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HomeMy WebLinkAbout1995/02/15 - Agenda PacketCITY CSUNCIL AGEN}A CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. February 15, 1995 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Willjams, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda February 15, 1995 PAGE All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander , Biane , Curatalo Gutierrez , and Williams B. ANNOUNCEMENTS/PRESENTATIONS C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Minutes: December 7, 1994 January 4, 1995 (Curatalo absent) January 18, 1995 Approval of Warrants, Register Nos. 1/25/95 and 2/1/95; and Payroll ending 1/12/95 for the total amount of $1,945,160.63. , Approval to receive and file current Investment Schedule as of January 31, 1995. Alcoholic Beverage Application for Off Sale Beer and Wine (20) for 7-Eleven Store ~2171-13979, Southland Corporation, Indnesh P, Singh and Pengkie Kaur, 9464 Base Line Road. o Approval of the sources of payment for the Rancho Cucamonga Redevelopment Agency's share of the State budget deficit reduction (Educational Revenue Augmentation Fund) for Fiscal Year 1994/95, totaling $1,112,926.67. 15 17 City Council Agenda February 15, 1995 PAGE 2 , Approval of a Resolution Approving the issuance by the Redevelopment Agency of the City of Rancho Cucamonga of its adjustable rate Multi-family Housing Revenue Bonds (Rancho Verde Village Apartments) 1995 Series A. RESOLUTION NO. 95-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA OF ITS ADJUSTABLE RATE MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS (RANCHO VERDE APARTMENTS PROJECT) 1995 SERIES A Approval of a Resolution of Intent - Single Family Mortgage Revenue Bond Program. RESOLUTION NO. 95-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE TO PERMIT THE ISSUANCE OF QUALIFIED MORTGAGE BONDS Approval of a Resolution indicating the City's desire to participate in San Bernardino County's Implementation of SB 2139 (Auto Thefts). RESOLUTION NO 95-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INDICATING THE CITY'S INTEREST IN PARTICIPATING IN THE COUNTY OF SAN BERNARDINO'S IMPLEMENTATION OF SB 2139 Approval of the Environmental Initial Study, Parts I and II, for the proposed Base Line Road Temporary Widening and Rehabilitation Project and Issuance of a Categorical Exemption therefore. 19 2O 22 24 26 27 28 City Council Agenda February 15, 1995 PAGE 10. 11. 12. 13. RESOLUTION NO. 95-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED BASE LINE ROAD TEMPORARY WIDENING AND REHABILITATION PROJECT Approval of a Summary Vacation of a portion of a storm drain easement, located west of Buckthorn Avenue and north of Manzanita Drive (9010 Manzanita Drive - APN 1062-125-25). RESOLUTION NO. 95-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF A STORM DRAIN EASEMENT, LOCATED WEST OF BUCKTHORN AVENUE AND NORTH OF MANZANITA DRIVE Approval to execute a Reciprocal Fee Agreement (CO 95-004) with the City of Rancho Cucamonga and Cucamonga County Water District. Approval to execute a Professional Services Agreement (CO 95-005) between the City of Rancho Cucamonga and U.S. Guards company, Incorporated for providing security at the Rancho Cucamonga Metrolink Station for the amount of $46,000.00 per year for the next two years. Approval to accept Improvements, Release of Bonds and Notice of Completion for portions of Tract 13565, located on the northeast corner of Wardman Bullock Road and 24th Street. Release Faithful Performance Bond Wardman Bullock Street Wardman Bullock Floodwall TR 13565-1 TR 13565-3 TR 13565-4 $ 302,000.00 148,000.00 103,000.00 246,000.00 160,000.00 Accept Maintenance Guarantee Bonds: Wardman Bullock Street Wardman Bullock Floodwall TR 13565-1 TR 13565-3 TR 13565-4 $ 30,200.00 14,800.00 10,300.00 24,600.00 16,000.00 29 41 43 46 48 51 City Council Agenda February 15, 1995 PAGE 4 RESOLUTION NO. 95-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13565-1, 13565-3, 13565-4, WARDMAN BULLOCK STREET AND THE WARDMAN BULLOCK FLOODWALL AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 52 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be rouUne 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 Submitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDFRATION OF AN APPEAL OF MODIFICATION TO CONDITIONAL USE PF:RMIT 91-24 - MASI - An appeal of certain Planning Division conditions of approval for the Modification to Conditional Use Permit 91-24 for a 27-acre center located at the southwest comer of Rochester Avenue and Foothill Boulevard in the Industrial park Distdct (Subarea 7) of the Industrial Area Specific Plan -APN: 227-011-10, 19, 21, and 26 through 28. RESOLUTION NO. 95-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 91-24, A REVISION TO CERTAIN CONDITIONS OF APPROVAL FOR A 27-ACRE CENTER LOCATED AT THE SOUTHVVEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-10, 19, 21, AND 26 THROUGH 28 53 105 City Council Agenda February 15, 1995 PAGE CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND IN DUSTRIAL AREA SPECIFIC PLAN AMEN DMENT 94-04 - CUCAMONGA COUNTY WATER DISTRICT - A request to add Extensive Impact Utility Facilities as a conditionally permitted use in Subarea 17 of the Industrial Area Specific Plan. ORDINANCE NO, 539 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN 94-04, TO ALLOW EXTENSIVE IMPACT UTILITY FACILITIES AS A CONDITIONALLY PERMITrED USE IN SUBAREA 17, AND MAKING FINDINGS IN SUPPORT THEREOF 109 130 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION TO AMFND FACILITY RENTAL FEE FOR THE EPICENTER RESOLUTION NO. 94-091D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 94-091A PERTAINING TO THE FACILITY RENTAL FEE FOR THE EPICENTER 133 133-1 H. CITY MANAGFR'S STAFF RFPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. City Council Agenda February 15, 1995 PAGE , , o CONSIDERATION OF ALTERNATIVE SENIOR AND COMMUNITY PROGRAMS CONDUCTED AT THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER AND LIONS EAST COMMUNITY CENTFR DISCUSSION OF PROPOSED ORDINANCE TO PREVENT CONVENIENCE STORE ROBBERIES AND OTHER ALTERNATIVES DISCUSSION OF PROGRAMS USED BY CITIES AND INTERESTED PARTIES IN OFFERING AND MAINTAINING A REWARD PROGRAM DISCUSSION OF POSSIBILITY OF RE-ESTABLISHING A PUBLIC SAFETY COMMISSION AND OTHER ALTERNATIVES DISCUSSION ON POSSIBILITY OF HOLDING A JOINT MEETING WITH CHAFFEY COMMUNITY COLLEGE TO DISCUSS ITEMS OF MUTUAL INTEREST (ORAL REPORT) RECOMMENDATION FOR SELECTION OF ROUTE 30 AD HOC TASK FORCE ALTERNATE (ORAL REPORT) UPDATE REPORT ON ROUTE 30 134 145 150 151 155 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identity 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 This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments am to be limited to five minutes per individual. L. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Februaq/9, 1995, seventy-two (72) hours pdor to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. % O( I-I ,i I-I O Z V V V V ~ w · ~O~wZ~w~W ~l~w~w ZWW · Z Z~ Z L ,J I,- e:~,,I k'1 ~'el-, I,~vJ ~44t,.4vI "eZ3E:iu .,i I l ! · · · · · · · i · · · · · · · · · uJ · · wm,rl '~, I · ~1 el 0121 I · · ,v · · I · · · · · · · · · · · · · · · · · · · · I · · · · · · · · · · II · · · · · IC31 eo.i IUJB i,-,~1 · · It-el · · ; B · · · · · · I · · · I · · · · · · · · · · · · · · · · · · · · · I · · · I · · · · · I · · · · · · · · · · · · m4 I · · BC~I · · 5 % Z M,v'iuJ _j ,-e · · · · · · I I A A A 0 Z Z Z Z ~ · ~ J Z ~ ) Z" Z Z~ Z 6 % .r · ZIL,~ .J ). I.- I-I I · · · · · · · · · · I · · · wI · 4 · · ~. · I I · · · · %, · I reel el · · ,. · · lu I I l- · · ,-~ · · · · Zl · } · I ~ · · · · · · · · · · · · · · · · · · · · · · · · I · · · · · · I · · · I · · · · · · · I It-el I1,..I i~,1 I~1 IMJI · · ~ · · · : I · · · · · · · I · · I I · · · · · I · · · · · · I · · · : I I · · · · · · · · · · · · · · · · · · · · · · · · · I i~,1 IZI i:),1 · · I I I I I I · I w Z ~ ZZ Z 'E ~ ~ C~ W I-, .,,I ,z. er ~W e,,4ma, '.r ", .J I,- I · · · · · I · · · · · · -- · · I · I~1 ~1~1 %1 · ~1~1 %1=1 0131 · I · 41 · ~1 · · · ZI · · · · · · · · · · · · · · · · · I · · · · · · · I · · · · · · · · · · · · I · · I~1 I~l I~1 I · I~1 · · · I · · · · · · · · · · · · · · · · · · · · I · · I · · · · l · · · · · · · · I · · · · · · · · · · · · · · · · · · · · · I I~1 · · I I · I · · I I · I · · eeeeeeee A A ~ A A V v ~ ~w ~W ,I .4 im 1- 41. 41. 8 02/07/1995 CITY OF RANCliO CUCAMONGA PORTFOLIO MASTER SU)U4ARY JANUARY 31, 1995 CITY CASH AVEPAGE ---YIELD TOMATURI~--- PERCENT OF AVEPAGE DAYS TO 360 365 INVESTMEF[S B(I)K VALUE PORTFOLIO TERN MATIIRITY EQUIVALI~{T ~UIVALENT Certificates of Deposit - Bank ...............$ Local Agency Investment Funds ................$ Federal Agency Issues - Coupon ...............$ Treasury Securities - Coupon .................$ Treasury Securities - Discount ...............$ Nort~age Backed Securities ...................$ Small Business Administration ................$ 11,919,566.50 25.10 367 163 4.416 4.478 17,217,038.78 36.25 1 1 5.452 5.528 11,540,759.38 24.30 689 538 6.722 6.816 482,996.24 1.02 774 536 5.766 5.846 3,349,805.89 7.05 361 100 4.861 4.9~ 1,885,680.88 3.97 1,591 796 6.7~ 6.823 1,101,562.50 2.32 9,131 6,018 8.184 8.298 TOTA.L ~TMEIFIS and AVERAGES ............. $ 47,497,410.17 100.00% 568 356 5.5761 5.654% Passbook/Checking Accounts ...................$ (not included in yield calculations) Accrued Interest at Purchase .................$ TOTAL CASH and PUIUCHASE IRTEREST ............. $ 378,097.24 118,750.23 1.973 2.000 496,847.47 TOTAL ~ aid ~TMENTS ................. $ 47,994,257.64 TOTAL EARNIN~ C~rrent Year MONTH ENDING FISCAL JANUARY 31 YEAR TO DATE $ 216,031.38 $ 1,237,542.36 DATE I certify that this report accurately reflects all agency pooled investments and is in comformity with investment policy adopted July 20, 1994. I copy of this investmeat policy is available in the Finance Division of the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to meet next month's estimated expenditures. 9 02/07/1995 CITY OF RANCliO CUCA!~GA I~ESTMI~ PORTFOLIO DETAILS - JAI~ARY 31, 1995 CITY CASB INVESTIGi'T NUMBER ISSUER PURCHASE DATE BOOK VALUE STATED --- Tfi4 --- ~TURITY DAYS FACE VALUE MARKET VALUE MATE 360 365 DATE TO MAT CERTIFICATES OF DEPOSIT - BANK 00928 BANK OF AMERICA 00929 BANK OF AMERICA 00888 FOOTHILL INDEP BANK 00884 GREAT WESTERN 00885 GREAT kTSTERN 00886 GREAT WESTEPJe 00891 GREAT WESTERN 00898 GREAT WESTERN 00915 GREAT WESTERN 00918 GREAT kT, STERN 00927 GEEAT WESTERN 00894 SANWA 00924 SANWA SUBTOTALS and AVERAGES LOCAL AGENCY 00005 00804 I~ESTME~T FOIDS EOCAL AGD~Y INVST FUND [XEAL AGEK"/ZFfST R]!) SOBTOTAlS and AV]IAGES FEDERAL AGENCY ISSUES 00895 00896 00897 00922 00925 00921 00926 FEDERAL FARM CREDIT BANKS FEDERAL FARM CREDIT BANKS FEDERAL FARM CREDIT BANKS FEDERAL BONE LOAN BANK FEDERAL HOE LOAN BANK FEDERAL NATL NTG ASSN SOBTOTALS and AVEMAGES TREASURY SECURITIES - COOPON 00904 TREASURY BILL 00903 TREAS~Y KYrE SOBTOTALS and AfiIAGES TREASURY SECURITIES - DISCOUNT 00892 TREASURY BILL 00907 TREASURY BILL SUBTOTALS and AVERAGES 01/30/95 127,921.00 01/31/95 1,791,645.50 03/15/94 500,000.00 02/15/94 500,000.00 02/22/94 500,000.00 03/01/94 500,000.00 03/29/94 500,000.00 05/12/94 2,000,000.00 11/15/94 500,000.00 11/15/94 5(M),O00.O0 01/25/95 500,000.00 01/04/94 04/29/94 12/28/94 127,921.00 127,921.00 2.800 2.800 2.839 03/02/95 29 1,791,645.50 1,791,645.50 2.800 2.800 2.839 04/04/95 62 500,000.00 500,000.00 4.430 4.430 4.492 03/15/95 42 500,000.00 500,000.00 3.750 3,750 3.802 02/15/95 14 500,000.00 500,000.00 3.750 3.750 3.802 02/22/95 21 500,000.00 5(X),O00.O0 3.750 3.750 3.802 03/01/95 28 500,000.00 500,000.00 3.750 3.750 3.802 03/29/95 56 2,000,000.00 2,000,000.00 4.600 4.600 4.664 08/14/95 194 5(M),O00.O0 500,000.00 6.000 6.000 6.083 11/27/95 299 500,000.00 500,000.00 6.000 6.000 6.083 11/27/95 299 500,000.00 500,000.00 6.900 6.900 6.996 01/25/96 358 1,000,000.00 1,000,000.00 3.150 3.150 3.194 02/08/95 7 2,000,000.00 4.250 4.250 4.309 05/02/95 90 1,000,000.00 7.250 7.250 7.351 12/28/96 696 11,919,566.50 11,919,566.50 11,919,566.50 4.416 4.478 163 16,104,038.78 16,104,038.78 16,104,038.78 5.528 1,113,000.00 1,113,000.00 1,113,000.00 5.528 17,217,038.78 17,217,038.78 17,217,038.78 5.452 5.528 5.452 5.528 5.452 5.528 1 04/29/94 2,000,000.00 2,000,000.00 2,000,000.00 5.850 5.770 5.850 04/29/96 453 05/05/94 1,500,000.00 1,500,000.00 1,500,000.00 5.160 5.089 5.160 05/01/95 89 05/05/94 1,996,250.00 2,000,000.00 1,996,250.00 5.850 5.870 5.952 04/29/96 453 12/19/94 1,000,000.00 1,000,000.00 1,000,000.00 8.030 8.030 8.142 12/19/97 1,052 12/28/94 1,065,134.38 1,065,134.38 1,065,134.38 6.360 7.683 7.789 09/19/96 596 12/21/94 1,981,250.00 2,000,000.00 1,981,250.00 7.050 7.564 7.669 10/10/96 617 12/29/94 1,998,125.00 2,000,000.00 1,998,125.00 7.700 7.752 7.859 12/10/96 678 11,540,759.38 11,565,134.38 11,540,759.38 6.722 6.816 538 06/07/94 210,151.24 217,000.00 210,151.24 4.600 06/08/94 272,845.00 277,000.00 272,845.00 6.141 482,996.24 494,000.00 482,996.24 04/13/94 1,913,085.56 2,000,000.00 1,913,085.56 4.370 06/30/94 1,436,720.33 1,515,000.00 1,436,720.33 5.389 4.720 4.786 02/09/95 8 6.571 6.662 0~8/31/97 942 5.766 5.846 536 4.518 4.581 04/06/95 64 5.317 5.391 06/29/95 148 3,349,805.89 3,515,000.00 3,349,805.89 4.861 4.929 10 02/07/1995 CITY OF RANCHO ~UCA~3NGA INVESTMENT PORTFOLIO DETAILS - INVESTMI~TS JANUARY 31, 1995 CITY INVESTMENT PURCHASE STATED ---YTM--- MATURITY DAYS NUMBER ISSUER DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT MORTGAGE BACKED SECURITIES 00071 FEDERAL ]]OI4E LOAN BANK 02/23/87 00203 FEDERAL MATE MTG ASSN 09/21/87 00899 FEDERAL MATE MTG ASSN 05/12/94 00002 GOVERNMENT NATIONAL MORTG ASRi 07/01/87 00069 GOVERNXENT NATIONAL MORTG ASSN 07/01/87 S~TC)Txu~ and AVERAGES ~ BUSINESS A/)IIINISTRATION 00004 SMALL ~SINESS AI)NIN 74,086.45 76,060.64 442,907.10 8.000 8.336 8.452 01/01/02 2,528 156,488.24 169,405.40 612,753.80 8.500 9.557 9.689 09/01/10 5,693 1,485,000.00 1,500,000.00 1,485,000.00 3.790 6.136 6.221 02/24/95 25 134,969.59 136,851.30 663,389.28 8.500 8.631 8.751 05/15/01 2,297 35,136.60 34,443.68 84,710.58 9.000 8.515 8.634 03/15/01 2,236 1,885,680.88 1,916,761.02 3,288,760.76 6.729 6.823 796 07/25/86 1,101,562.50 I,O00,O00.GO 1,065,142.39 9.125 8.184 8.298 07/25/11 6,018 TOTAL IlfiZESTMENTS and AVEPAGES $ 47,497,410.17 47,627,500.68 48,864,069.94 5.576% 5.654% 356 11 02/07/1995 CITY OF RANClIO CUCAMONGA INVESTMENT PORTFOLIO DETAILS - CASH JANUARY 31, 1995 CITY CASH INVESTMEIfr PURCHASE STATED --- YTM --- MATURITY DAYS NUMBER ISSUER DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT CHECKING/SAVINGS ACCOUNTS 00180 ~ OF AMERICA 378,097.24 2.000 1.973 2.000 Accrued Interest at Purchase TOTAL CASH 49~,847.47 TOTAL CASH ~nd INVESTMENTS 47,994,257.64 02/07/1995 CITY OF RANCHO CUCAJK)NGA PORTFOLIO MASTER INVESTMENT ACTIVITY BY TYPE JANUARY 1, 1995 - JANUARY 31, 1995 CITY CASH STATED TRANSACTION FORCHASES SALES/MATURITIES TYPE INVESTMENT J ISSUER RATE DATE OR DEPOSITS OR WITHDRAWALS BALANCE CERTIFICATES OF DEPOSIT - BANK 00916 BANK O[ AMERICA 2.800 01/31/1995 00923 BANK O[ AMERICA 2.800 01/30/1995 00928 BANK O[ AMERICA 2.800 01/30/1995 00929 BANI< OF AMERICA 2.800 01/31/1995 00882 GREAT WESTERN 3.350 01/25/1995 00927 GREAT WESTERN 6.900 01/25/1995 00878 SAMWA 3.150 01/04/1995 SUBTOTALS and ENDING BALANCE 127,921.00 1,791,645.50 50O,0O0.0O 2,419,566.50 BEGINNING BALAI{CE: 1,791,645.50 127,921.00 50O,00O.0O 1,000,00).00 3,419,566.50 12,919,566.50 11,919,566.50 I/3CAL AGENCY INVESTMENT ~ 00O05 LOCAl, AGENCY INVST FUN1) 5.528 00804 lOCAL AGENCY INVST { 5.528 SUBTOTALS and ENDING BALANCE 2,680,284.49 2,680,284.49 BEGINNING BALANCE: 14,536,754.29 0.0O 17,217,038.78 UNG/SAVINGS ACCOUNTS 0O18O BANK OF AMERICA 1,563,00O.00 BEGINNING BALANCE: 2,439,000.00 1,254,097.24 378,097.24 FEDERAL AG~CY ISSUES - ~N BEGINNING BdU. Jd{CE: 11,540,759.38 11,540,759.38 TREASURY SECURITIES - COUPON BEGINN1]IG BALAMCE: 482,996.24 482,996.24 TREASURY SECURITIES - DISCOUNT BEGINNDIG BAlddICE: 3,349,805.89 3,349,805.89 MORTGAGE BACKED SECURITIES 00071 FEDERAL HOME LOAM BANK 8.000 00203 FEDERAL NATL MTG ASSN 8.500 00002 0OVEIUIMENT NATIONAL MORTG ASSN 8.500 00069 GOVERNMENT NATIONAL MORTG ASSN 9.000 SUBTOTAlS and ENDING BALANCE 01/17/95 01/25/95 01/15/95 01/04/95 BEGINNUiGB~,LAMCE: 1,933.87 627.52 1,114.20 274.89 3,950.48 1,889,631.36 1,885,680.88 lS 02/07/1995 CITY OF RANCliO ~CAMONGA PORTFOLIO MASTER INVESTMENT ACTIVITY BY TYPE JANUARY 1, 1995 - JANUARY 31, 1995 CITY CASll STATED TRANSACTION PURCHASES SALES/MATURITIES TYPE INVESTMENT ~ ISSUER MATE DATE OR DEPOSITS OR WITHDRAWALS BALANCE SMALL BUSINESS AI~INISTRATION TOTALS BEGINNING BALANCE: BEGINNING BALANCE: 1,101.562.50 1,101,562.50 $ 47,075,173.40 6,662,850.99 5,862,516.98 47,875,507.41 ]4 'COPY · AINKJCAfiON FOR ALCOHOLIC lEVEllAG! UCINSI(S) . Tot De~t of AlcohoBc Beverage Control Se:ramento, Collf. 95818 The undefined hereby apldles for Iker~es described m followst 2. NAME(S) OF APPLICANT(S) Sound CorJ~rat~n0 The ' rag:, Pangkit a. Net of Business ... 7-twillart SCore e 1171-13979 ~.. '' 5. L~on ~ S~n~s~um~r a~ ~e~ Cl~ and Zip C~de ila~cho Cucamonga, CA 91701 Sa, bernardlno · If ~1~ LIckS, ~w Ty~ of Ltcen~ 20-2~4~20 8. M~llng ~dress (if different from ~ ~ 2245, are~. CA 9~6J~-~245 k Nee Write Ahwe IldeLbe4er Nmmdq,m~eere he Omly I. TYPE(S) OF LICENSE(S) FILE N~3675 RECEr l ?76 GEOGRAPHICAL Off Sale 8e,r ^,a t;! .... CODE 3~15-07 (~o} Date Temp. termit Effective Dales Effedive Date: 3. TYPE(S) OF TRANSACTION(S} FEE tiC. $ Per tn POT SU.0U ,0 . AnnUL1 Fee 34.09 04.00 fl'ee~) (term) 10. Have you e~er violated any of the provisiofi~ of the Alcohollc lres, Boutbland Beverage Control Act or regulations of the Department per- reining to the Act? Nnf lnc~n~'~h P. Si:~,]h&PP,~gkiQ I1. Explain o "YES" answer to items 9 or 10 on on attachmerit whk:h shall be deemed part of this application. !',aur Ooc~nt on rile in Sacr~.~.e~xt.j Office 12. Appllconl a~fees (o) that any ma,oger eraplayed in on-ale lice,wd premises will hove all the qvoli6cotio, s of a llcensee. and (b) ll~t he will not violate or cause or permit to be violMad say e~ the Fovi-~ons ot the Alcohalic &everDee ContrD! Act. 13. STATE OF CALIFORNIA Caun~/'am ur ,ca" ~ h .... - . . ""i .................. 7 ........... 7~=~l~--r,r~ ...... T"' &~)mlCATION BV iS. STATE OF CALIFORNIA taunt/~ ...... _'_ ....._'____"___~_____m~____'!_nq!___D~ee_Ze_v~_~_~_r_l_2~___t/}_e__4 .... Joseph L. Prologo ~rol L. Prologo 18. License Number(s) 20-214620 19. Location Number and Street 2171-~,3979 9464 mtR,,-I ~. ,- - · Do Not Wrtle Below This Line; For Department Use !Attached: [:i]laecorded notice, [] Ile~'Plte_ [] Renewal: Fee of ..... ,Paid at ..... City and Zip Code County :CORES/VIAlLED __ O Wt~m on ............... .let. wipe ~ ....................... 15 16 DATE: TO: CITY OF RANCHO CUCAMONGA STAFF REPORT February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, Executive Director FROM: Linda D. Daniels, Redevelopment Manager BY: Olen Jones, Senior Redevelopment Analyst SUBJECT: APPROVAL OF THE SOURCES OF PAYMENT FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S SHARE OF THE STATE BUDGET DEFICIT REDUCTION (EDUCATIONAL REVENUE AUGMENTATION FUND) FOR FISCAL YEAR 1994/95, TOTALING $1,112,793.96. RECOMMENDATION Approve the sources of payment for the Redevelopment Agency's share of the State Budget Deficit Reduction, and authorize staff to inform the County Auditor/Controller, pursuant to State requirements. BACKGROUND The 1993 Budget Act for the State of California requires every redevelopment agency in the State to pay into the Educational Revenue Augmentation Fund (ERAF), to reduce State support of local education. Statewide, redevelopment agencies are required to pay $65 Million into the ERAF, to support schools and community colleges. Rancho Cucamonga's total liability is $1,112,793.%. The budget act legislation requires that each redevelopment agency notify the County Auditor/Tax Collector by March 1, 1995, as to how it intends to fund its obligation. ANALYSIS The Agency will make its payment to the ERAF from the following sources on a proportional basis: Fund 25/Fire Facilities Fund Fund 13/Central Park/Library TOTAL PAYMENT Tax Increment Bond Proceeds 834,567.96 278,226.00 $1,112,793.96 This is the final year of the two year requirement adopted by the State (Fiscal Years 1993/94 and 1994/95), resulting in a loss of revenue totaling $2,225,587.92 for these ,,,two years. This $2.2 Million ERAF payment will bring the total contribution towards reducing the State's budget deficit by the Rancho Cucamonga 17 February 16, 1994 Staff Report - FY 93/94 ERAF Page 2 Redevelopment Agency to over $5.6 Million over the three year period. It is uncertain whether the legislature will exact further "contributions" from redevelopment agencies in order to continue to balance their budget. Respectfully submitted, Litida D. Daniels Deputy Director 18 /- DATE: TO:. CITY OF RANCHO CUCAMONGA STAFF REPORT February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, Executive Director FROM: BY: SUBJECY: Linda D. Daniels, Redevelopment Manager Olen Jones, Senior Redevelopment Analyst CONSIDERATION OF A RESOLUTION APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY .OF THE CITY OF RANCHO CUCAMONGA OF ITS ADJUSTABLE RATE MULTIFAMILY HOUSING REVENUE BONDS (RANCHO VERDE VILLAGE APARTMENTS) 1995 SERIES A. RECOMMENDATION Adopt the attached resolution, and authorize the Redevelopment Agency to issue the bonds. BACKGROUND In August, 1993, the Agency provided a loan to Southern California Housing Development Corporation (SCHDC) to assist in the acquisition of Rancho Verde Village, a 240 unit apartment complex located at Grove Avenue and 8th Street. As consideration for the loan, SCHDC agreed to provide 40% of the units as affordable to four targeted income groups. for a minimum of 30 years. The seller of the property, Essex Corporation, provided short-term financing for the acquisition. In February, 1995, the City held a public hearing, as required by the Tax Equity and Fiscal Reform Act of 1982 (TEFRA), to take public comment on the financing. ANALYSIS SCHDC has arranged for a tax-exempt mortgage from Home Savings to replace the short-term financing, and reduce their debt service payments, thereby reducing the project's operating expenses. Under federal guidelines, such a mortgage qualifies technically as an issuance of tax- exempt bonds, and therefore requires that the City and Agency follow the procedures as if such bonds were being sold. The mortgage is a "conduit financing," meaning that proceeds will be used by a non-governmental borrower (SCHDC) for a public purpose (in this case, the provision of affordable housing). The mortgage will be secured by Rancho Verde Village, and will not impact the Agency's ability to issue future bonds when needed. TEFRA also requires that the legislative body adopt a resolution approving the sale of the bonds by the Redevelopment Agency. The attached resolution satisfies the TEFRA requirements. Respectfully submitted, Linda D. Daniels x,_Redevelopment Manager J 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA OF ITS ADJUSTABLE RATE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (RANCHO VERDE APARTMENTS PROJECT) 1995 SERIES A WHEREAS, the Redevelopment Agency of the City of Rancho Cucamonga (the "Agency") is authorized pursuant to Section 33750 and following the California Health and Safety Code (the "Act") to provide assistance in financing multifamily residential housing developments within redevelopment project areas; and WHEREAS, the City of Rancho Cucamonga (the "City") and the Agency have determined that it is in the best interests of the City tomaintain the supply of affordable rental housing within the City through the issuance by the Agency of the Redevelopment Agency of the City of Rancho Cucamonga Adjustable Rate Multifamily Housing Revenue Refunding Bonds (Rancho Verde Apartments Project) 1995 Series A (the "Bonds"); and WHEREAS, the proceeds of the Bonds, if any are issued, will be loaned to Southern California Housing Development Corporation, a California public benefit corporation (the "Company"), for the purpose of financing the acquisition of a 248- unit rental housing project known as the Rancho Verde Apartments located at 8837 Grove Avenue, Rancho Cucamonga, California (the "Project"); and WHEREAS, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, this City Council has heretofore conducted a duly noticed public hearing on February 1, 1995, with respect to the proposed issuance of the Bonds and financing of the Project, such notice being published in the Inland Valley Daily Bulletin. NOW, THEREFORE, BE IT RESOLVED, DETERMINEDAND ORDERED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, as follows: Section 1. Approval of Issuance of Bonds and Making of Loan. The issuance of the Bonds by theAgency pursuant to the Act, the making of the Loan with the proceeds of Bonds by the Agency to the Company and the financing of the Project are hereby approved. This approval is made in order to meet the public approval requirements of Section 147(f) of the Internal Revenue Code, as amended. Section 2. Effective Date. effect upon adoption. This Resolution shall take JRR2505r1 PASSED, APPROVED AND ADOPTED by the City Council of the City of Rancho Cucamonga this day of , 1995. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk JRR250571 -2- DATE: TO: FROM: BY: SUBJECY: CITY OF RANCHO CUCAMONGA STAFF REPORT February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Linda D. Daniels, Redevelopment Manager Jan Reynolds, Assistant Redevelopment Analyst CONSIDERATION OF A RESOLUTION AUTHORIZING AN APPLICATION TO PERMIT THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS RECOMMENDATION Approval of the attached Resolution authorizing staff to submit an application to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of Single Family Mortgage Revenue' Bonds. BACKGROUND The City Council has expressed strong interest in programs to assist first time homebuyers in the purchase of a home in Rancho Cucamonga. Because of the restrictions on the Redevelopment Agency's 20% setaside funds, staff has been exploring alternative funding sources to assist first time buyers in homeownership. ANAI,YSIS The California Debt Limit Allocation Committee has invited cities and counties within the state to submit an application for a portion of the state's qualified mortgage bond pool. Applications must be submitted no later than March 15, 1995. The minimum bond pool allocation has been set at $20 Million. Single Family Mortgage Revenue-bonds are private activity bonds issued by the state and are secured by Ginnie Mae or Fannie Mae pool securities. The term of the mortgages will 30 years with rates which are determined at the time of the bond sale. Under terms of the program, applicants must be first time homebuyers, with Single Family Mortgage Revenue Bonds February 15, 1995 Page 2 incomes restricted to a maximum of $46,400 for I to 2 member families, and $53,360 for 3 plus member families. The home purchase price is limited to $160,249 for existing units, and $149,599 for new. Since there is limited new housing stock which would meet the program criteria, the Rancho Cucamonga program will be directed more heavily towards existing units. Redevelopment Agency staff, along with underwriters, Stone and Youngberg, and bond counsel, Jones, Hall, Hill and White, have held two meeting with local mortgage lenders and developers to discuss the feasibility of applying for a portion of the bond pool. The local lenders and developers indicated a desire to see other cities included within this bond program; namely, Ontario, Chino, and Fontana. Staff has contacted these cities to discuss their possible participation and all three cities have indicated an interest in further discussions. Once a commitment has been obtained from any or all of the cities, formation of a Joint Powers Authority for the purpose of issuing the bonds will be presented to the City Council for consideration. There is no direct cost to the City for participation in the bond program. Prior to submission of the application. each lender, or developer, will be required to deposit with the City not less than 1% of their requested allocation. Should the City be unable to obtain the necessary deposits from the lenders, the application will not be submitted. Respectfully submitted, Linda D. Daniels Redevelopment Manager RESOLUTION NO. (~-~' C) / -,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE TO PERMIT THE ISSUANCE OF QUALIFIED MORTGAGE BONDS WHEREAS, there is a shortage in the City of Rancho Cucamonga (the "City") of decent, safe and sanitary housing, particularly of housing affordable by persons in the lower end of the purchasing spectrum, and a consequent need to encourage the construction of homes affordable by such persons and, otherwise, to increase the housing supply in the City for such persons (a "Housing Program"); and WHEREAS, in furtherance of the foregoing, the City wishes to provide for the issuance of qualified mortgage bonds pursuant to Part 5 of Division 31 of the Health and Safety Code of the State of California by the City or by a joint powers agency ((the "Authority") to be established by the City with another dty or other cities desiring to participate in a Housing Program; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), limits the amount of qualified mortgage bonds that may be issued in any calendar year by entities within a state and authorizes the legislature of such state to provide the method of allocating authority to issue qualified mortgage bonds within such state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California governs the allocation in the State of California of the state ceiling established by Section 146 of the Code among governmental units in the State having the authority to issue qualified mortgage bonds; and WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an application for a portion of the state ceiling with or upon the direction of the California Debt Limit Allocation Committee ("CDLAC') prior to the issuance of qualified mortgage bonds; and WHEREAS, CDLAC procedures require an applicant for a portion of the state ceiling to certify to CDLAC that the applicant has on deposit an amount equal to one percent (1%) of the amount of allocation requested; NOW, THEREFORE, BE IT RESOLVED by the City Council of Rancho Cucamonga, as follows: SECTION 1. The City Manager of the City, or his designee, is hereby authorized, on behalf of the City or on behalf of the Authority in cooperation with any city participating in the Housing Program, to submit or cause to be submitted an application, and such other documents as m~iy be required, to CDLAC pursuant to Government Code Section 8869.85 for an allocation of a portion of the state ceiling (as that term is defined in the Government Code) in an amount not to exceed $20,000,000 for application toward the issuance of qualified mortgage bonds by the City or the Authority on behalf of the City, as applicable, the final determination of the amount to be so applied for to be determined by the City Manager or his designee. SECTION 2. An amount of not less than one percent (1%) of the requested allocation is hereby authorized to be placed into an escrow account, and the City Manager of the City, or his designee, is authorized to certify to CDLAC that such funds are available. SECTION 3. The deposit referred to in Section 2 shall, with respect to the application to CDLAC for qualified mortgage bonds, consist solely of those amounts hereafter deposited by developers and lenders with the City or the Authority for such purpose and, in the absence of such deposit, such application shall not be made to CDLAC. SECTION 4. The officers and employees of the City are hereby authorized and directed to do any and all things necessary or advisable in order to effectuate the purposes of this resolution, and all actions previously taken by such officers and employees in connection with the establishment of the Housing Program and the issuance, sale and delivery of qualified mortgage bonds are hereby ratified and approved. SECTION 5. This Resolution shall take effect from and after its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga at a regular meeting held on February 15, 1995, by the following vote: AYES: NOES: ABSENT: Mayor City Clerk DATE: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager RESOLUTION INDICATING THE CITY'S INTENT TO PARTICIPATE IN THE COUNTY'S IMPLEMENTATION OF SB 2139 (AUTO THEFTS) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution which indicates the City's interest in participating in San Bernardino County's implementation of SB 2139. BACKGROUND: The State Legislature enacted SB 2139 to allow counties to add $1.00 to vehicle registration fees to fund auto theft apprehension and prosecution efforts. The Board of Supervisors are considering enacting this fee. If adopted by the County, the City would not automatically be entitled to a share of the funds. To participate in the program and receive funds for local efforts to combat auto theft, the City must adopt a resolution declaring its intention to participate in the program. The attached resolution accomplishes this task. This program, if ultimately enacted by the Board of Supervisors will provide much needed funds to fight a growing problem. For this reason, staff is recommending approval of the attached resolution, Respectfully Submitted, /., Duane A. Baker Assistant to the City Manager /dab sot. 95- C9 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INDICATING THE CITY'S INTEREST IN PARTICIPATING IN THE COUNTY OF SAN BERNARDINO'S IMPLEMENTATION OF SB 2139 WHEREAS, the State Legislature adopted SB 2139 authorizing counties to enact an additional $1.00 fee on vehicle registrations to fund auto theft apprehension and prosecution efforts; and WHEREAS, then County of San Bernardino is considering implementing this legislation to combat auto thefts in the County; and WHEREAS, to participate in this program and receive a share of this funding, the City must indicate its intention through this resolution; and WHEREAS, once adopted by the County, the City will work with the County to insure that Rancho Cucamonga's efforts to combat auto theft will receive its fair share of funds from the implementation of SB 2139. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga hereby indicates its interest and intention to participate in San Bernardino County's implementation of SB 2139 and its efforts to apprehend and prosecute auto thieves. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O~Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL OF THE ENVIRONMENTAL INITIAL STUDY, PARTS I AND II, FOR THE PROPOSED BASELINE ROAD TEMPORARY WIDENING AND REHABILITATION PROJECT AND ISSUANCE OF A CATEGORICAL EXEMPTION THEREFORE RECOMMENDATION: It is hereby recommended that the City Council adopt the attached Resolution accepting and approving the Environmental Initial Study, Parts I and II for the pwposed Base Line Road Temporary Widening and Rehabilitation Project 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. BACKGROUND/ANAI ,YSIS This report presents an Environmental Assessment Initial Study for the proposed Base Line Road Temporary Widening and Rehabilitation Project. In conformance with the California Environmental Quality Act and State Guidelines, the attached document has been prepared to penit construction of the above mentioned improvements. Said project entails the widening of Base Line Road to facilitate four lanes of traffic. New A.C. pavement and A.C. overlay will be used to obtain a uniform cross section. It is the Engineering Staffs finding that the proposed project will not create a significant adverse impact on the environment and therefore recommend that these improvements be classified as Categorically Exempt. Respectfully submitted, City Engineer WJO:sd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED BASELINE ROAD TEMPORARY WIDENING AND REHABILITATION PROJECT WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the proposed Base Line Road Temporary Widening and Rehabilitation Project; and WHEREAS, an Environmental Assessment Initial Study has been prepared pursuant to the California Environmental Quality Act, as mended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES as follows: SECTION 1: The City Council ofRancho Cucamonga hereby approves the Environmental Assessment Initial Study and issuance of a Categorical Exemption for the propOSed Base Line Road Temporary Widening and Rehabilitation Project. SECTION ?: The City Clerk is directed to file a Notice of Exemption pursuant to the California Environmental Quality Act. CITY OF RANCHO CUCAMONGA ENVIRONMENTAL INFORMATION FORM PART I - INITIAL STUDY General Information , Name and address of developer or project sponsor: City of Rancho. 10500 Civic Center Drive. Rancho Cucamonl;a. CA 91730 Address of project: Base line Road fi'om Day Creek Channel to Victoria Park l,ane Name, address, and telephone number of person to be contacted concerning this project: City of Rancho Cucamonga. 10500 Civic Center Drive. Rancho Cucamonga. California 91730. Contact: Mike Olivier. (909) 989-1862. extension 2330 Indicate number of the permit application for the project to which this form pertains: N/A , 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: City Council approval 6. Existing zoning district: N/A 7. Proposed use of site (Project for which this form is filed): Rehabilitation and temporary widening' of Base line Road Project Description and Effects: , 9. 10. 11. 12. 13. 14. 15. 16. Site Size: Approximately 7 acres Square Footage: Approximately 180,000 square feet (street widening) Number of floors of construction: N/A 17. 18. Street closure permit and Amount of off-street parking provided: N/A Attach plans. N/A Proposed scheduling: Associated project: N/A Anticipated incremental development. N/A If residential, include the number of units, schedule of unit sizes, range of sale prices of rents, and type of household size expected: N/A If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 19. If institutional, indicate the major function, estimated employment per shift, estimate occupancy, loading facilities, and community benefits to be derived from the project: N/A 20. If the project involves a variance, conditional use or reasoning application, state this and indicate clearly why the application is required. N/A Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 21. Change in existing features of any bays, tidelands, beaches, hills or substantial alteration of ground contours. Yes No 22. Change in scenic views or vistas from existing residential areas or public lands or roads. X 23. Change in pattern, scale or character of general area of project. X 24. Significant amounts of solid waste or litter. X 25. Change in dust, ash, smoke, fumes or odors in vicinity. X 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. X 27. Substantial change in existing noise or vibration levels in the vicinity. X 28. Site on filled land or on slope of 10 pement or more. X 29. Use of disposal of potentially hazardous materials, such as toxic substances, flamables or explosives. X 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). X 31. Substantially increase fossil fuel consumption (electricity, oil, oil, natural gas, etc.). X 32. Relationship to a larger project or series of projects. X Environmental Setting: See at~-_ched 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing sinaerates 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 information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department 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. 31 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 my ability, and that the facts, statements, and information presented are tree and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Planning Division. Date: \-- 1. ~, - ~ ~' Signature: Title: ~c. C._.~. PART I ATTACHMENT Project Description and effects Nos. 13, 25, 27, 32, 33, and 34 13. The proposed "Base Line Road Temporary Widening and Rehabilitation" Project consists of new A.C. pavement, removal and replacement of existing A.C. pavement, cold plane, A.C. overlay and restriping for four lanes. The length of the project is approximately 2600 feet. Construction is tentatively scheduled for May 1, 1995. 25. & 27. Noise, vibrations, dust and odor will increase at the project site during construction. After project completion, all noise, vibrations, dust and odor caused as a result of the project will cease and will return to their normal levels. 32. This project will be the last in a series of projects that have widened Base Line Road to at least two traffic lanes in each direction through the entire length of the City. 33. & 34. The project is located on Base Line Road from Day Creek Channel to Victoria Park Lane. With the exception of the Victoria Self Storage property, the north side of Base Line Road is undeveloped. The south side contains a Christmas tree farm and a winery complex. The general topography of the project site consists of a slight north to south incline with a sudden grade change just north of the road. The proposed project will not have a substantial impact on plants, animals or land resources. There are no obvious historical, cultural or scenic aspects. CITY OF RANCHO CUCAMONGA PART II - INITIAL STUDY ENVIRONMENTAL CHECKLIST I. BACKGROUND II. Name of Proponent City of Rancho Cucamonl;a Address and Phone Number of Proponent 10500 Civic Center Drive. Rancho Cucamonga. CA 91730 Contact Mike Olivier (909) 989-1862. extension 2330 Date of Checklist Submitted February 15. 1995 Agency Requiring Checklist C il~' of Rancho Cucamonga Name of Proposal, if applicable Base l .ine Road Terrlporary Widening & Rehabilitation ENVIRONMENTAL IMPACTS (Explanation of all 'yes' and 'maybe' answers are required on attached sheets). 1. Earth. Will the proposal result in: YES MAYBE NO Unstable earth conditions or in changes in geologic substructures? X b, Disruptions, displacements, compaction or over covering of the soil? X C, Change in topography or Found surface relief features? X The destruction, coveting or modification of any unique geologic or physical features? X Any increase in wind or water erosion of soils, either on or off the site? X Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X g, Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors: C, Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? Water. Will the proposal result in: a, Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b, Changes in absorption rates, drainage patterns, or the rate and mount of surface water runoff?. c. Alterations to the come or flow of flood waters? Change in the mount of surface water in any body of water? Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interceptions of an aquifer by cuts or excavations? h, Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related haTnrc~ such as flooding or tidal waves? Plant I fie. Will the proposal result in: Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops and aquatic plants)? be Reduction of the numbers of any unique, rare or endangered species of plants? Introduction of new species of plant into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? X X X X X X X X X X X X X X X Animal l .ife. Will the proposal result in: ao Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell-fish, benthie organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increase in existing noise levels? b. Exposure of people to severe noise levels? Iight and Glare. will the proposal produce new light or glare? l .and Use and PIning Considerations. Will the proposal have significant results in? A substantial alteration of the present or planned land use of an area? A conflict with any designations, objectives, policies, or adopted plans of any governmental entities? An impact upon the quality or quantity of existing consumptive or non-consumptive recreational opportunities? X X X X X X X X X X Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal involve: A risk of an explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b, Possible interference with an emergency response plan or an emergency evacuation plan? X X X 11. 12. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to water-borne, rail, or air traffic? f. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas? a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Falgzl~. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities? a. Electric power? b. Natural or packaged gas? c. Communications systems? X X X X X X X X X X X X X X X X X X X 37 d. Water supply? e. Waste water facilities? f. Flood control structures? g. Solid waste facilities? 17. Human Health. Will the proposal result in: 18. 19. a, Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a, Will the proposal result in the alteration of, or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d, Will the proposal restrict existing religious or sacred uses within the potential impact area? 2 1. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-ten to the disadvantage of long-term, environmental goals? {A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). X X X X X X X X X X X X X X III. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two of more separate resources where the impact on each resource is relatively small, but where the effect of the total of these impacts on the environment is significant.) X d, Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X DISCUSSION OF ENVIRONMENTAl, F. VAI ,UATION (Narrative description of environmental impacts.) The widening of Base Line Road will cause some regrading of the existing soil north and south of the traffic lanes. e, A slight increase in wind or waster erosion of soils will occur during construction., Measures to mitigate or minimize the erosion will be employed. a.&b. Construction equipment along with A.C. pavement and A.C. overlay will temporarily increase air emissions and/or objectionable odors. Noise a. Existing noise levels will increase due to equipment operation during consu'uction hours. The public living or working near the project site may be disturbed. Page 11 13. Transportation/Circulation a.&b. The widening of Base Line Road from one traffic lane to two traffic lanes in each direction will greatly facilitate flow through the area. It will also eliminate the present traffic bottleneck when existing double traffic lanes outside the project area must now merge into a single traffic lane within the project area. IV .DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT IMPACT REPORT is required. I find the proposed project CATEGORICALLY EXEMPT per Article 19, Section 15301, Class 1 C, of the California Environmental Quality Act. Title CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~,Ieil, City Engineer Willie Valbuena, Assistant Engineer SUMMARY VACATION OF A PORTION OF A STORM DRAIN EASEMENT, LOCATED WEST OF BUCKTHORN AVENUE AND NORTH OF MANZANITA DRIVE (9010 MANZANITA DRIVE - APN 1062-125-25) RECOMMRNDATION: It is recommended that the City Council adopt the attached Resolution ordering the summary vacation of a portion of a storm drain easement, located west of Buckthorn Avenue and north of Manzanita Drive and authorizing the mayor and the City Clerk to record same. BACKGROUND/ANAl ,YSIS The City has received a request from the property owner, Emil Stache, to vacate a portion of an existing storm drain easement on the easterly portion of his property, west of Buckthom Avenue and north of Manzanita Drive. The area to be vacated is 30 feet wide and 182.94 feet long. The easement was dedicated through a separate inslxument, recorded in July 19, 1976. As a condition of the requested vacation, the property owner has been required to construct a channel on the adjacent property to the east within the remaining portion of the easement. The affected property owner has agreed to the construction of the channel on his property. The plans for the channel are nearly complete. The vacation resolution will not be recorded until the channel construction is completed. 41 CITY COUNCIL STAFFREPORT V-129-APN 1062-125-25 February15,1995 Page 2 On September 14, 1994, the Planning Commission determined that the vacation conforms to the General Plan and recommended the vacation occur. The property owner is now requesting that the vacation occur and will incorporate the vacated area into his yard. Section 8333 (c) of the Streets and Highways Code states that local agencies may summarily vacate a public service easement being superseded by relocation and there are no other public facilities located within the easement. Respectfully submitted, Wiln~m J. OrNeil City Engineer WJO:WV:dlw Attachments RESOLUTION NO. ~.~ - 0/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUbIMARILY ORDERING THE VACATION OF A PORTION OF A STORM DRAIN EASEMENT, LOCATED WEST OF BUCKTHORN AVENUE AND NORTH OF MANZANITA DRIVE WHEREAS, by Ch_apter 4, Article 1, Section 8333(c), of the Streets and Highway Code, the City Council of the C~ty of Rancho Cucamonga is authorized to summarily vacate a portion of a storm drain easement hereinaf[er more particularly described; and WHEREAS, the City Council found all the evidence submitted that ' of the storm drain easement is no longer required provided an improved ~a~°~ to accommodate the drainage is constructed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City ofRancho Cucamon a hereby makes its order vacating that portion of storm drain easement on Ma V-129, on ~le in the office of the City Clerk of the City of Rancho Cucamon a, which has~een .flirther described in a legal description which is attached hereto, marked exhibit "A", and by reference made a part thereof. SECTION ?: That from and after the date this resolution is recorded, said portion t of the s orm drain easement, located west of Buckthorn Avenue and north of Manzanita Drive, no longer constitutes a public storm drain easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 4: That the City Clerk shall cause a certified cop of this resolution to be recorded in the office of the County Recorder of San Bernardino ~dunty, California. EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF DRAINAGE EASB}4ENT A.P.N. 1062-121-25 Emil Stache The easterly 30 feet of that portion of Parcel 4 of Parcel No. 1843, as recorded in Book 22 of parcelmaps, page 44. Except the North 174 feet thereof. Also, as shown on doctment recorded in Book 8971, page 974, official records. The above legal description was prepared by me. SANDERSON-GUTIERREZ Civil Engineers & Land Surveyors, Inc, 10002-A 6th St, Ph, (909) 980-1211 Rancho Cucamonga, CA 91730 )B SHEET NO. CALCULATED BY CHECKED BY SCALE OF DATE DATE Iu: I00m f CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O~leil, City Engineer Dan James, Senior Civil Engineer APPROVAL OF A RECIPROCAL FEE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CUCAMONGA COUNTY WATER DISTRICT RECOMMENDATION: It is recommended that the City Council approve the subject agreement with the Cucamonga County Water District and authorize the Mayor to execute the same. BACKGROUND/ANAl ,YSIS In late 1992, the City of Rancho Cucamonga approached the District with a request for a reciprocal fee agreement between the two agencies waiving all development fees which would normally be due to the other agency for building and construction of City or District projects. At that time, the City was near completion of its new Sports Complex and the District was pursuing the development of a new warehouse and office building. As a result, both paxties tentatively agreed that a reciprocal fee agreement would be beneficial to each agency and the public they serve. Through several meetings and cost analysis of the fee exchange, staff of both agencies concluded the agreement preparation. The District at its Board meeting of December 13, 1994, approved the reciprocal fee agreement. SlIMMARY AND ANAI,YSIS OF AGRF, RMF, NT The agreement states that it is the mutual intent of both agencies that the fees which would normally be due to the other party for building and couswuction of the District and City facilities, including the District's office and warehouse facilities and the City's Sports Complex, be waived. It further states that the agreement be made solely between the District and the City, and the terms of this agreement shall be for a period of 10 years, but may be terminated at any time upon 90 days written notice. CITY COUNCIL STAFF REPORT CCWD - RECIPROCAL FEE AGREEMENT February 15, 1995 Page 2 The agreement also specifically states that facilities as to which this agreement will apply shall include only those facilities that are directly owned by the District or the City and are for the direct benefit of the general public. It shall not include private commercial facilities which are owned or funded in whole or part by the City's Redevelopment Agency. A provision is also included in the agreement which provides each party with the ability to question whether the building or facility proposed for review and approval is eligible for the waiver of fees. Of an immediate benefit to the City is the waiver of the Sports Complex fees owed to the District. These fees are in excess of $400,000. CONCI oUSIONS: The agreement thoroughly addresses all of the issues and concerns raised by each agency regarding the details of how and which fees will qualify to be exchanged. These stipulations will serve to ensure a level of equability relative to the amounts waived by each agency so that all will remain fmancially equal and neither will be faced with a loss. The agreement results in cooperative effort by both the DisWict and the City of Rancho Cucamonga to substantially reduce the amount of fees paid by each agency. It thereby lessens the financial impacts on each of the agencies and ultimately on the residents and businesses 0fthe community in which we serve. Respectfully submiRed, City Eugineer WJO:DJ:dlw f CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February15,1995 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: William J. O~Neil, City Engineer BY: Mike Olivier, Senior Civil Engineer SUBJECT: APPROVAL TO EXECUTE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND U. S. GUARDS COMPANY, INC. FOR PROVIDING SECURITY AT THE RANCHO CUCAMONGA METROLINK STATION FOR THE AMOUNT OF $46,000 PER YEAR FOR THE NEE TWO YEARS RECOMMF, NDATION: It is recommended that the City Council approve and execute Professional Services Agreement between the City of Rancho Cucamonga and U. S. Guards Company, Inc., for providing security at the Rancho Cucamonga Metrolink Station. BACKGROUND/ANAl ,YSIS In October of 1994, the City successfully opened the Metrolink Station on Mi!!iken Avenue and the Metrolink line. Since the inception, the station has been well utilized. In the first week alone over three hundred and fifty cars were utiliTing the site. Since that time usage has tapered off somewhat however, the station is still extremely popular and we expect increased use as more people become aware of the station location. As with all Metrolink sims, the City will need to provide security for our patrons. In this regard, staff sent out RFPs toquali~ed security consultants. Of the eleven RFPs sent out we received eight responses. Each company was requested to review the site and propose additional sentice that might be advantageous. Request for Proposal included "Post Guard Instructions" and the following basic information: Being present before the first train in the AM and after the last train in the PM Assisting riders when needed; train times, train stops, and points of connection to Los Angeles and San Bemardino Being visible at all times Observing suspicious vehicles and/or visitors CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA METROLINK STATION February 15, 1995 Page 2 Noting license numbers of suspicious vehicles Reporting to base offices and/or law enforcement agencies violaitons of law or in cases of vandalism, to City Public Works Maintenance. The RFP also required the security officer to be unifored and have at all times: Radio contact to the company base office Portable telephone equipment to contact law enforcement agencies Dally log Flash light The security officer shall be trained in the use of pepper spray or mace and shall carry sanle The proposals were evaluated by staff and the City Police Department. It is the consensus recommendation that U. S. Guards Company is the best qualified for the security at the Metrolink site. U. S. Guard is the only company that provide guards with certificates from the Red Cross in CPR and first aid along with county sheriff training in mace and baton usage. SANBAG will be providing funding for security and maintenance of the site forthe first two years of operation. One Hundred Thousand Dollars a year has been allocated for this cost. The proposal of U. S. Guards budget is estimated to be $46,000.00 per year. Respectfully submiFed, William J. O%leil City Engineer WJO:MO:dlw Attachment CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: January 18, 1995 TO: Joe O~eil, City Engineer FROM: Ronald W. Bieberdorf, Chief of Police SUBJECT: METROLINK SECURITY GUARD PROPOSALS I have reviewed the proposals that you provided subject to selecting a vendor to provide security services for our local Metrolink Station. I agree with your assessment that the proposal submitted by U.S. Guards, Inc. appears to satisfy required needs. I have also contacted the Los Angeles County Sheriffs Deparlrnent and sought their input pertaining to security services. L.A.S.D. regularly deals with Metrolink and axe familiar with most of the security fm-ns that serve Metrolink. L.A.S.D. also confamed your assessment and indicated that U.S. Guards would be an excellent choice. RB/JH/jh f CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Larn, AICP, City Manager William J. O~Icil, City Engineer Steve Gilliland, Public Works Inspector II ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR PORTIONS OF TRACT 13565, LOCATED ON THE NORTHEAST CORNER OF WARDMAN BULLOCK ROAD AND 24TH STREET RRCOMIVlENDATION: The required street improvements for Tract 13565-1, 13565-3, 13565-4, Wardman Bullock Sweet and the Wardman Bullock floodwail have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bonds in the amounts of $30,200; $14,800; $10,300; $24,600; $16,000, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds in the amounts of $302,000; $148,000; $103,000; $246,000 and $160,000. BACKGROUND/ANAl .YSIS Tract 13565 - located on the northeast comer of 24th Street and Wardman Bullock Road DEVELOPER: Standard Pacific 1565 W. Mac Arthur Boulevard Costa Mesa, CA 92626 Accept Maintenance Guarantee Bonds: Wardman Bullock Wardman Bullock SWeet Floodwall $30,200 $14,800 TR 13565-1 $10,300 TR13565-3 $24,600 TR13565-4 $16,000 Release Faithful Performance Bonds: Wardman Bullock Wardman Bullock Street Floodwall $302,000 $148,000 Respectfully submitted, WiilJ.~O~e5~ City Engineer WJO:SMG:sd TR 13565-1 $103,000 TR13565-3 $246,000 TR13565-4 $160,000 51 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13565-1, 13565-3, 13565-4, WARDMAN BULLOCK STREET AND THE WARDMAN BULLOCK FLOODWALL AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 13565-1, 13565-3, 13565-4, Wardman Bullock Slxeet and the Wardman Bullock Floodwall have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager Brad Buller, City Planner Beverly Luttrell, AICP, Associate Planner APPF. AI. OF MODIFICATION TO CONDITIONAl. USF. PERMIT 91-24-MASI- An appeal of certain Planning Division conditions of approval for the Modification to Conditional Use Permit 91-24 for a 27 acre center located at the southwest comer of Rochester Avenue and Foothill Boulevard in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan - APN: 227-011-10,19,21, and 26 through 28. RECOMMENDATION It is recommended that the City Council review each request and uphold the Planning Commission's action. SUMMARY The modification to Conditional Use Permit 91-24 was approved by the Planning Commission on January 25, 1995. The applicant requested the modification in order to have the Planning Commission reconsider eight of the conditions of approval that were part of City Council Resolution No. 92-240 which approved the project on September 2, 1992. The Planning Commission modified some of the conditions and upheld others. The Planning Commission staff report and minutes of the meeting are attached. ANAl ,YSIS The applicant is appealing the action of the Planning Commission regarding .the following conditions: Condition No. 8: The developer shah contribute $10,000 to the Chaffey-Garcia Barn project, which will be used to develop a museum/cultural center depicting and exhibiting the agricultural heritage of the area. The City Council may, upon the input of the Historic Preservation Commission, allocate funds to another similar type of preservation project CITY COUNCIL STAFF REPORT APPEAL OF MOD. TO CUP 91-24 - MASI February 15, 1995 Page 2 including, but not necessarily limited to, the Historic Preservation Site and Land-Banking Fund, depending upon the timing of the compliance with this mitigation. This contribution shall be provided prior to the issuance of building permits of any phase of the Masi Commerce Center. Planning Commission Action: The Planning Commission upheld the final action of the City Council and did not approve the modification of this condition as requested by the applicant. It should be noted that the monetary contribution was discussed on two different occasions by the Historic Preservation Commission (September 5, 1991, and August 6, 1992) and on two separate occasions by the City Council (September 18, 1991, and August 19, 1992). The minutes from the City Council meeting of August 19, 1992, clearly indicate that the monetary contribution is to be applied to the Chaffey-Garcia Barn project or the Historic Land-Banking Fund. Applicant's Appeal: The applicant requests that this requirement be waived since they believe the historic Vintner's Walk goes far beyond what was required by the Historic Preservation Commission. They plan to use the money for another piece of artwork that will compliment the Vintner's statue. Staff Recommendation: Staff recommends that the City Council uphold the Planning Commission's action. This would not only be consistent with the City Council's past actions and the past actions of the Historic Preservation Commission, but consistent with the condition placed on and met by the Foothill Marketplace project as well. Condition No. 9: Landscaping along the entirety of Masi Drive from the sidewalk out to the curb face shall be completed prior to occupancy of the last building for Phase I. Planning Commission Action: The Planning Commission upheld the final action of the City Council and did not approve the modification of this condition as requested by the applicant. Applicant's Appeal: The applicant requests that along the south side of Sebastian Way, south of Building 10, that landscaping be provided only after the buildings are constructed. Staff Recommendation: Staff recommends that the City Council uphold the Planning Commission's action. This condition is consistent with conditions which have been placed on Terra Vista Town Center, Term Vista Town Square, Foothill Marketplace, and the Bixby Business Park. The condition is also necessary to ensure a complete and attractive streetscape for the public road which bisects the project. Condition No. 15: Unless the applicant submits an alternate design for the P!aning Commission's review and approval, there shall be provision for the following design features in the trash enclosure to the satisfaction of the City Planner: CITY COUNCIL STAFF REPORT APPEAL OF MOD. TO CUP 91-24 - MASI February 15, 1995 Page 3 a) b) c) d) e) g) Architecturally integrated into the design of the center. Separate pedestrian access that does not require opening the main doors, to include a self-closing pedestrian door. Large enough to accommodate two trash bins. Roll up doors. Trash bins with counter-weighted lids. Architecturally treated overhead shade trellis. Chain link screen on top to prevent trash from blowing out of enclosures and designed to be hidden from view. Planning Commission Action: The Planning Commission modified the original condition to give the applicant the flexibility to design their own trash enclosure detail, since they were opposed to the current design guideline which is consistently applied to all commercial projects. Applicant's Appeal: The applicant requests that items b, d, e, f, and g be eliminated. They are willing, however, to utilize the trellis on the retail component of the project. Staff Recommendation: Staff recommends that the City Council uphold the Planning Commission's action. The reworded condition provides the applicant with the flexibility to develop their own standard for trash enclosures. The minutes of the Planning Commission meeting reflect the willingness of the Commission to review any concept that the applicant wishes to propose. Condition No. 20: A Uniform Sign Program shall be reviewed and approved by the City Planner prior to the issuance of building permits. Planning Commission Action: The Planning Commission upheld the final action of the City Council and did not approve the modification of this condition as requested by the applicant. Applicant's Appeal: The applicant requests that the Uniform Sign Program be reviewed and approved by the City Planner prior to certificate of occupancy for any building. Staff Recommendation: Staff recommends that the City Council uphold the Planning Commission's action. The requirement of approval of a Uniform Sign Program prior to issuance of building permits is consistent with every project which has been approved within the City. There is no justification or precedent to allow the approval of a Uniform Sign Program to be postponed until occupancy in this isolated case. CORRESPONDENCE This item has been advertised as a public hearing in the Inland Valley Dally Bulletin newspaper, the property has been posted, and notices were sent to the adjacent property owners within 300 feet of the project site. CITY COUNCIL STAFF REPORT APPEAL OF MOD. TO CUP 91-24 - MASI February 15, 1995 Page 4 CONCLUSION All of the requirements which the applicant is appealing are consistent with the City's policy and past practices and conditions placed on similar projects within the City. The City Council is requested to hold a public hearing and provide staff and the applicant with appropriate direction. City Planner BB:BL/jfs Attachments: Exhibit "A" - Applicant's Letter of Appeal Exhibit "B" - Planning Commission Minutes for January 25, 1995 Exhibit "C" - Planning Commission Staff Report for January 25, 1995 Exhibit "D" - Planning Commission Resolution of Approval 95-08 Resolution of Approval upholding Planning Commission Action Jack Masi Masi Commerce Center Partners 5416 Electric Avenue San Bernardino, Ca. 92407 (909) 882-4592 January 26, 1995 Debbie Adams, City Clerk City of Rancho Cucamonga 10500 Civic center Drive Rancho Cucamonga, Ca. 91729 Re: Appeal of City Planning Commission Ruling - Modification to Conditional Use Permit 91-24 Dear Ms. Adams: On January 25, 1995, the Planning Commission reviewed our request for the modifications of certain conditions of CUP 91-24. Modifications to items 8, 9 and 20 of the conditions were denied. Modification to item 15 was denied in the form proposed by the applicant. The relevant portions of each of these conditions appear below (items 8, 9, 20 and 15) along with the applicant's requested modifications. We formally appeal the decision of the Planning Commission in regard to these items and request ,.that the City Council grant us the modifications to these conditions as proposed by the applicant below. Specifically: Item 8: The developer shall contribute $10,000 to the Chaffey- Garcia House barn project ..... This contribution shall be provided prior to the issuance of building permits of any phase of the Masi Plaza Center. Request: We want this condition waived due to the fact that the historic Vintner's Walkway goes far beyond what was required by the Historic Preservation Commission. We will use the money for another piece of artwork that will compliment the vintner's statue. Item 9: Landscaping along the entirety of Masi Drive f.rom the sidewalk out to the curb face shall be completed prior to occupancy of the last building of phase I'. Request: Landscaping along the south side of Masi Drive, starting from below building 10, shall be provided only when the buildings south of Masi Drive are constructed. City Clerk/Masi Commerce Cen~er Partners Appeal of Planning Commission Decision of January 25, 1995 - Modification to Conditional Use Permit 91-24 January 26, 1995 Page 2 Item 15: Trash Enclosures b) d) e) f) g) Separate pedestrian access that does not require opening the main doors, to include self-closing pedestrian door. Roll-up doors. Trash bins with counter-weighted lids. Architecturally treated overhead shade trellis. Chain link screen on top to prevent trash from blowing out of enclosure and designed to be hidden from view. Request: Eliminate b, d, e, f and g. Replace with standard city trash enclosure requirements. We are willing, however, to provide the trellis in the retail/entertainment component of the project (that part of the project bounded by Masi Drive, Rochester Ave. and Foothill Blvd). Item 20: A uniform sign program shall be reviewed and approved at Planning Commission workshop prior to issuance of building permits. (This was later amended on appeal to City Council stating that it must be approved by city planner, rather than at Planning Commission workshop.) Request: Uniform sign program for building signage location to be approved by City Planner prior to issuance of a certificate of occupancy for any building. It will not be required that the monument sign program be approved prior to any issuance of building permits or certificates of occupancy. If you have any questions, please call me at (909) 882r4592 or Michael Scandiffio at (818) 846-2070. Sincerely, · _. DRAFT - FOR DISCUSSION PURPOSES ONLY C. MODIFICATION TO CONDITIONAT, USE PRRMIT 91-24 - MASI P~RTN~RS - A request to amend specific conditions of approval relating to the project's development and infrastructure phasing, design review processing, waiver of $10,000 historic preservation mitigation contribution, and design of the trash enclosure for a 27 acre center located at the southwest corner of Foothill Boulevard and Rochester Avenue in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan - APN: 227-011-10, 19, 21, and 26 through 28. Chairman Barker noted that the previous Planning Com~iesion's approval of the project had been appealed to the City Council. Beverly Luttrell, Associate Planner, confirmed that certain conditions had been appealed. Chairman Barker asked if this application sought to modify any of those conditions. Ms. Luttrell responded that some of them had previously been discussed at City Council. Chairman Barker questioned if the Planning Con~nission has a right to modify conditions applied by the City Council. Brad Bullet, City Planner, stated that when the original conditional use permit was appealed to the City Council, the Council only reviewed certain conditions. He said that although the City Council took the final action, modifications to the conditional use permit would still be within the purview of the Commission. He said the applicant still has the due process right to appeal the decision to the Council. Chairman Barker felt the Commission might be overstepping its bounds by making changes to conditions which had been imposed by the City Council. He questioned if a project can just be bounced back and forth between the Planning Commission and the City Council. Ralph Hanson, Deputy City Attorney, said an applicant is entitled to request changes. He said it is assumed that most applicants want to build, so they would not continually bounce projects back and forth between the Commission and the Council. Chairman Barker asked that Ms. Luttrell indicate in the staff report which conditions had been reviewed at City Council. Ms, Luttre11 presented the staff report. She reported that Conditions No. 7, 8, and 20 had been reviewed at City Council. Mr. Buller noted that a non-construction conditional use permit for Building 25 for an indoor batting cage had been approved at the City Planner's Hearing on January 24, but noted the applicant was not in attendance. Commissioner Melcher stated he had recently noticed that Lewis had changed the color of awnings on a housing project on the east side of Millikan Avenue north of Rochester. He questioned if such a change is processed through the City. Planning Commission Minutes January 25, 1995 Mr. Buller responded that technically such changes should be approved by the City, but he had not been aware of the change mentioned by Commissioner Melcher. Commissioner Melcher noted that McDonalds had also recently repainted their building on Foothill Boulevard and he asked if that change had been approved by the City. Mr. Buller replied negatively. Co~enissioner Melcher re~rked that because the City seems to have little control after the fact, he thought it would be adequate to have the City Planner approve color locations for the canopies. Mr. Bullet stated that some of the Commissioners may recall instances in the recent past where the City required repainting back to originally approved colors. He said colors and materials approved for a shopping center stay with the center unless a request to modify is processed. He observed that Kragen Auto, Unocal Gas, and Stop and Go are three projects that were repainted without approval and were required to either request a modification or rapsine the building consistent with the colors approved for their respective shopping centers. Commissioner McNiel stated he was offended by some of the requests made by the applicant. He said the Commission and staff have gone to great lengths to process the application and satisfy the applicant through many changes, none of which have been coordinated with one another. With respect to colors, he felt that the Planning C~mmnission has been criticized in the past regarding colors and he did not feel that staff should have to take that heat. He thought the colors should be approved by the Cumnission on a consent calendar basis. He said he did not doubt staff's capabilities or tastes, he merely wanted to shield staff from criticism. Chairman Barker asked if the wording that staff recommended regarding Condition 7 is consistent with the intent of what City Council approved. Mr. Bullet felt that was a judgemane call. He thought it was the intent of the Council that the improvements be done in a reasonable time in a reasonable fashion and he agreed that the applicant had a valid concern regarding potential vandalism of art items placed there prior to active buildings. Commissioner Lumpp thought the Commission had recently discussed deleting the requirement for a self-closing pedestrian door on trash enclosures. He said it was his understanding that staff would review trash enclosure design criteria when time permits. He commented that Condition 9 was written long before that discussion, but he suggested that it be changed. Chairman Barker felt the Commission had agreed that trash enclosure designs should be reviewed, but he did not think agreement had been reached. Commissioner Melcher recalled that in the past, building pads being held in abeyance for future development were landscaped for aesthetic reasons as well as erosion and dust control. Mr. Buller responded that was correct and noted that landscaping has been required on some pads which are not within the mandatory dust control area. Chairman Barker also recalled that there had been centers where interim pad landscaping was required because it was anticipated that pads would not be used Planning Commission ~inutes January 25, 1995 for a number of years and it was felt that allowing those pads to remain unlandscaped would detract from the area. He opened the public hearing. John De Frenza, project architect, 20301 S.W. Birch St., Suite 101, Newport Beach, agreed with staff's reco~ended changes to Condition 2. He said they had no objection to staff's obtaining input from the Commissioners regarding the colors. He said they were only interested in expediting the process. He supported staff's recommended changes to Condition 7 requiring submission of final detail plans for the public art be prior to occupancy for either Building 5 or 6 and installation of the Vintner'e Walk prior to release of occupancy for either Building 5 or 6. With regards to Condition 8, Mr. De Frenza said he is philosophically opposed to spending money to assist a separate parcel and he thought the money should be spent toward historic preservation on site. He said the money is requested to mitigate demolishing a building that was located in the right of way and would have had to have been torn down anyway. Michael Scadiffio, 1510 Riverside Drive, Burbank, stated that any mitigation fees that go off site are bad for project financing, whereas money spent on site can be capitalized into the project. Me said they would like to spend the $10,000 on additional sculpture on site. Mr. De Frenza showed a layout of the area in which they would like to delay landscaping along the south side of Sebastian Way. Me said the ice rink and Buildings 25 and 26 are to be constructed in that area and they were requesting that they not be required to put in the landscaping until the buildings are constructed because they felt the landscaping would become damaged during building construction. He thought the end results of the Commission's desire to soften and create a more attractive appearance for trash enclosures within centers has gone beyond the intended solution. He requested that they not be required to apply the overhead trellis where the trash enclosure is in the rear portions of the site. Chairman Barker noted that the Quakes Stadium is located south of the project, and he asked if ballpark patrons would be looking at those enclosures. Mr. De Frenza said patrons would not be able to see the enclosures. C~mnissioner McNiel said the trash enclosures would be in parking space between the buildings, visible from Masi Drive. Mr. Scandiffio stated the trash enclosures with the roll-up doors are not practical. Mr. De Frenza said that the chain link screen on top of the structure to prevent trash from blowing out is not necessary because all of the commercial trash bins in the City have counter-weighted lids; therefore, trash would not blow out. He said that in order to place the chain link screen on top of the walls, the walls and chain link must be 8 feet high to permit opening the lids on the trash bins. He thought the intent of the Commission to minimize and soften the trash enclosures within the complex has been countered by the request to place the overhead screen. He said there has been some discussion by the Commission regarding the separate pedestrian access. He felt the separate pedestrian access had been requested because roll-up doors are required. He thought the roll-up doors were requested as a result of the struc=ure's being so tall and the desire to be sure that gates are not left open. He suggested that a proper gate would be hinged so that it would self-close. He thought that roll-up doors receive more damage than a gate and a metal gate with horizontal, beveled louvers would hold up well. He expressed concern that the roll-up doors will be left open, Planning Commission Minutes January 25, 1995 someone will live within the pedestrian areas, or someone will enter the pedestrian access area and light a fire which would ignite the wood trellis on top. He questioned if the design would no= be a habitable structure because it wouldbe completely enclosed and have a separate "mandoor." Mr. De Frenza stated they had requested modification to Condition 16 because they were concerned that light bollerda or potted plants may be indiscriminately required. He said they felt they could work with staff but they wanted to make sure the condition is not intended to ask for every-increasing quantities of such items. Chairman Barker asked if they would prefer to go to the Commission for approval or work with the City Planner. Mr. De Frenza said they felt comfortable working with staff but they were Just concerned with the number of fixtures. Chairman Barker suggested they look at other projects within the City. Mr. De Frenza said they intend to follow suit with those design directions. Mr. Scandiffio said they were concerned with the requirement to obtain approval for the uniform sign program prior to the Assdance of building permits. He said they had budgeted to prepare the uniform sign program with the financing they are now obtaining and several of the tenants will soon be ready to pull building permits. He stated the sign program is complicated because of the mixed use nature of the projec~c and requiring that the program be approved prior to pulling building permits may delay the project. Camnissioner Melcher thought that most sign companies will write a uniform sign program at virtually no cost to the applicant. Mr. Scandiffio stated they feel the sign program will be referred up to the Planning Congnission as the theater and ice/roller rink propose innovative, creative signs. He said they are concerned with moving forward with Jack in the Box. Chairman Barker noted that the sign program issue had previously been appealed to the City Council. Mr. Scandiffio responded they had previously appealed the requirement to have the Planning Commission approve the sign program and the City Council had determined that the City Planner could approve the progrim. He said they are now asking that they be permitted to pull building permits prior to approval of the program. He felt that because of the graphic, innovative signs they will be proposing, there may be elements of the proposed sign program that the City Planner needs additional time to analyze or discuss with the Coazaission. He said they only recently acquired the unique tenants and that was why they had not finished their sign program. Chairman McNlel asked if they are requesting monument signs. Mr. Scandiffio said monument signs will be pan of the overall package. Mr. De Frenza said they were asking that the sign program be tied to cez~cificate of occupancy and that is necessary so they can pull permits for Jack in the Box. Mr. Scandiffio said they were requesting that the condition be changed to require approval prior to cer~ificate of occupancy for the first building. Planning Commission Minutes 9 January 25, 1995 Commissioner Melcher noted that on another commercial site, the developer told the Commission it must consent to modifications to an approved sign program so that the developer could live up to his lease commitments to his tenants. He asked if signs are addressed in =heir leases with their tenants. Mr. Scandiffio said the theater and the rink people want to be involved in the process of the sign program approval. He said they intend to submit a draft of the proposed program within a couple of weeks. Commissioner Melcher asked if Jack in the Box knows it will be subject to a uniform sign program. Mr. Scandiffio responded affirmatively. Mr. De Frenza said the signs on Jack in the Box are within conformance with the guidelines of the City. He said they realize that a uniform sign program must be approved prior to their permit being pulled and they would like to allow Jack in the Box to pull their permit and start their 10 weeks of construction. Chairman Barker asked if Jack in the Box is willing to start construction without knowing what type of sign will be permitted. Mr. De Frenza said they need to discuss that with Jack in the Box. Mr. Scandiffio said the matter is covered in their lease agreement and Jack in the Box has the right to cancel their lease if the developer does not perform. He said there are three or four other first phase buildings which are also affected. Mr. De Frenza said they supported staff's suggested revisions to Condition 18. The Planning Commission recessed from 8:56 p.m. to 9:04 p.m. Hearing no fur=her testimony, Chairman Barker closed the public hearing. It was the consensus of the Commission 3-1-1 (McNiel no, Tolstoy absent) to modify Condition 2 to allow approval of color locations for the canopies by the City Planner. Chairman Barker suggested that staff may wish to run the colors by Commissioner McNiel. Mr. Buller said that if he had a concern, he would forward the matter up or the applicant could appeal. It was the understanding of the Commission that the proposed modifications to Condition 7 were in keeping with the intent of the City Councll] and with that understanding, =he Ccm~niseion concurred 4-0-1 (Tolstoy absent} ~ha~ ~he proposed modifications were satisfactory. Co6~nissioner Melcher asked for an update on the status of the task force that was working on the historical mitigation fee plan. Mr. Buller responded that the ma~ter had been placed in abeyance because of the change in City Council membership and a lack of staff resources. He stated that Principal Planner Larry Henderson had been working on the matter the past few weeks and he would be reporting back to the Commission in the near future. Planning Commission Minutes 10 January 25, 1995 Commissioner Melcher said that for the past 2-1/2 years he has wanted to formulate a policy on historical mitigation. Re stated that he and Commissioner Tolstoy had been workedwithMayor Pro Tem Gutierrez on the question, and he felt there had been little interest on the part of the Council. Re felt it hard to go along with an arbitrary sum of money. He noted that when the condition was adopted in Sel~cember of 1992, the Council included three people who are no longer on the City Council. He suggested that the Commission refer the matter up to the Council. Commissioner McNiel commented that the procedure is legal in California, there are precedents on the issue, and the amount had already been reduced for this applicant from $25,000 down to $10,000. He saw no reason to change the condition. Commissioner Lumpp also felt the condition should not be changed and stated he did not feel comfortable changing a condition which had been set by the City Council, even if it was a previous City Council. Chairman Barker agreed. He noted that the condition had already been appealed once and said he was not comfortable with the applicant's appealing an appeal. Mr. Buller noted that the current condition provides that the Historic Preservation Commission may recommend allocation of the $10,000 for another historic project. He said the applicant did not want to merely pass by the Commission in taking the matter back to the City Council. He asked if the Commission supported the allocation of those funds for a project other than the Chaffey-Garcia Barn. Chairman Barker felt the Commission did not have any input specifically relating to another type of preservation project. Regarding Condition 9, Camaissioner Melcher noted that another developer had been permitted to create approximately 1/3 mile of on-site street without landscaping on either side, trusting that the area will be landscaped as the project develops. He stated this is a public street and the requirement could not be enforced if the proper~y were not under one ownership. He said the Commission has been looking for an integrated design along the 600-foot frontage of the building and he was sympathetic to the applicant's request to defer the landscaping. Commissioner McNiel stated that landscaping is complimentary to the buildings, but an integral part of the streetscape. He said the street will be constructed and generally when streets are constructed, some landscaping is installed, even if it is an interim modified plan. He commented turf will be required on the unfinished lo~s and he felt that some form of landscaping should go in as barren ground would be unacceptable. Chairman Barker asked what the applicant was requesting. Mr. Buller stated that the sidewalk is to be installed but the applicant is requesting that the landscaping between the sidewalk and the street be deferred until the buildings are constructed. Chairman Barker reopened the public hearing. Mr. De Frenza stated they were proposing that the landscaping be deferred because it will include small trees which would be destroyed during construction, as Planning Commission Minutes 11 Januaz7 25, 1995 would the irrigation supporting the trees. He therefore requested that they be permitted to landscape in front of each building as it is constructed. Chairman Barker questioned if that meant that there will be small bits of landscaping with dirt in between. Mr, De Frenza felt the area could be hydroseeded. Mr. Scandiffio stated that most likely all three buildings would go in at the same time. Chairman Barker said he hoped that would be the case, but there are no guarantees. Coemissioner Lumpp felt the condition should stand as As and if the streets are going to be open to the public, they should have landscaping even if there are no buildings. Commissioner Melcher felt the City does not hold itself or other developers to the standard of requiring landscaping just because a street is open to the public. He remarked that Millikan between Foothill and Arrow Route and the Lewis frontage on Foothill Boulevard are examples. He felt it is reasonable to withhold the landscaping until construction of the buildings. Chairman Barker stated he was concerned because there may be scattered buildings with nothing but dirt between the sidewalk and the street for perhaps several years. He said the area is a planned community of sort. He did not feel trees should necessarily be required until the buildings are in place. Commissioner Lumpp stated that if the sidewalk is installed, it will also possibly be damaged by construction and will have to be replaced. He felt sidewalk is more costly than the landscaping and irrigation. Chairman Barker stated that because he did not feel the buildings will all be constructed at once, he wanted some sort of landscaping. Camnissioner Melcher agreed with Mr. De Frenza that the trash enclosures do not meet the intent. He preferred the older trash enclosures built prior to the recent standards. He said the developers are now constructing shabby little structures with cheap woodwork and overhead doors. He noted that the roll-up doors are frequently left open. He said he has personally gone into a number of the trash enclosures aid has seen them used as bathrooms and rubbish dumps. He suggested that the applicant be permitted to submit a design for Planning Commission approval. Commissioner McNiel cmnted that the trash enclosures of today, although big and sometimes awkward looking, are the result of an evolutionary process based on conditions such as wind aid a desire to make them aesthetically pleasing. He agreed they may have gro~n beyond what is an attractive enclosure. He camsanted that at the office where he last worked, the trash enclosure had'self-closing doors that were rarely closed and weighted lids which were left propped open. He said the doors hung open aid large debris was thrown on the floor between the dumpstars. He said the landlord even locked the gates aid gave the tensits keys, but within a week the locks were gone. He was not sure the current policy is the right solution, but he noted it is a solution that is applicable to conditions that exist in the City. He agreed the enclosures are not attractive, but stated he did not feel the policy is a failure. He said he would be interested in seeing something better. Planning Commission Minutes 12 January 25, 1995 Commissioner Lumpp stated that the City's objective is to create a decorative treatment around the trash enclosure while providing an easy avenue for the people who deposit the trash so that the enclosure stays relatively complete during the time it is not being used by the trash company. He felt the pedestrian access should not have a self-closing gate because it creates more problems. He questioned the wisdom of requiring a roll-up door and thought the Commission should reevaluate the intent of the enclosures. He felt something could be designed which be workable but less cumbersome. He suggested allowing the applicant to present a reasonable alternative. Mr. De Frenza stated he would accept the challenge of developing a new trash enclosure design. Chairman Barker felt the option was that the applicant could design trash enclosures which meet Condition 15 or propose an alternate design. Mr. De Frenza stated they would be willing to meet the standards of what is at the front counter of the Planning Division of what a standard trash enclosure is required to be. Mr. Bullet stated Mr. De Frenza was referring to a standard trash enclosure which is permitted in industrial areas, not in c~m.ercial areas. He said it is simply three walls and a solid steel gate. Mr. De Frenza stated that the handout does not specify that it is for industrial use only. Mr. Buller stated that all ccn~ercial developments within the last three to four years have been conditioned to build trash enclosures per what is stated An Condition 15. The Commission provided direction that 'the following design features are necessary for any alternative design which may be proposed. a) Architecturally integrated into the design of the center. b) Separate pedestrian access that does not require opening the main doors, with walls to screen the trash enclosure. c) Large enough to accoem~date two trash bins. d) Steel, industrial strength, self-closing, view-obscuring doors. e} Trash bins with counter-weighted lids. f) A design that ensures debris is controlled. It was the consensus of the Cosmission 4-0-1 (Tolstoy absent) that Condition 15 be changed to provide that the applicant may design an enclosure incorporating the design features listed in Condition 15 to the satisfaction of the City Planner or, as an alternative, subnit a design for Plannl~4 C~mnission review and approval. It was the consensus of the Coe~lssion 4-0-1 (Tolstoy absent) that Condition 16 not be changed. Regarding Condition 20, Co~issioner Lumpp felt the sign program should be required prior to issuance of building permits and noted that the applicant has the right to request modifications to a sign progrin. Chairman Barker agreed. He noted that all other applicants have the same timing imposed. Planning Commission Minutes 13 Januar~ 25, 1995 Commissioners Melcher and McNiel agreed the condition should remain as written. Cummissioner McNiel suggested that monument signs be included in the application so they would not have to reprocess. Regarding Condition 18, Commissioner Lumpp felt the language should be changed to indicate that the temporary seeding and irrigation is for aesthetic reasons as well as for erosion control. Ccxmnissioner Melcher also thought the condition should be changed to require that the temporary landscaping be maintained in good condition. He said the City has had uneven experiences with other centers. Mr, Scandiffio asked if it is appropriate for the Commission to add to a previous condition. Chairman Barker stated the proposal was to change the verbiage to clarify that the interim landscaping is for aesthetic as well as erosion control purposes and to be sure that the landscaping is maintained, so that it is not planted and then merely allowed to die. He commented that maintaining the landscaping would also assist in leasing or selling the property. Mr. Buller said that when an item has been opened, any condition can be modified. He noted that an earlier project approval on this site contains a condition that if the buildings facing Sebastian Way are built prior to the buildings facing Foothill Boulevard, then the pads along Foothill Boulevard shall be landscaped not only with groundcover, but also with shrubs and trees in order to screen the backs of the buildings along Sebastian Way. Mr. Scandiffio stated the purpose of the irrigation and hydraseeding was for dust control. He felt that if they have to provide landscaping for .aesthetic reasons on the big superpads in the back, the cost would be prohibitive. Ccmmnissioner McNiel stated the Commission was talking about hydraseeding grass, irrigation, and mowing. Mr. Scandiffio stated there are some groundcovers which are very low and do not need mowing that would keep down the dust. He felt using that ty13e of product would cost about $40,000 to $50,000 while turf would cost about $250,000. Commissioner McNiel stated the intent is for aesthetic purposes. He gave Tetra Vista Town Center as an example of what the Commission wants. He felt the open pads may sit there for several years and they should not look like vacant, abandoned lots. Mr. Scandiffio said they would maintain lots along Foothill Boulevard a little bit better. He thought they should not have to make lots in the back of the site aesthetic, as the irrigation costs would he enormous. He said the erosion control they are now dealing with in connection with their grading is expensive. Chairman Barker asked what the developer proposes to do where the lots have already been stripped. Mr. Scandiffio said they want to temporarily seed with a thin ground cover with shallow roots which does not need mowing. He said it may not he considered highly aesthetic, but it is green and keeps the dust down. He fell aesthetic should not be a criteria. Planning Commission Minutes 14 January 25, 1995 Commissioner Melcher agreed that on major streets frontages, upgraded interim landscaping has been required but he noted that other treatments have been permitted on other large undeveloped pads, such as the back side of Tetra Vista Town Center, which is still being used as a construction yard. He noted the perimeter of the Terra Vista office park site is landscaped, but most of the parcel is unlandscaped. He suggested the Commission look at the phasing plans and perhaps require that undeveloped pads along the major street frontages of Foothill Boulevard and Rochester have a well cared for appearance once development is begun within a phase. He did no= feel the pads on the south side of Sebastian Way are that important. He felt it reasonable to require, and the applicant would want, keeping the major street frontages looking nice. He felt dust control measures could be utilized in other areas and they could be screened from view. Mr. Buller suggested that the pads north of Sebastian Way be landscaped and irrigated with a drought tolerant lawn which is maintained in good condition and the pads south of Sebastian Way be landscaped and irrigated with alternative plant materials for e~mple erosion control. He agreed that would be consistent with what has been permitted in other industrial and commercial sites. Ca~nissioner Lumpp thought the City and the developer have different definitions of aesthetic as opposed to erosion control. He felt the interim landscaping is being requested for aesthetic purposes as well as erosion control. Commissioner McNiel cited the pad adjacent to Edwards Theater noz~ch of Spires Restaurant as an example of what the City does not want and why conditions are applied. He noted that pad has erosion control because the weeds are so deep. He said conditions had not been applied to that project and the City wants to be sure that does not happen again. Chairman Barker noted that the City is not requesting a putting green. supported Mr. Buller's suggestion. He Mr. Scandiffio stated that the requirement for a lawn will kill the project. He said the hydroseeding they want to use is a ground cover that is like a tentacle on the surface, keeps the dust down, and is green from a distance. Mr. Buller said that under the original wording of the condition he would have required a drought tolerant lawn, especially for those pads facing Foothill Boulevard. Mr. Scandiffio supported the wording being left as originally etated in the resolution. He said the only pads along Foothill Boulevard are the restaurant site but they do have 20 acres north of Sebastian Way. Commissioner Lumpp suggested the condition be left to require City Planner approval and noted the developer could appeal to the Ccm~ission if things can not be worked out. Mr. Buller noted that the phasing plan seems to constantly change and timing of phases would affect the requirement. He felt he understood the Commission's desires. It was the consensus of the Commission 4-0-1 (Tolstoy absent) to make no changes to Condition 18. Motion: Moved by Melcher, seconded by McNiel to adopt the resolution approving modifications to Conditional Use Permit 91-24 with modifications to permit the Planning Commission Minutes 15 January 25, 1995 applicant to provide an alternate trash enclosure design to the satisfaction of the Planning Commission and to retain Condition 18 as originally approved. Motion carried by the following vote: AYES= COMMISSIONERS: NOES: NONE ABSENT: TOLSTOY BARKER, LUMPP, MCNIEL, MELCNER - carried Planning Coe~ission Minutes 16 January 25, 1995 CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 25, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Beverly E. Luttrell, AICP, Associate Planner MODIFICATION TO CONDITIONAl. USE PERMIT 91-24 - MASI PARTNFRS - A request to amend specific conditions of approval relating to the project's development and infrastructure phasing, design review processing, waive of $10,000 historic preservation mitigation contribution, and design of the trash enclosure for a 27 acre center located at the southwest comer of Foothill Boulevard and Rochester Avenue in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan - APN: 227-011-10, 19, 21, and 26 through 28. RACKGROUND The original Conditional Use Permit 91-24 was reviewed and approved by the Planning Commission on July 22, 1992. That Conditional Use Permit was approved with a number of conditions which were appealed to the City Council on August 19, 1992 by the applicant. The Conditional Use Permit was finally approved by the City Council on September 2, 1992. Final conditions of approval required by the City Council have been included as Exhibit "B.' ANAl ,YSIS The applicant m his proposal (See Exhibit "A") is requesting that eight of the conditions of approval noted in Resolution 92-240 (Exhibit "B") be modified. Below, staff will note the existing condition as approved in 1992 and the applicant's request and conclude with SULff'S response to each requested modification. Condition No. ~: A diagram providing color locations for the myiarleanvas canopies shall be submitted for review and approval by the Design Review Committee prior to the issuance of building permits. Applicant's Request: The applicant requests that the colon of the awnings be subject to review and approval by the City Planner, rather than the Design Review Committee, prior to the issuance of building permits. ITI~I C PLANNING COMMI:~,.,ION STAFF REPORT CUP 91-24 - MASI January 25, 1995 Page 2 Staff Response: This issue was originally discussed at the Design Review Committee meeting of May 7, 1992. The design of the canopy element was of concern to the Committee (McNiel, Kroutil) and they felt it needed to be explained graphically and at a larger scale. They expressed serious reservations about using fabric/mylar awnings in this high wind area, At the June 4, 1992, Design Review Cornmince meeting, the Committee (Chitiea, McNiel, Kroutil) required the additional review of colon of the awnings. Further details were presented to the Design Review Committee (McNiel, Chitiea, Kroutil) on June 18, 1992, and it approved the mylar/canvas canopy element in the thickest gauge available. The Committee was still concerned with the color schemes and felt that they should be carefully thought out. The Committee then simply requested that a diagram providing color locations be submitted for review and approval by the Committee. It also suggested keying the awning color to the type of use being proposed. Although previous Design Review Comminees have, on several occasions, reviewed this matter and still required that the colon be reviewed and approved by the Committee, it is staffs opinion that final approval could be deferred to the City Planner. Staff feels confident that we can work with the applicant on a final color selection that will be in keeping with the approved architecture and building colon. Staff recommends Condition No. 2 be modified as follows: 2. A diagram providing color locations for the mylar/canvas canopies shah be submitted for review and approval by the City Planner prior to issuance of building permits. Condition No. 7: A revised concept plan for the commissioned public art and the interpretire public displays shah be reviewed by the full Planning Commission. The revised concept plan shall graphically depict how the Vintner's Walk, commissioned art, and public displays wfil be developed and maintaMed and how they will faction as a whole, Final detailed plans shah be reviewed and approved by the City Planner prior to issuance of any permits, Installation of the Vintnees Walk hardscope and landscaping shah be completed concurrently with Foothill Boulevard improvements, prior to the release of occupancy of any buildings in Phase I. Installation of the Vintner*s Walk trellises, vines, interpretire panels, and public art shall be completed prior to the release of occupancy of buildings in Phase II. In the event permits have been issued and Phase H is substantially under construction prior to the occupancy of any building in Phase I, bardscape and landscaping improvemenU may be deferred to be completed prior to the relense of occupancy of any building in Phase H, Applicant's Request: The applicant requests that the last line of the first paragraph of the condition be reworded as follows: "Final detailed plans for the public art and public displays shall be reviewed by City Planner prior to issuance of certificate of occupancy for Building 71 PLANNING COMMISoION STAFFREPORT CUP 91-24 -MASI January25,1995 Page 3 5 (Old Spaghetti Factory) and Building 6 (Denny's)." Additionally they request that the second paragraph be reworded as follows: "Installation of public art and Vintner's Walk features (seatwall, plaques, public displays, and nellis) to be completed prior to issuance of certificates of occupancy for buildings 5 and 6." The applicant is concemed that these improvements will be subject to vandalism if buildings 5 and 6 are not there to provide some visual security. Staff Response: This particular condition relates to the timing of installation of public art and the Vintner's Walk along Foothill Boulevard. The statement 2(f) within the Findings of the Resolution of Approval states that: "...The timing of the installation of the Vintner's Walk bardscape and landscaping should be completed concurrently with Foothill Boulevard improvements for the safety of pedestrians, but installation of the pipe trellis, vines, interpretlye panels, and public art could be deferred to the time of later con.Tm~ction." It was clearly the intent of this condition to require bardscape and landscaping features concurrently with Foothill Boulevard street improvements and prior to release of occupancy of any buildings in Phase I. Improvements required to be constructed with Foothill Boulevard improvements would then include paving treatment on the ground plane, curbs, and landscaping. This is required for public safety reasons and is typical for all projects within the City. Therefore, staff believes that the timing of the sidewalk ground plane and landscaping should still be completed concurrently with Foothill Boulevard improvements and prior to occupancy of any building within Phase I which includes the Auto Court, Building 3 (Jack in the Box), and Building 4 (restaurant). In reviewing the minutes of the August 19, 1992, City Council meeting, it was clearly the intent of the Council at the time that the more elaborate improvements including the pipe trellis, artwork, interpretive panels, and seatwall be completed prior to release of occupancy of any buildings within Phase lI. Phase II includes Buildings 5 (Old Spaghetti Factory), 6 (Dermy's), and 7 (Commercial/Retail). The applicant is now requesting that these improvements be deferrot until certificates of occupancy ar~ issued for both Buildings 5 and 6. Staff believes it could be app. op, iate to relate installation of amenities prior to occupancy for either Building 5 or 6, whichever is constructed first. Staff recommends that Condition No. 7 be modified as follows (bold for new text, overstrike for deleted text): A revised concept plan for the commissioned public an and the interpretlye public displays shall be reviewed by the full Planning Commission. The revised concept plan shall graphically depict how the Vintner's Walk, commissioned art, and public displays will be developed and maintained and how they will function as a whole. Final detailed plans shall be reviewed and approved by the City Planner v.;or m iss,-,-gz of any l~c,,,,its prior to occupancy for either Building S or 6, whichever occurs tirst. PLANNING COMMIboiON STAFF REPORT CUP 91-24 - MASI January 25, 1995 Page 4 Installation of the Vintner's Walk hardscape and landscaping shall be completed concurrently with Foothill Boulevard impwvements, prior to the release of occupancy of any buildings in Phase I. Installation of the Vinmer's Walk trellises, vines, interpretive panels, and public art shall be completed prior to the release of occupancy of buildings in Ixhnsc II either Building 5 or 6, whichever occurs first. In the event permits have been issued and Phase II is substantially under construction prior to the occupancy of any building in Phase I, hardscape and landscaping improvements may be deferred to be completed prior to the release of occupancy of any building in Phase II. Condition No. 8: The developer shall contribute $10,000 to the Chaffey-Garcia House Barn project, whieh will be used to develop a museum/eultural center depicting and exhibiting the agrieulturnl heritage of the area. The City Council may, upon the input of the Historic Preservation Commission, allocate funds to another similar type of preservation project inehding, but not necessarily limited to, the Historic Preservation Site and Land-Banking fund, depending upon the timing of the compliance with this mitigation. This contribution shah be provided prior to the issuanee of bu~ding permits of any phase of the Masi Commerce Center. Applicant's Request: The applicant requests that this requi~ment be waived since they believe the historic Vintnet~s Walk goes far beyond what was required by the Historic Preservation Commission. They plan to use the money for another piece of artwork that will compliment the Vintner's statue. Staff Response: This particular condition was originally placed on this project by the Historic Preservation Commission on September 5, 1991, when the La Fourcade Store was reviewed as a potential Historic Point of Interest. This measmz was intended to partially mitigate the demolition of the La Fourcade Store. The condition at that time reqttired a $25,000 contribution to the Chaffey Gar~ia House Barn project. At the September 18, 1991, City Council hearing on the desi~rn,on. the applicanfs representative. Mike Scandiffio. requested that the monetary contribution be reduced to $10,000, and that they be allowed to spend the money on site, rather than on the barn project. The City Council, after much discussion, reduced the monetary contribution from I;25,000 to 1; 10,000 but still required that it be spent on the Chaffey Garcia Barn pwject. An element of flexibility was added to the resolution that would permit the City Council discl~'tion to allocate these funds to another similar type of preservation project, including but not necessarily limited to, the Historic PreserVation Site and Land-Banking Fund, should they receive input from the Historic Preservation Commission. This Historic Preservation Commission condition, as modified by the City Council on September 1 g, 1991, was again appealed to the City Council on August 19, 1992. At that time, the applicant requested that the 1;10,000 contribution be utilized for public an within their own PLANNING COMMIS~,~ON STAFF REPORT CUP 91-24 - MASI January 25, 1995 Page 5 site. At that hearing, then Mayor Stout indicated that they had already reduced the mount and it was the retention of the Council when the reduction was made to allow the developer to put the $15,000 difference into their project. He felt that their request was already granted when Council reviewed it previously. The City Council upheld the condition at the final reading of the Resolution on September 2, 1992. In addition to this, it should be noted that a similar condition was placed on the Foothill Marketplace project. However, the monetary contribution required of that particular project was $100,000, which has already been paid by that developer. Considering the long history regarding this condition and the fact that the applicant has already attempted to appeal it to the City Council on more than one occasion, staff does not support this requested modification. Staff recommends that Condition No. 8 not be modified. Condition No. 9: Landscaping along the entirety of Masi Drive from the sidewalk out to the curb face shall be completed prior to occupancy of the last building for Phase 1. Applicant's Request: The applicant requests that the condition be r~worded as follows: "Landscaping along the south side of Sebastian Way, starting from below Building 10, shall be provided only when the buildings south of Sebastian Way are constructed." Staff Response: The Engineering Division has required that all strut improvements along Masi Drive/Sebastian Way be completed with Phase I. Phase I includes not only the Auto Court. but also Building 3 (Jack in the Box) and Building 4 (Restaurant) as well. In order to have a complete and atu'active streetscape along the sn'eet which bisects the project site, the Planning Comnfission felt it appropriate to require landscaping in conjunction with these street improvements. This condition is consistent with conditions which have been placed on Tetra Vista Town Center, Tetra Vim Town Center Squa~, Foothill Marketplace, and Bixby Business Park. Staff recommends that Condition No. 9 not be modified. Condition No. 15: There shah be provbion for the following design features in the trash enclosure to the satisfaction of the City Planner: a) Architecturally integrated into the design of the center. b) Separate pedestrian access that does not require opening the main doors, to include self- dosing pedestrian door. c) Large enough to accommodate two trash bins. d) Roll-up doors. e) Trash bins with counter-weighted Hds. f} Architecturally treated overhead shade trellis. g) Chain link screen on top to prevent trash from blowing out of enclosure and designed to be hidden from view. PLANNING COMMISalON STAFF REPORT CUP 91-24 - MASI January 25, 1995 Page 6 Applicant's Request: The applicant requests that b, d, e, f, and g of this condition be eliminated. They would like it replaced with the standard city, trash enclosure requirement. They are willing to provide the trellis in the retail/entertainment component of the project (that portion of the project bounded by Masi Drive, Rochester Ave. and Foothill BIrd.) Staff Response: This requirement for upgrading of trash enclosures is in addition to the standard drawing for trash enclosures which the Planning Commission utilizes. It is a standard which is applied consistently to all commercial projects throughout the City. It is staffs opinion that there is no justification to eliminate it in this isolated case. Staff recommends that condition No. 15 not be modified. Condition No. 16: A uniform hardscape and street furniture treatment, including trash receptacles, free-standing potted plants, bike racks, light bo!iards, benches, etc., shall be utilized for the project and shall be designed to be compatible with the architectural style. Detailed designs shah be submitted for City Planner review and approval prior to issuance of building permits. Applicsnt's Request: The applicant requests the elimination of the bike racks, the freestanding potted plants, and the light bollards. Staff Response: This condition was placed on the project in order to create a uniform and aesthetically cohesive design scheme throughout the project. A similar condition was placed on the Foothill Marketplace, Tetra Vista Village, Tetra Vista Town Center, and Terra Vista Town Center Square, as well as all industrial parks approved within the City. There is no justification or precedent to delete or modify the condition in this isolated case. Staff recommends that Condition No. 16 not be modified. Condition No. :~0: A Uniform Sign Program shah be reviewed and approved by the City Planner prior to the issuance of buffdang permits. Applicant's Request: The applicant requests that the Uniform Sign Program be reviewed and approved by the City Planner prior to issuance of a certificate of occupancy for any building. They also request that it not be required that the monument sign program be approved prior to any issuance of building permits or certificates of occupancy. Staff Response: This condition was originally wrinen so that the Planning Commission would review the sign program prior to issuance of building permits. The condition was appealed to the City Council on August 19, 1992. At that heating, the Council felt that it would be appropriate for approval of the Sign Program to rest with the City Planner. To defer PLANNING COMMISSION STAFF REPORT CUP 91-24 - MASI January, 25, 1995 Page 7 review and approval of a Uniform Sign Program to the time of occupancy potentially raises a conflict and timing issue ifa tenant is ready to occupy a space and the applicant is still in the process of obtaining approval of the overall sign program. This condition is consistently applied to all projects and is always tied to the issuance of building permits. There is no justification or precedent to defer this approval to such a late date, when typically tenants are extremely anxious to receive occupancy and begin business operations. Typically, monument signage is included within a Uniform Sign Program application. If the applicant does not wish to receive approval of any monument signs, then staff has no problem in deleting monument signs from the Uniform Sign Program. However, the applicant must be cautioned that at the point in time when they desire any type of monument signage, an amendment to the Uniform Sign Program must be filed, reviewed, and approved prior to erection of any monumentation. The applicant should also be aware that the fee for amendment to an approved Uniform Sign Program is currently $590. Staff recommends that Condition No. 20 not be modified. Condition No, 18: All future building pads shah be temporarily seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for City Planner approval prior to issuance of building permits. Applicant's Request: The applicant requests that the second sentence '0f this condition be deleted. They feel that review and approval by the Building and Safety Division is adequate. Staff Response: Planning Division staff is comfortable with allowing the Building and Safety Division to be responsible for review of the erosion control plan. Staff recommends that Condition No. 18 be modified as follows: 18. All future building pads shall be temporarily seeded and irrigated for erosion control. Erosion control plans shall be reviewed and approved by the Building and Safety division prior to issuance of building permits. FACTS FOR FINDING: In order for the Planning Commission to approve the modifications to the above noted conditions, the following facts for findings must be made: A, The proposed use is in accord with the General Plan, the objectives of the Development Code and the Industrial Area Specific Plan, and the purposes of the district in which the site is located. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. PLANNING COMMISotON STAFFREPORT CUP 91-24-MASI January25,1995 Page 8 C, The proposed use complies with each of the applicable provisions of the Development Code and Industrial Area Specific Plan. COPd~FSPONDENCE: This item has been advertised as a public hearing in the I~land Valley Daily Bulletin newspaper, the project has been posted, and notices were sent to all property owner~ withi~ 300 feet of the project site. R FCOMMFNDATION: Staff recommends that the Planning Commission approve the modifications to Conditional Use Permit 91-24 through adoption of the attached Resolution of Approval. Respectfully submitted, City Planner BB:BL:gs Attachments: Exhibit "A" - Letter fxom Applicant Exhibit "B" - City Council Resolution 92-240 Exhibit "C" - Minutes of August 19, 1992, City Council meeting Resolution of Approval TO: BRAD BULLER, CITY PLANNER PLANNING DIVISION FROM: JACK MASI MASI COMMERCE CENTER PARTNERS CUP 94-26 APPLICATION DECEMBER 29, 1994 RE: DATE: 91994 I% Dear Brad: Please find attached the request for modifications of conditions of CUP 91-24 and the CUP request for the Indoor Batting Cages. The request for modification of conditions has been revised and supersedes the letter request dated December 21-, 1994. We would like to process these items as part of CUP 94-26. I understand that the Planning Commission hearing for CUP 94-26 will be rescheduled to January 25, 1995 as per the Planning Commission action taken on this application at the Planning Commission workshop meeting last night. I understand that these additional items can be voted on at that meeting as well. Please call me if there is any problem or misunderstanding in regard to what I have stated above. My telephone number is (909) SS2-4592. Thank you for your continued help in expediting this project. Sincerely, TO: From: Brad Bullet, City Planner Planning Department City of Rancho Cucamonga Jack Masi Masi Commerce Center Partners Date: Re: Dear Brad: December 28, 1994 (Revised) Modifications to Certain Conditions - CUP 91-24 As part of our current CUP application (94-26), we request that certain modifications to CUP91-24, Planning Division Requirements, be made. Specifically: Item 2: A diagram providing color locations for the mylar/canvas canopies shall be submitted for review and approval by the design review committee prior to issuance of building permits. Item 7: Request: Waive this requirement. Canvas colors to be reviewed by City Planner prior to issuance of building permit. Vintner's Walk - Last Two Lines: Final detailed plans shall be reviewed and approved by the City Planner prior to the issuance of any permits. Installation of the public ar~andthe Vintner's walkway shall be completed concurrently with Foothill Boulevard improvements. Request: Final detailed plans for ~he public an and public displays shall be+ reviewed by City Planner prior to issuance of cer~:ificate of occupancy for buildings 5 and 6. Installation of public ar~ and Vin~ner's Walkway features (seatwall, vintner plaques, public displays and trellis) ~o be completed prior =o issuance of cer~ifica~es of occupancy for buildings 5 and 6. (These improvements will besubJec~ ~o vandalism if buildings 5 and 6 are not there ~o provide some visual security.) Letter to Brad Buller - Modifications to Certain Conditions (CUP 91-24) - December 28, 1994 Page 2 Item 8: The developer shall contribute $10,000 to the Chaffey- Garcia House barn project ..... This contribution shall be provided prior to the issuance of building permits of any phase of the Masi Plaza Center. Item 9: Request: We want this condition waived due to the fact that the historic Vintnar,s Walkway goes far beyond what was required by the Historic Preservation Commission. We will use the money for another piece of artwork that will compliment the vintner's statue. Landscaping along the entirety of Masi Drive from the sidewalk out to the curb face shall be completed prior to occupancy of the last building of phase I. Request: Landscaping along the southside of Masi Drive, staz~cing from below building 10, shall be provided only when the buildings south of Masi Drive are constructed. Item 15: Trash Enclosures b) d) f) g) Separate pedestrian access that does not require opening the main doors, to include self-closing pedestrian door. '- Roll-up doors. Trash bins with counter-weighted lids. Architecturally treated overhead shade trellis. Chain link screen on top to prevent trash from blowing out of enclosure and designed to be hidden from view. Item 16: Request: Eliminate b, d, e, f and g. Replace with standard city trash enclosure requirements. We are willing, however, to provide the trellis in ~he retail/enter~ainment component of the project (that par~ of ~he project bounded by Masi Drive, Rochester Ave. and Foothill Blvd). A uniform herdscape and street furniture treatment, including trash receptacles, free-standing potted plants, bike racks, light bollards, benches, etc., shall be designed to be compatible with the architectural style. Detailed designs shall be submitted for City Planner review and approval prior to issuance of building permits, Request: Eliminate requirement for bike racks, freestanding potted plants and light bollards. C\\ Letter to Brad Buller - Modifications to Certain Conditions (CUP 91-24) - December 28, 1994 Page 3 Item 20: A uniform sign program shall be reviewed and approved at Planning Commission workshop prior to issuance of building permits. (This was later amended on appeal to City Council stating that it must be approved by city planner, rather than at Planning Commission workshop.) Request: Uniform sign program for building signage location to be approved by City Planner prior to issuance of a certificate of occupancy for any building. It will not be required that the monument sign program be approved prior to any issuance of building permits or certificates of occupancy. Item 18: All future building pads shall be temporarily seeded and irrigated for erosion control. Detailed plans shall ~e included in the landscape and irrigation plane to be submitted for City Planner approval prior to issuance of building permits. Request: Delete second line, "Detailed plans shall be submitted for City Planner approval ~i;~'&; issuance of building permits." We feel ~hat ~he Building and Safety Division review is sufficient. If you have any questions, please call me at (909) 882-4592. Sincerely, Masi Commerce Center Partners 81 ~C~ I~D. 92-240 A RESOI/TT/C~ OF ~E CITY (ITa~IL OF ~HE C1TY OF ~ ~, CAT.TmCS~/A, ~ CC~DIT/a~AL USE P~MET NO. 91-24 PCR ~E DEVaIE~M~ OF 32 ~3Trn~GS TO]~T.TM~ APPRO~ 268,907 SQ~RRE FEET AND CCMPRIS~D OF A MIX OF IND~S~AL, MULTI~, OFF/a, AND RES~a/R~NT t~ES IN ~ME ~ PARK DISTRICT (SUBAREA 7) OF ~ME CCSNBR OF FOfT~r~. BIEEVA~)~ EX~4RqI~AV~NaE, AND MAKING F/NDINGS IN ~ ~}~aDF - APN: 229-011-10, 19, 21, 26, 27, AND 28. (i) M~i Oa~_z~e Center Partners has filed an applicati~l fur the issuance of Ccrditic~al Use Permit No. 91-24 as described in the title of this su~itted in cmjuncti~ with a Tentative Parcel Map (13845) to subdivide the (ii) On the 22rid day of July 1992, the Plannir~ Ck ..... i-~im of the City of Rand~ O~,,a~3~ currkEtad a duly noticed public hearirq c~ the applicatic~ and concluded said hearirq m that date. At the .c~Elusim of the public hearing, the Planning O ..... i-~im adopted their resolUtic~ No. 92-99, (iii) On JUly 31, 1992, the applicant ~ly ~led the approval of said Resolutic~ No. 92-99 based m cc~flicts with the fo~ ccrrlitic~s of (a) Planni~ ~n~a_~tim No. 7: Final aRcoval of Vintner's Walk a~a T~m~3 of Installation; ar~ (c) P~nnin~ Credition No. 20: Pr~r~; a~ Approval of t~{fcrm Sign (d) ~in~ Creditira No. 2(b) a.~ 2(c): :Fcx:~:,h,~ll (e) :!~g'~ir~ n~,roven~.rms; and Creditira No. 2 (d): (f) E~gin~rin~ Omx~itim No. 9: Deleti~l of Traffic Signal Resolution No. 92-240 City Council of the City of Rancho O~...~3a as follo~a: 1. ~ds Council hereby specifica//y fir~-~ that all of the facts set fcrth in the Recitals, Part A, of tb~-~ Resolution are true and ~o~e~. (a) ~he applicatim applies to txupe~ hf located at the southwest cohg/of Rochester and Foothill Boul~ with a street fTcwfcage of 1,250 feet alcrr/Foothill Boulevard art] lot .a~Tth of 950 feet alung (c) ~he ~tf is designated "Z~bstrial Park" by the Zr~ustrial Area Specific Plan; and '- (d) ~e project requires the ~litim of the C~irl Salon, designarea an Kistcric Point of Interest by the City Council cn -9~_-mh-r 18, 1991. along Rochestar Avenue, added "Autcmc~i~ Servioe Oourt" as a ccrrliticmally (f) ~e Phnni~ o ..... e-~im is best to ~,~iew such imM ar~ should ~ ~ ~~ ~ k~-A~ ~ <~ ..... ~i~ ~ ~ ~~~ ~c ai~h~, ~ ~ ~ ~f ~ ~y ~e Resolutic~ No. 92-240 P~e3 (g) ~he $10,000 o~rihtuicn to the Chaffey-Carcia Barn originally ~mpos~d by the F{~ccric Preservation the applicant at the public hearirg. (h) Fim~ ap~z~al of Unifurm Sign ~u~ .... fur su~ large projects is most ap~~ta with the C~-~icn rather than with staff. the ~x~4~ea ]XDjeCt. Foothill Boulevard is a major arterial ar~ already carries substantial traffic volumes. threeted left-har~ turns for irrJress and egress, even at the initial phases of the [=oject, w~uld ~e.~te an unsafe traffic pattern. It is theref~u n~c~y for public safety that such i~3rovemert~ be installed at the earliest feasible ~. (j) ~e ~ le-t~ ue (c=nr~d ~t~ pi~) in Foothill Boulevard could be uti//zed m a t~e=~ besis, if it is cleaned (k) ~he applicant's request for a re/m~=semnt ageement for one-half of the cost of signal installatim if Caltrans permits it to be installed at th/s ~ is a[4xulxiats. facts set fcrth in pal--agr~[~s i ar~ 2 abo~e, this C~uncil hereby firrls and concludes as follc~s: (a) ~hat the ~ceed use is in acuurd with the General Plan, the objectives of the Deve/_qTm~nt Code and the Ir~bstria/S~ecific Plan, ar~ the purposes of the a~-~trict in w~ich the site is located. welfare or matwia]ly injurious to L~,.~..e~Lim ~' i~m-g'aW~S~ in ~ ~d=inity. (c) ~hat the ~u~re~a use c=m~lies with each of the applicable provisions of the Development Code. 4. ~b~- C~uncil hereby finds and certifies that the project been reviewed ar~ ~nsidered in c~liance with the Califur~ ~/rc~ntal Quality Act of 1970 and, further, this Council finds that the applicaticm is ~lutic~ No. 92-240 Plannin~ Division: 1) Pursuant to provisicrs of CalifcrDi~ Public ~ Code Sectiota1 21089 (b), th/s ap~licaticm shall not be operative, vested, cr final, rnr will ~Hla~wx/permits be i.~-~rt cra m,~p ~x~ded, Lu,til (1) the Notice of the Clerk of the Board of S~ervis~ of the co~,~y of San Bernareh~o; ar~ (2) any and all required fi] inc/ fees ~-~~ pursuant to Califcrnia F{-~h ara Game Code Sectira 711.4, are paid to the emnty C~erk of the emnty of ~ with a recei~ ~ that ~ fees ~ fur payment of any required harrllirr/ cham~ fee filin~ a Certificate of Fee Emem~cra, this ccrrliticn sr~ 1 be ~ null and void. 2) 3) 4) Resoluticra No. 92-240 5) 6) S) ?) apl=ovel by the City Planner prior to the issuance of hillajar/permits. ~he appl/cant slmll provide a st. me lmse alert/ the bot'trm In'tim of the l%,ilalrrJs 4, 7, arrl 20 in thuse iotatiers ka'zre glenn ectersds all prior tO the ,~ of hdlairx:j perzllits. A revised ~sx~Jt plan for the public art ard the intmrtl~:ive public ai-,Tlays O .....i-~icn. ~he ~-e-dsed cras.~tJt p!~n sl-all gra,_~hicallydepict lx~ the VinU~,s Wa/k, fuxu~m as a khole. Final detailed plans of oo~~ of any l.,,i~alr~j in 1~ II. ~e developer shall cce~rikxxta $10,000 to the Chaffey-Garuia mmse Barn project, ~aich will be used to develop a --,~-~mVcultur~l center heritage of tha area. ~ha City O~un~il may, upcm the irxput of the Hint. uric ~ticn ReeoluticmNo. 92-240 not ~~ily ] ~m.i~,,a to, the Histuric Preser~m Site av~ r ~nd-Bankin~ fund, de~ upcn the ~ of the ccmpl/ance permits of any phase of the Masi Cu~ez~e 9) T-.qn"]-~a"'aping alCrr3 the eltiret"y Of M~-i Drive free the -~a.-~.~dk out to the curb face shall be ccml31eted price to ccr~ncy of the last h,ilai~r/for Phase 1. 10) A trash enclosure shall be provided f~r ~dla~rr/5. 11) ~he trash enclosure fee ~,ilaing 3 (Jack-In- ~B~x) sba 1 ~ be located closer to the h~ilrlinc3. u) will not re~,i~e pazkin~ .~r~c~ m Sunday ~x~an~ (at chzr~ the hou:cs of opemtim'f~r victcTy Chapel) so that the p~~ reciprocal ~) ~he ~e,Be~ ~ treatment (i.e., lar~<~F~, furniture, and har~-~[~) sb~ ] l ~ly ~ ~ ~H,~ ~ ~ mf~ of ~ P~~ ~) ~'aere shah be Vrov/sicn fcr the fonowin~ a) ArchitecU=~ ~ qy ~ted into the design ofthecentero Resoluticn No. 92-240 ~9) 20) d) ~oLb-up ck~rs. e) ~ bins with camtar~/ghtad Lids. f) Archi~y treated overhead tre~. g) Ch~n link screen on ~ to ~ tra-~-h standin~ potted p~nts, bika racks, light cc~patible with the architectural style. P~nner ~e-~ie~ and approval prior to '.L~mk3nce. of hd l~ng permits. Graffiti shall he~,--~,edwith/n 72 hans. ~he entire site sb~] be ke~t free of tr~h and debris at all ~m~, arrl in no event shall trash arrI debr/s ~'~,~in for more than 24 A thifcrm Sign PzY~3~,, si'~l be z=ev'iewmerl ard a~+~..v-,=~l by the city Planner pricr to the issuance of Resolution No. 92-240 1) P~o'~isic~s sb~]] be made to resolve to the satisfactim of the ~,~ ]a~r/ Official the followir~ issues relative to installaticm of a) b) c) An impermeable surface shall be provided at the top of the existing l~er wall to d) Weep holes shall be ~aa~a to ea-~c/ng Er~ineerir~ Division: z) ~he existin~ overhead utih'ties (tal~-~ ..... ,nicaticns) cn the project side of ~oc~estarAvenueshallbe~3r~-~edfrcm the first pole off-site south of the project's line pole just south of Focrtb'ill Boulevard, prior to public improvw~fc ac~e~ance ar oc~ncy, whichever e3m=B first. ~he side of Rod%estar A%~rue sb~ ] 1 ~e pole m the east side of the ~t~Bet. Services east side of Roc~estar Averse sba 1 ] be oppcsite side of Roc~estar Avem~ shall be paid to the City prier to the ismmnce of of the utilities (electrical, em~=~t f~r 66 KV electrical) c~ the oppceite side of the street ResoluCim No. 92-240 3) 2) project side times the lerqth frcm the center of FoothtU Boulevard to the south project bcuaxlary (990!-_ feet). follows. subject to ~w3~a_ificaticn by and approval of Calm, with Pb~-~ I: a) Rochester Averse to the west project boundary inclu~ a cc~cimr~s right turn l~ne beq~ 230 feet west of the Foothill drive, By. b) A 1;~rtl~ median bet~e~n Rod%estar Averue ara '~]" Street with left turn lanes to the satisfact/cn of the City sirqle =_~eg,~nt, in-lieu feee w/ll be c) ~/rty~ feet of pav,,,,-xt m the north side of the median. d) ~ 18-inc~ Ge (ccrru~ta~ total pipe) in right-of-w~y graded to direct flM to the ~ed to the satinattire of the City e) satisfaction of the City i~qin== and Cal'Xrans. f) prier to the issuance of h,i]alnc3 permits fur p~a~ I cr ap~ of the Final Parcel Resolutic~No. 92-240 P~e z0 4) s) v) e) ~Lichever occurs finaL. 3]1e ~-r~-lt of the fee sb~]] be ane-half the cost of the median times the lerrJth Eran the west project boundary to a projectim of the ~Mterly right-of~way line far "B" Street. If CalTrans ccnditic~ 2) b), the fee ]~m~ts sb~l extend to a projectloll of the westerly right-of-way line far ~0chester Averue. street trees ar~ a cceb'u~a___ bus bay/right turn lane narth of the project driveway shall be installed. ~he right turn lane shall begin as close to the Footh//1 Boulevard intemectian as possible. a) b) c) ~he public stcrm drain in ~ Boulevard ar~ "B" St~t sl'~]I be ups:i. zed to ~ ...... ~te Resoluti~ No. 92-240 s) 9) :L0) :1/) U) Errjineer. 'Ihe mini,,. diameter fcr I:EL"~ public storm drain mire is 24 L.-x:hee. A traffic sigr~l sb~11 be inst~ll~a at the intersectic~ of Foothill Boulevard and Street with Pba~- I. ~le developer may request a reimb~at a~~ for me-half the cost of the sigDal f~n future devel~ae~ as it occurs c~ the rrrth side of Foothill signal installatic~ at this ~_~m., an in-lie/ fee fur crm-ba if the cuet of the signal shall oc~pa~cy of the first h,~lalr~/in b-- I. An in-lieu fee fur otto-fourth the cuet of cunstructi~ .p-c~al pmvezm within the FeXhill Boulevard~ Avenue to the issuance of h,ilai~/permits for l~a-~- Modify the traffic signal at the interse~cim of FoothillBoulevaz~an~RochestarAvermeas right-of-~ay beOaeen Rochester A%~r~e ar~ the project drivemy. ~he a~e~nt shall hold the City harmless fur ~ to cr liability ) privately maint-~h.,.~a .~ml features. Resolutic~No. 92-240 Pa~u 2.4) All drive apWoac~es s~ll c~fcrm to City ~. Larger r~i (up to 20 feet mY~.~) my be used ~hen tr~nsiticnir~ fr~ a 40-foot width at the ric3ht-of-~y to lesser aisle widths c~-site, as shown c~ the approved plans, for "B" Street driveeTa in partioa/ar. ~) No p=ticn of the ~q~.~U~r's Walk," including the seat w~ll, sb~l] ex=uach ~1 the Foot/hill Boulevard ri~ht-of-~y. ~7) Sidewa/k shall cr~ss drive apEEoadms at the zero curb face. Bardicqp ~ are c~ly ~) 20) ~he sectira of "B" St~t between Foothill Boulevard ar~ the 4~ay dri%~ay intersectira 200 feet south of Foothill Boulevard sh~l be 56 feet oa~o-to-o~b, to ~ ...... ~te four traffic lanes. Provide a 40 ~ transitic~ for the outar l~-~ south of the 4-way driveway ~m. C~lifor~ Code of Civil ~ Sectic81 1094.6. 7. ~e City Clerk of the City of Ra. mo O--~ .... ~ is hereby direct_~a to: (a) cer~y to the edc~ci~ of this ~Molutim, and (b) fcrthwith transmit a certified co~f of this B~olutim, by certified mi~, City Council Minutes August 19, 1992 Page 6 Scott Murphy, Associate Planner, speaking on behalf of Mr. Jim Clark of the ' anda Historical Society, who could not be present tonight, wanted to relay Mr Clark's support of iojecL There being no further comments, the public hearing was closed. RESOLUTION .92-229 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIF IA, APPROVING A MODIFICATION TO CONDITIONAL USE MIT NO. 85-04, TO CONSTRUCT A 2,500 SQUARE FOOT BARN ON CHAFFEY-GARCIA SITE TO BE USED AS A MUSEUM AND CARET R'S RESIDENCE ON A I-ACRE PARCEL IN THE LOW- MEDIUM IDENTIAL (4-8 DWELLING UNITS PER ACRE) DISTRICT OF TFIE VICTO PLANNED COMMUNITY, LOCATED ON TI-IE WEST SIDE OF E A AVENUE, NORTH OF BASE LINE ROAD - APN: 227-513-05 1M~W~n.fi : ' ' ' unanimously, 4-0- F2. CONSIDI:RATION OF APPFAI. OF CONDITIONAl. US~ PI::RMIT 91-24 AND TI:NTATIVI~. PARCI:I. MAP 13845 - MASI - An appeal of certain Engineering and Planning Division Conditions of approval f~' Conditional Use Permit 91-24, the development of 32 buildings totaling approximately 268,907 square feet and comprised of a mix of industrial, multi-tenant, office and restaurant uses, and Tentative 'Parcel Map 13845, a subdivision of 30.2 acres of land into 31 parcels in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan, located at the southwest comer of Foothill Boulevard and Rochester Avenue - APN: 229-011-10, 19, 21, 26, 27, and :28. Staff report presented by Otto Kroutii, Deputy City Planner, and Beuy Miller, Associate Engineer. (0701-06 APPEAL) (0802-02 CUP) Mayor Stout stated he was under the impression that the reason staff reviews signs for ptojocts other than shopping centers was because the Planning Commission had delegated that authority to staff, but felt the appellant assumed the opposite was the case. Otto Kroutil, Deputy City Planning, stated the Planning Commission has the authority to review all the sign programs, but they have delegated the authority to staff on projects other than shopping centers. Councilmember Alexander asked if staff were to review sign programs, could the Planning Commission not selectively pull a project out for review if they did not agree with staffs decision. Mayor Stout stated he thought the Planning Commission has already made the decision that they want to review all of it for this project. Otto ICroutil, Deputy City Phnner, stated the Commission usually would not see things handled at staff level unless a special request was made to put it on an agenda. Mayor Stout stated it was his impression the developer wanted to install the traffic signal on Foothill at the time of the development, so why would they have to pay an in-lieu fee. Betty Miller, Associate Engineer, stated if the developer received permission from Caltrans to install the signal, the City would not require an in-lieu fee. C C, City Council Minutts August 19, 1992 Page 7 Mayor Stout stated then the requirement was a contingency in case they did not receive permission to install the signal. He asked if Calms would have any reason to deny the installation of the signal. Joe O~Teil, City Engineer, stated staff was not sure because they did not think that area would meet Calu'ans' warrants. so he thought them might be some resistance to it He felt Cain'arts would allow the median cut if the median was built, but would resist the signal at this time. Mayor Stout thought they had a policy that all median cuts had to be signalized. Joe O'Neil, City Engineer, stated that because there was not a north leg yet, it would not be as critical a factor for Caltrans. Councilmember Buquet felt there would not be a problem with Calfarts since the developer was pushing to have the median cut and would be providing the signal. He thought that they would allow the signal. Mayor Stout opened the meeting for public hearing. Addressing the Council were: John Mannedno, 9333 Base Line Road #1 I0, representing the Masi family, felt there were six issues to be addressed. He stated that in regards to the consultant, he stated it was Commissioner Melcher's suggestion that a consultant be hired. He stated that it was clear that his concerns were not on issues such as the durability of the mattrial, but directtd specifically to an artistic consultant being hired to offer advice as to the artistic contint of the statutes. He felt in today's economy consideration had to be given to conserve funds where able, and the developer felt City staff was capable of generating artwork guidelines without having to hire another consultant. He stated in regards to the sign issue, he stated it was staffs initial recommendation to the Planning Commission that the sign program be approved by staff but the Planning Commission indicated that they wanted to review it. He felt that since this was not a retail oenter but a mixed-use center, then staff should be allowed to review the sign program as per normal policy. He felt it would he handled in a more timely manner and that staff was capable of reviewing the sign program. He stated in regard to the Vinmer's Walk improvements, they had a concern about vandalism if it was installed prior to the constzuction of the buildings, and that when work began on Phase Two, a large portion of the improvements would be destroyed and have to be done over. He felt the Masi's were well known in the community and could be counted on to complete the improvements as required after construction was completed. John Mannerino stated they were satisfied with staffs recommendation on the cLrainage issue. He continued with listing the developer's concerns in regards to the in-lieu fee for the traffic signal since this signal is not required by the City and does not appear in the Master Plan for the area. He stated the developer has voluntarily offered to install the signal, and that this signal will benefit the public at large and not just users of their project. He stated if the Council requires the fee, he asked that the City might inttgrate the light into the Masttr Plan so that they would get credit on their transportation fees. Todd Bremner, 10373 Trademark Street #A, Project Engineer for the Masi's, spoke in regards to the median on Foothill BoulevarcL He referred to plans Lewis Homes had Madole and Associates prepare that showed a six 'inch difference in the grade which is a significant difference from the planned median in theif projecL He understood that Lewis Homes has postix>ned their plans for consu'uctmg that portion of their business park which would require median consu'uction, and felt they should wait until the entire median was ready to be constructed so their portion did not have to be dug up and redone in order to meet the grade difference in the Lewis section. He stated they have both engineering and economic concerns that if they continue with theif plans and build the median, it will be inconsistent with the remaining portion of median to be constructed by Lewis Homes. He stated they would like to request an option to place an in-lieu fee for the construcUon of the median. City Council Minutes August 19, 1992 Page 8 Councilmember Buquet asked if the City were to approve postponing the construction of the median, would the developer be willing to block thax driveway access into the project and only allow access from B Street or Rochester. He felt it was important because if the median was not there, you would have conflicting traffic pauerns for the inletsection and the business center which could cause accidents. Todd Bremner stated he was not in a position to give an immediate answer to that question, but pointed out that this portion of the project was in Phase Two. He felt there may be other means to coutrol people from turning left across traffic into the center and it might be possible to put something up to reslrict access. John Mannedno stated he has consulted with Mr. Mast and he would be willing to install the median when they install that particular driveway, and would be willing to work with staff in order to postpone construction umil Phase Two. He also wanted to clarify that in regards to construction of the Vintner's Walk. their intent was to put in the sidewalk and access facilities for the public, and tha~ their re. quest was to delay installation of the treUis and artwork until consu'uction was near completion. He staxed the Masi's have always felt this was a public/private project, and they have voluntarily planned improvements above and beyond the normal required items, and asked ~at the City be aware of the current economic state. There being no further comments, the public hearing was closed. Councilmember Buquet asked what was the dmclinc for completing Phase One and Phase Two. Brad BuUer, City Planner, stated that at the Planning Commission meedng the applicant indicated Phase Two would follow within three months of Phase One. Mr. Mast stated they an[icipated starting construcUon of Phase One in January of 1993 with completion scheduled for June or July. He stated Phase Two was scheduled to begin in Aphi of 1993, with compleUon anticipated six months later. Councilmember Buquet asked for clarification on the comment made about the traffic signal not being required by the City. Joe O'Ne~, City Engineer, stated the signal would have been required if the developer had not volunteered to have one installed. Mayor Stout stated he would like to go over each of the items under the Analysis section of the stuff report and come to a determination. He stated in regards to Item 1 of the Analysis, Final Approval of the "Vintoer's Walk," he did not know what it was the consultant was supposed to do. He asked what kind of consultant did the Commission have in mind. Brad Buller, City Planner, stated the consultant would act in an advisory capacity, having expertise in the semng up of displays of both art and history and coordinating with all involved in the project to make sure all the different components were harmonious. Councilmember Alexander asked if there was anyone on staff that would be qualified to do that. Brad Buller, City Planner, stated staff did a similar function with the Thomas Winery project, working closely with the Planning and Historic Preservation Commissions. Mayor Stout stated whatever concept the applicant came up with ulUmately had to be approved by the City, so he felt they should submit the finalized conceptual plans, and if it was not acceptable and they felt they needed a consultant to help them, they could hire one at that time. City Council Minut~ August 19, 1992 Page9 Councilmember Alexander felt they did not need a consultant. He felt staff and the Commissions would be able to work with the applicant on the design. Councilmember Buquet felt they should do what has been done in the past and let the developer make a presentation before saying they have to have a consultant. John Mannedno stated the Council passed a resolution stating the I-Iismric Preservation Commission was to approve the proposed statues, that the concept and general placement of the statues has been approvext, but the Commission would approve the aesthetic nauu'e of the statues. Mayor Stout stated his intention when they passed that resolution was that the Historic Preservation Commission should review it to insure it was consistent with the goals of preservation within the commumty, but not necessarily the aesthetics of the artwork itself. He stated the concept on how it would fit into the public improvemenLs and design of the center itself should be decided by the Planning Commission. The Council concurred they should not require the appellant to hire a consultant. and that the Planning Commission should make the final decision with comments from the Historic Preservation Comments. The Council then discussed the Deferral of "Vinmer's Walk" Installation. Mayor Stout stated he understood the applicant's point of view, but has seen improvements like this and the resistance to installing them when too much other construction is allowed. He felt that since the phasing was going to be so close together a substantial pomou could be done during Phase One to the point when it would not overburden the rest of the project if it was not done. He felt it was stricUy a protection for the City, and did not feel it would hurt the appellant since their phasing was scheduled to occur so close together. Councilmember Buqnet agreed that the City has been burned many times before in the past. and felt then should be a way to put some type of phasing together on this project for the improvements. He felt things like the landscaping and curbs and sidewalks needed to go in fight away, but things like the trellis could be dehyed until construction started on Phase Two. Brad Buller, City Planner, clarified if Council 's instruction was to defer the construction of the Vinmer's Walk and accompanying artwork to Phase Two if permits for Phase Two and substantial construction of Phase Two has begun before request of occupancy of Phase One, because if there was an overlap, they could not request occupancy of Phase One until the Vinmer's Walk was under consm~ction. Council concurred that would be a reasonable request. Mayor Stout then moved to Item No. 3, the Chaffey-Garcia Barn Contribution. He stated they had already reduced this mount to $10,000.00 fTOm the original mount of $25,000.00, and the project was just approved tonight to go out to bid. He sated the intention of the Council when the reduction was made was to allow the developer to put the $15,000.00 difference into their project, so he felt their request was already granted when Council reviewed it previously. Mayor Stout stated that in regm'ds to Item No. 4, Approval of Uniform Sign Program, he did not see why the Planning Commission could not review it since they were the ones who delegated staff review in the t'u-st place. Councilmember Buquet stated he did not understand what would be the difference between staff review or Commission review, since staff normally reviews signs except for ntail shopping cenu:rs. Mayor Stout felt with some of the changes that have been approved m the project, it was starting to resemble a retail center, plus it was located on Foothill in a very high profile aria. City Council Minutes August 19, 1992 Page 10 Councilmember Buquet agreed, but felt that staff would be sensitive to the signage issue since they deal with it on a regular basis. He stated he would be comfortable with staff reviewing it first, and then the Planning Commission could review it if they were not happy with staffs decisions. Councilmember Willlares asked if the signs had already been reviewed during the Design Review process. Brad Buller, City Planner, stated in Design Review they just present illustrations showing where signs would be located, but they are not detailed drawings. Councilmember Willlares stated she would be confident in staff conducting the review of the sign program. Councilmember Buquet asked for clarification of the difference between a staff review and Planning Commission review of a sign program. Brad Buller, City Planner, stated staff usually handles sign reviews over the counter once a program has been established, but in this instance the Commission has found it is important to see the overall sign prop. He stated it was based on a center by center basis as to what the differences would be. Councilmember Alexander stated he also felt staff could handle the sign review. Council concurred to allow staff to handle the sign review. Mayor Stout then referred to Item No. 5, Foothill Boulevard Median and North Side Pavement Consn'uction. He felt the median should be installed and the center should not be allowed to open unless then was a median. Councilmember Buquet stated a comment had been made about median installation to the east of the project, and stated even in these hard economic times the City was facing their responsibility and installing the median for safety reasons, and felt the developer should install the median at this time and have a reimbursement agreement set up so they could be reimbursed when the north side of Foothill was developed. He felt there would be a lot of ira/fie conflicts if they did not install the median to control traffic. Mayor Stout stated the City spent approximately S800,000.00 to improve the intersection at Foothill and Rochester, which normally this project would have paid for if it had developed prior to the City finding it necessary to improve the intersection for safety reasons. He stated the City was also improving Rochester to benefit the sports complex, but it will also benefit this project, so he felt the City has assisted this project monetarily. He stated the need for the median was a safety issue, not one of aesthetics. Councilmember Alexander asked if the median would have to be changed when the north side of the street was developed by Lewis since their plans were so different. Joe O 'Nell, City Engineer, stated he did not think that would happen because the plans that Lewis had Madole draw up are not approved plans, so they would be required to maK:h their plans to the ones submitted for this projecL Councilmember Buquet stated if the Council a/lowed them to postpone construction of the median, he would strongly recommend they do not allow access into Phase Two from Foothill Boulevazd. Mayor Stout stated that in regards to Item No. 6, the Interim Drainage Improvements, he understood that when Lewis completed their project on the north side of Foothill, the old pipe would be unnecessary anyway. Joe O'Neil, City Engineer, stated that was correct. City Council Minutes August 19, 1992 Page Councilmember Buquet asked for clarification about the maintenance, who would be responsible for maintaining it. Joe O'Neil, City Engineer, stated it would be the City's responsibility m maintain. He stated the condition was in there for the developer m do the original work in repairing and cleaning out the old line to a maintainable condition, and then the City would maintain it until the new facilities were built. The Council concun'~ to accept staffs recommenclation on this point. The Council then discussed Item No. 7, Deletion of Traffic Signal "In-Lieu" Fees. Councilmember Buquet stated he felt it was just a misunderstanding, that the developer thought they were offering something above and beyond what the City required, but the City would have required that intersection m be signalized as a condition of the project. Mayor Smut asked for clarification on the request for reimbursement. Joe O'Neil, City Engineer, stated the question of reimbursement had m do with the fact that this signal was not in the transportation fee program, because the systems fee was set up to include signals that have a community bene~L He stated this signal would be smctly for the benefit of the adjacent property ownen. He stated the systems fee was carefully set up to conform m the legal guidelines that are required for a system fee of this type. He stated the BIA was involved with the development of this fee, and the City has followed the legal guidelines, and he felt that inclusion of signals like this would taint the process. Mayor Stout asked if it was a requirement of the project, can they requite a signal without it being a part of the City- wide system without having to pay a reimbtusement. Joe O'NeL1, City Engineer, stated yes. He stated if Caltrans did not allow them to install it at this time, staff is recommending that the developer put up an in-lieu fee for their half of the signal. Mayor Stout felt if the developer was allowed to install the signal, it was a moot point, but if they cannot, then maybe the City can defer the in-lieu fee and trigger it by some other method than issuance of building permits for Phase One. Maybe when they apply for occupancy for Phase One. Councilmember Buquet felt the occupancy of Phase One would be the best approach. He stated they could try m work with Calfarts to get approval for the signal. Councilmember Alexander asked if they could defer the fee until they were ready for occupancy for Phase Two, since that would be when they have the most traffic. Mayor Stout felt it would be a problem if they were m start deferring too many things into Phase Two, if something were to happen that they would not be able to complete the whole project, it would be less likely that they would install the signal. He stated if they did not collect the fee and that area was found to be a safety hazard, the City would be liable for paying for the signal with no contribution from the developer. John Mannerino stated Mr. Masi would like to propose a compromise in that the incident that would trigger the installation of the Vintner's Walk and the payment of the in-lieu fee be when they ask for the occupancy permit of the last building of Phase One. Mayor Smut stated he could see a problem with that in that the lease for one of the pads might fall through and the final development would not he completed for a long time, and that Phase Two might he completed before the Final pad of Phase One was complete. (i7) City Council Minutes August 19, 1992 Page 12 Councilmember Buquet felt they should do everything they can to assist with getting the approval from Caltrans for the installation of the signal, and then the fall back position would be that if they cannot get approval, then they would take an in-lieu fee. Rick Gomez, Community Development Director, suggested they could take the in-lieu fee prier to the release of the ftrst occupancy of Phase One. The Council concurred with Rick Gomez's suggestion. The Mayor asked staff to return with a resolution covering all the decisions made tonight, that they could not take final acUon at this meeting. Ralph Hanson, Deputy City Atwmey, stated that since it was an appeal, they would need findings for those mat~rs which they have not changed, and would recommend the Council direct staff to bring a resolution back on the Consent Calendar incorporaUng all of the changes made tonight. Councilmember Buquet stated he was unhappy that they spent so much time at this meeting discussing this item and then wcr= unable to take final action. He felt staff should have presented appropriate resolutions and options that they could have modified if necessary, and had it over with. MOTION: Moved by Alexander, seconded by Willjams to bring back a resolution with the modifications on the Consent CaJendar at the Sepmmber 2, 1992 meeting. Motion carried 4-0-1 (Wright absent). G. PUBI.IC HEARINGS G1. CONSIDgRATION OF AN ORDINANCE F. STABI.ISHING REGUI.ATIONS AND RF. OUIRF. MF-NTS FOR TAXICAB SF-RVICI:. (Continued from August S, 199'. TRANSPORT) 1206-06 Mayor Stout stated there was a request to continue this item since the information meeting was still being compiled and suggested they continue this item to the next at the August 5th Mayor Stout re-opened the public hearing for the purpose of continuing I~ to the September 2, 1992 meeting. ORDINANCE NO. 501 AN ORDINANCE OF THE CITY OF THE CITY OF RANCHO CUCAMONGA, TITLE 8 OF THE RANCHO CUCAMONGA M BY ADDING A NEW CHAPTER 8.30 ENTITLED "TAXICAB THEREIN REGULATING AND PERMITTING THE OPERATION OF' MOTION: Moved by Motion earned unanimously, by Williams to continue Item G1 to the September 2, 1992 meeting. (Wright absent). RESOLUTION NO. 95-08 A RESOLUTION OF THE PI. ANNING COMMISSION OF THE CITY OF RANCHO CUCA~ONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 91-24, A REQUEST TO AMEND SPECIFIC CONDITIONS OF APPROVAL RELATING TO THE PROJECT'S DEVELOPMENT AND INFRASTRUCTURE PHASING, DESIGN REVIEW PROCESSING, WAIVER OF $10,000 HISTORIC PRESERVATION MITIGATION CONTRIBUTION, AND DESIGN OF THE TRASH ENCLOSURE FOR A 27-ACRE CF~FTER, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF TH~ INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-10, 19, 21, AND 26 THROUGH 28. A. Recitals. 1. Masi Cc~nerce Center Par=nets has filed an application for modification of Conditional Use Permit No. 91-24, as described in the title of this Resolution. Her·in·fret in this Resolution, the subJec~ Conditional Use Permit request is referred to as "the application.' 2. On the 25th day of Januar~ 1995, the Planning Ccexnission of the City of Ranthe Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have oc curred. B. ResQlution. NOW, THEREFORE, it is hereb~ found, determined, and resolved by the Planning Commission of the City of Ranthe Cuc~monga as foll~wl= 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Par= A, of this Resolution ere true and correct. 2. Based upon the substantial evidence presented to this Ccem~ssion during the a~ove-referenced public he·ring on January 25, 1995, including written and oral staff reports, together with lmb~ic testimony, this Cosmillion hereby spec. ifically finds Is fQZlows= a. The application applies tQ pz~per~y located at ~he scuthwes~ corner of Rochester Avenue and l~}othlll Boulevard with · street frontage of 1,250 feet along Foothill Boulevard mnd 1o= depth of approximately 950 feet along Rochester Avenue and is presently vacant. b. The proper~y to the north of the subject site is 'vacant, the property to the I~uth consists of the Spoz*cs Complex, the proper~y to the east is de~lo~ with the ~azzotti Wl~, ~ t~ ~~y ~o C~ ~ Is yacht; and c. The proper~y is designated 'Industrial Perk" by the Industrial Area Specific Plan. 101 PLANNING COMMISSION -RESOLUTION NO. 35-08 CUP 91-24 - MASI January 25, 1995 ?age 2 3. Based upon the substantial evidence presented to this Con~nission during the above-referenced public hearing and upon the specific findings of facts set fcr'ch in paragraphs 1 and 2 aDove, this Co-wnission here~y finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of the Developsent Code and the Industrial Area Specific Plan, and the purposes of the district in which the site is located. b. That the proposed use, together with the conditions applicable there=c, will not be de=rimennal to the public heal=h, safety, or welfare cr materially injurious to properties cr improve=ants in the vicinity. c. That the proposed use complies with each of =he applicable provisions of the Development Code and the Industrial Area Specific Plan. 4. On Sep~mr 2, 1992, the City Council issued a Negative Declaration in conjunction with ins review of the development heroin and =he approval of Conditional Use Permit 91-24. This Coeeission hereby finds on the basis of substantial evidence tha= the project heroin does no= result in any substantial changes or new circumstances (as described in State CEQA Guidelines Section 15162) in the project as previously reviewed to require further environsental documents=ion. 5. Based upon the findings and conclusions set forth ~n paragraphs 1, 2, 3, and 4 a~ove, this C~mnission hereby approves the application subject to each and every condition let forth below= 1) All conditions of approval contained in City Council Resolution 92-240 shall still apply, excep~ Planning Division Conditions No. 2, 7, and 15, which are revised as shown below= 2) A diagr~n providing color locations for the mylar/canvas canopies shall be su~nitted for review and approval by the City Planner prior to issuance of building permits. 7) A revised concep~ plan for the cce~lseloned public arc and the interpretire public displays shall be reviewed by the full Plannin~----ission. The revised conce~ plan shall graphically depic~ how the Vlntner's Walk, c~---issioned ar~, and public displays will be developed and maintained and how they will funcOLon as a whole. Final detailed plans shall be reviewed and approved by the City Planner prior to occupancy for either Building 5 or 6, whichever occurs first. Installation of the Vintner's Walk bardscape and landscaping shall be completed co=currently with Foothill Boulevard improvesants, prior to the release of 102 ?TANNING COMMiSSiON -~ESOLUTiON NO. 95-,SO CUP 91-24 - MA3I January 25, 1995 ?age 3 occupancy of any Buildings in Phase I. Ins=alia=ion of nhe VinEner's Walk =rolllees, v~nes, interprenive panels, and public shall be comple=ed prior ~o =he release of occupancy of sinher Building 5 or 6, whichever occurs first. In =he event permits have been issued and Phase II is substantially under construction prior to the occupancy of any building in Phase I, herds=ape and landscaping improvements may be deferred =o be collated prior to nhe release of occupancy of any building in Phase II. 15) Unless the applicant submits an alternate design for Planning Commission review and approval, there shall be provision for the following design features in the trash enclosure to the satisfaction of the City Planner: e) Architec=urally integrated into the design of the center. b) Separate pedestrian access thaC does not require opening the elan doors, to include self-closing padsaUrian door. c) Large enough to acccesoda~e =wo trash bins. d) Roll-up doors. e) Trash bins wi=h counter-weigh=ed lids. f) Architecturally treedad overhead shade trellis. g) Chain link screen on =op =o preven~ =rash frcsblcwin~ ~u= of enclosure and designed =c ~e hidden fr~ view. 6. The Secre~ar~ ~ =his Cusslesion shall calcify ~o ~he adol~lon of this Resolution. - APPROVED RaID PTID TI!I~I~TH DAY ARY 199~. ~. Davi , Chligman ATTEST: , . 103 PLANNING COMMISSION RESOLUTION NO. 95-08 CUP 91-24 - MASI january 25, 1995 ?age 4 I, Brad Buller, Secretary no the Planning Commission for the City of Rancho CuCamcnga, do hereby certify that =he foregoing Resolution was duly and regularly introduced, passed, and adopned by nhe Ciny Planner of the City of Rancho Cucamonga, a= a regular meeting of the Planning Commission held on =he 25th day of January 1995. AYES: NOES: A~SENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCM~R NONE TOLSTOY 104 RESOLUTION NO. ~.~' C)c~ C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 91-24, A REVISION TO CERTAIN CONDITIONS OF APPROVAL FOR A 27 ACRE CENTER LOCATED AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-10, 19, 21, AND 26 THROUGH 28. A. Recitals. 1. Masi Commerce Center Partners has filed an application for a modification to Conditional Use Permit 91-24, as described in the title of this resolution. Hereinafter in this Resolution, the subject modification request is referred to as "the application." 2. On the 25th day of January 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. At the conclusion of the public hearing, the Planning Commission adopted their Resolution No. 95-08, thereby approving the application. 3. On January 26, 1995, the applicant timely appealed the approval of said Resolution based on conflicts with the following conditions: (a) Planning Condition No. 8: Chaffey-Garcia Bam Contribution; and (b) Planning Condition No. 9: Timing of landscaping along Masi Drive/Sebastian Way; and (c) Planning Condition No. 15: Development criteria for trash enclosures; and (d) Planning Condition No. 20: Timing of approval of the Uniform Sign Program. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. Now, therefore, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucarnonga as follows: 105 CITY COUNCIL RESOLUTION NO. APPEAL OF MOD. TO CUP 91-24 - MASI February 15, 1995 Page 2 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are tree and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public heating on February 15, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) The application applies to property located at the southwest comer of Rochester and Foothill Boulevards with a street frontage of 1,250 feet along Foothill Boulevard and a lot depth of 950 feet along Rochester Boulevard and is presently vacant, and in the process of being rough graded; (b) The property to the north of the subject site is vacant, the property to the south consists of the Sports Complex, the property to the east is developed with the Aggazzotti Winery, and the property to the west is vacant; and and (c) The property is designated "Industrial Park" by the Industrial Area Specific Plan; (d) The project required the demolition of the Cowgirl Saloon, formerly known as the La Fourcade store and gas station. The structure was designated an Historic Point of Interest by the City Council on September 18, 1991. (e) The monetary conlribution to the Chattey-Garcia Barn was originally recommended by the Historic Preservation Commission on September 5, 1991 as an important alternative to other on-site historical improvements; and (f) The requirement for the monetary contribution to the Chaffey-Garcia Barn was upheld by the City Council on September 18, 1991, but was reduced from $25,000 to $10,000; and (g) On August 6, 1992 the applicant made a formal request to the Historic Preservation Commission to waive the $10,000 conUibution; the HPC did not support this request; and (h) On August 19, 1992 the applicant appealed the monetary contribution to the Chaffey-Garcia Barn pwject to the City Council; the City Council did not support this appeal; and (i) On August 19, 1992 the applicant appealed the requirement for approval of the Uniform Sign Program by the Planning Commission and the City Council modified it to approval by the City Planner instead; and O) The trash enclosure design requirements are consistent with what has been required of other commercial projects which have been approved in the City, and the applicant has been provided flexibility to develop his own design for such trash enclosures, should he so desire; and 106 CITY COUNCIL RESOLUTION NO. APPEAL OF MOD. TO CUP 91-24 - MASI February 15, 1995 Page 3 (k) Requirement of landscaping between the curb and the sidewalk with Phase I of the project is consistent with what has been required of other projects which have been approved in the City. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code and the IndusU'ial Specific Plan, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Council finds that the application is in substantial compliance with the original approval for which the Negative Declaration was issued. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the modification subject to each and every condition set forth below. PI .ANNING DIVISION 1) All conditions of approval contained in City Council Resolution 92-240 shall still apply, except Planning Division Conditions No. 2, 7, and 15, which arc reviscd as shown below: 2) A diagram providing color locations for the mylar/canvas canopies shall be submitted for review and approval by the City Planner prior to issuance of building permits. 7) A revised concept plan for the commissioned public art and the intcrpretivc public displays shall be reviewed by the full Planning Commission. The revised concept plan shall graphically depict how the Vintner's Walk, commissioned art, and public displays will be 107 CITY COUNCIL RESOLUTION NO. APPEAL OF MOD. TO CUP 91-24 - MASI February 15, 1995 Page 4 developed and maintained and how they will function as a whole. Final detailed plans shall be reviewed and approved by the City Planner prior to occupancy for either Building 5 or 6, whichever occurs first. Installation of the Vintner's Walk hardscape and landscaping shall be completed concurrently with Foothill Boulevard improvements, prior to the release of occupancy of any buildings in Phase I. Installation of the Vintner's Walk trellises, vines, interprefive panels, and public art shall be completed prior to the release of occupancy of either Building 5 or 6, whichever occurs first. In the event permits have been issued and Phase II is substantially under construction prior to the occupancy of any building in Phase I, hardscape and landscaping improvements may be deferred to be completed prior to the release of occupancy of any building in Phase H. 15) Unless the applicant submits an altemate design for Planning Commission review and approval, there shall be provision for the following design features in the trash enclosure to the satisfaction of the City Planner: a) Architecturally inte.grated into the design of the center. b) Separate pedestrian access that does not require opening the main doors, to include self-closing pedestrian door. c) Large enough to accommodate two trash bin-~. d) Roll-up doors. e) Trash bins with counter-weighted lids. f) Architecturally treated overhead shade trellis. g) Chain link screen on top to prevent trash from blowing out of enclosure and designed to be hidden from view. 6. This Council hereby provides notice to Masi Commerce Center Partners that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City ofRancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Masi Commerce Center Partners at the address identified in City records. 108 CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: February15,1995 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY': Beverly Luttrell, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-04 - CUCAMONGA COUNTY WATER DISTRICT - A request to add Extensive Impact Utility Facilities as a conditionally permitted use in Subarea 17 of the Industrial Area Specific Plan. RECOMMENDATION The Planning Commission recormnends approval of this request. BACKGROUND The Planning Commission reviewed and recommended approval of Industrial Area Specific Plan Amendment 94-04 at their January 11, 1995 hearing. The proposal contemplates the addition of Extensive Impact Utility Facilities as a conditionally permitted use within Subarea 17 (Industrial Park). The request for the amendment stemmed from the District's wishes to relocate their current facility on San Bernardino Road to a larger site on Center Avenue, west of Haven Avenue and south of Church Street. Associated with the ISPA is a Conditional Use Permit for a master plan for the proposed facility which was approved by the Planning Commission on January 25, 1995, contingent upon City Council approval of this Industrial Area Specific Plan Amendment. ENVIRONMENTAl, ASSESSMENT Staff has found that this amendment could restfit in some adverse impacts to the adjacent residential neighborhoods, such as noise, light and glare. However, the Industrial Area Specific Plan contains performance and development standards which address these potential impacts and reduce them to a level of insignificance. Therefore, the Planning Commission recommends issuance of a Negative Declaration. 1(Y3 CITY COUNCIL STAFF REPORT EA & ISPA 94-04 - CUCAMONGA February 15, 1995 Page 2 CO. WATER DIST. FACTS FOR FINDINGS The proposed amendment is consistent with the Industrial Area Specific Plan. This amendment will not be detrimental to adjacent properties or cause significant adverse environmental impacts. CORRESPONDENCE In addition to advertising and posting this public heating, the applicant held a Neighborhood Meeting on December 5, 1994. Invitations were mailed to all property owners within a 600-foot radius. The applicant presented their proposed amendment and conceptual site plan. The one resident who artended the meeting expressed concern regarding potential traffic generated by the proposal. Respect ly submitted, ller Attachments: Exhibit "A" - Planning Commission Staff Report dated January 11, 1995 Exhibit "B "- Draft Planning Commission Minutes for January 11, 1995 Exhibit "C"- Resolution 95-04 Exhibit "D"- Minutes of Neighborhood Meeting December 5, 1994 Ordinance Approving ISPA 94-04 110 ITY I.~F R.\\Cf [o ~I. C..\.\lO\G.\ -- STAFF REPORT DATE: January 11, 1995 TOi Chairman and Members of the Planning Commission FROM: Brad Buller, City. Planner BY: Dan Coleman, Principal Planner SUBJECT: ENVIRONMENT.,~L ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-04 - CUCAMONGA COUNTY WATER DISTRICT - A request to add Extensive Impact Utility Facilities as a conditionally penrotted use in Subarea 17 of the Industrial Area Specific Plan. PROJECT AND SITE DESCRIPTION: A, Surrounding Land Use and Zoning: North Flood control basin; Flood control district South Car wash/gas station: Community Commercial (FBSP) East Shopping center; General Commercial West - Single family residences; Low Residential (2-4 dwelling units/acre) General Plan Designations: Project Site - Industrial Park North Flood Control South Commercial East - Commercial West - Low Residential (2-4 dwelling units/acre) D. Site Characteristics: The site consists of multiple, undeveloped industrial lots. ANALYSIS: A, General: Cucamonga County Water District (CCWD) currently operates their administrative and maintenance facility on a 2-acre pan:el on San Bernardino Road, west of Archibald Avenue. The District d~ir~ to consolidate their entire operation on a larger site more centrally located within their service area. CCWD is considering purchasing a 10.74 acre property located at 7900 Center Avenue within Subarea 17. The proposed administrative headquarters and vehicle storage yard/maintenance facility are classified as "Administrative Civic Services" and "Extensive Impact Utility Facilities," respectively, by the Industrial Area Specific Plan. The former is a permitted use within Subarea 17, whereas the !at~er is not permitted (see Exhibit "B"). Therefore, the applicant is requesting this amendment to add "Extensive Impact Utility Facilities" as a conditionally permitted use within Subarea 17. ITEM C 111 PLAN,'NING COMMIS~,ON STAFF REPORT ISPA 94-04 January 11, 1994 Page 2 Land Use Suitability: Subarea 17 is intended as "a transition from more intensive industrial or commercial activities to residential areas". In this case, the transition is from the commercial activities along Haven Avenue and the low density residential neighborhood on the west side of Center Avenue. Allowable uses within Subarea 17 range from "Custom and Light Manufacturing." such as the existing Data Design manufacturing operation, which is permitted by right, and "Automotive Rental/Leasing" and "Public Safety and Utility Services," which are conditionally permitted. These latter two uses are similar to the storage of vehicles and the indoor maintenance facility which Cucamonga County Water Disuict is proposing. The General Telephone switching facility and vehicle storage yard, which exists on a property adjoining the southeast comer of Subarea 17, is an example of how such a facility can be successfully designed to screen outdoor storage activities. Staff believes that the Conditional Use Permit review process would be the appropriate tool to solicit public comment and ensure neighborhood compatibility consistent with the intent of Subarea 17. It should also be noted that CCWD's current location within a residential neighborhood has not resulted in any complaints from surrounding residents. C, Environmental Assessment: The Initial Study has ~ completed and staff determined that t!~. amendment could result in adverse impacts upon the adjoining residential neighborhood, such as noise, light, and glare. The Industrial Arfi Specific Plan contains performance standards and development standards which address these potential impacts and r~:luce them to a level which would not be considered significant; therefore, staff r~mmends issuance of a Negative Declaration. CORRESPONDENCE: In addition to advertising and posting this public hearing, the applicant held a neighborhood meeting on December 5. Invitations were mailed to all property owners within a 600-foot radius. The applicant presented their proposed amendment and conceptual site plans. The one resident who attended the meeting expressed concerns regarding traffic and the lack of street improvements on certain struts in the area. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution of Approval and forward their recommendation to the City Council. City Planner Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Industrial Area Specific Plan Land Use Definition~ Exhibit "C" - Industrial Area Specific Plan Subarea 17 Regulations Exhibit "D" - Surrounding Land Use Map Resolution Recommending Approval Proposed Ordinance 112 CUCAMONGA COUNTY November 16, L994 Mr. Dave Barker, Chairman Planning Commission City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 WATER DISTRICT u,- 't4NC~O C ' · ,VNin,,O Di~V~CAMONG,, a 9, tON NOL, R Z 1994 Dear Chairman Barker: I respectfully request that the Planning Commission of the City of Rancho Cucamonga consider initiating a change to the Industrial Area Specific Plan to allow Cucamonga County Water District (CCWD) to consolidate District operations at a new site located in Subarea 17. The operations will include an administrative office building, shop/warehouse building, vehicle maintenance building and a vehicle fueling station. The existing Specific Plan would only allow the office building as a permitted use. The other uses fall under the "extensive impact utilities facilities" definition and therefore, are not currently permitted in Subarea 17. The proposed CCWD site is located at 7900 Center Avenue in an existing improved industrial subdivision. The property being considered for purchase by the District approximately 10.74 acres in size. This property is bounded on the north by a flood control basin, the east by Haven Avenue, Deer Creek Channel and the Brunswick Center beyond, the south by vacant industrial and improved industrial properties, and the west by single-family residences on the west side of Center Avenue. See the attached vicinity map. The request for a Specific Plan Amendment is necessitated to allow CCWD to relocate to a larger parcel of land and maintain a consolidated facility as we now have. The CCWD utility as a land use was nob specifically addressed in planning oE the industrial areas as it is in the Foothill Boulevard SpeciEic Plan. Therefore, the only use definition is the "EIUF" designation which is not totally accurate but sufficient. This use requires a Conditional Use Permit to be allowed in several of the other subareas and would be appropriate in Subarea 17 as well. ~il ~4\ LIE]~,NARI-~IN(~) R/') ' i4AJ~CHCl (.f, C,%.%tC.}%C',A. CA ~)1T2~-.~38 ' !' C). 12OX .~3R ' (*.qN) ~aT-~Ul ' ):~,X ~]~s 113 CUCAMONGA COUNTY WATER DIS'TRICT · P.O. BOX 638 · RANCHO CUCAMONGA, CA el 729-0638 * (90g) 987-259'~ Mr. Dave 9arker, Chairman Planning Commission NovemUer 16, 1994 Page 2 The District has been looking for a suitable site on which Eo relocate for a number of years. This site has many advantages, not the least of which is the price. Also, it is central to the District's operations, is adcquate in size, has good vehicle access, is buffered from an~ adjoining uses, and has the necessary public improvements in place. Maintaining a consolidated facility with administrative offices, shops, warehouse and maintenance on one site has many obvious advantages to the District. Overall management and administration is simplified and therefore, will be more efficient when all operations are on one site. In addition, the number of vehicle trips will be reduced between facilities resulting in a savings in travel =imp. The SpeciEic Plan Amendment would allow an "EIUF" use in Subarea 17 subject to a Conditional Use Permit. This would allow the City to maintain control of development in the subarea and assure that 'conflicts with other uses'do not occur. A Conditional Use Permit application has been submitted in con3unction with this request so that the Commission can evaluate the merits of the pro3ect an~ expedite resolution of the amendment. Yours truly, CUCAMONGA COUNTY WATER DISTRICT Generll Manager Attachment: Vicinity Map 114 SPECIFIC PLAN U C:~ea.r CP-e.~ k- :,5r_un e,w i 51',~V=~ ST. N AMENDMENT - SITE PLAN PROJ(CT NO. ISSUE DATE DRAWING CONTI)IT$ 0RN 8Y CHK BY RE%q$ION 0ATE$ JKM MEW I I OWNER WA'"I'EK D S'T'R. ICI" ..~I~T ~ A~ WILLIAM5 FIRCHITECT-~o IN'el :,,,..o... ,..:o,.o -.,.,,,~.;:~ UPI. RNI), CR Q'1786 I 115 SUMMARY OF LAND USE TYPE BY SUBAREA USE TYPES MAN UFACTU RING CusTom L~gnt Medium Heavy Minimum Implc-'t Helvy P P P P P P P P P P P P P P P P P P P P P P P P P P C C C P C P P P P P p P P P .OFFICE ~ROFES~ONAL, DESIGN &RESEARCH :. P P p p p p p is AdmimslTalwe & Office Profess,onN/Design Sennces Researct~ Set~ces .WHO: Weal E, STORAGE & DISTRIBUTION Pul~,c Storage Light MeOium MATERIAI.~ RECOVERY FACILITIES Colllcl~on FlCilibll Processing FiCslital So'a) Operltion CIVIC ,N:lmlmS~ltwe Ciwc Servicll CulturN P p p p ,~- Ex~ens,ve ImDlct Utility Facilities FIo<x:I ComroVUblity Cornclot Pubic AssemOiy Pul3iic Safety & Ublily Ssr,-i~e. , Rel;,qiOUI AIIlffll31y Ce,,,e~+';,- Ceate-e P-y C4,~ F..;I,"/.7 C P C C P P C P C C P P P P P P P P P P P P CCC C P C C C , C C C C C C ~: CC CC CCC CCCC CC CCCCCCCCC C CCCCCCCC CC CC CCC CCCC CC C C C CCC, OCCc, C,C cCcCC C(-' (~ CC, CCCC CC C-C..Cc C cC D- l' :,,.; IIUmNamWlfmilmd 116 Extensi ve Impact Util fry Facil tries: Acti varies typically include, but are not limited to those performed by public agencies or which are strongly vested in the public interest, and which produce or may produce a substantial impact upon the surrounding area. Uses typically include, but are not limited to the following institutions and installations: - Electric, gas, and otl transmission factl tries - Garbage or refuse disposal facilities - Major nail-processing centers - Radto and tel eva si on transmt ssi on facilities, including but not limited to booster or relay stations - Railroad and bus terminals - Railroad rights-of-way, railroad yards and bus storage ares Public utility corporation or truck yardt - Reservoirs, water tanks, and water treatment factl I ties - Sewage treatsent facilities and truck llnes exclusive of Individual septic tanks - Steam, fossil, or nuclear power plants - Truck terminals operated by a public agency Flood Control/Uttltt Corridor: Activities typically lnclude flood conlYrol channels' and major utility corridors, such as high power electrical transmission llnes and towers. Other activities whlch are compatible with both the uttli~ function and surrounding existing or future land uses my be permitted in utiltty corridors, as provided for by the regulations contained' in Chapter 17.16 (Open Space Districts) of the Ctty's Development Code. Public Assembly: Activities typically include, but are not 111lte(I to those performed by, or at, the folqowtng institutions or installations: Parks, botanical gardens, and open space ares of a passive use character; Public and semi -publtc playgrounds and playing fields, and open space ares of an active use character; - Public and SErl-publtC meeting halls. III-17 117 F~6. IV-19 ~'11111 m Ill I,O,I. oo®® Belle __ w,__u.,. ,.T.~-. ~ ooou · I " ~ MIMEIn Atom MID Mt aMmanmeat, m: · .fk emm ee~.,.:-~ ' ~-, Iv-99 118 SUBAREA 17 Land Use Designation Pri mary Functi on Pemi tted Uses Condt tt onal Uses I ndustri al Park Tiqi s Suparea serves as a transi ti on zone fr0ll more i ntensi ve i ndustri al or consarea al acti viti es to residential areas. As such, new aevelopment must oe sense tive to the surroundi rigs with appropri ate architecture and site planning to mitigate potential confl ictS. Subarea 17 is located in three separate areas of tne Industrial Plan: the southeast corner of Baker and Ninth; the soutl~east corner of ArcntOald and Main; and, on the east side of Center Avenue, between Foothill Boulevard and Church. Custom Manufacturing Light Manufacturing AdEt n t s t rat Ive and Off tce Profess1 onal/Oest gn Servtces Research Servtces Light Wholesale, Storage and Distribution lui 1 dt ng Mat ntenance Services Business Supply Retail Sales and Services Business Su~lmrt Services Co81untcatt on Services Eating and Ortnktng Estal~l tshments Financial, Insurance and Real Estate Note1/Note1 Recreational Fact l t ties Administrative Civic Services Autmott ve Rental/Leas1 ng Automot1 ve Sales Convenience Sales and Services Entertat merit Fast Fo~l Sales Food and Beverage Sales Medical/Heal th Care Services Personal Servtces Cul rural Pub1 tc Assely Public Safety and Utility Services Reltgtous Assemly IV-IO0 119 Exhibit: 'P Date: I-/t- '~e I ~0 DRAFT - FOR DISCUSSION PURPOSES ONLY ~NVIRON~.NT~r. ~S~SS~.NTAND INDUSTRI~T. AR~A SPECIFIC PLAN AM~.ND~.NT 94-04 - CUCAMONGA COUNTY WATER DISTRICT - A request to add Extensive Impact Utility Facilities as a conditionally permitted use in Subarea 17 of the Industrial Area Specific Plan. Dan Coleman, Principal Planner, presented the staff report. Coa~nissioner Tolstoy questioned if the Flood Control basin is par% of Subarea 17. Mr. Coleman responded that it is not. Ca~nissioner Tolstoy asked for affirmation that any future use of the basin for other than flood control would require a re. valuation of the land use by the City. Mr. Coleman responded affirmatively and stated At would take a General Plan Amendment and zone change. Chairman Barker opened the public hearing. Tom Sholenberger, Cucamonga County Water District, 9641 San Bernardino Road, Rancho Cucamonga, stated that Jim ClAns, the Director of Engineering for Cucamonga County Water District (CCWD); Tim Mim Mack, Associated Engineers; and Max Willjams, Willlame and Associates, the design architect were present. Max Wili~ms, Willisdue and Associates, 276 North Second Avenue, Upland, requested approval of the Industrial Area Specific Plan Amendment and observed that the City still maintains control over how the property will develop in the future. He felt the use will provide a good transition from the high'intensity uses to the east to the lower intensity uses to the west. He remarked they had also submitted a conditional use permit application which will be reviewed by the Planning Cc~mnission at a future meeting. He said the~ propose using the easterly portion of the site for a consolidated facility. He noted they had held a neighborhood meeting at which they received input regarding concerns with increased traffic on Center Avenue, pedestrian safety, and circulation and increased traffic within the residential neighborhood. He said they had contracted with Associated Engineers to conduct a traffic study and address those issues. He believed CCWD is an excellent neighbor and noted their current facility is surrounded by residences. He felt they have more control over traffic and circulation than a typical industrial development would have because CCWD is managed by a s~ngle general manager and would be there for a long period of time. He thought that if the general manager instructed his staff not to drive through a residential area, the staff would follow those instructions. Tim Mim Mack, Senior Project Manager, Associated Engineers, stated he is in charge of the traffic study. He stated that although the traffic study is not complete, preliminary traffic generation analysis indicates that the site would probably generate 900 to 1,200 trips per day with the currently zoned uses and 1,000 to 1,200 trips per day with their proposal. He noted that the traffic study is not complete and will indicate mitigation measures which may include street widening and traffic signals. He observed that CCWD has a flex 9/80 work week with employees starting at 6:30, 7:00, and 7:30 a.m. and getting off at 3:30, 4:00, and 4:30 p.m. He noted that visitor traffic would be spread throughout the day. Planning Commission Minutes Januar~ 11, 199S 121 Ccexnissioner McNiel asked how many trips per day would be by large CCWD trucks. Mr. Mim Mack replied that CCWD has provided projections to the year 2010. He said they currently have three of the vector trucks and 50 automobiles and pick-up trucks. Commissioner McNiel asked how many of the trips would be visitor trips. Mr. Mim Mack responded they .anticipate a maximum of 170 day time visitors. C~M~nissioner Lumpp asked if there is information regarding current traffic counts in terms of distribution as to whether people predominantly go north to Church, south to Foothill, or toward Hermosa. Mr. Mim Mack replied that they have yet to perform the traffic warrants and those will show the predominant travel patterns. J~,nes Career, 7740 Center Avenue, Rancho Cucamonga, stated he had not received notice of a neighborhood meeting but had received a notice from the City regarding tonight's meeting. He commented that in 1986 CCWD was going to purchase the property where the reservoir is located. He said that there is a lot of traffic currently on Center Street from people trying to avoid Foothill and Haven and he objected to additional traffic. He said he was opposed to the project because he had not received notice of the neighborhood meeting. Chairman Barker thought that CCWD would be glad to talk to Mr. Car~er. He said the matter before the Camnission was an Industrial Area Specific Plan Amendment. He noted that the Conditional Use Permit will be processed separately and Mr. Career could contact staff for information on that application. Commissioner Tolstoy asked Mr. Carter'e perception about the current traffic situation. Mr. Car~er replied that traffic is currently hear7 in the early morning and late afternoons. He said that when the intersection was widened at Foothill Boulevard and Haven Avenue, many people itar~ed cutting through to bypass the intersection reconstruction and traffic still remains heavy. Hearing no further testimony, Chairman Barker closed the public hearing. Co~m~ssioner Melcher suggested additional verbiage to further clarify that the proposed use is limited to only this portion of Subarea 17. Motion: Moved by Melcher, seconded by Tolstoy, to recommend issuance of a Negative Declaration and to adopt the resolution recommending approval of Industrial Area Specific Plan Amendment 94-04. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT = NONE BARKER, LUMPP, MCNIEL, NELCHER, TOLSTOY - carried · · · · · Planning Commission Minutes 7 January 11, 1995 I~SOLUTION NO. 95-04 A RESOLUTION OF TH~ PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMXNT 94-04, AND MAKING FINDINGS IN SUPPORT THEREOF. A. R-citJle. 1. Cucasonga County Water Dlstric~c has filed an application for Industrial Area Specific Plan ~mendment No. 94-04, as described in the title of this Resolution. Hereinafter in this Resolution, the eubJec~ Industrial Area Specific Plan Amendment is referred to as 'the application.' 2. On the llth day of January 1995, the Planning e~---ission of the City of Rancho Cucenonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prsre~lsites prior to the adoption of this Resolution have occurred. R-solution. NC~4, THEREFORE, it is hereby found, de~ermined, andresolved by the Planning Commission of the City of Rancho Cucmnga as follwsx 1. This Cosmission hereby specifically finds that all of the facts set forth in the Recitals, Pan A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Cueslesion during the above-referenced public hearing on Januax7 11, 199S, including written and oral staff reports, together with public testimony, this ~lssion hereby specifically finds as follows= a. The application applies to property located within the City; and b. The pzoa~ssd amendments will not have · significant impact on the environment. 3. heed upon the su~e~antial evidence presented to this Cce~iesion during the above-referenced l~lic hearing and upon the specific findings of facts set forth in para~ra~s I and 2 above, this e-----lesion here~y finds and concludes as follows= a. That this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. That the proposed project is consistent with the objectives of the Development Code and the Industrial Area Specific PlanJ end c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially inJuri~us to properties or ~mprovesents in the vicinityl and t~ ~/ PLANNING COMMISS1uN PaSOLUTION NO. 95-04 ISPA 94-04 - CCWD January 11, 1995 Page 2 d. That the proposed amendment will not be detrimental to the objectives of the General Plan or the Development Code. 4. Based upon the fac~s and information contained in the proposed Negative Declaration, together with all written and oral repoz~cs included for the environmental assessment for the. application, the Planning ~Aselon finds that there is no substantial evidence that the proJec*cwlll have a significant effect upon the environment and ~.ac, -n~s IdolSion of sNagleAve Declaration based upon the findings as fellowes a. That theNegative Declaration has been prepared in compliance with the California Invironsental GualityAc~ of 1970, as amended, and the State C29A guidelines pronulgatedthereunder; that saidNegativeDeclarationandtha Initial Study prepared therefore reflect the independent JudOment of the Planning Commission; and, fuz~cher, this ~lssion has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the standards of the Industrial Area Specific Plan, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section ?S3.S(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as fellowes In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upOn which wildlife depends. Pureher, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning ~lssion during the public hearing, t~e Planning Commission hereby rents the presuml~lonof adverse effoc~ as so~ forth in Section 753.5(c-l-d) of TltXe 14 of the CaXlfornim Code of Regulations. S. Based upon the findinVs and conclusions set forth in paragraphs 1, 2, 3, and 4 e~ove, this ~iselon hereby resolves as foilMs a. That the Planning CanULsSlOn Of the City of Pancho Cucamonga hereby recommends approval of Industrial Area Specific Plan Amendment 94-04 to modify the Industrial Area Specific Plan par the attached Ordinance. 6. The Secretary to ~axis ~lssion shall certify to the adoi~lon of this Resolution. APPk~VSD AND ADOPTED THIS llTH DAY OF JANUARY 199S. PLANNING Of T!l~r~l~,~ IUI~qCHO Cge~JIO!lOA Chel~E~~) 124 PLANNING COMMISSION RESOLUTION NO. 95-04 ISPA 94-04 - CCWD January 11, 1995 Page 3 ATTESTz I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cuc~non~a, do hereby certify that the foregoing l%eeolution was duly and regularly introduced, passed, and adopted by the PlannJ~M~ ~leelon of the City of Xancho Cuc~songa, at a regular meeting of the Planning Cueslesion held on the llth day of January 1995, by the following vote-to-.q~'it= COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOBSx COMMISSIONERSx NONE ABSENT: COMMISSIONERS = NONE ORDXNANC~ NO. DR qFT AN ORDINANCE OF THE CITY COUNCIL OF THX CITY OF RANCBO CUCAM0~GA, CALIFORNIA, ADOPTING INDUSTRIAL AAIA SPICIFIC PLAN AMXNDMINT 94-04, AMENDING THX LAND US:IS WITHIN SUB&.q/~ 1'7, AND MAKING FINDINGS IN SUPFORT THERZOF. A. R-tittle. 1. Cucamonga County Water District has filed an application for Industrial Area Specific Plan Amendment No. 94-04, as described in the title of this Resolution. Rereinafter in this Resolution, the subject Industrial Area Specific Plan Amendment is ref$rred to as 'the application.= 2. On January 11, 1995, and the Planning COBBleSiOn Of the City of Ranthe Cucamonga conducted a duly noticed public hearing concerning the above- referenced amendment and, following conclusion thereof, adoi~ced its Resolution No. , recommending that the City Council adop~ this endsent. 3, On , 1995, the City Council conducted and concluded a duly noticed public hearing concerning the subject endsent to the Industrial Area Specific Plan. 4. All le~al prerequisites prior to the adoption of this Ordinance have occurred. B, Or~insnc-. The City Council of the City of Ranthe Cucamonga does hereby ordain as followsz SECTION lz T~ City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct, SECTION 2z The City Council of the City of Ranthe Cocamonga hereby finds that this amendment is established and adopted to protect and promote the public health, safety, Betels, comfort, convenience, and welfare~ and sore particularlye l. That the [~oFos$S amendment i8 in confozmance with the General Plan of the City of Ranthe Cucsmonga; and 2, That the proposed amendment is consistent with the DevelopBent Code the City of Ranthe Coosmange; and 3. That the proposed amendment does not conflict with 'the Land Use Policies of the General Plan and will provide for developsant within the district in a manner consistent with the General Plan and with related developssnt~ and 4, That the proposed endsant will have no significant environmental impact; and 5. That the proposed amendment is consistent with the objectives of the Industrial Area Specific Plan. Ordinance "" DH 4FT SECTION 3, uased upon the facts and information contained in the proposed Negative Declaration, t~gether with all written and oral reports included for the envLromntal assessment for the application, the City Council finds that there is no substantial evidence that the project will have a sl~nificant affoc~ upon the environment and adol~s a Negative Declaration based upon the findings as follows= 1. That the Negative Declaration has been prepared in compliance with the California v-nvironmental guality A~c of 1970, as sanded, and the State CB~A guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflec~c the independent Judgmnt of the City Council; ands fur'chef, this Council has reviewed and considered the ~nformation contained in said Negative Declaration with regard to the application. 2, That, based upon the standards of the Industrial Area Specific Plan, no significant adverse environmental effects will occur, 3. Pursuant to the provisions of Section 753.S(c) of Title 14 of the California Code of Regulations, the Planning ~lssion finds as follMt In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse Leeact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and ~ho information provided to the Planning CoaLsalon during the public hearing, the City Council hereby rebuts the prosmullion of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. SeCTION 4s The Industrial Area Specific Plan tex~, Part IV, Subarea 17 Special Considerations, commencing on page IV-103, is hereby seendad to add the following paragraphs The pox'c/on of Subarea 17 located on the east side of Center Avenue between Foothill Boulevard and Church St~ee~ is unique because it ia ~undH on t~ noah a fl~ ~ntrol ~e~ ~ on ~he east consul c~l.. ~ unusual sha~ of t~ ~a, as ~ll u its prox~ty ~o ueibntLal ~as, p, son~e e~Lal site ~lopnt ~ns~rain~s. In a~/tion ~mtt~ vi~h~ S~ea 17, ~ensiu X~ sl~o pl~ ~ ~sl~ considerations as doscr~ SECTION St The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent Jurisdiction, or by reason of any preemptlye legislation, the remaining provisions, sections, paragraphs, sentences, and ~ of this Oral/hence shall remain in full force and effect. SECTION 6z The Mayor shell sign this Ordinance and the City Clerk shall cause the ease to ha imblishod within 1S days after its passage at least once in the Inl.-nd V~lley n~l~y a-lletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucam~nga, 127 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: December 6, 1994 Brad Buller,City Planner Beverly Luttrell, AICP, Associate Planner CUP 94-39 CCWD On December 5, 1994 1 artended a Neighborhood Meeting hosted by the CCWD at Dona Merced Elementary School regarding their master plan proposal and ISP amendment in Subarea 17, on Center Ave. The project was presented by the architect and the General Director of CCWD ( Tom Shollenberger) and his special assistant ( Sandy Olson). The brief overview explained that the master plan consisted of a maintenance and administration building, as well as a fueling station that would utilize compressed natural gas. It was indicated that Phase One would consist of the office portion with other phases occurring in the future. Ninety five notices were sent out to residents within a 600 foot radius. Only one resident (Steve Jesson) artended the meeting. He had the following concerns: 1. Mr. Jesson lives on Ashford and was concerned with additional tnffic being dumped on Center and that the stnet would deteriorate with the heavy truck traffic. He questioned why the entrance could not be on Haven Ave. 2. Foothill and Center is not signalized and is already a dangerous intersection. 3. Potential conflict with school children who walk to school and use the Church and Center Ave. intersection. 4. Ashford, Hemlock and Norwalk Streets do not have sidewalks and employees will cut through these neighborhoods and endanger the children. 5. If the pwjea has to be built he would rather that it happen all at once rather than in phases, so that the construction period would not be pwlonged over time. 6. He requested that they look into providing a light at Foothill and Center and widen the Church and Center Avenue intersections. 7. Would it be possible to funnel all traffic to the south and to gate the project. CCWD responded that the lots in question are already designated as industrial and if they were to // .) develop individually they could produce even more traffic than the 75 employees of CCWD. The CCWD proposal is much less intensive than what might happen otherwise and the volume of traffic will probably be less. The largest trucks are 5 ton, and they only have three of these. The majority of their fleet is small 1/2 to 3/4 ton pick up trucks. They indicated that employees would have no r~ason to shortcut through residential neighborhoods and that they would be directed to not do so. They also indicated that the Traffic Engineering Division would not allow them to have an entrance off of Haven Ave. since this is already a high speed, heavily traveled street. They explained that the public will be visiting the Admimstration building to pay water bills and that it would be difficult to funnel all traffic to the south and to gate off the entrance. They noted that they wanted to be good neighbors, are curren~y located in a residential area on a two acre parcel and have received no complaints from adjacent residents. c.c.: Maria Perez Paul Rougeau ORDINANCE NO. 5J ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-04, AMENDING THE LAND USES WITHIN SUBAREA 17, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Cucamonga County Water District has filed an application for Industrial Area Specific Plan Amendment No. 94-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On January 11, 1995, and the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced amendment and, following conclusion thereof, adopted its Resolution No. 94-05, recommending that the City Council adopt this amendment. 3. On February 15, 1995, the City Council conducted and concluded a duly noticed public hearing concerning the subject amendment to the Industrial Area Specific Plan. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: 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 2: The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established'and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare; and more particularly: 1. That the proposed amendment is in conformance with the General Plan of the City of Rancho Cucamonga; and 2. That the proposed amendment is consistent with the Development Code of the City of Rancho Cucamonga; and 3. That the proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and 130 CITY COUNCIL ORDINANCE NO. EA & ISPA 94-04 - CUCAMONGA CO. WATER DIST. February 15, 1995 Page 2 4. That the proposed amendment will have no significant environmental impact; and 5. That the proposed amendment is consistent with the objectives of the Industrial Area Specific Plan. SECTION 3: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: 1. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. 2. That, based upon the standards of the Industrial Area Specific Plan, no significant adverse environmental effects will occur. 3. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. SECTION 4: The Industrial Area Specific Plan text, Part IV, Subarea 17 Special Considerations, commencing on page IV-103, is hereby amended to add the following paragraph: The portion of Subarea 17 located on the east side of Center Avenue between Foothill Boulevard and Church Street is unique because it is bounded on the north by a flood control basin and on the east,- by a flood control channel. The unusual shape of the area, as well as its proximity to residential areas, presents special site development constraints. In addition to those uses which are permitted or conditionally permitted within Subarea 17, Extensive Impact Utility Facilities may be permitted in this portion of Subarea 17, subject to a Conditional Use Permit and the special site planning and design considerations as described above. 131 CITY COUNCIL ORDINANCE NO. EA & ISPA 94-04 - CUCAMONGA CO. WATER DIST. February 15, 1995 Page 3 SECTION 5: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. 132 Date: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT Febmary 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Jerry B. Fulwood, Deputy City Manager CONSIDERATION TO AMEND FACILITY RENTAL FEE FOR THE EPICENTER RECOMMENDATION Adopt Resolution amending Resolution 94-091A amending the facility rental fee for the Epicenter and approving a Halloween attraction rental rate adjustment from $1500 to $325 per day. BACKGROUND On December 7, 1994, City Council adopted a fee Resolution that established a dally rental rate in the amount of $1500 for usage of the Epicenter. However, occasionally, stadium events will run for an extended period in excess of two weeks. Some of these events may require a review of the Epicenter's dally rental rate to make the event financially viable for all parties including the City. One such event is a proposed Halloween attraction. ANALYSIS Inland Valley Baseball proposes to run a Halloween attraction at the Epicenter. The event will require approximately 51 days from start to conclusion. Therefore, Inland Valley Baseball is requesting that the daily rental rate be adjusted to $325 per day for this event during 1995. 1004 California League Cl~arnpions HALLOWEEN 1995 It was a cold, dark night in mid October. The wind had been howling all day, but for some reason, as the darkness came, so did a peculiar stillness. I looked over at the clock and realized it was after 6:00 p.m. and I had put in a long day. I was turning off my radio, and as I was packing up my things, a very brilliant beam of light came through my window. The light became blinding as it got closer. Then I heard it on the radio. Ontario airport had sited an unidentified flying object headed for the Epicenter! I couldn't believe it! Was someone playing a trick on me? The next sound I will never forget, it was the biggest crash I ever heard, and it came fi'om the middle of the staditan. I ran from my office, and there I saw it. Lights flashing, smoke and steam rising from a huge round space craft, crashed in the middle of second base. We have been invaded from outer space. Of course this is a dream, but one we want to recreate. Halloween is one of few holidays where everything comes to life. Knotts Berry Farm has proven this with its huge success of KNOTTS SCARY FARM, a Halloween haunt attraction. We are convinced that a Halloween attraction will also go extremely well here in Rancho Cucamonga, at the Epicenter, in the heart of the Inland Empire. For years Chaffey College produced a successful haunted house. In discussing this proposal with Art Shepard, Director of Chaffey's Drama Department, we learned the college discontinued the haunted house due to their inability to handle large crowds. Although it had grown too big for Chaffey College to handle, we believe the Epicenter would be able to support the demand. We have been in contact with Jet Productions, which has produced the Knotts Scary Farm attraction for years. We have discussed plans of a Halloween attraction with the possible scenario of an alien invasion. l~a,~ch,, Ct,cam,,,,~a Q.akc: l'r,,fc::i,,,~al Ba:¢hall Club · P.O. Box 4130 · Rancho Cucamon~a, C.\ 01720 .\,Jmi,~i.4rati,.,, .t~ ,tll 481'5(111(1 · Ticket Office ItJ(R)} 481'5252 · Fax (OOO)48l'5{1{)5 /A3 -/ 1994 California League C~ha~npions Our proposal is for a 19 day event, beginning Friday, October 13th, through Halloween, October 31st. We will be open daily at 6:00 p.m. to 10:00 p.m., Sunday thru Thursday. Friday and Saturday will be open until midnight. A minimum age limit will be enforced due to the intense nature of the attraction. It will be scary! The average ticket cost will be $7.00 with $1.00 off coupons available at sponsored locations within the community. A complete walk ttu-u of the attraction will take a customer about 20 minutes There will be games in the concourse area, and a huge ~:ideo screen which will run science fiction movies continuously. Concessions will be open serving traditional Halloween treats, and souvenirs of this frightful night will be made available in our gift shop. In conclusion, the Halloween attraction has the potential to not only be successtiff ~.his year, but to become a popular Halloween landmark for years to come. This ~:ttraction will create steady revenue for the city in the month of October. We need to confirm these dates for use, and will need to begin construction mid September on the din portion of the infield. Your cooperation and input for this attraction will be appreciated to make this event the success it can be. I~.anch,, C.cam,,n~a Q,,akc: l'r,,fcssio,~al Baseball Cl~d, · l~O. B,,x 4130 · Rancho Cucamon~a. CA 01720 .X,Jmm,~trati,,,~ ~t)(it}l 481'5(1{)(1 · Ticket Office Ita()tll 4S1'5252 · Fax {g(}~)) 481-5005 RESOLUTION NO. 94-091D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION 94-091A PERTAINING TO THE FACILITY RENTAL FEE FOR THE EPICENTER WHEREAS, this action is not considered a new fee but is an amendment to an existing fee schedule; and WHEREAS, Resolution 94-091A, after all legal prerequisites occurred, was adopted on December 7, 1994 to amend the fee schedule for the Adult Sports Complex which had been previously established by Resolution 94-091. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby amend Resolution 94-091A as follows: A, Section 8.0 (Recreation Fees), Subsection 1 (Stadium Facility), Subsection "a" (Rental Rate) for the Adult Sports Complex fee schedule is amended by the addition of the following: a 1. Rental Rate Extended Engagements The Rental fee for events in excess of two weeks in duration may be negotiated and set by the City Council on a case by case basis. Except as provided herein, all provisions of Resolution 94-091A shall remain in full force and effect. DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT February 15, 1995 Mayor Alexander & City Councilmembers Jack Lam, AICP, City Manager Suzanne Ota, Community Services Manager CONSIDERATION OF ALTERNATIVE SENIOR & COMMUNITY PROGRAMS CONDUCTED AT THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER AND LIONS EAST COMMUNITY CENTER RECOMMENDATION Staff recommends that the City Council consider the program altematives proposed by the Senior Advisory Committee as well as the staff recommendations and provide staff with direction regarding programs at the Rancho Cucamonga Neighborhood Center. BACKGROUND At the December 21, 1994 Council Meeting, staff was requested to look at program alternatives to promote senior and human services programs with the possibility of shifting some programs to the Lions East Community Center (site of the Old County Library). The Council also requested that the adjacent unimproved parking lot be reviewed. On January 12, 1995, staff met with the Senior Advisory Committee and VIP Club Board Members and conducted a needs assessment workshop to determine and prioritize the program and facility needs for the City's senior population (see attached minutes of the meeting). Staff presented a budget overview of the City, Department and Senior and Human Services programs, outlined the programs currently conducted at the Neighborhood Center and gave a status report on renovation needs for Lions East Community Center. The Committee Members were sensitive to the fiscal needs of the City and the need to accommodate community programs working with limited public facility space. SENIOR PROGRAM ALTERNATIVES & RECOMMENDATIONS 1. The Center must be called a "Senior Center." The Committee felt that the name of the Center should be clearly designated as a Senior Center. This would easily identify where senior citizen programs are being held and especially help present resident and new seniors seeking services locate the facility. 134 CITY COUNCIL STAFF REPORT SENIOR CITIZEN PROGRAM ALTERNATIVES AND PRIORITIES February 1, 1995 Page 2 STAFF RECOMMENDATION: It is requested that the City Council provide a policy direction on whether the Center should be designated as a Senior Center rather than the current Community Center. If the name of the Center is changed, the estimated cost to replace the Center signage is $7,500. Staff recommends that this cost be considered in the upcoming fiscal year 1995/96 budget. 2. Public Transportation to the Center. Public transportation has been an ongoing priority need identified for senior citizens. The Committee felt that the City should continue to evaluate alternatives to improve public transportation to bring senior citizens to Center programs. Staff has been informed that there are some new transit proposals being considered by Omnitrans which may provide assistance to senior citizens. STAFF RECOMMENDATION: It is recommended that this item be referred back to staff for further discussions between Omnitrans, City staff and the Senior Advisory Committee. 3. Increase City Staff'mg at the Center. Due to the large number of senior citizens participating daily in senior programs, the Committee felt that City senior program staff in addition to building attendant staff needed to be present at the Center during these times. Staff has reviewed the weekly scheduling calendar and has made changes to insure that City senior program staff as well as building attendant staff are present when senior citizen programs are being held. STAFF RECOMMENDATION: It is recommended that this item be received and filed as the issue has been resolved. 4. Create a Passive Social Meeting Room. Currently the Royalty Room (Billiard Room) is the only dedicated space for seniors at the Center. The Committee recommended that the Thompson Room which houses the Playschool Program be developed into a passive social meeting room for the seniors. This room would house the new Big Screen TV, the Senior Library, and would be available for movies, travelogues, educational workshops, etc. for the seniors. STAFF RECOMMENDATION: It is recommended that the Thompson Room be designated as a dedicated space for the seniors after the Lions East Renovation Project has been completed. Staff proposes to relocate the Playschool Program to the Lions East Center, and this Renovation Project is currently being reviewed as part of the upcoming budget process. The conversion of the Thompson Room to a senior program space could be accomplished at a minimal expense. 5. Create more parking space for the Center. The Committee recommended that the adjacent vacant lot be improved to create more parking space for senior programs. There are many times when seniors must park on the street as on-site parking is limited. The estimated project cost for the improvements to the vacant property and Center building (Items #5, #6, #7 and #8) is $477,200. 135 CITY COUNCIL MEETING SENIOR PROGRAM ALTERNATIVES & PRIORITIES February 15, 1995 Page 3 STAFF RECOMMENDATION: It is recommended that the construction of this Project be considered after the improvement projects to the existing Lions West and Lions East Community Centers have been completed. Lions East should be renovated first to allow recreation programs to be relocated there. Then renovation can commence at the existing Lions West Community Center. The funding source for the vacant property could be from Community Development Block Grant (CDBG) funds. It is recommended that current available CDBG funds be allocated to the Lions East and Lions West Renovation Projects. 6. Expand the Mission Room and Create a Performing Arts Stage. The Mission Room does not fully accommodate the large number of seniors at major events. The Committee recommends that when the adjacent vacant property is designed, that the Mission Room be expanded to create a larger meeting room space and that a Performing Arts Stage be designed to enhance senior cultural and recreational programs at the Center. STAFF RECOMMENDATION: It is recommended that this item be considered in conjtmction with the vacant property improvement project at which time the additional parking and Center building improvements can be planned concurrently. 7. Develop Exercise & Aerobic Programs. The Committee felt that physical fitness is important for seniors. A Senior Fitness Program is currently offered at the Center. An exercise room was suggested as a future consideration for seniors. STAFF RECOMMENDATION: It is recommended that this item be considered in conjunction with the vacant property improvement project at which time the additional parking and Center building improvements can be planned concurrently. 8. Enclose the Patio. The Committee felt that additional programming space could be created by enclosing the patio between the Grenache and Royalty Room. An enclosed room with a skylight could create an ideal space for an arts & crafts room. STAFF RECOMMENDATION: It is recommended that this item be considered in conjunction with the vacant property improvement project at which time the additional parking and Center building improvements can be planned concurrently. 9. More Adult Classes. The Committee felt that it was important to have classes at the Center to maintain revenues for the Center. It was their feeling, however, that more Adult classes should be planned at the Center to serve the adult and senior population as well as to attract new seniors to the Center. It was pointed out that the existing Lions and the new Lions East Community Centers could be developed for Youth, Family and Adult Programs. Evening and weekend rentals were also recognized as a source of needed revenues for the Center. 136 CITY COUNCIL MEETING SENIOR PROGRAM ALTERNATIVES & PRIORITIES February 15, 1995 Page 4 STAFF RECOMMENDATION: It is recommended that youth programs be relocated to the Lions East and West Centers upon completion of the Renovation Projects and that staff commence developing new adult classes, workshops and programs which can be established at the Center in the future. !0. The Center needs a new Piano. There are two very aged pianos at the Center, one in very poor condition. The Committee recommended that every effort be made to acquire a new piano. STAFF RECOMMENDATION: It is recommended that City staff work with the seniors to develop alternatives, including fundraising and donations, to acquire a new piano. 11. Consider a Senior Day Care Program. The Committee recommended that a Senior Day Care Program be considered. This would be based on a social rather than a medical model. A Day Care program would allow frail seniors to come to the Center and socialize and interact with other seniors. Staff indicated that such a program would need to be carefully evaluated because of the staff time and program costs involved. STAFF RECOMMENDATION: It is recommended that this item be deferred for one year to afford sufficient time for staff and the seniors to work on the above program priorities. Summary The Senior Advisory Committee and City Staff recommends that the City Council consider the above Senior Program Alternatives and Recommendations developed at their January 12., 1995 meeting. The Committee recognizes the importance of timing due to the need to renovate the new Lions East Community Center and the proposed improvements at the existing Lions Community Center. Also recognized is the need to maximize classes and rental revenues to help support the Center. Staff feels that the Playschool Program can be moved from the Center upon completion of the renovation of the Lions East facility. This would allow the Center to have a second dedicated space for senior programs. Staff would like to express its appreciation to the Senior Advisory Committee for their hard work in identifying priority needs for the City's senior citizens. Respect~xlly submitted, unity Services Manager so/semorpgms 137 CITY OF RANCHO CUCAMONGA SENIOR ADVISORY COMMITTEE SPECIAL MEETING AGENDA Rancho Cucamonga Neighborhood Center 9791 Arrow Route Rancho Cueamonga, CA 91730 JANUARY 12, 1995 - 8:00 a.m. A. REGUI,AR MEETING - CAI.I, TO ORDER Pledge of Allegiance to the Flag Roll Call: Tom Baillie Esther Humphries Betty Linker Nancy McCormick Mabel Mercer Grace Parker Kathy Peters Dorothy Stanley Arnold Steenburg Edna Steenburg Elmer Steeve Wilma Steeve Elbert Wilkerson Ann Williams Guests: Commission/Staff: B. ANNOUNCEMF,,NTS AND PRESENTATIONS C. COMMUNICATION FROM THE PURl ,IC This is the time and place for the general public to address the Senior Advisory Committee. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Senior Advisory Committee may receive testimony and set the matter for a subsequent meeting. Comments should be limited to five minutes per individual. 138 D. ITEMS OF RU~INE~S Discussion and Review of Senior and Human Services and Community Programs Conducted at the Rancho Cucamonga Neighborhood Center. F. IDENTIFICATION OF ITEMS FOR FUTURE MEETINGS G. COMMUNICATION FROM THE PURI,IC This is the time and place for the general public to address the Senior Advisory Committee. State law prohibits the Committee fi'om addressing any issue not previously included on the Agenda. The Senior Advisory Committee may receive testimony and set the matter for a subsequent meeting. Comments should be limited to five minutes per individual. H. DATE OF NEXT MEETING January 23, 1995· J. ADJOURNMENT I, Paula Pachon, Management Analyst II, hereby certify that a.true, accurate copy of the foregoing Agenda was posted on January 9 1995, seventy-two (72) hours prior to the meeting per A.B. 2674 at the Rancho Cucamonga Neighborhood Center, 9791 Arrow Route, Rancho Cucamonga, CA 91730. 139 SPECIAL MEETING SENIOR ADVISORY COMMITTEE JANUARY 12, 1995 ITEMS OF BUSINESS: 1. Discussion and Review of Senior and Human Services and Community Programs Conducted at the Rancho Cucamonga Neighborhood Center A. Community Services Department "What We Do" B. Overview of Programs Conducted at the Rancho Cucamonga Neighborhood Center C. Brainstorming of Projected Needs for Programs/Services at the Rancho Cucamonga Neighborhood Center D. Prioritizing of Projected Needs for Programs/Services at the Rancho Cucamonga Neighborhood Center E. Status Report on City Community Facilities 1. Lions Park Community Center 2. Old Library Facility 3. Rancho Cucamonga Neighborhood Center 140 CITY OF RANCHO CUCAMONGA SENIOR ADVISORY COMMITTEE SPECIAL MEETING MINUTES January 12, 1995 AI. BI. CI. DI. A. SPECIAL MEETING - CALL TO ORDER The meeting was called to order by Suzanne Ota, Community Services Manager at 8:10 a.m. The Pledge of Allegiance to the Flag was led by Suzanne. Roll call indicated the following individuals in attendance: Committee Members: Ester Humphries, Better Linker, Nancy McCormick, Mabel Mercer, Kathy Peters, Dorothy Stanley, Arnold Steenburg, Edna Steenburg, Elmer Steeve, Wilma Sleeve, Elbert Wilkerson and Ann Williams. Guests: Don Carroll, Miriam McIntosh, Ed Mclntosh, Robert Anuba and Hilda Phillips. Commissioners: Ann Punter. Staff: Suzanne Ota, Community Services Manager, Paula Paehon, Management Analyst II, Chris Worland, Recreation Coordinator, Artira Peterson, Seniors-Recreation Leader, Lisa Russek, Human Services-Recreation Leader. B. ANNOUNCEMENTS AND PRESENTATION None C. COMMUNICATION FROM THE, PURl ,IC None D. ITEMS OF BUSINESS Discussion and Review of Senior and Human Services and Community Programs Conducted at the Rancho Cucamonga Neighborhood Center. Suzanne Ota explained the purpose of this special meeting is to review the current senior programming, recreational and human services, at the Rancho Cucamonga Neighborhood Center and to discuss "needs and wishes" for additional programs and/or facility usage. Ms. Ota advised the Committee that the City Council has requested a report on this topic at their February 15, 1995 City Council meeting, 141 Ms. Ota began the meeting by sharing information with the Committee about the Community Services Department and the wide range of programs and services it provides the residents of Rancho Cucamonga. She then reviewed the City's 1994-1995 fiscal budget. Along with this information Ms. Ota reviewed a report on Senior Services Programs for the fiscal year 1994/1995. This report explained that the majority of the funding for Senior Programs comes from the City's General Fund. While discussing the General Fund, Ms. Ota explained the effect of Proposition 13 on Rancho Cucamonga, especially in comparison to neighboring "pre- Proposition 13" cities. Also included in the report was an ou~ine of the cost of providing senior services for fiscal year 1994/1995. Before beginning the discussion on projected needs and/or programs for seniors, Ms. Ota distributed a diagram of the rooms at the Neighborhood Center. Paula Pachon then distributed a set of minutes from the Senior Advisory Committee meeting from April 11, 1992. The purpose of this meeting was also to discuss ideas for expanded senior programs and services. Ms. Pachon pointed out that several of the items identified at this 1992 meeting have since been implemented by staff. Ms. Pachon then distributed a staff report dated December 21, 1994. Ms Pachon explained that this report was compiled by staff for the City Council. She also explained that the report outlined all the current programming and rental usages at the Neighborhood Center, including information on estimated revenue from these programs/rentals. The meeting then continued with a request from Ms. Ota for definite ideas for new or expanded programs and/or facility uses at the Neighborhood Center. After all the ideas of the Committee Members and guests were listed on a flip chart, the group then prioritized the items. During the prioritization process the subject of fee programs arose. The Committee agreed that the programs should be as low fee as possible, but acknowledged that fees would be necessary to cover the cost of some classes/programs. The Committee Members and guests then began the process of brainstorming ideas of projected needs for programs/services at the Rancho Cucamonga Neighborhood Center. Once the list of ideas was developed the group then prioritized these needs. By consensus the Committee Members and guests developed the attached list of projected needs for program and services at the Neighborhood Center (see attached). Suzanne advised that the ideas developed and the prioritized list of needs that were developed by the Committee at this Special Meeting of the Senior Advisory Committee would be presented to the City Council at their February 15, 1995 meeting. Ms. Ota then reviewed the status of the old library facility and explained that staff will be presenting ideas to City Council for the use of this facility also. 142 FI. F. IDENTIFICATION OF ITEMS FOR FUTURE MEETINGS The following items were identified by the Committee as items for future meetings. Update on Art Tournament Discussion of the Card Tournament G. COMMUNICATION FROM THE PUBLIC G1. None H. DATE OF NEXT MEETING HI. January 23, 1995 - 9:00 a.m. - Rancho Cucamonga Neighborhood Center I. ADJOURNMENT I1. By consensus the meeting was adjourned at 9:50 a.m. 143 Brainstorming of Projected Needs for Programs/Services at the Rancho Cucamonga Neighborhood Center * Library/Big Screen TV (Thompson Room) * Exercise Room with Equipment * New Piano/Lessons * Move Playschool to Lions East * Permanent Craft Room * Area for Theater/Cultural Arts Programs * Aerobics Room * Education Classroom * More Classes * Expand Mission Room to Hold All Seniors * More Parking Space * Better Public Transportation * Need More FT Staff Support at the Center * Enclose the Patio for More Use * Need Information Records on All Seniors Participating at RCNC * More Adult Classes * Travelogues on Big Screen TV * Nutrition and Health Classes * Senior Day Care * Bridge Lessons * Name "Senior Center" Will Attract More Seniors * Human/Social Services Classes/Workshops * Keep Programs at Low Cost Prioritizing of Projected Needs for Programs/Services at the Rancho Cucamonga Neighborhood Center 1. Center must be called a "Senior Center" 2. Public Transportation to Bring Seniors to the Center 3. Increase FT Staffing at the Center 4. Make Thompson Room Available for Library/Big Screen Television Use 5. More Parking 6. Expand Mission Room (seniors need to be together) 7. Exercise & Aerobic Programs 8. Enclose the Patio 9. More Adult Classes (all types of classes) 10. Piano 11. Senior Day Care DATE: T~. FROM: SUBJECT: CITY OF RANCHO CUCAMONGA February 15, 1995 STAFF REPORT Members of the City Council Jack Lain, AICP, City Manager Duane A. Baker, Assistant to the City Manager DISCUSSION OF AN ORDINANCE TO PREVENT CONVENIENCE STORE ROBBERIES The last time that the City Council discussed this matter, they reviewed the Gainesville ordinance with the exception of a provision requiring two clerks after dark. Before moving forward with an ordinance, the City Council directed staff to meet with convenience store owners and managers, the chamber of commerce and other interested panics to get their input. The workshop was held on January 26, 1995 and was attended by representatives of the Chamber of Commerce, the California Grocers Association, the Southland Corporation, Mobil Oil, individual 7-11 franchisees, and one independent liquor store owner. During the discussions at the workshop, the majority of the business representatives felt that the City should be encouraging compliance with guidelines rather than mandating rules which can't effectively be enforced. It was suggested at this workshop that the objectives of the City will be better met by working in partnership with the business community rather than imposing mandates that add costs to the business. To demonstrate its commitment to a cooperative solution, the Chamber of Commerce offered to host annual forums or training sessions on robbery prevention and safety. In addition, the Southland Corporation offered to make all of their robbery prevention materials available for the City's use at no cost. It was suggested that these materials along with input from our own Crime Prevention Unit could help make a robbery prevention handbook and a set of guidelines specific to Rancho Cucamonga. These material could be distributed to all related businesses and annually reinforced by sessions hosted by the Chamber of Commerce. Finally, it was recommended at this workshop that the City modify specific parts of the current Development Code to help enhance public safety. An example might be requirements for exterior and parking lot lighting. In general, the business representatives at the workshop felt that a voluntary and collaborative approach combined with a tightening of existing City regulations should be tried first. These representative felt that these steps would meet the goals of reducing convenience store robberies without placing an undue burden on local businesses. CITY COUNCIL MEETING ORDINANCE FOR PREVENTING CONVENIENCE STORE ROBBERIES February 15, 1995 Page 2 One option before the City Council are to adopt the ordinance already considered at a previous meeting, whose key provisions are: Removal of signs posted in windows to provide a clear and unobstructed view of the cash register and sales area; Locate sales area so that the clerk and customer are clearly visible from the street; 3. Post a conspicuous sign in the window which states: a) h) c) the cash register has $50 or less, employee has access to $50 or less, and a drop-safe or time release safe is maintained in the store; Parking lots are to be lit at an intensity of 2-foot candles per square foot, with a uniformity ratio of no more than 5:1; Install a security camera of a type and number approved by the city; Provide mandatory robbery prevention training to all employees who work between the hours of 7 PM and 5 AM; Require two employees be on duty between the hours of 8 PM and 4 AM. Another option for the City Council is to accept the suggestions of the business community and direct staff to prepare robbery prevention and safety materials to be distributed to convenience and neighborhood stores. Along with the above, staff would also be directed to examine the development code for current regulations that could be modified to further the goal of improving public safety. Rejectfully Submitted, Duane A. Baker Assistant to the City Manager /dab 146 CITY COUNCIL ORDINANCE NO. CONVENIENCE STORE REGULATIONS Page i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.28 TO THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO CONVENIENCE FOOD STORES. WHEREAS, homicides and robberies at Convenience Food Stores between the hours of S p.m. and 4 a.m. may result in loss of life and/or property and is contrary to the public health and safety and the welfare of the employees and customers of Convenience Food Stores; and WHEREAS, these regulations provide essential requirements that will minimize or eliminate a significant number of incidents of homicide and/or robbery at Convenience Food Stores; and WHEREAS, on August 23, 1994, a public workshop was conducted to obtain public input; and WHEREAS, on , 1994, the City Council conducted and concluded a duly noticed pubic hearing concerning the subject amendment to the Municipal Code; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rancho Cucamonga, California: S~CTION 1: The Rancho Cucamonga Municipal Code is hereby amended to add a new Chapter 9.28, to read, in words and figures, as follows: Ch~ter 9.28 CONV~NI~NC~ FOOD STORPS. Sections: 9.28.010 Definitions. 9.28.020 Regulations. 9.28.010 Definitions. The following terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. "Convenience Food Store" is a business establishment that: 147 CITY COUNCIL ORDINANCE NO. CONVENIENCE STORE REGUIj%T!ONS Page 2 DRAFT 1. Derives 50 percent or more of its gross income, excluding motor fuels, from the sale of goods, merchandise, or other articles of value in their original containers; and 2. Offers a limited quantity and variety of food, household, and sundry items; and 4a.m.;and Operates at any time between the hours of 8 p.m. and 4. Does not sell or have for sale prescription drug items. B. "Owner" is the person, corporation, partnership, joint venture, or other group enterprise having lawful possession of the premises upon which the Convenience Food Store is operated. C. "Employee" is the person, corporation, partnership, joint venture, or group enterprise legally responsible for the day-to-day operation of the Convenience Store. 9.28.020 Re~ulations. All Convenience Food Stores shall comply with the following regulations: A. Locate any signs posted in the windows so as to provide a clear and unobstructed view of the cash register and sales area from zhe street. S. Locate the sales area so =hat the clerk and customer are fully visible from the street at the time of the sales transaction. C. Post a conspicuous sign, not exceeding 2 square feet in area, in the window which states the cash register has $50.00 cash or less in it. D. Have no more than $5o.oo cash available and readily accessible employees. E. Maintain a drop-safe or time release safe at the Convenience Food Store which is bolted to the floor or installed in the floor or weighs at least 500 pounds. F. Post a conspicuous sign, not exceeding 2 square feet in area, in the window which states that there is a safe at the store and it is not accessible to the employees. 148 CITY COUNCIL ORDINANCE NO. CONVENIENCE STORE REGULATIONS Page 3 DRAFT G. The entire area of the parking lot area utilized by customers of the Convenience Food Store must be lighted during all hours of darkness when the employees and/or customers are on the premises as follows: 1. Minimum average maintained illuminance must be two foot candles or greater wlth a uniformity ratio (average to minimum} of no more than 5:1. 2. Additionally, all such lighting shall be in accordance with the applicable City's Lighting Code requirements, and shall be verified through the submittal of a detailed lighting plan to the Planning Con~nission and the Crime Prevention Bureau of the Rancho Cucamonga Police Department. H. Install a security camera of a type and number approved by the City Manager or his designee. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through pro3ection or other means. Cameras meeting the requirements of this section shall be maintained in proper working order at all times and shall be sub3ect to perlodic inspection by the City Manager or his designee. I. Any owner or employee who works between the hours of 7 p.m. and 5 a.m. at a Convenience Food Store shall complete a course in Robbery Prevention to be given by the Rancho Cucamonga Police Department, or a program certified by the City Manager or his designee, within 30 days after he or she begins employment. If the Rancho Cucamonga Police Department's Robbery Prevention course is utilized, the City Manager or his designee shall determine the cost of training per employee to the City and the Convenience Food Store shall pay the cost to the Rancho Cucamonga Police Department prior to the training of the employee. S~CTION 2: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decislon shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion =hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portlots mlght subsequently be declared invalid or unconstitutional. S~CTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inl~na V~ilev Daily Bulletin, a newspaper of general circulation published in the City of Ontarlo, California, and circulated in the City of Rancho Cucamonga, California. 149 CITY OF RANCH0 CUCAMONGA STAFF REPORT DATE: T~. FROM: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager PROGRAMS USED BY CITIES AND INTERESTED PARTIES IN OFFERING AND MAINTAINING A REWARD PROGRAM The City Council asked the staff to look at programs that offer rewards for information leading to the apprehension of criminals. WeTip is the program that is currently in use by Rancho Cucamonga. WE TIP In the City Council's discussion of this issue it will be important to know first what program is currently available to the City. Nearly 100 cities, along with Rancho Cucamonga are members of WeTip. WeTip is a non-profit group that started in 1972 in the Inland Empire as an anonymous hotline to turn in drug pushers. Since that time, WeTip has expanded its efforts nation wide to provide toll free anonymous "tip" lines and rewards to help law enforcement and other public safety agencies solve crimes. This toll free "tip" line is available to our City and all tips are passed on to the appropriate law enforcement agency. WeTip also provides rewards of up to $1,000 for information that leads to the arrest and conviction of criminals. In addition, WeTip has worked with the City in the past to develop special programs to address specific needs such as graffiti. Another program offered by WeTip is their Extraordinary Reward Program. This program is a resource that allows for a large reward to be offered on a specific crime. The money for the reward is raised by interested parties and WeTip provides its "tip" line and also publicizes the reward with posters and other media coverage. We Tip works directly with the lead investigator on the specific case to insure that all tips are funnelled to the right person. CRIME STOPPERS A program utilized in Upland and Ontario is Crime Stoppers. This program is run completely by community volunteers. In cooperation with the local police department, a telephone line is established at the police station to receive tips 24 hours a day. The tips received are anonymous to help encourage people to provide information. All rewards given by Crime Stoppers are determined by their own board of directors, which is made up of community volunteers, and these rewards can go up to $1,000. In addition, Crime Stoppers also has annual fund raising and friend raising events to raise awareness and to raise money for the reward fund. Crime Stoppers also works with local police in REWARD PROGRAMS February 15, 1995 Page 2 highlighting a crime of the week to be publicized. This publicity helps raise awareness on a specific crime and also makes people aware that Crime Stoppers is there to take information on any crime. The Crime Stoppers group feel that their strength lies in the community involvement needed to make a volunteer operation like theirs work. CASE SPECIFIC REWARDS In some communities, a reward will be put up by concerned community and business leaders in response to a specific crime. Normally, an account is opened at a local bank and donations are received from concerned individuals and businesses. Communities where this occurs normally don't have a Crime Stoppers, WeTip or similar organization to handle the reward and the information. Tips in these cases normally go straight to the police department. These rewards are one time only and are tied to a specific case and are not associated with any sustained reward or crime prevention program. SUMMARY Most communities rely on outside non-profit organizations and individuals, such as WeTip and Crime Stoppers, to provide for rewards while some communities react only to specific cases. In all cases, the goal is to bring a criminal to justice through participation with a program that continually provides information to law enforcement and that has an established mechanism for accepting anonymous tips and paying out rewards. The City currently belongs to WeTip which accepts information and offers rewards of up to $1,000. The City has had an ongoing relationship with WeTip and feels comfortable in supporting an already excellent crime deterrent program. Respectfully Submitted, Duane A. Baker Assistant to the City Manager /dab DATE: FROM: SUBJECY: CITY OF RANCHO CUCAMONGA February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager STAFF REPORT Duane A. Baker, Assistant to the City Manager DISCUSSION OF REESTABLISHING THE PUBLIC SAFETY COMMISSION AND OTHER ALTERNATIVES The City Council has asked staff to look at issues surrounding the Public Safety Commission as well as similar bodies in other cities. This information is to help the City Council in their discussions of whether the Public Safety Commission should be reestablish or whether some alternative would better serve the needs of the community. The Public Safety Committee, later to become the Public Safety Commission, was established to address some very specific objectives. These objectives included reviewing the City's disaster preparedness capability, review of the paramedic issue, and review of the idea of a City run police department. The Public Safety Commission fulfilled all of its original mandates and more when the state financial crisis took its toll on Rancho Cucamonga. As pan of an overall cost saving and streamlining program, the City Council decided to eliminate the Public Safety Commission and to handle public safety matters through their own Public Safety Subcommittee whenever necessary. In researching this matter, staff contacted a number of surrounding communities to see if they had public safety committees, commissions or other similar groups. Staff contacted ten local cities and requested information on the state wide computer bulletin board, CityLink. The results were that none of the local cities had a public safety committee or commission made up of residents although one city had a committee of staff people that met regularly to discuss public safety issues and service delivery and another city had a traffic advisory committee made up of staff and some residents. In response to our inquiries over CityLink, we received one response from a city that has a subcommittee made up of city council members, the police chief, the fire chief, and some other city staff. Unfortunately these other cities did not provide an appropriate model for the purposes of this discussion. Absent a good model outside our City, staff focused on the comments made by the City Council regarding this issue. First, the City Council wanted to increase and expand public participation and input on important public safety issues. Second, the City Council wanted to create a setting in which citizens did not feel intimidated where they would be more comfortable in raising concerns. Keeping the City Council's goals in mind and recognizing the limited staff resources, the following would be recommended: 151 DISCUSSION OF REESTABLISHING THE PUBLIC SAFETY COMMISSION February 15, 1995 Page 2 PUBI,IC SAFETY FORUMS/SEMINARS Hosting public safety forums that include seminars would be a good way of increasing communication and interaction with the public in a manner that is not intimidating. A public safety forum would be an event held at a local park, community center, or shopping center that gets our public safety personnel out into the community. In addition to displays and educational materials, it is an opportunity for us to share important information with the public and more importantly for the public to share their observations with us. As was done in he past, the community seminars on public safety issues proved educational. An example would be the gang seminar hosted by the City two years ago or the Red Ribbon Week programs that attract hundreds of residents each. This seminar provided important information to the public and allowed us to hear their concerns and questions as well. These events, conducted separately or concurrently with the safety forums, can be designed to address specific topics in response to trends in the community. City Council members can also provide a level of participation at these events. These events give the City a flexible tool that maximizes public participation with the most effective use of staff resources. This method will involve greater levels of public interaction on general public safety issues than the Public Safety Commission format can achieve. TASK FORCE. STRUCTURE Another tool that the City can use use is the task force structure. From time to time issues come up that are specific to a neighborhood and are best addressed with the residents of that neighborhood. Instead of having the residents come to city hall for a meeting before a commission, a task force can be sent to meet with the residents in the neighborhood. Staff resources can be focused on the problem, develop and implement solutions in a finite period of time. This meets the needs of the residents by providing a forum for their concerns on their own "turf" that is less intimidating than a formal commission. Also, a task force uses staff time efficiently as the task force is dissolved once the need has been addressed rather than providing ongoing support for a standing commission which has the likelihood for "make work" projects. The task force structure has been used successfully in the City in Southwest Cucamonga to deal with gang and crime issues and in the neighborhood north of Rancho Cucamonga High School to deal with traffic issues. PUBLIC SAFETY AND CAB! .E TEl .EVISION To further enhance the reach and scope of our crime prevention, fire prevention, and other public safety programs, cable television can be used to get the message out to even more citizens. Shortly, the City Council will be discussing the government portion of the PEG access channel for cable television. Part of that program would enable us to run videos on crime prevention topics. Also, the community bulletin board could be used as a way to get information and important announcements to the public's attention. 152 DISCUSSION OF REESTABLISHING THE PUBLIC SAFETY COMMISSION February 15, 1995 Page 3 These efforts would enhance our current crime prevention programs such as neighborhood watch and business and home security checks and fire prevention as well as other community public safety programs. PO! .ICF. DEPARTMENT CITI73~._.N ADVISORY COMMITTEE In discussing the City Council's objectives with our new Police Chief, he suggested that a program that Sheriff Penrod was having each of his stations start might fit in well with the efforts mentioned above as well as the City Council's goals. The program in question is a citizen's advisory group which represents a wide cross section of the community rather than five or seven hand picked commissioners. This new group is made of community leaders picked by the Police Chief to provide direct interaction with the Police Department. The community leaders would be representative of different neighborhood associations, the business community, ethnic groups and other organizations. In other cities where these groups are in place, the membership consists of 30-40 individuals. The meetings are held every other month or quarterly and provide an opportunity for the Police Chief to talk informally about trends in the community, new programs and other items of interest to the community. After the presentation, the members of the group have an opportunity to discuss any concerns or issues that they have. The main purpose of this group is to foster better communication between the Police and the community. In addition to the meetings, the committee members will be contact points in the community. If issues arise between meetings, we can use the new automated phone system to call automatically all of the committee members and give them the information. The cities of Hesperia and Victorville have had these programs in place for several years and are very happy with the outcome. To these cities, the main benefit has been the opening of communications between the police and the community. Community leaders come to know the Chief of Police and feel comfortable calling him with concerns or issues before they become problems. RFCOMMENDATIONS The City Council is discussing this matter out of their concern for improved public safety and communication between the City and its citizens. The Public Safety Commission that we had, filled a role at that time and met its original objectives. The goals that the City Council has in mind now are different and staff would recommend the options described above and summarized below as a way to move beyond a limited Public Safety Commission to address those goals with the most efficient use of staff resources. DISCUSSION OF REESTABLISHING THE PUBLIC SAFETY COMMISSION February 15, 1995 Page 4 Public Safety Forums/Seminars Task Force Structure Public Safety and Cable Television Police Department Citizen Advisory Committee These recommendations would be more effective in providing greater public participation and would allow City Council participation at a policy level. Respectfully Submitted, Assistant to the City Manager /dab CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: February 15, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Mr. Hudgens, CalTrans, gave a brief overview of CalTrans role in the freeway design and construction. Mr. Cohoe, CalTrans, then gave a detailed presentation on the development of the freeway profiles. Mr. Cohoe covered the original proposed above grade profile and then followed with detailed explanations of the depressed profile and a "new" profile introduced at this meeting referred to as the "at-grade depressed" profile. The presentation included the relative advantages and disadvantages of the various profiles and also the cost implications involved for the various types of construction. Mr. Cohoe had a handout describing the various profiles and significant features relative to each and is attached for your information. Mr. Cohoe then proceeded to describe the geomelrics of each of the five on/off ramps in the City of Rancho Cucamonga. These are at Carnelian Avenue, Archibald Avenue, Haven Avenue, Milliken Avenue and future Day Creek Boulevard. City staff then gave a short presentation which acted as a backdrop for the Task Force's discussion on interchanges. The handout relative to this information is also attached. After staffs presentation, Task Force member Doris Beckner gave a short presentation with a handout relative to her work in investigating interchanges in her area. Ms. Beckner stressed the committee needs to spend time investigating interchanges and the implications thereof. After these presentations there was discussion among the committee members regarding not only the profile but also the interchanges. All are in agreement that there was a great deal of information to absorb in one meeting. The Chairman requested the committee members take time to digest this material and over the next few days prepare questions regarding this information. Questions are to be mined in to the City Engineer who will provide answers as applicable and provide this information with the agenda. This should encourage more discussion regarding these issues at the next meeting. 155 CITY COUNCIL STAFF REPORT ROUTE 30 UPDATE February 15, 1995 Page 2 The Task Force was in agreement that these issues are extremely important and the time should be taken to fully develop the issues regarding both the profile and the interchanges. The Chairman requested staff to prepare traffic information regarding impacts on local streets if the interchanges are eliminated. The CalTrans representatives agreed to keep the profile and presentation material at City Hall for the next month. Committee Task Force members were encouraged if at all possible to review this information prior to the next meeting scheduled for March 14, 1995. The Task Force agreed the next agenda will begin with the discussion of profile and interchanges again and other items will be taken in successive order as time permits. The next meeting is scheduled for Tuesday, March 14, in the Tri-Communities Room. The group further agreed the meeting time will begin at 6:00 p.m. as this appears to allow a lot more time for discussion on these very important issues. Respectfully submitted, William J. Alexander Mayor WJA:dlw Attachments 156 0 r.~mH .._~ O' mmmrn ~ I-. 7~>- 0o~ uj o _~ 1.9..° Z O~ I-- I >. ,( LU n" ,, Z I-- ,,, n- Z ~ Z ~ ~ _ > ~o~ ~ ~ Z D .- 0 0 157 INTERCHANGE CONSIDERATIONS General Plan and Circulation Element · Arterial and collector street pattern is dependent on freeway access. One mile urban design Designated interchange allow use of freeway by entire City · Interchanges allow maximum use of freeway. · Access should be equal for all areas and business community. · Shiedng or removing interchanges creates impacts on other areas. Impact on local circulation and neighborhoods · Lack of interchanges causes more travel on arterial and collector streets between remaining interchanges. · Lack of sufficient interchange will cause neighborhood streets to have through traffic as motorists search for short cuts. Impacts on Service Levels at remaining interchanges · If interchanges are eliminated remaining interchanges will have "failure" level congestion on both the ramps and major City streets. · Adjacent City street intersections will also reach failure levels of service. 158 /~ 159 ,._.! , ~ ~ =I L---1 ROUTE 30 AD HOC TASK FORCE MEETING (January 10, 1995) February 7, 1995 SUBJECT: ON/OFF RAMPS Thank you Mayor Alexander, Rancho Cucamonga department heads, Caltrans, SANBAG representatives, and all others for your willingness to listen to the homeowners concerns and problems that will affect them as you make Route 30 Freeway plans and decisions to be presented to the council. In reading SANBAG's 'Responce to Comments from Route 30 Public Meeting; May 10, 1994', four main issues of concern dramatically stood out: 1. Elevation or Profile 2. On/OffRarnps 3. Sequencing 4. Increased Crime Several momhs ago the council saw fit to approve a resolution for a completely depressed prof~e. I'd like to thank council for their responce and proactive approach to the residents concerns. Because the council has already approved the resolution for a completely depressed freeway, in the interest of time, it may be best for this Ad Hoc Committee to focus only on the depressed profile. There remains three other major issues of concern expressed by residents attending the May 10, meeting. · On/Off ramps · Sequencing · Crime? Over the past several months, I have gathered the following information by personally walking the area outlined in red on the attached maps, speaking to the residents, and reading SANBAG's 'Responce to Comments' publication. I would ask that you please consider the details of my research carefully. It is my humble opinion that this information may reflect some genuine logistical and safety issues involving both pedestrian and vehicular access to schools, homes, and businesses to be bracketed between the proposed Archibald and Haven On/Off ramps. 161 I understand that the On/Off Ramp subject is just one aspect of overall freeway planning and the possible problems to those living and doing business in the area east of Archibald and west of Haven are issues representative of only one neighborhood. However, at my age, I am not capable of conducting the same research in all the areas in our city that will be impacted. Perhaps the 'micro view' can help serve to enhance the 'Big Picture'. Please refer at the artached fact sheet. Notice how many homes, townhouses, and apartments are in this small area; it contains lots ofpeopi~ Maybe we should consider some things besides getting on and off the freeway. Most households have 2 cars these days, that's 955 dwellings using conservatively 1,910 cars with only one way in and out of their respective neighborhoods. Carefully examine the drawings showing details of how on/off ramps will connect to surface streets. Questions: Will there be a frontage road between the freeway and the area outlined on the map? Will these neighborhoods have entrances to the frontage road? Wrdl the fi'ontage road provide for 2-way or only 1-way traffic? Will the Haven Ave. on/off ramps connect directly to Haven or use 19th as an access road? Are there plans to install any traffic lights in the 1 mile area of 19th between Archibald and Haven? (Currently posted 45mphJ actual average 50+mph) What provisions are planned for traffic control on 19th street? Notice the number of schools in or adjacent to this area; families with children live in neighborhoods with schools close by. There are currently 4 schools with 2,~00 students enrolled. There are lots of kids, approximate ages 5 - 15, walking to and from schools and parks every weekday morning, lunchtime, and afternoon. Pedestrians presently crossing 19th street face a 45mph (posted) four lane highway, using 2 unsignaled crosswalks and 2 pan time crossing guards in the 1 mile area between archibald and Haven. I have spoken to these crossing guards: One that used to work at ( at 19th & Hermosa) had been hit by cars twice, and had many near misses; the other ( at 19th & Canilia) said he has also had many near misses and considered quitting due to concern for his safety. 2 162 O.J:esfions: Will crossing signals be installed at comers where children regularly cross 19th street for school? (Ramona, Hermosa, Cartilla) Will there be crossing guards on duty? Will heavy trucks be using 19th street during construction? Will any fleeway arteries be posted as school zones during peak traffic hours? According to the SCAG Baseline Population Forecast ( refer to SAArBAG'S 'Responce to Comments' Page 15 ), Rancho Cucamonga's population will grow 117.5% by the year 2010. This committee's recommendations could effect whether or not our city continues to be considered a desirable place to live and work for that future population. It is my hope that the Ad Hoc committee will sharply focus on each on/off ramp as a critical pan of the overall fleeway package. Our recommendations to the council regarding the 'fine details' need to be treated with the same priority as the issues themselves. I am continuing to gather information for this committee as I am able and will be happy to offer some assistance to anyone wishing to study other impacted areas. Thank You, Doris M. Beckher One Senior Citizen at Large FACT SHEET SUBJECT: Haven and Archibald On/OffRamps Distance Between: 1 Mile Dwellings: Main Area Wedge area Barassa Apartments Loma Vista Woods = 623 = 166 = 66 -- 100 Total Dwellings = 955 Approximate Total Cars 1,910 Schools: Vineyard Middle School Deer Canyon Elementary Brethren in Christ School Highlaud Christian School 931 1019 300 Total Students Enrolled = 2,500 164 ¢ Lack of access to getaways may help city CRIME: Being away f~}.t frl~wuys and emphasis on eomnlunity polic- ing tu~ among the facU's c~ited f~ HuntinDn's ~lative safety- HUNTINGTON B~ -- Bad freewaY a~ess may ~ one of the main naml HunUnion Beach hM ~e u[ ~e lowell crLme tales m ~e nal~. a bu~m leader subBraN ~U~my. And a io~ard-thiu~8 Poli~ ~urtm~t and punic revolvemerit thrush ~nfiy-~a~ lLcinl p~g~ms dane s~e of the c~it, Voti~ ChiefRun,won--t a~mmmumtyleaderM~sd. A new Mmk'a ~B~Mllga tit Hulingten Nach was Ametiu's safest city in IW3 is ~onliltent past reports wh~mi thlt Surf City ~d the 15tb lowut came rate or lower among cities with iuo.~ ~sidents or more, Only fryins -- which had the seventim loweli ~rnme rate I~on8 cries with l~.~ or morc dents m IvY3 -- rauked ~tter iraohM Orange Coun- ty communities. The ~R, ~ity Crime RanmaRs. rnnkN only the nati~'s 1~ hiegut cities. Hunttn~ Beach's ~pututiun t~k n (ew m l~ after ~o m~ t~, ~nnM down Main ~lre~t and a "~kin~d" family shot a b~ck man ~tM~e a McDonmld'm restam'ant. of ~le~ NIj~e b~tlHty du~g a Fou,h of Jdy nlcl, p~mptN the FBi to launch a civil-ri~ts in~ltgatmn despite heated ~s by city and pub~ dficlm~. "But ir xeu i~ at tM statetics, ~r cram ram ~n~ m p ~," ~0n~I s~d. ~ ~tc, ex-ml~r and I~m~ c~mirm~ the De,town B~,s Areaim, ub~ ~lt b~ ~bbe-- and other eramats fi~ tt h~d to make qmck getaways ft~m !iu~atun cauR Ihe froway is so far awe . The FBI discomics t~ u~ o~its ~ta to magi city-t~cllY ~mpi~l~l ~cm~ [l~ Accoming te Qty Crime Ranlines, · rt~erance citefling eJle suitus of ~rlme m AmIFKa'S ciUe~ ann meWOOOlibln areas. ~ i1~ l(} saint U .5. titsea The list is kaleci on lyerage riokeaTs of crime. from violent cr~mes to pri3~eRy-tetated Crimes CJe/ Avg. mml° 2. GlentiNS 6 0~ 3. Fremonl. 6.50 d. HonO4ulu 7 67 , 4. Virginia Belch. VA ? 67 6. MadelOre. Wl R 17 7. Li~oln. NE 8..~ln Jole 13.13 9. DOI Mote, IA 14 SO 10. YontOPS. NY $1, CO4UmI:NI, CtA 11. Me!&AZ 1813 13. COCOratio $11nn~s, C.O 20. 17 14. Aimington, TX 21 .! ] 15. LulN~:t. TX Z2J3 16. RNNeh. NC 24,17 17. Leanfinn-layette. ICY 25.17 18 Motqtgomery, AL 26,67 1~. $po~arw, wA 20. Louiswile, KY Z7 33 b!~ rite. OreWill vMl~fit-r, ttell ~ ~ OWrili Crlf~e rite. The lower He ri41, ~hl (~sef te I raMuriC el 1 (aM ~he ,afar We thin pol:ee-departmcnt Idaquacy C Jill affect crinte ruraL 5nee cilies have smell Ix)plaJutim~i but hie or triple m si~a 'lul'~l the day beenuns of loom or Industry. · ' lt's not ;air In ramk a city Just based on their cr3me rate because ll;erc ,'ouid bo other factors involved," said Nancy Ca, · writer and eaitor rot me 1:sr, tjed[om crime Relmf'a profree. Scott Merlin. editor ot Qty Crime RanklaP. allreed [hat readers shouldn't jump to cenctgslees about wbut melt city'l rankleg mess. · 'All we'N doinl il Idlowinl yen where m r6ok. It'll up Io yon to rind out why." Morgan "These k,nae of rinkisis Kelp put thinp its per- spectjvu Md ihow bow much betlcr or worn off thinp are m your c~ty." Huntington named safest city CRIME: The prazotmoement ~mee in a new asdmaJ c~me-etsdatLo8 ~ ~M~ ~ a~y~t'ENen~MMio~ ~e~,and i~ov~ The~e~~ ' t~em~of~ ~m~W nd a ~bi ~0. MI a m~np. x ~ w new ~ ~ at ~W. 'We a e'm ~ m ~ ~ mr. U~e In im ~ ~don, ~ ~ ~ ~, ~7 m a; ~ A~m wm m~ ht of ~ m~ m, ca u Im d~." w w ~wm~b~mx emeMr~me.~S RESPONSE TO COMMENTS FROM ROUTE 30 PUBLIC-MEETING MAY 10, 1994 June 8, 1994 '1 lllilli °I -i' : 169" f CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: February 15, 1995 TO:. Mayor and Members of the City Council Chairman and Members of the Redevelopment President and Members of the Fire Board FROM: Jack Lam, AICP, City Manager SUBJECT: Correction in Agenda Items for the City Council, Redevelopment Agency and Fire Board. On the February 15, 1995 agenda for the City Council, Redevelopment Agency and Fire Board, there is an item from the Redevelopment Agency staff, seeking approval of the sources of payment for the Educational Revenue Augmentation Fund. This staff report is found on the following pages: Redevelopment Agency ......... Page 10 Fire District ................................Page 18 City Council ...............................Page 17 The source of funding identified as "Fund 25/Fire Facilities Fund" notes incorrectly that the money is from "tax increment." The actual source of payment is "bond proceeds" from the 1990 Tax Allocation Bond issue. MEMO TO: FROM: SUBJECT: BIll Baldy View Region DATE: All Mayors & City Councils Frank Williams, Executive Officer February 15, 1995 SCAG General Assembly, March 2, 1995, Proposed Bylaws Amendment - Past President Membership on Regional Council The SCAG Regional Council voted (17 ayes to 11 noes) on 2/2/95 to forward to the SCAG General Assembly a proposed bylaws amendment that would allow Past Presidents who remain in public office perpetual representation with voting rights on Standing and Policy Committees and full compensation when they have not been voted as a representative to the Regional Council by their SCAG District. (See enclosed staff report dated January 20, 1995). We urge your General Assembly representative to oppose this bylaws amendment. Our interest in this proposed bylaw amendment relates directly to the fact that the policy and substance SCAG produces is directly related to the structure of the organization. SCAG policies have the potential to greatly impact your city. Procedurally, this bylaws amendment has not met the prerequisites for consideration by the General Assembly. Article IX of current SCAG bylaws require that at least 30 days prior to the General Assembly meeting, a copy of the proposed amendment with the recommendations of the Regional Council and its reasons therefore be forwarded to General Assembly members. Since the Regional Council voted on February 2, its recommendations would not have been available (even if faxed to General Assembly representatives that same day) for 30 days prior to the March 2, General Assembly meeting. Further, Past Presidents of SCAG that do not garner support of their District should not serve with voting rights on SCAG Standing and Policy Committees. This is an insult to the representative system -- a system that recently has been observing term limits, not perpetual public service. From the public's perspective, rather than preserving institutional memory this amendment borders on cronyism and, if enacted, will compromise the credibility of SCAG as a public body. Again, we urge you NOTto adopt this bylaws amendment. Should you have any questions, please call me at 909-945-1884. 9227 Haven Avenue, Suite 280 · Rancho Cucamonga, California 91730 · (909) 945-1884 · FAX (909) 948-9631 To: From: 02/15/95 10:11 81R OF SO C~LI~O lVlEMO~UM ]~P~ 20, 1994 NominatinZrResolutions/Bylaws Committee Administration Committee/Regional Council/Geneal Assembly ~ent of Government and Public Affalrs-Al Puentes (213) 236-.1882 Subject: Proposed Bylaws Amendment Past President Membership on Regional Council Background The Association's past Presidents represent a valuable resource of regional leadership and experience. If a past President does not continue to serve on the Regional Council as a District Representative or County Representative, that leadership and experience is lost. Several Regional Council members have requested staff to prepare a proposed Bylaws amendment that would provide for Past President membership on the Regional Council, even if they are not Dis~a or County Representatives. This pwposed Bylaws amendment will be considered by the Nominating/Resolutions/Bylaws Committee at their January 25 meeting (teleconference). The same Byhws amendment proposal is being mailed to the Administration Committee and Regional Counc'd for consideration at their February 2 regular meetings. The Nominating/Resolutions/Bylaws Committee's recommendation will be presented at the February 2 meetings. The same Bylaws amendment pwposal is being mailed to the 1995 General Assembly delegates on January 31 in order to meet the meeting notice/agenda requirements. The Regional Council's recommendation will be reported to the General Assembly at the business session. Proposed Bylaws Amendment Amend Article V-Regional Council, A. 1 Membership, (d) Regional Council Representation to add paragraphs (7) and (8) as follows: (7) An immediate past President, who is not a District Representative or County Representative, shall have the tight to serve as a voting member of the Regional Council for a one (1). year term which commences upon the adjournment of the annual meeting of the General Assembly. Under this subsection, the immediate past President has to be an elected chy council member or a member of a County Board of Supervisors. The immediate past President shall serve on the Regional Council with compensation. (8) A past President, who is not a District Representative or County Representative, shall have the fight to serve as an Bx-Officio member of the Regional Council without the right to vote for a period concurrent with his or her service as an elected city council member or a member of a County Board of Supervisors. The past President shall have the right to serve as a voting member on Standing and Policy Committees. The past President shall serve on the Regional Council with compensation. P.O4 t;fiO072 FEVEN pI ESTON r RECEIVED FEB ! 3 1995 February 7, 1995 City ot Rancho Cucarnonga Planning Division MAYOR AND MEMBERS OF THE COUNCIL City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91729 SUBJECT: MASI COMMERCE CENTER APPEAL Historic Preservation Mitigation Fee Honorable Mayor and Council: It is with great fondness that I remember my term on the former Historic Preservation Commission; and while we have relocated to Glendora, we con- tinue to watch with pride the impressive work of the Council, manager and staff in negotiating high quality commercial projects in Rancho Cucamonga. That is why I was disappointed to hear of Mr. Masi's appeal concerning deletion of the mitigation fee requirement. If you will permit a former Commissioner to plead his case, here are my thoughts: This will mark the third attempt by the applicant to have this con- dition waived or modified. The Council has already reduced the mitigation fee from $25,000 to the present $10,000; the modest and reasonable investment provided by this fee, when "leveraged" against the other assets the project brings, provides a long-term commitment to the history of Rancho Cucamonga that can only grow in value. The combination of land use entitlements provided by the City, along' with the substantial investments in infrastructure which have allowed these projects to proceed, offer the developer a considerable return on investment; the modest value of the applicant's $10,000 invest- ment will be repaid by the appreciation of his property and economic gain for the community. My experience tells me that the contribution is certainly consistent with current practice among similar California cities, reasonable in light of the environmental and preservation impacts associated with the project, and consistent with the high quality of public and pri- vate improvements which set Rancho Cucamonga apart from nearly every fast-growing community in the Inland Empire. I respectfully urge the Council to deny the applicant's appeal. Please notify me of the Council's decision; thanks for considering my thoughts Honorable Mayor and Council City of Rancho Cucamonga and best of luck with the difficult decisions ahead. STEVEN A. PRESTON, AICP (Former Chair, Historic Preservation Commission, 1991-92) BY FAX AND MAIL cc: Planning Department February 7, 1995 Mayor and Members of the City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca. 91729 RECEIVED FEB ! 3 1995 City of Rancho Cucamonga Planning Division RE: Masi Commerce Center Appeal - Historic Preservation Mitigation Fee. Honorable Mayor and City Council Members; As one of the remaining members of the Historic Preservation Commission at the time of original mitigation conditions adoption, I would like to go on record as opposing the Applicant's appeal. This will mark the third attempt by the Applicant to have this condition eliminated or reduced. The City Council has already on previous occasion reduced the mitigation from $25,000 to the present $10,000. In addition the City has given the subject property considerable land use entitlement, e. g.; commercial zoning and conditional use permits thereby increasing the value thereon. Furthermore I have considered the level of improvements approved for the Site and determined that the levels are not beyond the anticipated quality and are consistent with levels required of the Foothill Market Place Project. In conclusion, I urge the City Council to deny the Applicant's appeal. Sincerely; RECEIVED February 7, 1995 Mayor and Members of the City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca. 91729 FEB ! 3 1995 City of Rancho Cucamonga Planning Division RE: Masi Commerce Center Appeal - Historic Preservation Mitigation Fee. Honorable Mayor and City Council Members; As one of the remaining members of the Historic Preservation Commission at the time of original mitigation conditions adoption, I would like to go on record as opposing the Applicant's appeal. This will mark the third attempt by the Applicant to have this condition eliminated or reduced. The City Council has already on previous occasion reduced the mitigation from $25,000 to the present $10,000. In addition the City has given the subject property considerable land use entitlement, e. g.; commercial zoning and conditional use permits thereby increasing the value thereon. Furthermore I have considered the level of improvements approved for the Site and determined that the levels are not beyond the anticipated quality and are consistent with levels'required of the Foothill Market Place Project. In conclusion, I urge the City Council to deny the Applicant's appeal. Sincerely; February 7, 1995 Mayor and Members of the City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca. 91729 RECEIVED FEB ! 3 1995 City of Rancho CucamonOa Planning Division RE: Masi Commerce Center Appeal - Historic Preservation Mitigation Fee. Honorable Mayor and City Council Members; As one of the remaining members of the Historic Preservation Commission at the time of original mitigation conditions adoption, I would like to go on record as opposing the Applicant's appeal. This will mark the third attempt by the Applicant to have this condition eliminated or reduced. The City Council has already on previous occasion reduced the mitigation from $25,000 to the present $10,000. In addition the City has given the subject property considerable land use entitlement, e. g.; commercial zoning and conditional use permits thereby increasing the value thereon. Furthermore I have considered the level of improvements approved for the Site and determined that the levels are not beyond the anticipated quality and are consistent with levels'required of the Foothill Market Place Project. In conclusion, I urge the City Council to deny the Applicant's appeal. Sincerely; MARSHA MEEK BANKS CI:'I:~TII~IED PU!~LIC ACCOUNTANT RANCHO CUCAIvIONGA' CALIFORNIA 91730 February 15, 1995 Mayor and Members of City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Re: Masi Commerce Center Appeal - Historic Preservation Mitigation Fee Honorable Mayor and City Council Members; At the time of the Council's disbanding of the Historic Preservation Commission I was serving as that Commission's chair. I had served on the Commission since 1984. As a Commissioner I had participated in every public hearing regarding the Masi Commerce Center. Furthermore, I was a member of the joint Planning/Preservation subcommittee reviewing design of the project. Finally, I was a member of the joint Council/Preservation subcommittee .(consisting of Councilwoman Wright and Commissioner Preston and myself) which examined the concept and application of historic mitigation with regard to development in the City of Rancho Cucamonga. I hereby oppose the Applicant's appeal of the $10,000 contribution to an historic preservation project in the City for the following reasons: This matter has been heard twice by the Historic Preservation Commission and each time (September 5, 1991 and August 6, 1992) the majority of the Commissioners agreed that the historic significance of the property warranted not only commemoration at the site but also reinvestment in the efforts of historic preservation elsewhere in the City. The City Council has previously upheld the Commission's determination of historic site significance (September 18, 1991)· The City has previously granted a concession to the Applicant reducing the Commission's recommendation from $25,000 to $10,000 (September 18, 1991). February 15, 1995 Page 2 A special subcommittee of Council and the Historic Preservation Commission was convened to study the Applicant's assertion that the $10,000 request was being applied disproportionately. The subcommittee studied not only this project but others as well. The subcommittee (prior to the disbanding of the Historic Preservation Commission) was in the process of developing criteria by which mitigations could be quantitatively calculated and applied, taking into consideration such items as the size of the project, the historic significance of the site, the historic significance of persons associated with the site, the length of time that the site contributed to the City's history, etc. Although I assume the work of this subcommittee has not been completed or even continued, it is important to note that the subcommittee,s opinion was that the Masi project was undercontributing to Historic Preservation in the context of precedent set by such other projects as the Foothill Market Place. The importance of the LaFourcade family store, the Rochester community and the City's winery/vineyard heritage have all been thoroughly discussed and considered in this mitigation requirement issue. I urge the City Council to uphold the decisions which have previously been made, to deny the Applicant's appeal and to reinstate the original $25,000 amount. MMB/kh James E. Carter 989-70~? 7740 Center Ave~,rancho Cucamonga CA 91730 Ref: ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-04 CUCAMONGA COUNTY WATER DISTRICT Dear Council Members: I am personally unable to attend this meeting and was unable to attend the 1-25-95 Planning Commission hearing due to academic scheduling. Please accept my apologies and sincerity in the matter referenced above. I was under the impression of several things after being heard at the 1-11-95 Planning Commission hearing. I had the understanding that I would be provided with the opportunity to review the environmental assessment report prior to any final desiccation of the Commission. When I requested to view the report mentioned above, from the Planning Department after 1-11-95 but prior to 1-25-95 I was given the staff report instead. That bothered me a little but I looked at it anyway. Enclosed in the report I was shocked to see a pre typed approval of the request from CCWD. As stated above I do not have a lot of free time. I did manage to review a copy at the city library of the City Council Addendum slated for 2-15-95. Clearly let me state my protest of this matter as referenced above, and to how it has progressed to date. Several issue are at question. Copies of the staffs reports are more than just vague in fact with a little research one can easeably substantiate the alleged facts supporting or lack there of supporting the above mentioned reference matter. One item addressed slightly in the staff report of 2-15-95 in regards to environmental assessment. There is no mention of the traffic that will be produced. As reported later in this report no analysis have been completed nor do I see any proof of such analysis being implemented in part as of this date. FACTS FOR FINDINGS indicate the amendment is consistent with the IASP, and that such amendment would not be detrimental to the adjacent properties. Let me remind every one concerned that there is already a car wash, emergency response facility, flood control vehicles and a huge volume of commuters that use Center Ave. as a short cut to avoid the corner at Foothill and Haven. I believe the traffic that travel's on Foothill in combined direction exceeds 80,000 and Haven exceeds 50,000 trips per day. I would also be inclined to think that a portion of them use Center ~'~.. and if that inc!iD~7~tr[on is apprehensible tt,el! ~ l.~rcent!fge of thai:, tI:affic could be computed. Lets :~ay that ofliy one percex~ of the traffic mentioned above (which could be and in my opinion is far greater)applied Than with out even added the CCWD traffic the number would be 1300 trips a day. I don't Fmow how many of the council members have 1300 vehicles passing their homes on a daily bases but I would be willing to say not many if at all any. As you can see I could go on and on about this and I do have many other questionable references to the staff reports that seem to be relied on as sole support to the recommendations and approval of those recommendation's. It is apparent to me that little, if any, weight of the public will have an affect on local descissions made by public appointed leaders. In fact if that weight of the people was a contributing factor than I would at least think that some precautionary measures would apply. Like the traffic survey I was given the impression, would be completed to substantiate the staffs report in reference to FACT FOR FINDINGS. If they need help in finding or defining those facts as stated above it only took a few minutes to verify some of the supporting evidence that is alleged by the staffs report and the formal request for the above mentioned amendment submitted by CCWD. I did not write this letter to offend anyone at all but to simply open their eyes to my view point and to what's at stake for me and my family. We have resided at this address since 1984 and have yet to see anything positive happen to the area since moving here. I pay for equestrian facilities when I don't or can not own a horse, I pay taxes for maintenance and improvements to the streets and when resurfacing of the streets in my subdivision is performed mine is not, but I still have the heavy traffic. When the rains wash the dirt from the flood control down into the street I or my wife has to request someone to send a sweeper out other wise it is weeks before it is cleaned up again along comes the traffic and up goes the dirt. I probably sound like I'm rattling on and on but due to my schedule I do not have time to proof read this letter so please forgive me for any mistakes and I am sorry if I offended anyone but I have a great concern in this matter and I don't wish to allow it to blow right by. THANK YOU FOR'READING THIS DATE: TO:. FROM: SUBJECt': CITY OF RANCH0 CUCAMONGA STAFF REPORT February 15, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager Duane A. Baker, Assistant to the City Manager PROGRAMS USED BY CITIES AND INTERESTED PARTIES IN OFFERING AND MAINTAINING A REWARD PROGRAM The City Council asked the staff to look at programs that offer rewards for information leading to the apprehension of criminals. WeTip is the program that is currently in use by Rancho Cucamonga. W~. TIP In the City Councirs discussion of this issue it will be important to know first what program is currently available to the City. Nearly 100 cities, along with Rancho Cucamonga are members of WeTip. WeTip is a non-profit group that started in 1972 in the Inland Empire as an anonymous hotline to turn in drug pushers. Since that time, WeTip has expanded its efforts nation wide to provide toll free anonymous "tip" lines and rewards to help law enforcement and other public safety agencies solve crimes. This toll free "tip" line is available to our City and all tips are passed on to the appropriate law enforcement agency. WcTip also provides rewards of up to $1,000 for information that leads to the arrest and conviction of criminals. In addition, WeTip has worked with the City in the past to develop special programs to address specific needs such as graffiti. Another program offered by WeTip is their Extraordinary Reward Program. This program is a resource that allows for a large reward to be offered on a specific crime. The money for the reward is raised by interested panics and WeTip provides its "tip" line and also publicizes the reward with posters and other media coverage. We Tip works directly with the lead investigator on the specific case to insure that all tips are funnelled to the right person. CRIMF. STOPPERS A program utilized in Upland and Ontario is Crime Stoppers. This program is run completely by community volunteers. In cooperation with the local police department, a telephone line is established at the police station to receive tips 24 hours a day. The tips received are anonymous to help encourage people to provide information. All rewards given by Crime Stoppers are determined by their own board of directors, which is made up of community volunteers, and these rewards can go up to $1,000. In addition, Crime Stoppers also has annual fund raising and friend raising events to raise awareness and to raise money for the reward fund. Crime Stoppers also works with local police in REWARD PROGRAMS February 15, 1995 Page 2 highlighting a crime of the week to be publicized. This publicity helps raise awareness on a specific crime and also makes people aware that Crime Stoppers is there to take information on any crime. The Crime Stoppers group feel that their strength lies in the community involvement needed to make a volunteer operation like theirs work. CASE SPECIHC REWARDS In some communities, a reward will be put up by concerned community and business leaders in response to a specific crime. Normally, an account is opened at a local bank and donations are received from concerned individuals and businesses. Communities where this occurs normally don't have a Crime Stoppers, WeTip or similar organization to handle the reward and the information. Tips in these cases normally go straight to the police department. These rewards are one time only and are tied to a specific case and are not associated with any sustained reward or crime prevention program. SUMMARY Most communities rely on outside non-profit organizations and individuals, such as WeTip and Crime Stoppers, to provide for rewards while some communities react only to specific cases. In all cases, the goal is to bring a criminal to justice through participation with a program that continually provides information to law enforcement and that has an established mechanism for accepting anonymous tips and paying out rewards. The City currently belongs to WeTip which accepts information and offers rewards of up to $1,000. The City has had an ongoing relationship with WeTip and feels comfortable in supporting an already excellent crime deterrent program. Respectfully Submitted, Duane A. Baker Assistant to the City Manager /dab Don C l~aver, Dons C. Buchman Ottk~rs Chai~l ~ff the ~d F~I Vice C~ ~cond Vice Ch~m D~o~ ~crct~' l~e MueHer Don ~1~ ~nf~ .~e~, G~ ~ ~s D~ccio ~H~ ~' ~ich ~ St~ Makers, ~nt Debn ,~, Dick IDndon Ma~ M~ets, 1~,, ~co~ W K "Bill" Ma~on~ B~ta Mat~cws ~2~ S't M~et. los ~nge~ ,~ PI~ ~ ~ GnK~. Zos Angeles Jcm' ~ton Michael ~ove~o M~c Read ~ly Mike ~lcm Michael We~ California Grocers Association SERVING THE FOOD INDUSTRY OF CALIFORNIA SINCE 1898 February 14, 1995 Sacramento Office: 906 G Street, Suite 700 Sacramento, CA 95814 Tel: (916) a,483545 Fax: (916) 448-2793 Southern C_,alffornla Office: One World Trade Center Suite 480 Long Beach, CA 90831-O480 Tel: (310) 432-8610 Fax: (310) 432-7931 The Honorable William Alexander Mayor, City of Rancho Cucamonga City Hall 10500 Civic Center Rancho Cucamonga, CA 91730 Dear Mayor Alexander: Thank you for taking the time to meet with us to discuss the proposed Convenience Store Ordinance. As discussed, I have enclosed copies of our Neighborhood Outreach Program. It is our hope that the City would want to participate in this program. If you have any further thoughts or ideas, please call me at 310/432-8610. Thank you. Sincerely, C/~IA~N BETH BEEMAN Vice President Local Government Enclosures NEIGHBORHOOD OUTREACH PROGRAM STORE I I A RESPONSIBI,E RETAIIF~R CAIJFORNIA ASSN. OF NEIGHBORHOOD STORF~ PARTICIPANT NEIGHBORHOOD OUTREACH PROGRAM TABLE OF CONTENTS SECTION TITLE PAGE ® 4. 5. 6. 7. 8. 9. 10. THE PROGRAM PRE-QUALIHCATION CHECKLIST STANDARDS OF OPERATION ALCOHOLIC BEVERAGE SALES TOBACCO PRODUCTS CRIME AWARENESS PROGRAM STORE AND PROPERTY BEAUTIHCATION PROGRAM SIGNAGE PUBLIC & COMMUNITY RELATIONS PROGRAM ORDER FORM 1-3 4-5 6-8 9 - 34 35 - 39 40 - 45 46 - 48 49 - 56 57 - 59 60 NEIGHBORHOOD OUTREACH PROGRAM THE PROGRAM CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 1. THE PROGRAM This program has been designed to have, as its goal, an outreach and community relations program. This program would have a number of components, which we will discuss. The program would be available to any convenience and small store operator who is currently a member of the California Association of Neighborhood Stores ("CANS"), pays a nominal fee and pledges to abide by the standards set forth by the program. With participation in the program, each store would receive a program kit and decal to display prominently in the store, which would signify participation in the program, and serve as a "quality seal" that would inform customers the operators of the store displaying the decal are concerned and active members of the community. An operational policy, which embodies the high standards of operation a participant is expected to adhere to, must be signed by each store in the program. A list of all program participants would be sent to the appropriate state and local law enforcement agencies, community groups and the media. Each year of participation, the list will be updated and reviewed for renewal by the CANS Board. New decals will be issued to those renewed in the program. The decals will state the year of active participation each year, so that active and current participants are easily identified. CANS will publicize the activities of the program members in both the media and its own publication, "California Grocer." Each month, a program participant who has done an outstanding job in the community will be recognized and publicized, and at the end of the year, a store will be selected as "Neighborhood Store of the Year." The recipient of this award, along with the local law enforcement agency or appropriate community group, will be honored at the Association's Annual Convention, in addition to being widely publicized. As part of the program application process, each participant will complete a pre- qualification survey, including a list of current community activities, crime prevention programs, employee training, etc., in which the store is involved. These activities will be publicized as well, in order to get immediate media and community attention for the store's efforts. In all cases, when we publicize a store's activities, not only will the media be notified, but appropriate community, city, county and state public agencies will be informed. 1 THE PROGRAM KIT Each participant in the program will receive a program kit. The cost of the kit would be covered b.y the program fee. Included in the kit will be: DECAL: The decal would be static, that is, visible on both sides of the glass to which it is adhered. 2. OPERATIONAL POLICY: Operational Policy included. SALES CLERK TRAINING CHECK LIST/CONTRACT: Sales clerk training check list and contract regarding sales of alcohol and cigarettes to minors. This lraining program would provide the operator with helpful suggestions for training sales personnel in the regulations affecting cigarette and alcohol sales. Each clerk would be given a "contract" to sign in which they pledge to be diligent in checking ID, and view "Support the Law" (7- minute video tape). These documents could also be made available to the media and community leaders to prove that operators are making a sincere effort in enforcing these regulations. CRIME AWARENESS TRAINING GUIDE: A crime awareness training guide for employees, which would include: Crime awareness and crime reporting tips for sales clerks. Landscaping and parking lot suggestions and standards for crime awareness, such as proper lighting fixtures and wattage, as determined by local building codes and law enforcement experts. In-store crime awareness prevention methods, such as drop-in safe suggestions, how to identify a criminal, how to report a crime, etc. Law enforcement liaison suggestions. Community crime watch programs. BEAUTIFICATION PROGRAM: Beautification program suggestions, including: How to minimize litter, landscaping and beautification suggestions, and recycling programs. KIDS ID PROGRAM: Neighborhood children could be fingerprinted, ID, or video taped for future reference. This program works in part with local police departments and community groups. , COMMUNITY INVOLVEMENT: If you expect to do business in a community and be successful, you must get to know your community. The Neighborhood Outreach Program tells you how to get involved -- and be successful at it. It lists community activities you can sponsor and events in which you can participate (i.e., attend city council meetings, bring coffee and doughnuts). MEDIA RELATIONS: Make the media work for you. This program describes how to contact the media, how to respond to the media and how to excel with the media. TOLL FREE HOTLINE: An 800-number has been installed (1-800-794- 3545) for use by consumers, program participants, community leaders and the like. This hotline will serve as a clearing house for program problems, suggestions, reports, etc. The hotline would be manned by Association employees, who will be trained in the issues facing convenience and small stores. Calls would be immediately referred to the "experts" in each area of COnCelTi. SUMMATION The overall goal of the program is to educate our member stores in communication versus confrontation. We want to be active and respected members of the community. We want the community to come to us with positive messages and activities -- not negative regulations and restrictions. We firmly believe that such a program will go a long way in attaining its goal. 3 NEIGHBORHOOD OUTREACH PROGRAM PRE-QUALIFICATION CHECKLIST CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 , , , , , 10. 11. 12. 13. 14. 15. 16. NEIGHBORHOOD OUTREACH PROGRAM SECTION 2. PRE-QUALIFICATION CHECKLIST Store Name Parking Lm - No potholes, oil/grease build-up, free of debris/trash. Gas Pump Area - No oil/grease build-up, prow signs posted, good housekeeping. Sidewalks - Free of cracks, abnormal wawx, no litter, highlighting main~ned. Entrance Doors/Exits - Operating properly, not blocked by stock, proper signs. Lighting (Interior/Exterior) - Adequate, aJl bulbs working. Floor Condition - Free of spills, no water, no holes, no missing tiles. Merchandise Display - Neatly displayed, no unstable stacking. Machine Exposures - No missing panels on coolers, no broken display sheives~ Electricial Exposures - Service panels not blocked, no missing cover plates, no improper use of extension cords. Fire Extinguishers - Properly mounted and readily accessible, properly charged. Housekeeping (Interior) - Aisles free of debris, no liner, stock area clean. Dell area clean. Housekeeping (Exterior) - No litter, no debris around building, no graf~ti on walls, front, sides, rear. Cash Control - Proper level in register, deposit secure, safe locked. Drops made. Trash Receptacles - Properly covered and emptied regularly. Exterior. Are the windows closest to the register clear of signage? Do you have any neon signs advertising products in your front windows? Manager's Name ] Satisfac- Not Satis- tory factory Date Corrective Action Taken I Satisfac- Not Satis- Corrective Action tory factory Taken 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Do your window signs look neat and ordc~y? Can your pay phones be changed to outgoing calls only.'? Do your employees currently use a training manual? Have your employees been trained in alcoholic beverage sales and signed ABC acknowledgment? Have your employees been trained in tobacco sales? Have your employees been trained in crime deterrence? Do you presently have any alcoholic beverage or tobacco age signs posted in your store? Do you presently have a central alarm system? Do you presently have a time lock drop safe? Do you presently have surveillance cameras? List current community programs your store is involved in: Are you currently a member of the California Grocers Association or the California Association of Neighborhood Stores? c~ Yes ~3 No How many stores do you have? What is the square footage of your stores (approx.)? __ Who will be the contact person for this program? Contact person's telephone number: (__ Store Name Address City Owner Signature Representative Signature .) FAX number: ( ) State Zip Date Date 5 NEIGHBORHOOD OUTREACH PROGRAM STANDARDS OF OPERATIONS CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 3. OPERATIONAL POLICY As a member of the California Association of Neighborhood Stores (CANS) and participant in the Neighborhood Outreach Program, the undersigned agrees to strictly adhere and take all reasonable action necessary to ensure compliance with these standards. The Neighborhood Outreach Program member decal must be placed on the front door in direct view of customers entering the store. Retailers must use every reasonable means to'eliminate, loitering on store property, including parking lots, post "No Loitering" signs, and work closely with local law enforcement. Retailers must keep all store property, parking lots and any adjacent property clean and free of litter. Parking lot must have adequate lighting according to building code standards, and lights must be replaced as needed. Employees must be trained to pass the Neighborhood Outreach Program test provided, or equivalent company provided tests, so they fully understand and can enforce state laws and regulations regarding the sale of alcohol and tobacco. Store must utilize the in-store decals provided by the Neighborhood Outreach Program (or equivalent company provided decals) regarding alcohol and tobacco sales to minors. Employees must be trained in crime awareness techniques, and provided with the materials necessary for crime awareness.. Strictly prohibit the use or sale of illegal substances on store property, including parking lots. To discourage sales or use of narcotics on store property, all outside pay telephones should be switched by the telephone company to accommodate outgoing calls only. Developing a good relationship with neighborhood law enforcement can help control this problem. Not more than one-third (1/3) of the front windows can be covered with signage. Windows near the sales counter and enu'ance doors must remain clear of signage. For security purposes, a clear view of the store should be visible from the street and parking lot. In order to improve community relations and the appearance of your store, beer and tobacco product signs should not be over used, so that your customers and the community do not have the 6 11. 12. 13. impression that you are only interested in selling beer and tobacco products. No neon signs advertising products can be placed in windows or doors. Retailers must have graf~ti removed from building within 24 hours. Display all federal, state, county and city signs that are required by law. They are listed in Section 10, Program Signage Section of this manual. All banners hung outside the store should be rotated or changed and cleaned as indicated below. The recommendations are as follows: Lottery Banners - Change as necessary Grand Openings - Change within 30 days New Management - Change within 30 days Pennants - Change every 30 days No single cigarette sales are permitted in the State of California. Maintain a close working relationship with local law enforcement agencies and local community organizations. FOR MORE INFORMATION, CALL 1-800-794-3545 NEIGHBORHOOD OUTREACH PROGRAM ALCOHOLIC BEVERAGE SALES CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 4. INTRODUCTION This section contains important information you need to know and understand regarding the sale of alcoholic beverages. (Be sure to have the point of sale counter display visible at all times.) You must understand that a store could easily lose its license if even one employee does not comply with the laws regarding alcoholic beverages. In addition, any employee who breaks these laws can be charged with a misdemeanor and fined, plus be required to perform at least 24 hours (and as high as 32 hours) of community service. We understand how difficult it is to "guess" a customer's age. Therefore, if a customer purchasing any alcoholic beverage does not look at least 25 years old, ask him/her politely to provide identification to protect yourself and the store from breaking the law. It is very important to remain calm when asking a person for identification, so you can make sure it is a valid ID and has not been altered in any way. A valid ID must be issued by a governmental agency and should have most or all of the following information thereon: · The person's picture · Current description, including: Date of Birth Weight Height Sex Color of Eyes Color of Hair · Signature of the person · ID must be currently valid You must be alert at all times when working behind the sales counter and observe each customer -- pay attention to what that customer is purchasing as the Department of Alcoholic Beverage Control (ABC) does not like to hear excuses (such as): · Sorry, I'm a brand new employee. Sorry, I was so busy at the time, I didn't even look up to see who I was waiting. on. · I thought he/she was 21 years old. · Oh, I've seen him/her purchase alcoholic beverages elsewhere. If you have the slightest doubt in your mind that the customer isn't at least 25 years old, you must ask for an ID. Then you must be 100% satisfied that the customer is, in fact, at least 21 years old. If you are not 100% sure, you must refuse to sell the alcoholic beverage. Another reason you must be alert and know whom you are waiting on is that you cannot sell alcoholic beverages to anyone who is obviously intoxicated. It is very important you observe the customer to see if he/she is staggering, has alcoholic breath, dilated pupils, slurred speech, poor muscular coordination or appears as though they don't know where they are. It is very important that you handle this as politely as you can, so you do not insult them. (Refer to the special section, Section 4, in this booklet on handling an intoxicated customer.) Most important of all, you must understand that you could be held personally liable if a person is hun or killed in any accident due to your selling the alcoholic beverages. SALES TO MINORS We swongly suggest that you log every customer whom you ask for an ID in the "ID Log Book." (See Appendix. Photocopy, if additional forms are needed.) You must log a person even if they are in the Log Book already (by another clerk). You cannot accept the fact that the customer is at least 21 years old because they have been checked by another clerk. The law states that if you do not feel that the person is of age, you must ask for identification before you make the sale. The ABC, or any law enforcement agency, will not accept the fact that the person was checked last week by "John Doe and he sold it -- so I assumed the customer was at least 21." Remember, you are totally responsible for all sales made while you are on duty. You don't want the following to happen: 1. Be charged with a misdemeanor and have a "Record." 2. Have a costly fine. 3. Perform 24 to 32 hours of community service. 4. Know someone was killed or crippled due to your negligence. CRACKING DOWN ON ALCOHOLIC BEVERAGE SALES TO MINORS California retailers are being sued in civil court for allegediy selling alcoholic beverages to minors. The suits filed against convenience and liquor store Owners could result in substantial fines and permanent injunctions. County District Attorneys are using civil suits because they are faster and more effective than filing criminal charges. By filing a civil suit, the District Attorney can sue the store owner, who could be held responsible for an employee's actions in lieu of suing only the clerk. Cases of liquor sales to minors have been handled in the criminal courts in the past, with misdemeanor charges typically bringing suspended sentences and fines of $50 to $100 for the clerks involved. In the current cases, retailers could be fined as much as $2,500, and be subject to permanent injunctions. Repeat offenders could face $6,000 fines for violating the injunction, as well as an additional $2,500 for the offense. l0 Besides the civil suits, the stores face State Alcoholic Beverage Control Department (ABC) fines and possible license suspensions. Market owners could also be ordered to reimburse ABC for its investigation costs. According to ABC, liquor sales to minors are punishable by $300 to $1,500 fines for a first offense,' and $750 to $6,000 fines for subsequent offenses. Amounts are geared to store sales volumes. 1T IS THE LAW You can NOT use the services of any person under the age of 18 years for the sale of alcoholic beverages, unless the person is UNDER CONTINUOUS SUPERVISION of a person 21 years of age or older. VIOLATION OF THIS LAW WILL RESULT IN REVOCATION OR SUSPENSION OF THE LICENSE. WHO GETS 1. HURT? The person [clerk] on duty who sells, furnishes, gives, or causes to be sold, furnished or given away any alcoholic beverages will be: (A) (B) (C) Charged with a misdemeanor. Fined. Required to perform not less than 24 hours nor more than 32 hours of community service. The person who purchases and/or gives any alcoholic beverages to anyone under the age of 21 years old will be: (A) (B) (C) Charged with a misdemeanor. Fined. Required to perform not less than 24 hours nor more than 32 hours of community service. The Licensee [store owner] is held responsible for any action regarding his employee and can: (A) (B) (C) Have his license suspended or revoked. Be fined [LARGE]. Be in violation of the Franchise Agreement and lose the Franchise. HOURS DURING WHICH ALCOHOLIC BEVERAGES CAN BE SOLD Question: May a minor who is employed at a location which sells both alcoholic beverages and gasoline be permitted to work any shift? Answer: Effective January 1, 1988, it is illegal for any employee who is not 21 years of age or older to work during the hours of 10:00 p.m. to 2:00 a.m., where gasoline and alcohol are sold. Question: What are the lawful hours for retail sale of alcoholic beverages? Answer: From 6:00 a.m. to 2:00 a.m. the following day. In other words, it is unlawful to sell alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. of the same day. It is also unlawful for any person to knowingly purchase any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. Question: At what time must a Licensee cease sales of alcoholic beverages when the time changes from standard time to daylight savings time and vice versa? Answer: On the day that a time change occurs from Pacific Standard Time to Pacific Daylight Time (Spring) or back again to Pacific Standard Time (Fall), 2:00 a.m. means two (2) hours after 12:00 p.m. of the day preceding the day such change occurs. SALES TO MINORS Question: With regard to the sale, service, consumption or possession of alcoholic beverages, what is the age of majority? Answer: The age of majority for these purposes is 21 years. Question: -May alcoholic beverages be furnished to a minor when the beverage is for consumption by the parents? (This applies to cases when parents send a minor to the store to make the purchase.) Answer: No - This would be in violation. Question: Would the Liccnsee be in violation of the Alcoholic Beverage Conu'ol Act for selling an alcoholic beverage to a person under 21 who appeared to be 21 years of age or older? Answer: Yes - The Licensee is required to exercise the caution which would be shown by a reasonable and prudent person in this circumstance? 12 Question: Is there anything which a Licensee or an employee may do to prevent selling to minors? Answer: A Licensee is authorized to demand documentary evidence of the age and identity of any person in the licensed premises and should do so immediately prior to the sale whenever there is the slightest doubt of the age of the prospective patron. Proof that a Licensee was shown Bona Fide Documentary Evidence off' (A) majority, and (B) identity, and in good faith relied upon such evidence, establishes a good defense. The Licensee, or the Licensee's agent, may refuse to sell or serve alcoholic beverages to any person whose majority is questionable. Question: What is documentary evidence of age, identity and birth date? Answer: To be suitable as evidence for a defense, the identification card must be issued by a governmental agency and, in most cases, have a current picture, plus a description of the person presenting it, which reasonably describes the person as to: date of birth, weight, height, sex, color of eyes and hair. Question: What other defense is available to a Licensee accused of selling to minors? Answer: A Licensee accused of selling to minors has only three defenses: (A) No sale or serving of alcoholic beverages was made to the minor. (B) The person sold or served is in fact 21 years of age or older. (c) The person to whom the alcoholic beverage was sold or served furnished Bona Fide Documentary Evidence of majority and identity as required. An example would be a Motor Vehicle Operator's License or an Identification Card issued by the Armed Forces, which the Licensee, in good faith, carefully examined and reasonably relied upon as such evidence. Question: May a minor be arrested for purchasing, consuming or possessing alcoholic beverages? Answer: Yes - Any one of these constitutes a misdemeanor. Question: May a minor be employed in an "Off Sale" licensed premises? Answer: Any Off Sale Licensee who employs or uses the services of any person under the age of 18 for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license. An employee under the age of 18 years may sell alcoholic beverages if that person is under continuous supervision of a person 21 years of age or older. 13 Question: Answer: May a minor who is employed at a location which sells both alcoholic beverages and gasoline be permitted to work any shift? Effective January 1, 1988, it is illegal for any employee who is not 21 years of age or older to work during the hours of 10:00 p.m. to 2:00 a.m., where gasoline and alcohol are soM. MINORS LOITERING AROUND MARKET TRYING TO INDUCE SOMEONE TO PURCHASE ALCOHOLIC BEVERAGES FOR THEM 1. Have "No Loitering" signs posted. Advise the minors that your store does not allow loitering in or around the market. Make sure parking lot lights are all working and timeclocks are coming on early enough. 4. Advise the minors that you will have to call the police if they do not move on. If Friday and Saturday nights are the problem evenings, you may want to hire a clerk, for a few hours (for the outside), to advise the minors of No Loitering. After a few weeks, they will learn that your store does not tolerate this. If you know that a person is purchasing alcoholic beverages for a minor, you must refuse to sell it. Go up to a customer whom you feel is purchasing alcoholic beverages for a minor and explain to them that if, in fact, they are purchasing alcoholic beverages for minors, you want to advise them that the police department and ABC have been watching the market and you must advise them not to do it. If a sale was made and you were not aware that the alcoholic beverage was for a minor, but you do observe the alcoholic beverages being given to the minor, you must write down a description of all persons involved, together with the car license numbers -- then report it to the police. NOTE: It is important that your customers know and understand that if they buy alcoholic beverages for a minor, they can be arrested and charged with a misdemeanor, which will result in a fine. If you do not have results in having the minors move on and they continue harassing your customers, you should discuss this problem with your Area Representative. It is a good 14 idea to have very mature persons working on Friday and Saturday nights, as these are the problem nights. ALCOHOLIC BEVERAGES AND AN INTOXICATED PERSON Question: May an obviously intoxicated person be sold alcoholic beverages? Answer: No - Every person who sells, furnishes, gives or causes to be sold, furnished, or given away, any alcoholic beverages to any obviously intoxicated person is guilty of a misdemeanor. Question: How may a Licensee determine whether a customer is obviously intoxicated? Answer: A customer is obviously intoxicated when an average person can plainly observe that the patron is intoxicated. The visual tests are staggering, alcoholic breath, dilated pupils of the eyes, slurred speech, poor muscular coordination, etc. NOTE: Remember, you have the right to refuse the sale of alcoholic beverages to anyone, even if they are 21 years old or older. You may be held personally liable if an intoxicated customer purchased alcoholic beverages from you and then was involved in an accident. How would you feel if someone was killed or crippled for life -- knowing you should not have sold alcoholic beverages to the person who caused the accident? HOW TO HANDLE AN INTOXICATED CUSTOMER DO'S 1. Be very polite at all times. Tell the customer you are sorry, but you are unable to sell any more alcoholic beverages today to him/her. If you know the customer, you can say "(Name), I'm sorry, but I can't sell you any more beer/wine/liquor today." "(Name), we value you as a customer, and I cannot sell this (product) to you today." 5. "You're driving, and I'm sorry 1 cannot sell this to you today." 15 10. 11. 12. 13. DON'T 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. "For your own best interest, it is best that I do not sell you any more alcoholic beverages today." "I am not allowed to sell any more alcoholic beverages to you today, but rll be happy to give you a free cup of coffee." Explain to the customer that there is a big crackdown on drinking and driving. Ask the customer if you could please call a cab or a friend to drive him/her home. Tell the customer it is your opinion that he/she does not need any more alcoholic beverages today. Talk to the customer alone, if you can, and explain that you care about him/her, and you can't sell any alcoholic beverages to them. Call for help if the need is there (police, wife, husband or friend). Remember to always be as polite as possible. Do not start a shouting match. Do not tell the customer he/she is drunk. Do not tell the customer he/she is intoxicated. Do not argue with the customer. Do not give in to the customer and sell the alcoholic beverages. Do not talk loudly to the customer -- this will upset him/her. Do not laugh at the customer about the way he/she may be acting. Do not push or shove the customer out of the way. Do not make threats to the customer -- it could start a fight or argument. Do not make the customer feel that he/she is drunk in front of or around other customers who may be in the market Do not allow customer to drive (if possible) -- the last resort may be for you to call the police. ALCOHOLIC BEVERAGE CONTROL ACT Question: What are the powers of the Department of Alcoholic Beverage Control? Answer: The ABC has the exclusive power, in accordance with the laws enacted, to license and regulate the manufacture, importation and sale of alcoholic beverages in this state. It also has the power, for good cause, to deny, suspend, or revoke any specific Alcoholic Beverage License. Question: What is a liquor license? Answer: A license issued under the Act is a mere permit to do that which would otherwise be unlawful. Such a license is not a matter of right, but is a privilege, which can be suspended or revoked by admu'nistrative action because of violation of the Act or ABC rule. Question: What type Alcoholic Beverage License is issued to our store? Answer: Off Sale Beer & Wine (Type 20) - Authorizes the sale of all types of beer, wine and malt beverages for consumption off the premises in original, sealed containers. Off Sale - General (Type 21) - Authorizes the sale of all types of alcoholic beverages, including hard liquor, for consumption off the premises in original, sealed containers. Question: Can any person obtain an Alcoholic Beverage License? Answer: The ABC may refuse to issue a license to any person who violated the Act, has a disqualifying criminal record, or is otherwise disqualified. NOTE: NO ALCOHOLIC BEVERAGES CAN BE CONSUMED ON THE PREMISES AT ANY TIME. Question: Are local authorities empowered to enforce the Act? Answer: Yes - It is the duty of every peace officer and every district attorney in this state to enforce the provisions of this Act. Question: Does the Department of Alcoholic Beverage Control have a staff of employees whose duty it is to enforce the Alcoholic Beverage Control Act? Answer: Yes - The ABC employs investigators who have powers as peace officers to enforce the penal provisions of the Act. Question: Do ABC investigators and local peace officers have the right to visit and inspect licensed premises without a search warrant? AHswer: Yes - In addition, California State Police and Peace Officers of the Department of Parks and Recreation are authorized to visit and inspect licensed premises located on state property. Question: Are there any requirements with regard to interior lighting of retail premises? Answer: Yes - The rule requires that there shall be sufficient interior light in the retail premises to make easily discernible the appearance and conduct of all persons on the premises. This is to assist in enforcement insofar as minors and intoxicated persons are concerned, and to aid the Licensee in this respect. Question: What is a disorderly house? Answer: It is a premises which causes a disturbance of the neighborhood or is maintained for purposes which are injurious to public morals, health, convenience, or safety. Any Licensee, or employee of any Licensee, who keeps or permits such a disorderly house is guilty of a misdemeanor, and the Licensee is subject to disciplinary action. Question: If a Licensee violates the Pure Food and Drug Laws [Health and Safety Code], may his license be suspended or revoked? Answer: Yes - A violation of any penal provisions of California law prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages is grounds for suspension or revocation of licenses. Question: When a license certificate is lost or destroyed, how may the Licensee obtain a replacement? Answer: · Application must be made to the ABC for a replacement license, and a fee of $550 paid for each one. Question: May the ABC deny the renewal of an existing license? Answer: Yes - If the Licensee has not paid an annual license fee. Otherwise, every license now in effect [other than temporary retail permits and special daily licenses] is renewable, unless such license has been revoked after a Hearing on an accusation. 18 Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: When must licenses be renewed? Off Sale Licenses should be renewed annually on or before June 30. After June 30, and on or before August 15, the license may be renewed upon the payment of the annual fee, plus a penalty. The penalty fee is equal to the annual fee or $50, whichever is the lesser. If the license is not renewed by August 15, it is automatically revoked. Where may alcoholic beverages be stored when there is no room for them on the licensed premises? The ABC's approval is necessary before placing the distilled spirits in storage in a private warehouse. Tax paid beer and wine may be stored anywhere legally; however, this store does not allow any merchandise to be stored off the premises. May certain conditions be placed upon the exercise of a license? Yes - The ABC, at the request of the applicant or Licensee, may restrict the hours of sale, advertising, entertainment, or any condition that appears to alleviate objections to the premises operation. Such conditions have been imposed restricting licensed operations in the vicinity of churches, schools and residential areas. Additionally, conditions relating to the personal qualifications of the applicant or Licensee may be endorsed upon the license. How long does it normally take for the issuance or transfer of a license? Most investigations take approximately 45-50 days, and by law, the license can not be issued for a minimum of thirty (30) days. Circumstances often result in a longer waiting period; therefore, before final approval and issuance of a license, you are cautioned regarding extensive financial commitments, plans for grand openings, etc. Pending transfer of the license, may the intended u'ansferee operate the licensed business? The transferee may operate the licensed premises during the transfer period if a 60-day retail permit has been obtained. To qualify for this temporary permit, the premises must be currently licensed and have been operating within the past thirty (30) days prior to application, and no disciplinary action is pending against the transferor. May any person protest the issuance of a license? Yes - By filing the protest at any office of the ABC. Like an accusation, a protest must be verified, unless filed by a Public Officer. 19 Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: What are the usual grounds of protest? That the applicant has violated the Alcoholic Beverage Control Act or has been convicted of a felony or is otherwise of unfit moral character, or has a disqualifying police record; that the applicant is not the true owner of the business; that the premises operation will disturb the peace and quiet of a resident of the area, create a law enforcement problem, aggravate an existing law enforcement problem, or adversely affect the operation of a consideration point, such as a church, school or public playground. Must a protest from a City Council or Board of Supervisors or local public official state legal Founds for denying an application? Yes - The ABC policy is one of cooperating fully with local officials, but the law requires legal reasons for requesting a denial. When may protests be made? At any time within thirty (30) days from the first date of the posting at such premises of the notice of application to sell alcoholic beverages or notice of application for ownership change. If a proper protest is made for the issuance of a license, will a hearing be held and, if so, where? Ordinarily, a protest hearing will be heM. It will be held in the county seat of the county in which the premises or Licensee is located. However, if an official protest is made by the governing body of a city, the hearing shall be held within such city. May retail licensees give away samples of alcoholic beverages? No. Under what circumstances may wholesalers give away samples of the alcoholic beverages they distribute to retail licensees? If the retailer has not purchased the product BEFORE, and the samples do not exceed the following size: · Wine - 1 quart or I liter, when bottled. · Beer - I bottle or can opened on the premises of the Licensee. · DisHfilled Spirits - 500 milliliters or smallest marketed size. 2O Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Is the retailer permitted to sell alcoholic beverages which have been given as samples? No. Can credit tokens be given to persons purchasing alcoholic beverages, highball glasses, etc.? No - The giving of any kind of gift, premium, or free goods in connection with the sale of alcoholic beverages is PROHIBITED. If a retailer buys 100 cases of beer from a wholesaler, may any be given free? No - The wholesaler and the retailer would both be in violation of the law prohibiting the giving of gifts or free goods. This also applies to gifts of wine or distilled spirits. May a retailer give gifts in connection with the sale or advertising of merchandise other than alcoholic beverages? Yes - Retailers may redeem coupons of food items or give non-alcoholic beverage gifts to charitable and civic organizations or customers, provided the gifts are not given, directly or indirectly, in connection with the sale or advertising of alcoholic beverages. May a retail licensee rent space to a wholesaler for the placing or painting of signs on window displays on or in retailers premises? No - It is a misdemeanor for a retail licensee to accept any money or anything of value for the privilege of placing or painting a sign or advertisement or window display on or in the licensed premises. May a retailer accept any payment from a wholesaler for setting up an advertising display or performing a distribution service in connection with distilled spirits? No. What is a consignment sale? It is a sale and delivery of alcoholic beverages under an agreement whereby title to the alcoholic beverages is retained by the seller. The Licensee receiving the alcoholic beverages has the right, at any time before the sale, to return them to the original seller. 21 Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Are consignment sales lawful under the Act? No - A retail licensee may not solicit or accept delivery of alcoholic beverages on such a basis. When may a manufacturer or wholesaler make deliveries of alcoholic beverages to retail licensees? Manufacturers or wholesalers may only deliver alcoholic beverages to a retail licensee's premises between 6:00 a.m. and 8:00 p.m. Monday through Saturday. No deliveries may be made on Sunday. May retailers who hold the same type license agree to group purchase distilled spirits [pool buying] from a wholesaler or distiller? Does the Act require alcoholic beverages to be "Fair Traded?" Fair Trade in respect to sales of alcoholic beverages by retailers is no longer a part of the state regulations, except as it relates to beer prices between manufacturers and wholesalers? May a wholesaler or manufacturer give a retailer a sign? Yes - If the sign, relating to wine or distilled spirits, does not advertise the Licensee's premises and is for interior use only. What other restrictions are there on maintaining signs? Barrels, kegs, cases of bottles, or other containers for alcoholic beverages may not be displayed on sidewalks, and advertising banners must not be hung over sidewalks. Is a retail licensee required to close the doors of the licensed premises and not serve alcoholic beverages during the hours that an election is being held? No. May the Licensee refuse an investigator from the Department of Alcoholic Beverage Control permission to examine the Licensee's books and records pertaining to the Licensee's business? No - Any Licensee who refuses to permit the Department of Alcoholic Beverage Control, or any of its representatives, to make an inspection or an examination of books and records for which provision is made in the Act, is guilty of a 22 Question: Answer: Question: Answer: Question: Answer: Question: Answer: misdemeanor. In addition, it is a misdemeanor for a Licensee to falsify or fail to keep books and records required to be kept under the provision of the Act or the regulations of the ABC. How was the Department of Alcoholic Beverage Control created? The ABC was created by constitutional amendment effective January 1, 1955, as an independent department of the executive branch of the state government. The Board of Equalization no longer has any responsibilities in liquor control matters, except as a taxing authority; What is the organization structure of the Department of Alcoholic Beverage Control? The Director of Alcoholic Beverage Control heads the department and is appointed by the Governor. For administrative purposes, the ABC divides the state into two divisions, the northern division and the southern division. Each division is divided into districts on the basis of population and geographical need. Can a retail licensee import alcoholic beverages from outside the state? No - Only persons holding an importer's license are permitted to have alcoholic beverages shipped to them into the state. What type of identification does an ABC investigator have? They have a plastic Identification Card, which has the investigator's picture and states "State Peace Officer" in large black letters against an orange background. They will also have a gold badge, which is a 7-pointed star with blue enamel lettering. ACCUSATIONS Question: What is the meaning of "Accusation?" Answer: The word "Accusation" is used to designate what would otherwise be known as the complaint in a civil or criminal action. It sets forth in ordinary and concise language the acts or omissions with which the Licensee is charged. 23 Question: Answer: Question: Answer: Question: Answer: Who may make an accusation against a Licensee? Any person - Accusations must be verified, unless filed by a public officer acting within his official capacity, and must state facts constituting legal grounds to suspend or revoke a license. What is meant by saying that the accusation must be verified? The accusation must contain a written certification or declaration by the party making the accusation attesting the accusation to be true "Under Penalty of Perjury," or it must be sworn to before a notary public with a statement that either by the party's own knowledge, or information and belief, the alleged facts are true. What are the legal grounds which the facts, stated in an accusation, must support? Facts stated in an accusation must have at least one of the following grounds: (A) The violation or the causing or the permitting of a violation of (1) (2) The Act; Any rules and regulations of the department adopted under the provisions of the Act; or Any other penal provisions of the laws of this state prohibiting or regulating the sales and use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors. (B) The misrepresentation of a material fact in the application. The plea of nolo contendre, the plea, verdict or judgment of guilty to any public offense involving moral turpitude, or to any federal law prohibiting or regulating the sale, use, possession, etc., of alcoholic beverages or prohibiting the refilling or reuse of distilled spirits containers. (D) Failure to correct objectionable conditions within a reasonable time after notice by a district attorney. (E) Any other facts which would make the continuation of the license contrary to public welfare and morals. 24 Question: May a Licensee pay a fine in lieu of serying a license suspension? Answer: Yes - If the ordered period of the suspension does not exceed ttu'rty (30) days and the ABC finds that public welfare and morals wouM not be impaired by the substitution of a fine for the actual suspension of the licensed business, the retail licensee may pay a sum of money equal to 20% of the estimated gross receipts from the sale of alcoholic beverages during the period of the suspension. Such an offer to compromise shah not be less than $470, nor more than $6,000, except that the limits are $300 + $1,500, when no accusation filed against a retail licensee has resulted in a final decision within the prior three (3) years. NOTE: NO PETITION FOR AN OFFER TO COMPROMISE SHALL BE GRANTED FOR A SECOND OR SUBSEQUENT VIOLATION OF "SALES OF ALCOHOLIC BEVERAGES" TO OBVIOUSLY INTOXICATED PERSONS, WHICH OCCURS WITHIN 36 MONTHS OF THE INITIAL VIOLATION. HANDLING BEER "RUN-OFFS" Run-offs can usually be stopped by clerks being very alert at all times while on duty. Be alert when two or more minors come in, then split up in the market, one staying back by the cooler while the others come to the sales counter. They could be trying to distract you. If someone does, in fact, steal any alcoholic beverage from you, report it to the police immediately, with a full description and vehicle license number, if you can obtain it. Do not allow loitering inside or outside the market -- no exceptions. Have enough help on duty on prime nights, such as Friday and Saturday. 25 VALID "ID's" California driver's license. California Identification Card looks like a driver's license and is issued by the Department of Motor Vehicles. Passports. Alien Registration Cards. VALID "ID's" MUST BE ISSUED BY A GOVERNMENTAL AGENCY AND HAVE MOST OF THE FOLLOWING INFORMATION ON THEM: · The person's picture. · Current description, including: Date of birth Weight Height Sex Color of eyes Color of hair Signature ID must be currently valid DO NOT ACCEPT A CALIFORNIA DRIVER'S LICENSE OR ID CARD, WHICH HAS BEEN MUTILATED OR LAMINATED CHECKING ID'S It is very important to ask any customer who is purchasing alcoholic beverages for "ID" if he/she does not look at least 25 years of age. If you have any reason to believe that a customer who wants to purchase alcoholic beverages is under the minimum age [go by looks of a 25-year-old] requirements, you must ask for proof of age. Only official identification issued by a governmental agency, which has a current description of the person presenting it, may be accepted. 26 If the ID appears to have been altered or tampered with in any way, you cannot accept it. You should be suspicious of any driver's license or ID card marked "DUPLICATE" and must see some other form of ID before accepting it! Verifying proper identification requires more than just a valid document. By following the six (6) steps listed below, you can take full advantage of built-in security features on the Califomia Driver's License and Identification Card. Never accept a license or card in a container or laminated in plastic. It is too hard to recognize if the license has been altered or tampered with. It also obscures the security film on the license. Look at the photo on the license and at the person presenting the driver's license or ID card. Is the photo of the same person? Does the person match the description on the license - height, weight, color of eyes/hair, approximate age? 4. Ask the person's date of birth. Is it the same as on the license/ID card? 5. Check signatures. Do they match? Does the document appear altered in any way? Under normal light? Under direct light? (Flashlight?) 27 CALIFORNIA DRIVERS LICENSE WHAT TO LOOK FOR Callf. St~e S~al EzDtmlan Date ~f expired, nat valid · boc,~Tea in eaher Ic;c. atian. idemify Customer Hold license uO to licJnt - lOOK 8I DOU~ S~dGS for Ctrt marxs and wining or ryiDincJ QvGF numbers. C.,alIL St=t.. S881 'iD" # far ID Log Name of customer for ID =6-:',, ~,~ Da of BIrth '~"',-t Customer weicJt~t - heicjnt Customer cotor of eyes Hair color C~m;~am sicjrm~um REMEMBER: l. HAVE CUSTOMER REMOVE LICENSE OUT OF PLASTIC HOLDER. REQUIRE ADDITIONAL IDENTIFICATION Vv~HENEVER LICENSE IS STAMPED "DUPLICATE." ASK CUSTOMER THEIR DATE OF BIRTH - DOES IT COMPARE WITH LICENSE? 4. LOOK AT THE PHOTO ON LICENSE - COMPARE WITH CUSTOMER. LOOK CLOSELY AT HEIGHT, WEIGHT, EYES AND HAIR OF CUSTOMER - DO THEY MATCH LICENSE? CHECK EXPIRATION DATE ABOVE PHOTO OR TO THE RIGHT OF LICENSE NUMBER - IF EXPIRED, LICENSE IS NOT VALID· IF SUSPICIOUS, DO NOT MAKE THE SALE 28 CALIFORNIA IDENTIFICATION CARD WHAT TO LOOK FOR Callf. State ,Seal h;tr~lon Data it exI;ir~, not valid · L::c. smcl in either Idemthf Customer Nam: Hold license up ',a ligrr[ - look a% ~3tn siclos tar ram'Ks and wrr~ng or Typing aver nurnz~rs. Callf. St~e S~ai L/c # for ID 2~1~ 2~ AUE S~,~TO C~ fse~e Oa of Birth ~ommr color of eyes REMEMBER: HAVE CUSTOMER REMOVE IDENTI2HCATION CARD OUT OF PLASTIC HOLDER. REQUIRE ADDITIONAL IDENTIFICATION WHENEVER ID CARD IS STAMPED "DUPLICATE." ASK CUSTOMER THEIR DATE OF BIRTH - DOES IT COMPARE WITH ID CARD? LOOK AT THE PHOTO ON ID CARD - COMPARE W1TH CUSTOMER. LOOK CLOSELY AT HEIGHT, WEIGHT, EYES AND HAIR OF CUSTOMER - DO 'II-fY .,MATCH ID CARD? CHECK EXPIRATION DATE ABOVE PHOTO OR TO THE RIGHT OF ID CARD NIJMBER - IF EXPIRED, D CARD IS NOT VALID. IF SUSPICIOUS, DO NOT MAKE THE SALE 29 MAKE THE SALE EMPLOYEE QUIZ CIRCLE THE CORRECT ANSWERS TO THE FOLLOWING QUESTIONS: 1. Can you refuse the sale of alcoholic beverages to anyone, even though they arc 21 years old or older? A. Yes B. No 2. You must ask for an ID if a person does not appear to be what age? A. 18 B. 20 C. 25 3. Should you accept a temporary driver's license issued by the Department of Motor Vehicles as a valid ID? A. Yes B. No 4. Should you accept a driver's license stamped "Duplicate" as a valid ID, without some other form of ID that shows date of birth? A. Yes B. No 5. If identification has been laminated, is it valid? A. Yes B. No 6. If identification is valid, but the date of expiration shows it has expired, can you accept it? A. Yes B. No 7. Should you accept an [D when it appears the description of the person presenting it is not the same as on the ID? A. Yes B. No 8. If the year of birth shows the person would be just 21 years old, can you sell that person alcoholic beverages? A. Yes B. No 3O , Can a minor with a note from his mother or father purchase alcoholic beverages, if the minor is going su'alght home from the store.? A. Yes B. No 10. Can alcoholic beverages be consumed inside the market, if a customer is at least 21 years old and they are purchasing other items? A. Yes B. No 11. What is the minimum age for a person to work in the market alone and sell alcoholic beverages? A. 16 B. 19 C. 21 D. 25 12. If a person is 16 years old and working the cash register, can they sell alcoholic beverages, if they are being directly supervised by a person who is 18 years old? A. Yes B. No 13. If a customer has forgotten his/her driver's license and you request to see an ID, should you sell the customer alcoholic beverages if you feel you have seen him/her purchase it from another clerk.'? A. Yes B. No 14. Can you sell alcoholic beverages to an intoxicated person, if they promise you they will drink it at home only? A. Yes B. No 15. Can local police authorities enforce the rules and regulations of the Department of Alcoholic Beverage Control? A. Yes B. No 16. Does the ABC have a staff of people whose duty it is to enforce the ABC rules and regulations? A. Yes B. No 17. Can you demand evidence of age from a customer who is purchasing alcoholic beverages? A. Yes B. No 31 18. 19. 20. 21. 22. 23. 24. 25. As of today, what is the full date that a person had to be born in order to purchase alcoholic beverages? Month Day__ Year What does a California ID Card look like? A. Military 1D C. California Driver's License B. Social Security Card D. Employer's ID Is a California Identification Card a valid ID? A. Yes B. No Can a person under the age of 21 purchase alcoholic beverages if that person is married? A. Yes B. No If you shine a beam of light (flashlight) at an angle on a California Driver's License or Identification Card, what should the special film covering on either one reflect? A. Picture of State Capitol C. State Flower B. State Seal Can a person who is obviously intoxicated, but is not driving a motor vehicle, purchase alcoholic beverages? A. Yes B. No Can a person who is 18 years old and in the Armed Forces purchase alcoholic beverages? A. Yes B. No Is it against the law to sell alcoholic beverages to a person who is at least 21 years old to give to a minor? A. Yes B. No 32 EMPLOYEE'S AGREEMENT OF UNDERSTANDING I have reviewed the information in the Booklet entitled "Alcohol Beverage Sales Employee Training Guide", and I' have asked all questions that I may have had regarding the rules and regulations concerning the sale of alcoholic beverages. I understand that the point-of-sale counter top displayer will always be visible for me to read, in case problems arise. I will not sell alcoholic beverages to any person under the age of 21 years. If the person does not appear to be at least 25 years old, I will ask for identification. Should there be any questions at all about the identification, I will not make the sale. I will not sell alcoholic beverages to any individual during those hours when it is illegal to do so (2:00 a.m. - 6:00 a.m.). I will not knowingly sell alcoholic beverages to any adult who is at least 21 years old for use by minors. If I think this is happening, I will not make the sale. 5. I will not sell alcoholic beverages to an obviously intoxicated customer. 6. I will not permit the consumption of alcoholic beverages on the premises. I understand that I must pass this test with a score of 100 percent before I can sell alcoholic beverages. By: Date: (Employee's Signature) Print Name: By: Date: (Signature of Training Coordinator) This Agreement must be filled out and signed, along with the clerk affidavit, and returned to your employee. It will be maintained in your personnel file as part of your permanent employee record. Test Score (Total Possible Score - 25) Correct Answers Wrong Answers 33 ALCOHOLIC BEVERAGE CONTROL (ABC) LAWS CLERK'S AFFIDAVIT CLERK'S PRIOR VIOLATIONS (Clerk must check one) __ I have never been convicted of violating any law under the Alcoholic Beverage Control Act (such as selling an alcoholic beverage to an underage or obviously intoxicated person). __ I have been convicted of violating a law (or laws) under the California Alcoholic Beverage Control Act (such as selling an alcoholic beverage to an underage or obviously intoxicated person). [If you checked this box, please explain in full what happened. Use the space below or a separate sheet of paper, if necessary.] DECLARATION UNDER PENALTY OF PERJURY (Clerk must complete this secaon) I have read and understand this Affidavit. I swear that all statements I have made in this Affidavit are true. I swear that I signed this Affidavit, on the date stated, under "penalty of perjury." I understand that if I did not tell the truth in this Affidavit, I may be found guilty of the crime of lying Signature of Clerk Date Name of Clerk (Printed) Home Address Home Telephone Work Telephone 34 ACKNOWLEDGMENT OF LICENSEE I have reviewed the attached "Clcrk's Affidavit" with the person who signed it. keep ~ signed copy of the "Clerk's Affidavit" at (show address where "Clerk's Affidavit" will be kept): I will I understand if I do not have a signed "Clerk's Affidavit" for every person who sells alcoholic beverages in my store, the ABC may discipline my license. Signature of Licensee's Agent Date ABC License Number NOTICE TO LICENSEE (Employer must read this section, then post sign in store) You must post a sign in your store that warns customers about certain laws. The sign must be placed at an entrance or at a point of sale in your store, or in any other location in your store that is visible to your custome~;s and employees. A sign which satisfies the requirements of Business and Professions Code §25658.4(b) is on the following page. 35 NEIGHBORHOOD OUTREACH PROGRAM TOBACCO PRODUCTS CALIFORNIA ASSOCIATION OF NEIGHBORHOOD GROCERS COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION $. SALE OF TOBACCO PRODUCTS As responsible tobacco retailers, we have an obligation to uphold the laws of this state. After you have reviewed the materials contained in this section and discussed it with your supervisor, you will be asked to acknowledge that you have read and understand its contents. Any questions you have about this material should be directed to your supervisor. A seven (7) minute videotape, "Support the Law" has been supplied. view it. Question: Answer: Question: Answer: Question: Answer: Question: Answer: Please take time to Is the age critical? You must determine that a customer is of legal age before selling him/her tobacco products. The legal age for this state is 18 years old. What if the customer looks under age? Under no circumstances may you sell tobacco products to someone you believe is younger than the minimum age. If you have any doubts about an individual's age, you must ask for proper ID. What do I look for on ID's? If you believe the customer is under the minimum age, you must ask for proof of age. Only ID's that show the date of birth and a photograph should be accepted. What is an acceptable ID? Acceptable forms of !D for this store include: · Driver's License · Current Passport · Military ID If the individual presents any other form of ID, you must request a second form of ID to verify the first one. 36 Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: What can be used as a second ID? The following cards cannot be used as the only form of ID for proof of age, but can be used to verify the information: Social Security Card Student ID Work ID Card (Green Card) Can I accept copies of birth certificates for proof of age? Do not accept copies as proof of age. These certificates generally have no identifying photo and are easily altered. Should I accept printed identification cards? The person may have given false information (especially on date of birth) when the card was issued. Do I accept an ID if it looks altered? No, do not accept it if it looks altered, but you must return it to the customer. Only a police officer can keep a false ID. How do I check an ID? You must make the following determinations before accepting an ID as genuine: (1) Check the birth year to make sure it has not been altered in any way (erased, typed over, smudged, cut out and replaced), and be sure the customer is of age. (2) Compare the photo on the license to the person. There should be a reasonable match. (3) Make sure the physical characteristics, such as eye color, height, and weight on the ID, match those of the customer. If the 1D has been altered, what can 1 do? You must return it to the customer. Only a law enforcement officer can take it from a customer. 37 Question: Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: What if the customer gets upset? Explain to him/her that it is this company's policy to ask for ID when the customer appears to be close to the minimum age for purchasing tobacco products. What if the customer remains upset? If the customer remains upset-or becomes uncooperative, offer to let him/her talk to the store manager or supervisor. What if the customer cannot or will not provide ID? Do not make the sale under any circumstances. Can I sell tobacco products to an adult who is buying for an underage person? You are not allowed to sell tobacco products knowingly to a legal age adult who, in turn, furnishes the product to an underage person or resells to the same. What if a customer wants to purchase a SINGLE cigarette? Explain to him/her that selling single cigarettes is against the law. 38 EMPLOYEE'S AGREEMENT OF UNDERSTANDING I have reviewed the information contained in this section, the 7-minute "Support the Law" videotape, and Tobacco Retailing, and have asked my supervisor any questions that I have. I agree to the following laws and company policies on the sale of tobacco products. Circle the correct answer, where applicable. 1. What is the legal age for purchasing tobacco products in the State of California? old A. Tobacco: __ years old B. Smokeless Tobacco: __ years 2. If the customer appears to be close to the minimum age, should I ask for ID? A. Yes B. No I will not knowingly sell tobacco products to any adult for second party usage. If I think this is happening, I will not make the sale. A. True B. False If a customer does not have money for a pack of cigarettes, I can sell them a single cigarette? A. True B. False I will "Support the Law." Employee Printed Name of Employee Manager/Supervisor Date (Signature) THIS AGREEMENT WILL BE KEPT IN THE EMPLOYEES PERSONNEL FILE. (Please photocopy for additional copies) 39 Notice to Our Custom ers This store wijl not sell alcoholic beverages in violation of the California Alcoholic Beverage Control Act. We will refuse to sell an alcoholic bever~e to any customer if we reasonably suspect The customer is under the age of 21 years old. The customer looks and acts intoxicated. The request to buy alcoholic beverage is made between the hours of 2:00 a.m. and 6:00 a.m. on any day, or in violation of legally required shorter hours of sale. (4) The customer inteands to drink the alcoholic beverage in this stare or on adjacent property immediately outside the store. (5) Any ohher violation of the California Alcoholic BevemSe Control Act will occur as a result of the sale. Special Notice to Minors If you are under the age of 21 years and ymu buy. or try to buy, any alcoholic beverage in this store. you may be assested and charged with a creme. If you are convicted, you may be fined up to $1,000 and/or ordered to do up to 36 hours of commumty service. In addition, your California Driver ~ License may be taken away or, if not yet issued, delayed [Vehicle Code Section 13202.5]. We appreciate your cooperation-The Management S!~¢if~d by Stole of Clifcx. m~, ABC (10/91) NEIGHBORHOOD OUTREACH PROGRAM CRIME AWARENESS PROGRAM CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 6. CRIME AWARENESS Unfortunately, crime is a factor in every business. Whether it be robbery, or internal theft, it will occur. You and your employees can take some actions that will protect your property -- and yourselves. Your first line of defense is your building Founds. Make sure your address is easily read from the street at night. Your address numbers should be at least 5 inches high, mounted on a high contrasting backFound. This will help police respond to an emergency call. You can also mark your rooftop to aid helicopter patrols. Rooftop numbers should face the street and measure 6-inches wide by 36-inches high. Your back door should have a peep- hole, and your address should be on the back door. Good exterior lighting is important and need not be expensive. It is recommended that you use 1.5 foot candles of minimum maintained illumination per square foot of parking space between dusk to one hour after sunrise. A minimum of .25 foot candles of illumination should be provided at the surface of any walkway, alcove or passageway related to the store during the same hours. Business owners can install lights at the roofs edge to illuminate all possible entry areas, storage yards, parking lots, etc. Timers or photoelectric cells can be purchased, both of which will automatically turn the lights on at dusk and off at dawn. Many local utility companies offer a night light program through which they will install vapor lights on a business owner's utility pole. For a small monthly fee, they will install the light, maintain and repair it on a 24-hour basis. Points to remember: · Illuminate your property. businesses. Don't depend on street lights or other · Shadows provide hiding places for burglars. · Be sure your lights don't shine into the eyes of passing citizens or police patrols. Inspect your lights regularly. Replace broken or burned out lights immediately. · Protect your lights from vandals with wire or plastic covers. · Padlock your circuit breaker boxes so that lights can't be turned off. Trees should be trimmed up to 6-feet from the ground. Bushes should be no higher than 2-1/2 feet tall. 4O Mounted near the ceiling, convex mirrors are a cost effective tool that can provide visible coverage of a large area. Keep the mirrors clean. Also, remember that shoplifters use these mirrors too. The parking area must be visible for internal monitoring. Where windows are not appropriate for this purpose, closed-circuit monitors may be used. Don't waste money on dummy tv cameras to discourage robbers. Most criminals can tell the difference. And remember, a camera must be connected to a recorder. Do not clutter windows with signs and displays, which will block viewing from the street. A television set or radio playing in a back room suggests that someone else may be present in the store, if you are alone. Keep a minimum amount of operating cash in registers, especially in the evening. Use a drop safe for large bills, and post signs stating, "Thank you for paying with the smallest bill possible." "No large bills after 9:00 p.m. will be accepted." "Make that drop." "Time-lock safe -- clerk cannot open." (Signs are included in Program Kit.) Making bank deposits can be risky. Follow these guidelines for safety: · Always vary your delivery time. Vary the route you take to the bank, and watch for suspicious perSOilS. Disguise your money pouch. Place it in a standard grocery bag or shopping bag. If suspicious persons are loitering around your place of business, notify the police. Be particularly alert at opening and closing times. IF A CRIME OCCURS No matter how security conscious you are, a crime may occur in your store. You and your employees should be prepared for such an eventuality. Training your employees in crime preparedness is essential. It will help protect them and your property from danger. Your local law enforcement agency offers training and training materials free of charge. If you are held up, remain calm. Robbers are usually excited and may be provoked easily, and are probably under the influence of drugs or alcohol. Avoid defending yourself with a firearm when you are already facing a weapon. The odds would be against you. Take a good look at the sUspect(s). Notice any details which would aid you in describing them and their mannerisms. When determining age, height, weight and appearance, make comparisons between them and people you know, use door height decals. Memorize peculiarities such as tattoos, scars, and prominent physical featms. Look for habits, speech patterns and type of clothing worn. Be able to describe size, type and color of guns or other weapons used. Watch to see if anything is touched, so you can preserve it for evidence. Observe the direction in which the suspects left, describe any vehicles used, and write down the license number. After the robbers leave, notify the police immediately. Tell them you have been held up and be prepared to report the location of the robbery, a description of the suspect(s), license number of any vehicles used, and the direction they took. Call the police whether you have a hold-up alarm or not. Call 911. Be aware that if you do have a hold-up alarm, your phone lines may be tied up until that alarm ceases. Don't much anything yourself. items the suspects may have touched. have been. Lock the doors until the police arrive. Preserve any Prevent anyone from going into areas the robbers may Direct your employees not to discuss the crime among themselves or with other witnesses until they have been interviewed by the police. Ask any customers who were in the store to remain until the police arrive. If there is a delay, suggest they fill out suspect ID forms, while the information is still fresh in their memories. (Sample at end of this section.) When the police arrive, give them all the filled out suspect ID forms, answer all their questions, and tell them only what you saw or know. If an estimate is necessary to supply an answer, tell them you are estimating. Cooperate with law enforcement officers by making yourself available for interviews, don't be reluctant to identify the right suspects, and testify in court, if necessary. IN THE EVENT OF AN EMERGENCY: CALL 911 Most law enforcement agencies will provide you with training and training materials in crime prevention. Contact your local agency for details. 42 SUGGESTED SECURITY CHECKLIST Do the police on patrol visit the store? Are all outside lights turned on at night? Are all outside lights working properly? Is the cash register visible from the outside? Could the sides of the store be used as a hiding place? Are there any ladders or crates that an intruder could use to reach the roof or a window? Are the windows covered by signs, displays, or other materials thai block necessary visibility? Is all crime awareness signage in place? Are emergency phone numbers posted and up-to-date? Is a Robber Identification form available to clerks? Are trash or boxes kept away from the fence.so they cannot be used to climb the fence? Is Crime Awareness training in effect for employees prior to working in the store? Are there large bills visible in the register?. Does the clerk drop large bills as soon as possible? Is trash restricted to a dumpster? If premises are fenced, are any repairs needed? Are there any signs of people sleeping or drinking near the building? Do employees or vendors leave by unauthorized exits? Are exits properly marked? Are all locks working properly? Is back door locked? (Do not violate fire codes.) Are displays blocking the vision of cashiers to observe customers? Do ceiling and display lights block visibility? Do you know who has keys to the store? If you have seasonal items (like firewood), are they blocking windows? Does the safe work properly? Does the employee have access to the safe key? Do the employees on duty carry money on them personally? Is there any money in the store besides the cash register and safe? 43 SUSPECT IDENTIFICATION FORM NOTIFY POLICE AND FILL IN THE BLANKS. GIVE THE TOP COPY TO THE FIRST POLICE OFFICER ON THE SCENE. RETAIN THE SECOND COPY FOR STORE MANAGEMENT. (Photocopy and keep under counter.) SEX IACZ AGE HiIGHT W~IGHT TA'rrOOS HAT TIE COAT COMPLEXION JEWtLIY BELT BUCICLE FACIAL HAIR AIJI'OMOBILE DESCRIPTION COMMON WT. APON TYPES LDNG IAIIRtL RI'VOLV~i 5NUII NO~t' ItVOLVIr. I LICL'NSE NIj'MBEI MAKI COLOR SAWlI~-OFIrIIIFIIS BOLT-ACT]ON LEY13t I, ARGK AUTOMATIC SMALL AUTOMATIC SAWeD-OFT SHOTGUNS PUMP AUTOMATIC SlNGt. E SHOT STAY ON THE PHONE: WIIAT lOll~tgS) SAID DON'T HANG UP! 44 I I I I I I I I I I I I I I I I I I I I I I I I I I I NEIGHBORHOOD OUTREACH PROGRAM STORE AND PROPERTY BEAUTIFICATION CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 7. LANDSCAPNG AND BEAUTIFICATION The first thing a customer or a member of your community sees is your property. First impressions can be lasting; so make sure yours is a good one. Follow these simple tips, and your property will be an asset to the neighborhood. · Keep parking lots clean and litter free. Hire a neighborhood kid or have an employee regularly pick up customer's trash daily in the parking lot and any adjacent property. Keep your parking lot striping freshly painted. · Place trash receptacles inside and outside your store - empty daily. · Paint over any graffiti immediately. · Make sure your lights and light bulbs are in working order. · Keep your windows clean and free of clutter and obtrusive signage. · Landscape with trees and/or shrubs to beautify your area. Trees should be trimmed up to 6 feet from the ground and bushes should be no higher than 2-1/2 feet tall. (Use the following lanclscaping guiae to shrubs anti trees. These were especially selected to beautify the property, yet prevent criminals from using them as a hiding place.) Z z NEIGHBORHOOD OUTREACH PROGRAM PUBLIC & COMMUNITY RELATIONS CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 8. MEDIA/COMMUNITY RELATIONS The first step in working with the media or your local community groups is to compile a list of all publications, radio/television stations and organizations. Examples of organizations are the local Kiwanis, Jaycees, Rotary Clubs, Community Associations, etc. When putting together your media list, don't forget to include weekly newspapers, ethnic publications, senior citizen papers and educational, public and cable television stations. One of the best sources of information is your local phone book's yellow pages. local congressional district office is a good source for information, as well as your local library. Your Once you have your list together, it is important to contact the right person. At newspapers, contact either the editor or city editor. At television and radio stations, contact the local assignment editor. For community groups, contact an officer of the organization. Don't forget that many such groups have a regularly scheduled meeting. Plan to attend and meet with members of the organization. Such contact can definitely lead to good community relations, and oftentimes customers. Don't forget, you want to demonstrate your commitment to the community. Try to arrange appointments to meet with people at their convenience. Plan your visit ahead of time and be prepared to answer questions about your business, and the role your business plays in your community. Occasionally, you will be asked by the media to respond to an issue, provide information, or offer comments. Be cooperative, friendly and candid. Always make sure you return a reporter's call, if you are unavailable for the initial contact. If you don't know the answer to a question, don't make one up. Tell the reporter you will find out the information, and then get back to them with an answer as quickly as possible. It is important to answer questions knowledgeably. You might want to prepare answers in advance for the important points you want to make. Be sure to answer questions in one declarative sentence. Either, "yes, that's correct", or "no, I don't agree with that." Take 10 to 15 seconds to expand on your answer. Take 5 seconds for a transition sentence leading to what you want to say on the subject, and then another 10 to 15 seconds to sell your idea. An example of this might be, "Yes, I believe recycling is necessary. In fact, we have bins located at our store. We urge all our customers to recycle and protect our local environment." Some general rules when working with your local media are: 46 · Write or talk in everyday language. · If you don't want a statement quoted, don't say it. Start with the most important facts first. information first is sometimes confusing. have made your major point. Beginning with background Those details can wait until after you · Stay cool. Don't argue with a reporter. It's a no win situation. · Give direct answers. Don't bluff. If you don't know the answer, admit it and then supply it later. Tell the truth. Don't exaggerate or embellish the facts -- they'll come back to haunt you later. GET TO KNOW YOUR COMMUNITY If you expect to do business in a community, and be successful at it, you must get to know the people and the organizations. Join community groups, volunteer for community activities. Sponsor softball, little league, soccer teams, etc. Attend city council meetings, and read your local newspapers. The more you know, and axe known by your community, the more likely you are to be a successful part of it. Some ideas for community activities you might want to include: Place recycling bins in front of your store. The proceeds from the redeemable items can then be given to a local charity or organization, such as the Boy Scouts. Let the media know about your activity, and prepare a bag stuffer to let your customers know. Kids ID Program. Neighborhood children can be fingerprinted and an ID or video tape made for future reference. This program works through local police departments and community groups. We have a complete program the store can sponsor for local schools, at no cost to you, which includes any amount of posters, bookcovers, and table top cards. Again, let the media and your customers know about such an activity. Offer to donate products, such as doughnuts, coffee, soft drinks, snacks, etc., to local community meetings. Your suppliers can help you obtain the items. The groups will be grateful for the donation, and you will be recognized as a valuable member of the community. 47 NEIGHBORHOOD OUTREACH PROGRAM PROGRAM SIGNAGE Suggested Placement of Program Kit Signs Federal and State Mandatory Signs that must, by law, be posted in your store CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES COPYRIGHTED 1991 NEIGHBORHOOD OUTREACH PROGRAM SECTION 9. REQUIRED POSTED SIGNS FOR CALIFORNIA RETAIL GROCERY STORES Sign/Description Source/Order FEDERAL REQUIREMENTS "Equal Opportunity Is The Law"; 2 signs; 1 English and I Spanish (if you employ Hispanic workers); 13-1/2" x 17-1/2"; white with red and blue letters. New sign; includes ADA provisions. Post where employees can see. U.S. Equal Employment Commission, San Francisco District Office, 901 Market Street, 5th Hoor, San Francisco, CA 94103, (800) 6694000. "Job Safety And Health Protection"; 2 signs; 1 English and 1 Spanish (if you employ Hispanic workers); 10" x 16"; yellow with black letters. Post where employees can see. U.S. Department of Labor, Occupational Safety and Health Administration, 71 Stevenson Street, Suite 415, San Francisco, CA 94105, (415) 703-4981. "Polygraph Protection Act"; all stores are required to post this sign; 11" x 17"; white with red stripes. Post where employees can see. U.S. Deparanent of Labor. Check local phone book under "Federal Offices." "Saccharin Notices"; 11" x 14"; red and black ink on white card stock. If store is 3,200 sq.~. or less, post sign near entrance. If store is more than 3,200 sq.~., but less than 10,0t210 sq.~., post 2 signs (1 near entrance and 1 either where drinks containing saccharin are sold or where foods containing saccharin are sold). If store is more than 10,000 sq.ft., post 3 signs. Per Section 403 of the Federal Food, Drug and Cosmetic Act of 11-23-77. Supplied by soft- drink salesperson. "Discrimination In Employment"; 2 signs; 1 English and I Spanish; 11" x 16"; white with rust and black letters. Post where employees can see. Caiifomia Fair Employment and Housing Department, 1201 'T' Street, Suite 214, Sacramento, CA 95814, (916) 445-9918, or 30 Van Ness Avenue, 3rd Floor, San Francisco, CA 94102, (415) 557-2005. "Industrial Welfare Commission Wage, Hours, And Working Conditions in the Mercantile Industry"; 19" x 22"; green. Post where employees can see. Order #7-80; Industrial Welfare Commission, (Division of Labor Standards Enforcement, P.O. Box 603, San Francisco, CA 94101, (415) 703-3820. "Federal Minimum Wage"; 11" x 17"; white. Post where employees can see. Order #MW-88; Industrial Welfare Commission, Division of Labor Standards Enforcement, P.O. Box 603, San Francisco, CA 94101, (415) 703-3820. 48 STATE REQUIREMENTS "Safety And Health Protection On The Job"; 22" x 17"; yellow with blue letters. I English, I Spanish (if you employ Hispanic workers). Post where employees can see. "Log And Summary Of Occupational Injuries And Illnesses", for employers of 10 or more employees. Post where employees can see. "Access To Medical And Exposure Records"; 8-1/2" x 11"; yellow with blue letters. Post where employees can see. "Emergency Phone Numbers"; i.e. physician, hospital, ambulance, fire, police, or print your own. Post where employees can see. "Payday Notice", or make your own sign; includes the day, time and place of the regular pay date. Post where employees can see. "Notice Of Workers' Compensation Carrier." Notifies employees of compensation benefits, first-aid procedures and emergency telephone numbers. Post where employees can see. "Notice - Unlawful To Sell To Persons Under 18 Years of Age Tobacco, Cigarettes or Cigarette Papers or Any Preparation of Tobacco or Instruments"; 8-1/2" x 11"; blue with black letters. "Warning: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects"; 5" x 5" for retail stores, to be posted above cash register. "Notice to Customers - Special Notice to Minors"; 5-1/2" x 8-1/2" decal, 8-1/2" x 11-1/2" sign. Notifies customers regarding ABC laws/sales. CAL/OSHA Poster, Deparanent of Industrial Relations, Division of Occupational Safety and Health, 525 Golden Gate Avenue, San Francisco, CA 94102, (415) 703-4981. CAL/OSHA Form #200; Deparunent of Industrial Relations, Division of Occupational Safety and Health, 525 Golden Gate Avenue, San Francisco, CA 94102, (415) 703-4981. CAL/OSHA Form #5-11; Department of Industrial Relations, Division of Occupational Safety and Health, 525 Golden Gate Avenue, San Francisco, CA 94102, (415) 703-4981. CAL/OSHA Form Dosh-lO00 6843; Department of Industrial Relations, Division of Occupational Safety and Health, 525 Golden Gate Avenue, San Francisco, CA 94102 (415) 703-4981. Deparlxnent of Industrial Relations, Division of Labor Standards Enforcement, P.O. Box 603, San Francisco, CA 94101, (415) 703-3820. Available through your workers' compensation carrier. See/State Form LL-34; Office of the Secretary of State, 923 12th Street, 3rd Floor, Sacramento, CA 95814, (916) 324-6778. Califomia Beer & Wine Association, 1127 1 lth Street, Suite 306, Sacramento, CA 95814, (916) 441-5402. Califomia Grocers Association, 906 G Street, Suite 700, Sacramento, CA 95814, (916) 448-3545. 49 Sip/Description Source/Order International Symbol of Accessibility. Must be posted at all accessible check lanes, according to Americans with Disabilities Act mandates. "Notice to Employees Regarding Unemployment Disability Insurance"; approximately 8" x 1 ! "; yellow with black letters. Post where employees can see. "Warning - Tobacco Smoke Is Known To The State of California To Cause Cancer"; 8-1/2" x 11"; white with blue leuering. Post in break rooms where smoking is allowed for employees. "No Smoking" signs advise your customers that smoking is prohibited in food stores. State Recycling Window Dccal stating name and location of nearest recycling center. Blank sign; write address on sign. Post at each public entrance, at eye level. California Grocers Association, 906 G Street, Suite 700, Sacramento, CA 95814, (916) 448-3545. DEA-1857A. Employment Development Department, 805 R Street, Sacramento, CA 95814, (916) 322-2835. Health & Welfare Agency. 1600 9th Street, Room 450, Sacramento. CA 95814. (916) 654-3454. Per State Health Code, Section 25947. Make your own signs, or purchase from hardware or stationery stores. Division of Recycling, 801 K Street, 15-52, Sacramento, CA 95814, (800) 642-5669. IF YOU HAVE A RECYCLING CENTER ON SITE, OR REVERSE VENDING MACHINES, YOU MUST POST: "Open" and "Recycling Center"; lists hours and prices (large metal sign). Division of Recycling. (800) 642-5669. IF YOU ARE REQUIRED TO REDEEM CONTAINERS IN YOUR STORE. THE STATE NOTIFIES YOU IF YOU HAVE TO POST ONE OF THE FOLLOWING 10" X 15" SIGNS: "Containers may be redeemed at the designated cash registers within store." Post at entrance. "Containers may be redeemed at a designated location in the store." Post at entrance. Division of Recycling, (800) 642-5669. Division of Recycling, (800) 642-5669. 50 NOTE: Grocers who need these signs should consult their local metropolitan telephone books in the white pages for the government offices involved. The address or phone numbers we have listed here are those that we have been able to obtain in major metropolitan areas. Local cities and counties may require additional signs not listed here. PLACEMENT OF SIGNS SUPPLIED IN NEIGHBORHOOD OUTREACH PROGRAM KIT NEIGHBORHOOD OUTREACH PROGRAM DECAL: This decal will be placed by the official program representative at their earliest convenience. TOBACCO SIGNS: · "It's The Law" (5-1/2" x 7-1/2"). Place the two (2) signs on overhead or isle where tobacco display racks are located. Be sure signs are visible to the customers. "Customer Must Be 18" (2" x 11 "). These should be placed on top of the check out counters or the back side of cash register. Be sure they are in view of customers. "Support The Law" table top. Place on cash register in view of customers and employees. ALCOBOLIC BEVERAGES SIGNS: "Comer Cooler Signs." Place these in the upper left hand comer of each cooler door that has alcoholic beverages stocked behind them. "Policy Strip Sign." Place these on the top of your check out counters, back/side of cash register. Legal Age Wheels. cashier usage. CRIME AWARENESS: "Make That Drop." drawer. Have these in a convenient place so they are readily available for Place strip on front of drop safe and/or front of cash register "Emergency Phone Numbers." Place on all store phones and fill in with appropriate information. "Crime Awareness Poster." Place where employees have time to read (i.e. time clock area, lunch room, etc.). "Height Decals" (2 sets included). Both sets should be placed on the inside center of door frame, visible from cash register area. 52 "Suspect ID Forms." Make copies and place within cash register area. easily attainable by all employees. Signs not included in Kit. Need to be ordered separately. "Parking Lot Sign" (sample next page). Adhere (lag screws, adhesive, etc.) to exterior of building facing parking lot. (If your parking lot wraps around building, we suggest you use two of these signs.) "Bad Check Signs." Place in view of customers. QUESTIONS? CALL 1-800-794-3545 53 ABSOLUTELY NO LOITERING! "IT IS UNLAWFUL TO ENTER, BE, OR REMAIN ON THESE PREMISES, ADJACENT PARKING LOT, OR ADJACENT PUBLIC SIDEWALK WITH AN OPEN ALCOHOLIC BEVERAGE CONTAINER." Sample Parking Lot Sign