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HomeMy WebLinkAbout1994/01/05 - Agenda Packet couNcm AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. January 5, 1994 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 City Councilmem'bers Dennis L. Stout, Mclyor William J. Alexander, Councilmember Charles J. Buquet, Councilmember Rex Gutierrez, Councilmember Diane Willjnms, Councilmember *** Jack Lain, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1~51  :i : :; PAGE ~ i; City Council Agenda , !~ ~ January 5, 1994 1 i' ; . : 'D. CO.SE.T!CAL:E,D :R 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 ;discUssio:n. Any item may be removed by a Councilmember or member of the audience for discussion. ; ,, 10. Approvol of ~podiol poymeni of retention to Bernorals Brothers Consfrucfion - ~oncho Cucomongo~Adu~; Spots Pod< Project. ~ : ,. : L. ADJOOBNMENT ,, l, Debra J. Adams, City Clerk of the City 0f Ran~ho Cucamonga, hereby certify that a true, accurate copy of th'e foregoing agenda was ~sted on Decembe~ 29, :1993, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 CiVic C~nter ~Drive. CITY OF RANCHO CUCAMONGA ~~ MEMORANDUM DATE: January 5, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director SUBJECT: APPROVAL OF PARTIAL PAYMENT OF RETENTION TO BERNARDS BROTHERS CONSTRUCTION - RANCHO CUCAMONGA ADULT SPORTS PARK PROJECT Staff report for this consent calendar item was not in a final submittal format in time for this Addendum. The final staff report wil be made available to you Monday, January 3, 1994. RG:dk PAGE , City Council Agenda January 5, 1994 1 I 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. DE 1. Roll Call: Buquet Alexander ,Stout Willjams , and Gutierrez 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. 1. Approval of Minutes: December 15, 1993 2. Approval of Warrants, Register Nos. 12/8/93. 12/15/93, and 12/21/93; and Payroll ending 12/2/93 for the total amount Of $457,931.07. 3. Approval to appropriate $5,000.00 from Fund Balance into the 12 Vehicle Depreciation and Replacement Account 01-4647-3931 for repair of damaged City Water Truck. 4. Approval of a Resolution to enter into a Lease/Purchase Agreement (CO 94-001) with Municipal Services Group Incorporated. PAGE ,~, City Council Agenda ) January 5, 1994 2 RESOLUTION NO. 94-001 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEASE/PURCHASE OF EQUIPMENT THROUGH MUNICIPAL SERVICES GROUP, INCORPORATED 5. Approval of Environmental Initial Study Part I and II for the 16 proposed construction of the Adult Sport Park Expanded Parking Lot Project located at 8287 Rochester Avenue. RESOLUTION NO. 94-002 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE ADULT SPORTS PARK EXPANDED PARKING LOT PROJECT LOCATED AT 8287 ROCHESTER AVENUE 6. Approval to appropriate $315.673.00 from Deferred Revenue 18 Account No. 22-236 and place it in Systems Development Fund i Account Numbers 22-4637-92-06 ($104.891.00) and 22-4637-9205 ($209,782.00) for the construction of the Rochester Avenue and Banyan Street Improvement Project located north of Highland Avenue. 7. Approval to award and authorization for execution of contract 19 (CO 94-002] for Rochester Avenue and Banyan Street Improvement Project, located north of Highland Avenue and LMD-6 Landscape Improvements to Kruze and Kruze Construction and Engineering, Incorporated, for the amount of $464,673.00 ($422.430.10 plus 10% contingency) to be funded from Systems Development Account Nos. 22-4637-9206 ($104,891.00) and 22-4637- 9205 ($209,782.00) and S.B. 140 (S 180,000.00). 8. Approval to award and authorization for execution of Contract 24 (CO 94-003) for Ninth Street Waterline Improvement Project located from Vinmar to Sierra Madre Avenues, to C.P. Construction Company, Incorporated, for the amount of $24,887.50 ($22,625.00 plus 1(:]% contingency) to be funded from CDBG Funds, Account No. 28-4333-9121. PAGE , City Council Agenda January 5, 1994 3 9. Approval to award and authorization for execution of a 27 Professional Services Agreement (CO 94-004) bel~veen the City of Rancho Cucomonga and Williamson and Schmid. to prepare design plans, specifications and estimates for the Arrow Route Storm Drain Portion of the MiI;iken Avenue Extension from Foothill Boulevard to Arrow Route. for S49,000.00 plus 10% contingencies to be funded by Artedal Measure I, Account No. 32-z34537-9328. E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No items Subrail'red. 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. 1. CONSIDERATION OF DEVELOPMENT REVIEW 93-13 - WESTERN 28 PROPERTIES - Consideration of an appeal of the Planning Commission's decision to deny the design review of elevations for Building X, a 5,350 square foot retail building within the Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue, in the Community Commercial District- APN: 1077-421-70. (Continued from December 1, 1993) RESOLUTION NO. 94-(:]03 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. UPHOLDING THE APPEAL AND APPROVING DEVELOPMENT REVIEW NO. 93-13, THE DESIGN REVIEW OF ELEVATIONS FOR BUILDING X, A 5,350 SQUARE FOOT RETAIL BUILDING WITHIN TERRA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT. AND MAKING FINDINGSINSUPPORTTHEREOF-APN: 1077-421-70 PAGE ,~ City Council Agenda January 5, 1994 4 2. CONSIDERATION TO MODIFY ENTERTAINMENT PERMIT 91-02 - 67 SAM'S PLACE - Consideration of an appeal of the Planning Commission's decision to deny a modification to an entertainment permit for adding entertainment on Sunday and expanding the entertainment to allow a live band, disc jockey, and karaoke in conjunction with a restaurant and bar, located at 6620 Carnelian Street in the Neighborhood Commercial District - APN: 201-811-56through60. RESOLUTION NO. 94-004 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY A MODIFICATION TO ENTERTAINMENT PERMIT Q1-02 FOR ADDING ENTERTAINMENT ON SUNDAY AND EXPANDING THE ENTERTAINMENT TO ALLOW A LIVE BAND, DISC JOCKEY, AND KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR, LOCATED AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION OF 1994 STATE LEAGUE DUES 116 PAGE , City Council Agenda January 5, 1994 5 }. 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. No Items Submil~ed, J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION FOR PERSONNEL MATTERS AND PENDING LITIGATION, GENTRY BROS VS CITY OF RANCHO CUCAMONGA. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on December 29, 1993, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive. December 15, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Remalar Meetin~ A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 15, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williarns, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Jerry B. Fniwood, Deputy City Manager; Linda D. Daniels, RDA Manager; Olen Jones, Sr. RDA Analyst; Rick Gomez, Community Development Director; Brad Bailer, City Planner; Larry Henderson, Principal Planner; Cindy Norris, Associate Planner; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Bill Makshanoff, Building Official; Bob Dominguez, Administrative Services Director; Suzanne Ota, Community Services Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Jan Sutton, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIOrq~$ BI. Jack Lam, City Manager, announced that Item D10 on the Consent Calendar had a corrected amounL C. COMMUNICATIONS FROM THE PUBLIC No communications were made by die public. D. CONSENT CALENDAR D1. Approval of Minutes: November 1, 1993 (Buquet, Gutierrez absen0 November 2, 1993 (Alexander, Gutierrez absent) November 3, 1993 November 9, 1993 November 17, 1993 December 1, 1993 City Council Minutes December 15, 1993 Page 2 D2. Approval of Warrants, Register Nos. 11/24/93 and 12/1/93; and Payroll ending 11/18/93 for the total amount of $1,777,215.34. D3. Approval to receive and file current Investment Schedule as of November 30, 1993. D4. Alcoholic Beverage Application for Off Sale Beer & Wine for Shop N Go, Ruth Ann Dourghali and Albert Sanam, 10110 Foothill Boulevard. D5. Approval to authorize the Advertising of the "Notice Inviting Bids" for the construction of the Street and Storm Drain Improvements on Sapphire Street, from Banyan Street to Moon Court; Access Ramps on Carnelian Street, between Base Line Road and 19th Street; and the Street Improvements on Base Line Road east of Victoria Park Lane; to be funded from Proposition 111, Account No. 10-4637-9307; 'TDA Article 3, Account No. 16-4637- 9106; and Gas Tax, Account No. 09-4637-9302. RESOLUTION NO. 93-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE STREET AND STORM DRAIN IMPROVEMENTS ON SAPPHIRE STREET, FROM BANYAN STREET TO MOON COURT; ACCESS RAMPS ON CARNELIAN STREET, BETWEEN BASE LINE ROAD AND 19TH STREET; AND THE STREET IMPROVEMENTS ON BASE LINE ROAD EAST OF VICTORIA PARK LANE; IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to appropriate $1,500,000 from Fund 32 - "Measure I (Arterial)" for the Milliken Avenue Extension from Arrow Route to Foothill Boulevard to be funded from Account No. 32-4637-9328 and the corresponding SANBAG Funding, Account No. 32-3900-6000. D7. Fiscal Year 1992/93 Comprehensive Annual Financial Report. D8. Approval of Refunding 1990 Bond Issue. RESOLUTION NO. 93-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REFINANCING OF A PORTION OF THE RANCHO REDEVELOPMENT PROJECT BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY D9. Approval of a mid-year loan transaction between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. D10. Approval for the Lease Purchase of One (1) Three Axle, 10 Wheel Dump Truck, from Dietrich International Truck Sales, Incorporated, of San Beruardino, California, in the amount of ® ' '~ "~ ' c~ $21,652.00 a year, for Five (5) years, to be funded from Gas Tax Account No. 09-4647-7045. D11. Approval to transfer the title for the Rancho Cucamonga Adult Sports Park from the Rancho Cucamonga Redevelopment Agency to the City of Rancho Cucamonga. City Council Minutes December 15, 1993 Page 3 D12. Approval to transfer the tifie for Jersey Station Number 174 and Banyan Station Number 175 from the Rancho Cucamonga Redevelopment Agency to the City of Rancho Cucamonga. D13. Approval of Parcel Map 13601, located at the north side of Fulton Court and east of Utica Avenue, submitted by Arrow Rancho Cucamonga Incorporated. RESOLUTION NO. 93-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 13601 D14. Approval of the Comprehensive Housing Affordability Strategy (CHAS) Five-Year Strategy, 1994 Annual Plan, and 1993 Annual Performance Report - The CHAS Five-Year Strategy covers the period from October 1, 1994, through September 30, 1999 and estimates the housing assistance needs of very low- and low-income households and individuals, assigns priorities to those needs, and identifies resources anticipated to be available to address affordable housing needs. The Annual Plan covers the period from October 1, 1993, through September 30, 1994, and establishes a one-year investment plan that outlines the intended uses of resources. The Annual Performance Report covers the period from October 1, 1992, through September 30, 1993, and reports on the progress in carrying out the CHAS Annual Plan and assesses annual performance in relation to meeting its overall five-year CHAS priorities. RESOLUTION NO. 93-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FIVE-YEAR STRATEGY, 1994 ANNUAL PLAN, AND 1993 ANNUAL PERFORMANCE REPORT D15. Approval of the Environmental Initial Study Parts I and II for the Proposed Sapphire Street Storm Drain and Street Improvements from Banyan Street to Moon Court. RESOLUTION NO. 93-238 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 SAPPHIRE STREET AND STORM DRAIN IMPROVEMENTS FROM BANYAN STREET TO MOON COURT D16. Approval to authorize the execution of a Maintenance Agreement (CO 93-090) with the San Bernardino County Flood Conwol District for the maintenanc~ of City landscaping within the Flood Control District's Right-of- Way. D17. Approval to execute Municipal Library Fund Contribution Agreement (CO 93-091) between the City of Rancho Cucamonga and the County of San Beroardino. D18. Approval to execute third amendment to agreement (CO 93-092) between the City of Rancho Cucamonga, the Redevelopment Agency, and the County of San Bernardino (County Contract 82-171) as a result of the formation of a municipal library system. City Council Minutes December 15, 1993 Page 4 D19. Approval to Set a Public Hearing for January 19, 1994, to consider establishment of an Underground Utility District along Rochester Avenue between Foothill Boulevard and Arrow Route using Rule 20A Funds. RESOLUTION NO. 93-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING FOR A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ALONG ROCHESTER AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE MOTION: Moved by Buquet, seconded by Williams to approve the staff recommendations as contained in the staff reports of the Consent Calendar, as amended. Motion carried unanimously, 5-0, with Buquet and Gutierrez abstaining from the November 1, 1993 minutes, and Alexander and Gutierrez abstaining from the November 2, 1993 minutes. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX LN COMMUNITY FACILITIES DISTRICT 93-3 (FOOTHILL MARKETPLACE) Jan Sutton, Deputy City Clerk, read the title of OrdinanceNo. 518. ORDINANCE NO. 518 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Williams, seconded by Alexander to waive full reading and adopt Ordinance No. 518. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS No items were submitted. G. PUBLIC HEARINGS No items were submitted. City Council Minutes December 15, 1993 Page 5 H. CITY MANAGER'S STAFF REPORTS HI. CONSIDERATION OF SITE LAYOUT. CIRCLrLATION DESIGN. ARCHITECTURAL ELEMENTS. SURFACE TRI~,TM~NT5 AND LANDSCAPE CONCEPT FOR THE METROLINK STATION AT MILLIKEN AVENUE AND THE METROLINK RAILWAY TRACKS Staff report presented by Rick Gomez, Community Development Director, who stated that Larry Ryan from RJM Design Group was in the audience and available to answer any questions. Councilmember Gutierrez asked how long would it be before the parking was expanded from the original 300 spaces to the full design of 1,000 spaces. Rick Gomez, Community Development Director, stated the expectations of Metrolink and the Southern California Community Rail Authority would be that the parking would be increased in 2-3 years to meet the demands of the patrons of the surrounding area, as well as the Victor Valley area. Councilmember Gutierrez asked what the pat~onal;e was at the stations in surrounding cities. Rick Gomez, Community Development Director, stated Rancho Cucamonga would be the second largest in the system, behind the Montclair station which also has a Caltrans Park and Ride facility. He stared other stations along the route are between 300-500. Mayor Stout opened the meeting for public comments. There being no response, the public comments section was closed. MOTION: Moved by Alexander, seconded by Buquet to approve the Site Layout, Circulation Design, Architectttral Elements, Surface Treatments and Landscape Concept for the Metrolink Station. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS No items were submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC KI. REOUEST BY RANCHO CUCAMONGA OUAKES BASEBALL CLUE TO PRESENT PLANS FOR EXPANSION OF STADIUM Mayor Stout asked if there were any representatives from the Rancho Cucamonga Quakes Baseball Club. Them was no response. City Council Minutes December 15, 1993 Page 6 Mayor Stout called a recess at 7:17 p.m. for an Executive Session too discuss personnel matters, to reconvene at the conclusion and continue with Item K. The City Council reConvened at 8:11 p.m. with all members of Council present. Andrew Axczynski, Assistant City Attorney, stated the Council met in closed session to discuss meet and confer matters and provided direction to staff. He stated they also discussed pending litigation in the case of Trudeau vs. the City of Rancho Cucamonga and an opinion memo would be provided to the City Clerk in regards to the closed session on that item. Seeing representatives from Rancho Cucamonga Quakes Baseball present, Mayor Stout re-opened Item K1 for discussion. Rick Gomez, Community Development Director, stated wlmt they were looking for tonight would be direction from the Council in regards to design issues, so that final plans could be prepared for submittal. Hank Stickney, R.C. Baseball, introduced Terry Miller from HNTB Architects out of Kansas City. He stated Mr. Miller designed the stadium at Adelanto, and is currendy designing the Lake Elsinore stadium. He stated they would like to present a plan to expand the stadium in time for the 1995 season, which he felt would greatly enhance the stadium and would meet the long range needs. Terry Miller, Architect, showed diagrams to outline the proposed changes. He stated their primary focus was adding 1700 seats in the right field area, including 17 new physically challenged spaces in front of diose seats, which would replace the cafe area. He stated these seats would be in a configuration compatible with viewing baseball. This would be a net gain of approximately 1500 seats. He stated in the current grandstand area they were proposing three new rows directly behind home plate, adding 140 seats to the seating capacity, and would relocate the current dugouts below ground level. In addition they would add seats in the current cross aisle section directly behind home plate in order to off-set seats that would be deleted to add 20 wheelchair positions on either side of the stadium. This would give them a total of 40 physically challenged spaces in the grandstand area. He stated the new seats would not interfere with the current portal configuration in the main grandstand area, and the new wraparound area would reflect the current architectural style of the stadium. Mayor Stout asked about the addition of the cross aisle seats. Terry Miller, Architect, stated in order to enhance the ADA requirements for the facility, they were offering 20 more wheelchair seats. He stated in order to make up the seats they would be replacing in the dugout area, they are proposing additional seats in the cress aisle area. Councilmember Buquet asked for clarification on die handicap seating in the new right field addition. He stated he was concerned with the line of sight configuration for the right field addition, as they had some complaints with the temporary seats. City Council Minutes December 15, 1993 Page 7 Terry Miller, Architect, stated the configuration for the fight field addition was almost identical with the configuration used in other stadiums so them should not be a problem. He stated curren~y they have straight bleachers which are in a position much closer and higher than they should be in a regular stadium design. He stated they are matching the elevation of the treads which would alleviate the majority of view problems. He also explained the fire egress designed for that comer of the field. Councilmember Gutierrez asked how the three additional rows behind home plate compare with other stadiums. Terry Miller, Architect, stated the Major League Baseball guideline is 60 feet, and they would be within a few feet less than that, but felt morn importantly would be the position of the palxon relative to the field. Mayor Stout asked for clarification on Major League guidelines, if they were minimum amounts, because he had never seen a homeplate as close to the stand as what they currenfiy have. Terry Miller, Architect, stated there were several Minor League fields that were within 30 feet. He stated the Major League has guidelines set forth for Minor League stadiums, and they were recommendations, not requirements. Councilmember Alexander asked if the new seats would be the same types of seats as what they currently have. Terry Miller, Architect, stated yes, the seats would be 22 inches wide, except in some areas they might be 21 inches wide to accommodate the curve of the stadium. Mayor Stout stated he would like details as to what kind of seats will be used because of previous problems encountered when the main stadium was built. Terry Miller, Architect, stated they would be doing that, but tonight they were talking conceptual approval only. He stated exact information would be available when they come back with the design. Hank Stickhey, R.C. Baseball, stated right field was die most amenable to expansion plans, because the refuse area precluded them from doing the same type of design in the left field area. He stated they are looking at malesigning and improving the kitchen behind third base, which not only could serve meals, but could be utilized by groups prior to bail games, and could aiso be used by community groups during other times. He stated this was similar to the design at Adelanto and the new field at Lake Elsinore. Councilmember Williams asked for clarification of the cross aisle, and would the new design delete that. Terry Miller, Architect, stated two rows of seats would be added in the cross aisle section in the center four sections of the grandstand area. Councilmember Williams stated she would like the cross aisle kept in. Mayor Stout stared a lot of the season ticket holde~'s liked the cross aisle, that it promoted a sense of camaraderie at the games, and if you limited that access, it would create a whole different atmosphere in the stadium. Hank Stickney, R.C. Baseball, stated they are t~ying to prevent a lot of traffic going through the handicap seating areas, and that they have had complaints about people congregating in the cross aisle and blocking the view of other pawons. Councilmember Gutierrez stated he has found it to be distracting to see people walking through the stadium all the me during a game. City Council Minutes December 15, 1993 Page 8 Councilmember Williams stated the safety and family atmosphere that people feel when they are at the stadium can be attributed to the cross aisle. She felt it was a main attraction to people. Councilmember Alexander stated this discussion tonight was just conceptual and they could talk about it again. Councilmember Buquet felt they needed to address this issue because the cross aisle is what has slowed down expansion discussions previously. Councilmember Alexander stated he would not be able to make a decision tonight because he wanted to go to the stadium and look at it in person and compare it to the proposed plans. Councilmember Gutierrez asked what was the time factor involved, and was there an alternative configuration available that would not alter the cross aisle. Rick Gomez, Community Development Director, stated at the conclusion of the 1994 season they would like to have all construction documents approved and bids in so that they could start construction immediately and have it completed by the 1995 season. He stated if they could have direction on the principal design issues, that would solve a lot of problems and enable them to move ahead to meet the deadlines. Mayor Stout felt there were two issues on the table, one was the main stadium modification and the other was the fight field expansion. He felt the consensus of the Council was that the right field modifications were f'me and they could move ahead with that, which would add 1,500 seats. He stated combined with the current seating that gives them more than 6,000 seats. Councilmember Williams asked how the expansion related to the parking availability. Rick Gomez, Community Development Director, stated the proposal is for an expansion of about 2,700 seats for a total seating of 7,300 seats, and an additional 2,700 parking spaces. He stated with the spaces needed for employee parking and City events, they would have about 2,300 spaces available which gives an occupancy of about 7,100 people, so they would have a deficit of about 150 spaces plus or minus. Councilmember Buquet stated that was taking into account the new parking lot. Rick Gomez, Community Development Director, stated yes. He stated these figures were based on the conceptual plans, and as the final details and figures were worked out they would be closer to the target occupancy and parking availability. Mayor Stout stated he thought previously they had discussed having total seating of 6,000, now they were talking about 7,300 seats. Rick Gomez, Community Development Director, stated the 6,000 was the figure targeted for the 1994 season using temporary seating. He stated 7,000 to 7,100 was the target for the permanent expansion. Hank Stickney, R.C. Baseball, stated they were trying to do all of the expansion plans at one time to consolidate time and construction costs. Mayor Stout stated he was concerned that though they had a lot of sell-out games, there were many that weren't, and did not want to have a stadium that was larger than the demand dictated. City Council Minutes December 15, 1993 Page 9 Hank Stickney, R.C. Baseball, silted they have just about sold-out the 1994 season, between season tickets, groups and individuals, so them would be very few seats available for walk up sales. He silted that was with 6,000 seats. Rick Gomez, Community Development Director, suggested that if everyone concurred, they could move ahead with everything except the cross aisles. Mayor Stout silted the cross aisle modification was relatively minor compared with the rest of the project. Councilmember Buquet asked how many seats were they adding by deleting the cross aisle. Terry Miller, Architect, stated with all the changes taken into consideration it was about 35 seats. He stated in response to their other comments on the cross aisle, that normally they would ~'y to locate a gathering place somewhere other than the center of the stadium for various safety reasons. Councilmember Gutierrez suggested the Council hold a workshop at the stadium in January to review the plans for the cross aisle at the actual site. Mayor Stout agreed with that idea. Councilmember Buquet stated he would like to see the Council and team represeniltives meet to discuss long range plans for the stadium and the ultimate build-out for the facility, and come up with a structured approach to achieving those goals. L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Gutierrez to adjourn, having already completed the Executive Session items. Motion carried unanimously, 5-0. The meeting adjourned at 8:50 p.m. Respectfully submitted, Jan Sutton Deputy City Clerk Approved: CEIl OF RANCHO CUCANONGA LIST OF NTS FCR PERZOO: -93 (93/94) 1826 PACTEL CELLULAR VOIDED CHECK e 808~7~ ]Zg. Z3- tel6 PACTEL CELLULAR VOIDED CHECK "" e08~8, 52.21- VOIDED CHECK {{< 80e50- 8lT22 )>) leGe FULWOOOe JERRY VOIDED CHECK etTz3, 37.X~- CIIY OF RXNCHO CUCAHDNGA LIST aF MARRANTS FaR PERIOD: 12-08-93 (9319A) $I CNECAI aVERLAP 2422 ELECTRONICS NAREHOUSE ELECTRONIC SUPPLIES 8Z303 92,41 Z366 EVERSAFE NAZNT SUPPLIES 8250A 65,81 123 FEDERAL EXPRESS CaRP DELlTEXT SERVICE t B2505 31.00 7921 FELDERt LINDR REC REAlION REFUND 82506 35°00 · 098 FORRES SUOSCR]PT[ON 8250T 54°00 2840 FORD OF UPLANDe INC, VEHICLE HAINTENANCE I 82508 61o59 396T FOURTH STREET ROCK NAINTENANCE SUPPLIES 82509 213o34 1868 FULNOQDt JERRY eUSZNESS LICENSE REFUNO 825IO 31o1A /DlT OARCZAR RQSIE REFUND GROUP PHOTO 82511 6.50 lIT aTE CALIPQRkiA HONTHLI TELEPHONE RILLENOS I E231Z 2e286.56 3336 HEIL[Gw KELLY INSTRUCTOR PAYRENT EESl3 9T3.08 IZ26R HERBERt JUSTIN RECREATION REFUND I 82516 37.50 437 HENOERLITERe de LLANAS g ASSOCIAIES SALES TAX AUOXT SERVICES I 82515 5,6Al.38 I2)& HOSENAN NAINTERANCE SUPPLIES 82536 36°24 1At NOTT LUNOER CODe S.H. HAZNTERANCE SUPPLIES I 8ZSl/ 516.65 2612 HOTTu RAYHONO INSTRUCTOR PATRENT 625ID A95 NYORO-SCAPE PRODUCTSt INC LANDSCAPE NAZNTENANCE SUPPLIES I 82519 375o18 12221 I A P n O UNIFORR PLUNBENG CODE TRA2N2NG 82S20 lOO°O0 A6 [NOUSTR[AL ASPHALT NAINTENANCE SUPPLIES e 82521 221.66 1932 INLANO EHP1RE STAGESt LTD° TRANSPORTATION SERVICES 829ZZ 550.00 )ItS INLAND LAINHONER VEHICLE NA[NTENANCE I 8Z323 1riOADO8 92 INLANO VALLET DAILY 8ULLET2N SUDSCR[PTIONS 825ZA liboaR CITY OF ~ANCNO LIST OF MAI 'S FOR PERIOD: l, ~93 (93/9~) 1020 NOUNTAIN VlEi GLASS ~ NIRROR MAINTENANCE SUPPLIES 82554 325,16 6lZ N 8 I HAINTENANCE CONTRACT 82555 1.326o00 3631 NATIONAL UNXEORN SERVZCE UN[FDRP SERVICES 82556 415o6Z 3693 NATIONNIOE MOBILE NONE RENAO° PROGRAN I 82551 Ze189°*0 CZIY OF RANCHO CUCANONGA LiST OF MARRANTS FOR PER[O0:12-08-93 (93191) CXIV QF BANCHQ CUr' NGA CITY OF RANCHU CUCANDNGA LIST OF MARRANTS FOB PERIOD; IE-IS-t3 (93/96) ee CHECAR OVERLAP TgEA CUETON OESIGN FURNISHINGS BUSINESS LICENSE REFUND e2663 34.00. 286 DAISY MNEEL RIBBON COw INC OFFICE SUPPLIES d 12664 355 DANlEAS TIRE SERVICE VEHICLE RAINENHANCE i SUPPLIES 62665 1,534.98 lEiI DATAVAULT - UoSo SAFE DEPOSIT CO. DATA STORAGE BZ666 13T.OQ 341 OAT-TINERS, INC, OPP ICE SUPPLIES e 82661 S6tl DEALER S AUTO TRIH VEHICLE NAINIEUANCE e1661 85.00 4SOS OEPAETNeNT OF JUSTICE FINGERPNIHTS EZSGt S,SSZ.DQ SDZ6 OESEtT SUN NARKETING OFFICE SUPPLIES 12670 lOB.DO ISSI OFN ASSOCIATES SUISCRIPTIQN 82671 35.68 134 OISPOSAL CONTEOL SERVICED INC. NAIlENHANCE SERVICE d eZGlZ SEE.SO 3616 OEVEOSZPIED AOVERTISING NOVELTIES OFFICE SUPPLIES g 82673 6SAoOO 523 EASTNAN, INC OFFICE SUPPLIES J RI674 SZO.66 GIG EOUC&LC HASMTERAKE SUPPLIES liSTS 4681 EMPIRE FOlD VEHICLE MAINTENANCE 8E676 I6Z.EI ISS PILAOSKT & MATT MONTHLE seRvices 82611 lIT.S0 2391 FIRST SOLUTIONS COMPUTER SUPPLIeS/RENTAL liSTS 269°38 IZZTS PLORES, YENHA RECREATION REFUND EZ67Y 3902 FOOTHILLS PSICHOLOGICAL ASSOCIATES PROFESSIONAL SERVICES EZ6~O 1,600o00 90 POlO PillTINS · NAILING, IMC MAINTENANCE L OPERATIONS I 82681 hTEIoiI lOll PeANIL IN QUEST COo OFFICE SUPPLIES f 1261Z 1o009o10 TYEI GelolD OEVELOPNENT COMPANY BUSINESS LICENSE REPUNO 12683 TOEoil TVIS G°C,So SERVICE, IUCo BUSINESS LICENSE BEFUNO lidS6 8o10 3141 GfB - PlIEDRICH A ASSOC. PROFESSIONAL setvlces 82685 3,120o00 131 GEE CALIFORNIA NONTHAT TELEPHONE iILLIN6S J 82686 362o16 500 HANSOM ASSOCIATESt INC. MAIMTENAOCO SUPPLIES I 8207 931o16 IZ46 HAVEN BUILOING MATERIALS NAIMTENAKE SUPPLIES J Oleo 5E.OT 462 HCS-CUTLEN STEEL CO. EQUIPMENT MAINTENANCE leilt 3)Toil 920 HEARO P.H.O., EDNANO INSINUATOR PET EZSVO SG.O0 S2272 HEELUNDo ERIC/KATHERINE RECIEAllOU OEPUNO BlASt 46.50 4104 HEleNANNe DONALD U, NORKItS CONP BElle 205°00 2255 HOLT°S AUTO ELECTRIC NAINTENANCE SUPPLIES 82695 IGv.]l 3633 HOMELESS OUTREACH PIGMS L EDUCATION NONTHL1 SERVICES 82694 S/S.OO 16S HOVT LUNBEI CO.o Sen. HAZEValANCE SUPPLIES EI695 23o21 495 NVDAO-SCAPE PtOOUCTS, INC LANOSCAPE MAINTENANCE SUPPLIES e 02696 495o40 A6 INDUSTRIAL ASPHALT MAINTENANCE SUPPLIES J 82691 IoOlZ.TT JESt ZNLANO ENDlie SOCCER REFEREE ASSN° MEI'S SOCCER PlODBAN 12691 Sf465000 Ills INLAND LAMEHOMER VEHICLE NAIlENHANCE 82699 42.10 JOT INLAND NEOIATION BORED LANOLOIO/TEUANT DISPUTE I 82100 10666°43 104l IRON MOUNTAIN FORGE MAINTENANCE SUPPLIES lZWOl SIR.II 609 KININN, STEINEl i UNGEIER PROFESSIONAL SERVICES IIIOZ IT,tIGoOI INlet KELLEY, ROBERT/SHARON RICEgAllON REFUND II 103 46e50 IAW KING, L°Oo PAOPESSIONAL SERVICES e EZYO& !I5 KNELT STORES MAINTENANCE SUPPLIES I 82105 114o20 IZtl KNOX NAENTENANCE SUPPLIES f 82106 STG.]t 516 KUHN, NAAV MAINTENANCE SUPPLIES 82101 11o54 321 LANDSCAPE REST LANDSCAPE MAINTENANCE I 82101 6,025.00 IIT6 LU'S LIGHIMOUSEe INC. OIL ANALYSIS 82709 ITSolO ((( IZIIO - 8Z/lO ~Rg NAIlPOSE NOITICULTURAL NET,INC. LANDSCAPE MAINTENANCE e 82111 47,216.11 12 MAll CUllS, INC. VeHICLe MAINTENANCE SUPPLIES 82112 9.70 74 NAIANANwAICZVNSAItHANSONeL KiNG PROFESSIONAL SERVICES I 92113 2EeRIE.IS RUM DATE: 12/15/93 PAGe: 3 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. ART. ee CMECNI OVERLAP 3355 RONROEe RIAE IEZNRUESERENT/PESTZC1DE APPo 82115 110o00 lZZTO NONTERET RORTGAGE BUSINESS LICENSE REFUND 82116 9°00 41l N O I RATNTERANCE CONTRACT 62117 1e326o00 873 N A S/LORRY FOOTHILL RARRETPLACE ; 92 It6 2ZtEeSoO0 CZTY OF RANC~O CUCANQ~GA LZST OF NARRANTS FOR PERZOO: [Z-|5-g] C93/96) CITT OF RANCHO qONGA LIST OF MIR FGR PERIOD: (93/91) CITY OF RANCHO CUCAMONGA L/ST OF MARRANTS FeR PER[gO: 12-22-93 RUN OATE: 12121/93 PAGE: VENDOR NAME ITEM OESCR[PTXON NARR NO ~ARRo ANT, S$ CHECAR DYERLAP T26 FLORZOe JOAN INSTRUCTOR PAYMENT 62926 126.72 26AO FORD OF QPLANDe [NCo VENXCLE MAINTENANCE 8ZEZ9 6boDT G LZST 0 R FGR PER[OD: 12-ZZ- 3 (93194) RUN OATE: ]ZI21/93 PAGE: 3 VENDOR NANE [TEN DESCRZPT[ON WARR NO MARRo AHTo CITY OF RANCHO CUCAMONGA . ?:~:~L q STAFF REPORT DATE: January 5, 1994 ~' ~ TO: Mayor and Members of th~ City Council Jack Lam, AICP, City Manager FROM: Will iam J. O'Neil, City Engineer BY Dave Blevins, Public Works Maintenance Manager SUBJECT: APPROVAL TO APPROPRIATE $5,000.00 FROM FUND BALANCE INTO THE VEHICLE DEPRECIATION AND REPLACEMENT ACCOUNT (A/C 01-4647-3931) FOR REPAIR OF DAMAGED CITY WATER TRUCK REC(XWqENDATION It is recommended that City Council approve an appropriation of $B,O00.O0 from fund balance into the Vehicle Depreciation and Replacement Account {A/C 01- 4647-3931) for the City's insurance deductible share of repairs to City water truck 518. BACXGROUND/ANALYSIS Several weeks ago the Ctty's water truck was involved in a traffic accident that caused several thousand dollars worth of damage to the vehicle. Quick thinking on the part of Lead Maintenance Worker, Richard Favela, averted a potentially fatal collision with the vehicle that cut Richard off in traffic. However, the water truck sustained almost $20,000.00 in damage when it rolled. Although the Sheriff's Department investigator determined that the other driver was totally at fault, the driver did not have insurance. The City's insurance will cover the cost of the restoration of the water truck except for the $5,000.00 deductible required by our policy. At this time, staff is requesting authorization to use funds from the Vehicle Depreciation and Replacement account to provide the deductible. Respectfully submitted, Willia~J.O'Ne~l~ City Engineer WJO: DB :dl w CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 5, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Robert C. Dominguez, Administrative Services Director BY: Joan A. Kruse, Purchasing Agent SUBJECT: RESOLUTION TO ENTER INTO A LEASE/PURCHASE AGREEMENT WITH MUNICIPAL SERVICES GROUP, INC. RECO~ATION That Council adopt Resolution No. 94-__~ entering into a lease/purchase agreement with Municipal Services Group,. Inc, (MSG, Inc.) for a lO-wheel dump truck. BACKGROUND/ANALISIS Council approved purchase of this dump truck from Dietrich International Truck Sales, Inc. at its December 15, 1993 meeting. Financing at that time had not yet been finalized. Staff received a proposal for financing from Dieterich Int'l. through Ford Municipal [.ease. In checking other financing options, Municipal Services Group, Inc. was again the lowest with a 5.37 percent interest rate. Prime rate is still at six (6) percent. Financing in April for our loader truck and street sweeper was 5.67%. This rate drop is representative of what has occurred in the past few months. The new lease/purchase agreement would be an addendum to the master lease with Municipal Services Group. Respectfully submitted, Rober D ez Administrative Services Director /jk Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEASE/PURCHASE OF EQUIPMENT THROUGH MUNICIPAL SERVICES GROUP, INC. WHEREAS, The City of Rancho Cucamonga has determined that a true and very real need exists for the acquisition of the equipment described in the Municipal Master Lease and Option Agreement No. 464-2 (the "Agreement") presented to this meeting; and WHEREAS, the City Council of the City of Rancho Cucamonga has taken the necessary steps, including any legal bidding requirements, under applicable law to arrange for acquisition of such equipment, WHEREAS, the City Council of the City of Rancho Cucamonga hereby directs the City Attorney to review the agreement and negotiate appropriate modifications of said agreemnt so as to assure compliance with state law and local statutory law, prior to execution of the agreement by those persons authorized by the City Council for such purpose. BE IT RESOLVED, by the City Council of the City of Rancho Cueamonga that: Finding: Authorized Officers. The terms of said Agreement are in the best interests of the City of Raneho Cucamonga for the acquisition of such equipment and the City Council of the City of Rancho Cucamonga designates and confirms Jack Lam, AICP, City Manager and/or Robert Dominguez, Administrative Services Director to execute and deliver, and to witness (or attest) respectively, the Agreement and any related documents necessary to the cons~mm~tion of the transactions contemplated by the Agreement. RESOLVED, the acquisition of the equipment, under the terms and conditions provided for in the agreement, is necessary, convenient, in the furtherance of the best interest of the City and will all times be used in connection with the City of Rancho Cucamonga's governmental and proprietary purposes and functions (except to the extent that subleasing of the equipment is permitted under terms of the Agreement) and no portion of the equipment will be used directly or indirectly in any trade or business. BE IT FURTHER RESOLVED, that the City of Rancho Cucamonga is authorized and directed to fulfill all obligations under the terms of the Municipal Master Lease and Option Agreement No. 464-2. PASSED, APPROVED, AND ADOPTED this 5th day of January, 1994. AYES: NOES: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 5, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director BY: Tarry L. Smith, Community and Park Development Superintendent SUBJECT: ENVIRONMENTAL INITIAL STUDY PARTS I AND II AND REQUEST FOR A NEGATIVE DECLARATION RECOMMENDATION Staff has completed the Environmental Study Parts I and II on the proposed Adult Sports Complex Expanded Parking Lot Project, located at 8287 Rochester Avenue, directly east, across Rochester from the existing Stadium Parkway. Based on the results of the study, staff recommends the finding of a Negative Declaration. BACKGROUND/ANALYSIS This project will include off site work on Rochester to bring it to its ultimate right-of-way improvement, from Foothill Boulevard to Jack Benny Drive. Also, included are street lighting, storm drain improvements, landscaping, asphalt, parking for 1,171 cars and on site lighting. Mitigation measures have been identified for all impacts found in the study. There are no major impacts to the area as a result of this project. Resp~&fu tted, Ri ent Director Attachment 16 A RESnTx~TION OF THE CI'AY O3t~CIL OF IHE UrAY OF ~ ~A'A~ ~ ~ IE OF A ~ D~ ~ ~'~ ~ 8287 ~l'~ AM ~, ~ Ci~ ~il of ~ ~ of ~ nM ~ ~i~ ~1 a~]~hle ~ ~~ ~ ~ ~t ~ ~1~ ~, ~, ~ Ci~ ~il of ~ Ci~ of ~ n~=~....~ ~ ~ ~M ~ ~~1 ~ ~{~ ~ ~ ~ of a ~ ~j~. Erl~ 1: ~ Ci~ ~il of ~ Ci~ of ~ 0~..-~ a ~ti~ ~l~ti~ f~ ~ ~-~ ~t ~ 0'-,~.1~ ~ ~ ~ ~j~. S~i'l~ 2: h Ci~ Ci~ ~ d{~ ~ file a ~ of ~ti~ ~ ~ ~ ~lif~ ~~ ~i~ ~. 17 CITY OFRANCHOCUCAMONGA ---,,. STAFF REPORT DATE: January S, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY Lucinda E. Hackett, Associate Engineer SUBJECT: APPROVAL TO APPROPRIATE $315,673 FROM DEFERRED REVENUE ACCOUNT NO. 22-236 AND EXPEND IT IN SYSTEMS DEVELOPMENT FUND ACCOUNT NUMBERS 22-4637-9206 ($104,891) AND 22-4637-9205 ($209,782), FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE AND BANYAN STREET IMPROVEMENT PROJECT LOCATED NORTH OF HIGHLAND AVENUE. RECINDATION It is recommended that the City Council approve the appropriation of $315,673 from Deferred Revenue Account No. 22-236 to expend in Systems Development Fund Account Nos. 22-4637-9206 ($104,891) and 22-4637-9205 ($209,782) for the construction of the Rochester Avenue and Banyan Street Improvement Project 1 ocated north of Highland Avenue. BACI(GROUND/A~iALYSIS The funds in Deferred Revenue Account No. 22-236 were deposited by the Marlborough Corporation on March 11, 1988 for the construction of off-site improvements as per the Conditions of Approval for Tract 12643 and Parcel Map 9192. A portion of these funds are now being expended to construct a part of the required off-site improvements. Respectfully submitted, ~ William J. O'Nell City Engineer WJO:LEH:dlw CITY OF RANCHO CUCAMONGA ~,"'-"~ STAFF REPORT DATE: January 5, 1994 ~ TO: Mayor and Members of the City Council . Jack Lam, AICP, City Manager ~ FROM: William J. O'Neit, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR ROCHESTER AVENUE AND BANYAN STREET IMPROVEMENT PROJECT LOCATED, NORTH OF HIGHLAND AVENUE AND LMD-6 LANDSCAPE IMPROVEMENTS TO KRUZE AND KRUZE CONSTRUCTION AND ENGINEERING, INC., FOR THE AMOUNT OF $46.4,~73.00 ($422,430.10 PLUS 10% CONTINGENCY), TO BE FUNDED FROM SYSTEMS DEVELOPMENT, ACCOUNT NOS. 22-4637-9206, ($104,891.00) AND 22-4637- 9205, ($209,782.00) AND S.B. 140, ACCOUNT NO. 35-4637-9205, ($1SO,O00.O0) RECelqENDATION: It is recommended that the City Council a~cept all bid proposals as received, award and authorize execution of contract for Rochester Avenue and Banyan Street Improvement Project, north of Highland Avenue and LMD-6 Landscape Improvements, to the lowest responsive bidder, Kruze and Kruze Construction and Engineering, Inc., for the amount of $464,673.00 and authorize the Administrative Services Director to expend $464,673.00 ($422,430.10 plus 10% contingency) to be funded from Systems Development Fund, Account Nos. 22-4637-9206, ($i04,891.00) and 22- 4637-9205, ($209,782.00) and S.B. 140, Account No. 35-4637-9205, ($150,000.00). BAD(GROUND/AJ~ALYSIS Per previous Council action, bids were sol icited, received and opened on December 2, 1993, for the subject project. Kruze and Kruze Construction and Engineering, Inc., is the apparent lowest responsive bidder with a bid amount of $422,430.10 (see attached bid summary). The Englneer's estimate was $663,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectful ly submiIted, Will iam'~. O'Neil City Engineer WJO:LRB:ly Attachment CITY OF RANClIO CUCAMO~A SUMMARY OF PROPOSALS ROCHESTER AVENUE AND BANYAN STREET IMPROVEMENTS & LMD-6 LANDSCAPE IMPROVMENTS ENGINEERS ESTIMATE $632,510.00 BID OPENING, DECEMBER 2, 1993 Kru.ze & Kruze Const. Laird Constrdction Co. Riverside Construction Co. Item Item Unit of Estimated Unit Original Unit Amount Quantity Amount No. Description Measure Quantity Prices Aulhorized Prices !. Cleaxing and C, rubbing LS I $16,768.00 $16,768.00 $19,270.000 $19;.70.00 $20,000.00 $20,000.00 2. Unclassi~ed Excavation CY 3,000 $10.00 $30,000.00 $17.850 $53,550.00 $15.00 $45,000.00 3. Crushed Aggregate TON 2,420 $12.00 $29,040.00 $12.500 $30,250.00 $10.00 $24,200.00 4. A.C. Pavement TON 2,440 $32.50 $79,300.00 $22.100 $53,924.00 $23.00 $56,120.00 S. Cold Plane (5' Wide) SF 935 $1.00 $935.00 $0.920 $860.20 $1.50 $1,40Z50 6- Adj MH Fram~ & $0.00 Cover to Grade EA 6 $336.00 $2,016.00 $400.0C0 $2,400.00 $325.00 $1,950.00 7. Adj. WV Box m Cnnd~ EA 13 $170.00 $2,210.00 $100.000 $1,300.00 $75.00 $975.00 8. Reconslfuct Manhol= HA 6 $500.00 $3,000.00 $1,000.000 $6,000.00 $1,000.00 $6,000.00 9. Catch Basin w = 8 HA I $3,000.00 $3,000.00 $2,750.000 $2,750.00 $3,750.00 $3,750.00 10. Catch Basin w= 21 HA I $5,100.00 $5,100.00 $6,050.000 $6,050.00 $9,500.00 $9,500.00 11. Catch Basin w=28 HA 2 $6,000.00 $12,C00.00 $6,575.000 $13,150.00 $10,500.00 $21,000.00 12. P.C.C. Collar HA I $300.00 $300.00 $1,275.000 $1,275.00 $250.00 $250.00 13. Coast. Janclio, Sttuctth~ No. 2 HA I $750.00 $750.00 $1,0CO.000 $1,000.00 $500.00 $500.00 14. R & R M~somy Block Wall SF 40 $40.00 $1,600.00 $25.000 $1,000.00 $10.00 $400.00 15. Curbside Drain Outlet Detail D EA 2 $2,400.00 $4,800.00 $2,225.000 $4,450.00 $3,750.00 $7,500.00 16. Cttrbside Dnin Oudet Detail E HA 2 $2,300.00 $4,600.00 $ 1,695.000 $3,390.00 $3,750.00 $7,500.00 17. 8" P,C,C. Curb & $0.00 24"Gut~t LF 2,487 $7.00 $17,409.00 $10.000 $24,870.00 $8.00 $19,896.00 i& 4"PCCSdwlk&AccemaRamps SF 12,813 $1.70 $21,782.10 $1.64j0 $20.500.80 $1.50 $19;.19.50 19. PCC&CobblcstoncHardscape SF 1,800 $3.00 $5,400.00 $6.350 $11A30.00 $6.00 $10,800.00 20. Adj. WM Box to Grade HA I $400.00 $400.00 S100.000 $100.00 $250.00 $250.00 21. 30" Trench & BackFall, Conduit, $0.00 Pulltopes & Pull Bmcm LF Delete 22. 24" Dis. RCP Remove Plugt LF 80 $40.00 $3,200.00 $42.500 $3,400.00 $125.00 $10,000.00 23. Install lnduc~v= Loop $0.00 Dettctors HA 5 $1,100.00 $5,500.00 $1,030.000 $5,150.00 $1,500.00 $7,500.00 24. lrdgalion System and Meter LS I $60,000.00 $60,000.00 $53,000.000 $53,000.00 $45,000.00 $45,000.00 25. Hydromee. d SF 6,500 $0.10 $650.00 $0.095 $617.50 $0.10 $650.00 26. Hydrmced {}anzania SF 60,800 $0.17 $10,336.00 $0.200 $12,160.00 $0.20 $12,160.00 27, 180DayMainu:nancePeried LS I $3,600.00 $3,600.00 $5,100.000 $5,100.00 $2,500.00 $2,500.00 2& 1 QL Shrab HA 163 $10.00 $1,630.00 $2.650 $431.95 $4.00 $652.00 29. I Gal Shrub 2,733 $8.00 $21,864.00 $(xl00 $16,671.30 $5.00 $13,665.00 30. 5 Gad Shrub HA 1,513 $15.00 $22,695.00 $14.200 $21,484.60 $16.00 $24,208.00 31. 15GdTR. e HA 199 $70.00 $13,930.00 $72.0C0 $14,328.00 $135.00 $26,865.00 32. 24" Box Taz HA 10 $200.00 $2,000.00 $200.000 $2,000.00 $300.00 $3,000.00 33. 8" P.C.C. Mow Strip LF 94 $10.00 $940.00 $10.000 $940.00 $5.00 $470.00 34. 12' F. questtian Trdil LF 1,075 $25.00 $26,875.00 $30.850 $33,163.75 $32.00 $34,400.00 36. Traffic Suiping, Signing $0.00 & Pavement Markers LS 1 $8,800.00 $8,800.00 $8,335.000 $8,335.00 $7,500.00 $7,500.00 Bid Tolal $422,430.10 $434,302.10 $444,783.00 CITY OF RANClIO CUCAMONGA SUMMARY OF PROPOSALS Page 2 Gentry Brothers, Incorporated Sully Miller ConL Co. Eastland Construction Item item Unit of Estimated Unit Original Unit Amount Unit Amount No. Description Measure Quantity Prices Authorized Prices Prices 1. Clearing and Grubbing LS I $15,000.(30 $15,000.00 $28,200.00 $28,200.00 $80,000.00 $80,000.00 2. Unclassitied Excavation CY 3,000 $14.30 $42,900.00 $21.00 $63,000.00 $12.00 $36,000.00 3. CnlshedAggv~gatc TON 2,420 $12.00 $29,040.00 $11.30 $27,346.00 $10.00 $24,200.00 4. A.C. Pavement TON 2,440 $27.00 $65,880.00 $23.50 $57,340.00 $24.00 $58,560.00 5. Cold Plane (5' Wide) ' SF 935 $2.70 $2,524.50 $2.10 $1,963.50 $1.00 $935.00 6. Adj MH Frame & $0.00 CoverloGnde EA 6 $200.00 $1,200.00 $290.00 $1,740.00 $300.00 $1,800.00 7. Adj. V/V Box to Cande EA 13 $70.00 $910.00 $210.C0 $2,730.00 $30.00 $390.00 & Reconstruct Manhole EA 6 $900.00 $5,400.00 $2,050.00 S12,300.00 $800.00 $4,800.00 9. Catch Basin w = 8 EA I $3,000.00 $3,000.00 $3,600.00 $3,600.00 $3,000.00 $3,000.00 10. Catch Basin w = 21 EA I $6,000.00 $6,0130.00 16,300.00 $6,300.00 $5,000.00 I1. Catch Basin w = 28 EA 2 $7,000.00 $14,000.00 $7,050.00 $14,100.00 $4,000.00 $8,000.00 1/. P.C.C. Collar EA I $350.00 $350.00 $420.00 $420.00 $300.00 $300.00 13. Const Junction Stn~cntn No. 2 EA I $1,000.00 $1,000.00 $1,000.00 $1,000.00 $600.00 $600.00 14. R & R Masomy Block Wall SF 40 $35.00 $1,400.00 $115.00 $4,600.00 $12.50 $500.00 15. Curbside Drain Outlet Detail D EA 2 $3,000.00 $6,000.00 $3,800.00 $7,600.00 $2,500.00 $5,1300.00 16, Curbside Drain Outlet Detail E EA 2 $3,380.00 $6,760.00 $3,900.00 $7,800.00 $2,500.00 $5,000.00 17. 8" P.C.C. Curb & $0.00 24" Guttct LF 2,487 $10.00 $24,870.00 $6.60 $16,414.20 $7.00 $17,409.00 I& 4'PCCSdwlk&Acc~ssRamps SF 12,813 $1.90 $24,344.70 $1.45 $18,578.85 $1.20 $15,375.60 19. PCC & Cobblestone Harriscape SF 1,800 $5.00 $9,000.00 $10.00 $18,000.00 $3.50 $6,300.00 20. Adj. WM Box m Grade EA I $75.00 $75.00 $125.00 $125.00 $50.00 $50.00 21. 30" Tw. nch& B~.ckf'%R, Conduit, $0.00 Pullropes & Pull Bones LF Delete 2/. 24" Din. RCP Remove Plugs LF 80 $160.00 $12,800.00 $160.00 $12,800.00 $75.00 $6,000.00 /3. Install Inductive Loop $0.00 Detcclon EA 5 $1,200.00 $6,000.00 $1,025.00 $5,125.00 $1,500.00 $7,500.00 24. Itrigatinn System and Meier LS I $65,000.00 $65,000.00 $55,500.00 $55,500.00 $60,000.00 $60,000.00 25. Ilydro~eed SF 6,500 $0.11 $715.00 $0.40 $2,600.00 $0.10 $650.00 2& HydreseedGanzanin SF 60,800 $0.21 $12,768.00 $0.16 $9,728.00 $0.40 $24,320.00 2?. 180 Day Maintenance period LS I $6,000.00 $6,C00.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 2& 1 Qt. Sittub EA 163 $3.00 $489.00 $9.50 $1,548.50 $4.00 $652.00 29. 1 Gal Shrub 2,733 $6.50 $17,764.50 $8.40 $22,957.20 $5.00 $13,665.00 30. 5 Gal Shrub EA 1,513 $15.00 $22,695.00 $15.75 $23,829.75 $17.00 $25,721.00 31. 15 Gal The EA 199 $75.00 $14,925.00 $41.95 $8,348.05 $140.00 $27,860.00 3/. 24" Box T~e,e EA I0 $220.00 $2,200.00 $184.00 $1,840.00 $300.00 $3,000.00 33. 8' P.C.C. Mow Strip LF 94 $5.00 $470.00 $4.50 $423.00 $7.00 $658.00 34. 12'Equestl~nTtni] LF 1,075 $28.00 $~0,100.00 $32.~0 $34,937.50 $28.00 $30,100.00 36. Traffic Striping, ~igning $0.00 & Pavement Marken LS 1 $9,000.00 $9,000.00 $8,300.00 $8,300.00 ~$8,500.00 $8,500.00 Bid Total $460,580.70 $484,$94.55 $486,845.60 Original Bid Total $460,42030 $482,254.55 CITY OF RANClIO CUCAMtA SUMMARY OF PROPOSALS Page 3 Vance Corporation JEG Construelion Co., Inc. Palomar Grad. & Pay., Inc. Item Item Unit of Estimated Unit Amount Unit Amount Unit Original No. Description Measure Quahilly Prices Prices Prices Authorized 1, Clearing and Grubbing LS I $37,000.00 $37,000.00 S50'500.00 S50,500,00 $34,250.00 $34,250.00 2, Unclassificd Excavation CY 3,000 $24.50 $73,500.00 $17.25 $51,750.00 $15.67 $47,010.00 3, Crushed Aggregate TON 2,420 $12.25 $29,645.00 $20.00 $48,400.00 $9.40 $22,748.00 4, A.C. Pavement TON 2,440 $29.50 $71,980.00 $24.50 $59,780.00 $24.50 $59,780.00 5, ColdPlane(5'Wide) S]TM 935 $1.25 $1,168.75 $2.80 $2,618.00 $3,20 $2,992.00 6, Adj Mll Frame & SO.GO Cover to Grade EA 6 $500.00 $3,000.00 S350.00 $2,100.00 $300.00 $1,800.00 7, Adj. WV Box toGrnde EA 13 $105.00 $1,365.00 $50.00 $650.00 $100.00 $1,300.00 8, Rccomtruct Manhole EA 6 $650.00 $3,900.00 $1,200.00 S7,200.00 $ 1,500.00 $9,000.00 9, Catch BEin w: 8 EA I $2,700.00 $2,700.00 $3,750.00 $3350.00 $2,500.00 $2,500.00 10, Catch Basin w = 21 EA I $5,950.00 S5,950.00 $10A50.00 S10,450.00 $4,800.00 $4,800.00 I1, CalchBasin w=28 EA 2 $13,000.00 $26,000.00 $10,800.00 $21,600.00 $6,100.00 $12,200.00 12,, P.C.C. Collar EA I $1,300.00 $1,300.00 $250.00 $250.00 $500.00 $500.00 13. Const. Juncfio~ Structure No. 2 EA 1 $1,050.00 $1,050.00 $650.00 $650.00 $1,000.00 $1,000.00 14, R & R Masonry Block Wall SF 40 $39.25 $1,570,00 $30.00 $1,200.00 $15.00 $600.00 15, Curbside D'tain Ou~ct l)c~il D EA 2 $2,275.00 $4,550.00 $2,500.00 $5,000.00 $2,300.00 $4,600.00 16, Curbside Drain Oudet Delnil E EA 2 $1,750.00 $3,500.00 $2,500.00 $5,000.00 $2,200.00 $4,400.00 17, g' P.C.C. Curb & $0.00 24"Grater LF 2,487 $7.75 $19,274.25 $9.50 $23,626.50 $7.15 $17,782.05 !& 4"pCCSdwlk&AcccssRamps SF 12,813 $1.80 $23,063.40 $1.65 $21,141.45 $1.60 $20,500.80 19. PCC & Cobblestone Ilaxdt, c. aFe SF 1,806 $6,40 $11 '520.00 $7.50 $13,500.00 $5.00 $9,0OO.00 20, Adj. WM Box to Grade EA 1 $1,300.00 $1,300.00 $250.00 $250.00 $300.00 $300.00 21, 30' Trench & Backf~l, Conduit, $0.00 pullropes &pull Bt~xcs LF Delete $7.25 $24,650.00 2/. 24' Din. RCP Remove Plugs LF 80 $43.25 $3,460.00 $80.00 $6,400.00 $100.00 $8,000.00 23. Install Inductive Loop $0.00 De~ectors EA 5 S760.00 $3,800.00 $1,100.00 $5,500.00 $1,550.00 $7,750.00 24, Ixtigation System and Meter LS 1 $56,700.00 $56,700.00 $50,000,00 $50,000.00 $85,346.00 $85,346.00 25, Hydr0e, ce.d SF 6,500 $0.06 $390.00 $0.10 $650.00 $0.20 $1,300.00 26, IlydrcaeedGanzanin SF 60,800 $0.08 $4,864.00 $0.21 $12,768.00 $0.39 $23,408.00 27, 180 D~y Maintennnc4: Petted LS I $10,900.00 $10,900.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 28, 1 QL Shrub EA 163 $2.15 $350.45 $Z75 $448.25 $3.00 $489.00 29, 1 Gal Shrub 2,733 $5.00 $13,665.00 $6.25 $17,081.25 $4.95 $13,528.35 30, 5 Gal Shrub EA 1,513 $17.50 $26,477.50 $14,50 $21,93g.50 $14.00 $21,182.00 31, 15 Gal Tree EA 199 $9Z00 $18,308.00 $75.00 $14,925,00 $105.00 $20,895.00 39 24" Box Tree EA 10 $215.00 $2,150.00 $200.00 $2,000.00 $210.00 $2,100.00 33, 8" P.C.C. Mow Snip LF 94 $5.00 $470.00 $6.00 $564.00 $15.00 $1,410.00 34. 12'Equestrian Trail LF 1,075 $37.50 $40,312.50 $36,50 $39,237.50 $43.00 $46,225.00 36, Traffic Striping, Signing $0.00 & Pavement Markets LS 1 $8'500.00 $8,500.00 $8'500.00 $8,500.00 ,$9,460.00 $9,460.00 $513,683.85 $514,428.45 $530,306,20 Original Bid Total $530,314.20 CITY OF RANCI I0 CUCAMONGA SUMMARY OF PROPOSALS Page 4 Mobassaly Engineering Inc. Tetra-Cad ConsL, Inc. Boral Reseuces, Inc. Item Item Unit of Estimated Unit Amount Unit Amount Unit Original No. Description Measure Quantity Prices Prices Prices Authorized !. Cl~uing and Cn-ubbing LS I $56,500.00 $56,500.00 $28,000.000 $28,000.(]0 564,500.00 2. Uncl~-ssilied Excavation CY 3,000 516.00 $48,000.00 $30.0C0 $90,000.00 $27.60 $82,800.00 3. Crushed Aggmgaie TON 2,420 $11.00 526,620.00 $28.000 $67,760.00 $18.80 $45.496.00 4. A.C. Pavement TON 2,440 $26.00 $63,440.00 $27.0C0 $65,880.00 $27.00 $65,880.00 S. Cold Plane (5' Wide) SF 935 $2.40 $2,244.00 $ 1.0CO $935.00 $4.00 $3,740.00 6. Adj MII Fran~ & $0.00 Cover to Gtade EA 6 $250.00 $1,500.00 $300.000 $1,800.00 $300.00 $1,800.00 7. Ad.~. WV Box to Grade EA 13 $75.06 $9'/5.00 $150.000 $1,950.00 $83.00 $1,079.00 & Reconstruct Manhole EA 6 $600.{X) $3,600.00 $2,600.000 $15,600.00 $615.00 $3,690.00 9. Catch Basin w = 8 EA I $3,800.00 $3,800.00 $2,750.000 $2,750.00 $3,500.00 $3,500.00 !& Catch Basin w = 21 EA I $7,{]C0.00 $7,000.00 $5,400.000 $5,400.00 $6,560.00 56,500.00 11. Catch Basin w~28 EA 2 $7,500.00 $15,000.00 $6,800.000 $13,600.00 $7,700.00 $15,400.00 12. P.C.C. Collar EA I $450.00 $450.00 $400.000 $400.00 $310.00 $310.00 13. Coast. Junction Stn~ctme No. 2 EA I $1,100.00 $1,100.00 $850.000 $850.00 $g70.00 5~0.00 14. R & R Masomy Block Wall SF 40 $20.00 $800.00 $40.000 $1,600.00 $72.00 $2,880.00 IS. Curbfide Drain Ouget Detail D EA 2 $2,600.00 $5,200.00 $2,500.000 $5,000.00 $2,150.00 $4,300.00 16. Curbside Drain Outlet Detail E EA 2 $2,400.00 $4,800.00 $2,400.000 $4,800.00 $2,150.00 $4,300.00 17. 8" P.C.C. Curb & $0.00 24" Gutter LF 2,487 $9.50 $23,626.50 $10.000 $24,870.00 $10.40 $25.864.80 I& 4" PCC Sdwlk &: Access Ramps SF 12,813 $1.95 $24,985.35 .. $2.000 $25,626.00 $1.60 $20,500.80 19. PCC & Cobbtestone Ilardscal~ SF l,gO0 $5.00 $9,000.00 $4.000 $7,200.00 $10.60 $19,080.00 2& Adj. WM Box m Grade EA I $75.00 $75.00 $200.0C0 $200.00 $84.00 $84.00 '>1. 30" Ts~nch & Backfall, Conduit, $0.00 Pulh'opes & Pull Boxes LF Deinm $100.00 22. 24" Dia. RCP Remove Plugs LF gO $100.00 $8,000.00 $87.000 $6,960.00 $78.00 $6,240.00 23. Install Inductive Loop $0.00 Detecton EA 5 $1,650.00 $8,250.00 $1,150.000 $5,750.00 $1,000.00 24. Irrigation System and Meter LS I $70,000.00 $70,000.00 $62,000.000 $62,000.00 $106,000.00 $106,000.00 25. Hydraseed SF 6,500 $0.11 $715.00 $0.060 $390.00 $0.65 $4,225.00 26. Ilydroseed Ganzanin SF 60,800 $0.43 $26,144.00 $0.042 $2,553.60 $0.610 $37,08&00 27. 180DayMain~ennnc~P~x~l LS I $5,200.00 $5,200.00 $18,000.000 $18,000.00 $19,000.00 $19.000.00 2& I Qt. Shrub EA 163 $3.30 $537.90 $1.500 $244.50 $1.62 $264.06 29. I Gid Shrub 2,733 $5.50 $15,031.50 $5.6430 $15,304.80 $5.90 516,124.70 30. 5 Gel Shrub EA 1,513 $17.00 $25,721.00 $10.200 $15,~.32.60 510.80 $16,340.40 31. 15 Gal T~ EA 199 $150.00 $29,850.00 $80.0C0 $15,920.00 $84.00 $16,716.00 32, 24" Box Tree EA 10 $300.00 $3,000.00 $120.000 $1.200.00 $26.00 $260.00 33, 8" P.C.C. Mow Strip LF 94 $600 $564.00 $7.0(30 5658.00 $10.60 $996.40 34. 12' Equestrian Trail LF 1,075 $36.00 $38,700.00 $23.000 $24,725.00 $48.00 $51,600.00 36. Traffic Stziping, Signin8 $0.00 &PavementMarkets LS I $10,800.00 $10,800.00 $9,0(X).000 $9,000.00 ~8,300.00 $8,300.00 Bid Total $541,229.25 $542,359.50 $660,729.16 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 5, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer/--~ SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR NINTH STREET WATERLINE, IMPROVEMENT PROJECT LOCATED FROM VINMAR TO SIERRA MADRE AVENUES, TO C.P. CONSTRUCTION COMPANY, INCORPORATED, FOR THE AMOUNT OF $24,887.50 ($22,625.00 PLUS 10% CONTINGENCY), TO BE FUNDED FROM CDBG FUNDS, ACCOQNT NO. 28-4333-9121 RECOI~ENDATION: It is reconmnended that the C~ty Council accept all bid proposals as received, award and authorize execution of contract for Ninth Street Waterline, Improvement Project to the lowest responsive bidder, C.P. Construction Company, Incorporated, for the amount of $22,625.00 and authorize the Administrative Services Director to expend $24,887.50 ($22,625.00 plus 10% contingency) to be funded from CDBG Funds, Account No. 28-4333-9121. BACKGROIJND/AN,qJ, YSIS Per previous Council action, bids were solicited, received and opened on December 9, 1993, for the subject project. C.P. Construction Company, Incorporated, is the apparent lowest responsive bidder with a bid amount of $22,625.00 (see attached bid sumary). The Engineer's estimate was $23,165.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectf~]ly~submitte~, . William~Neil(~Tz~''9]'/k'/ City Engineer WJO:LRB:ly Attachment cc: Purchasing BID DATE: DECEMBER 9, 1993 CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS NINTH STREET WATERLINE, FROM VINMAR TO SIERRA MADRE AVENUES ENGINEERS'S ESTIMATE C.P. Construction Stanley F. Yelich, Inc. Item Item 'Unit of Estimated Unit Original Unit Amount Unit Amount No. Description M~asure Quantity Prices Authorized Prices Prices 1. 4" A.C. Pavement TON 60 60 $3,600.00 $50.00 $3,000.00 $42.00 $2,520.00 2. 8"Tee, GV 2" Blow OffBl. FIn LS I 2000 $2,000.00 $2,190.00 $2,190.00 $3,500.00 $3,500.00 3. 8" Din. CML & W Pipe LF 363 30 $10,890.00 $23.85 $8,657.55 $22.00 $7,986.00 4. Con. 8" WL to Existing EA I 600 $600.00 $325.95 $325.95 $400.00 $400.00 5. lnst. 1" Cop. Pipe Ser./l" Dora. $0.00 $0.00 $0.00 Meter &Box EA 4 500 $2,000.00 $350.00 $1,400.00 $700.00 $2,800.00 6. Remove Meter EA 4 25 $100.00 $150.00 $600.00 $100.00 $400.00 7. Remove Valve, Cap &Abandon $0.00 $0.00 $0.00 2" Line EA 2 150 $300.00 $200.00 $400.00 $100.00 $200.00 8. Install Pressure Reg. Valves EA 4 150 $600.00 $105.00 $420.00 $450.00 $1,800.00 9. Inst. 1" Copper Tubing Serv Ln. LF 179 15 $2,685.00 $18.50 $3,311.50 $10.00 $1,790.00 10. Cap Abandon Exist. Service Line EA 4 50 $200.00 $105.00 $420.00 $75.00 $300.00 I1. Restore Landscaping SF 100 i.65 $165.00 $12.00 $1,200.00 $10.00 $1,000.00 12. Traffic Control LS I 25 $25.00 $700.00 $700.00 $1,000,00 $1,000.00 Total $23,165.00 $22,625.00 $23,696.00 Sonora Pipeline Rainier Const. Co., Inc. Hood Corporation Item Item Unit of Estimated Unit Original Unit Amount Unit Amount No. Description Measure Quantity Prices Authorized Prices Prices 1. 4" A.C. Pavement TON 60 50 $3,000,00 $75.00 $4,500.00 $50.00 $3,000.00 2. 8"Tee, GV 2" Blow Off BI. Fla LS I 30(}0 $3,000.00 $2,200.00 $2,200.00 $3,930.00 $3,930.00 3. 8" Dia. CIVIL & W Pipe LF 363 33 $1 t.979.00 $45.50 $16,516.50 $46.00 $16,698.00 4. Con. 8" WL to Existing EA I 100 $100.00 $1,500.00 $1,500.00 $1,043.00 $1,043.00 5.. Inst. 1" Cop. Pipe Ser./1" Dora. $0.00 $0.00 $0.00 Meter &Box EA 4 445 $1.780.00 $500.00 $2,000.00 $550.00 $2,200.00 6. Remove Meter EA 4 40 $160.00 $100.00 $400.00 $100.00 $400.00 i 7. Remove Valve, Cap &Abandon $0.00 $0.00 $0.00 2" Line EA 2 100 $200.00 $150.00 $300.00 $250.00 $500.00 8. Install Pressure Reg. Valves EA 4 180 $720.00 $150.00 $600.00 $55.00 $220.00 9. last. l" Copper Tubing Serv Ln. LF 179 8 $1,432.00 $11.00 $1,969.00 $31.00 $5,549.00 10. Cap Abandon Exist. Service Line EA 4 50 $200.00 $250.00 $1,000.00 $150.O0 $600.00 11. Restore Landscaping SF 100 8 $800.00 $10.00 $1,000.00 $15.00 $1,500.00 12. Traffic Control LS I 3350 $3,350.00 $3,500.00 $3,500.00 $500.00 $500.00 Total $26,721.00 $35,485.50 $36,140.00 Page 2 Albert W. Davies, Inc. Atlas Allied, Inc. Item Item Unit of Estimated Unit Original Unit Amount Unit Amount No. Description Measure Quantity Prices Authorized Prices Prices 1. 4" A.C. Pavement TON 60 70 $4,200.00 $100.00 $6,000.00 0.00 2. 8"Tee, GV 2" Blow Off BI. Fla LS i 3200 $3,200.00 $2,000.00 $2,000.00 0.00 3. 8" Dia. CML & W Pipe LF 363 36 $13,068.00 $47.00 $17,061.00 g0.00 4. Con. 8" WL to Existing EA I 1000 $ i ,000.00 $2,000.00 $2,000.00 ~0.00 5. Inst. I' Cop. Pipe SerJl" Dean, $0.00 $(}.00 ;0.00 Meier &Box EA 4 600 $2,400.00 $800.00 $3,200.00 ;0.00 6. Remove Meter EA 4 200 $800.00 $200.00 $800.00 ;0.00 7. Remove Valve, Cap &Abandon $0.00 $0.00 ;0.00 2" Line EA 2 200 $400.00 $500.00 $ 1,000.00 ;0.00 & Install Pressme Reg. Valves EA 4 230 $920.00 $500.00 $2,000.00 ;0.00 9. lnst 1' Copper Tubing Sent Ln. LF 179 30 $5,370.00 $15.00 $2,685.00 ;0.00 10. Cap Abandon Exist. Service Line EA 4 300 $ 1,200.00 $200.00 S800.00 ;0.00 IL Restore Landscaping SF 100 40 $4,000.00 $4.00 $400.00 0.00 12. Traffic Comrol LS 1 1000 $1,000.00 $1,000.00 $1,000.00 ;0.00 Tolal $37,558.00 $,38,946.00 ~0.00 CITY OF RANCH0 CUCAMONGA STAFF REPORT DATE: January 5, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY Mike · ivier, Senior Civil Engineer SUBJECT: APPROVAL TO AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND WILLIAMSON AND SCHMID, TO PREPARE DESIGN PLANS SPECIFICATIONS AND ESTIMATES Ro. TE STOW D IN P RT O. 0 ,.E .ILLIKE. AVE..E F FOOTHILL BOULEVARD TO ARROW ROUTE FOR $49 000.00 PLUS 10% CONTINGENCIES TO BE FUNDED BY A X MEASURE ~, ACCOUNT NO. 32- RTERI L 4637-9328. RECO44ENDATION It is hereby recommended that the City Council approve, award and execute the above subject Professional Services Agreement with Williamson and Schmid for the design of Arrow Route Storm Drain. BAD(GROUND/AN~J,YSIS On December 1, 1993, board members of SANBAG approved $1,500,000 of Arterial Measure I Funds for the extension of Milliken Avenue from Foothill Boulevard to Arrow Route. The proposed work not only includes the design and construction of a new roadway, but also a storm drain. In anticipation of this funding in-house staff have been proceeding with the design plans, specifications and estimates for the road work; however, to keep the entire project on schedule with the proposed MetroLink Station, an engineering consultant should be brought on board to prepare the design plans, specifications and estimates for the storm drain work. The engineering firm of Williamson and Schmid has done considerable drainage studies in the area and because of this, the start-up time to begin design work is minimized due to this firm's familiarity. Also, after rating their engineering proposal it shows a determination of adequacy of skill as well as delivery of an acceptable professional design project in an accel erated time schedule. Therefore the firm of Williamson and Schmid is reconmnended to provide professional engineering design services for the storm drain portion of the Milliken Avenue extension. City Engineer WJO:MO:ly CITY OF RANCHO CUCAMONGA STAFF REPORT " DATE: January 5, 1994 ~ ' TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: CONSIDERATION OF DEVELOPMENT REVIEW 93-13 - WESTE~Iq PROPERTIES - Consideration Of an appeal Of the Planning Commission's decision to deny the design review of elevations for Building X, a 5,350 square foot retail building within the Tetra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue, in the Con~nunity Co~m~ercial District APN: 1077-421-70. (Continued from December 1, 1993.) BAClI~I%O~IMD On December 1, 1993, the City Council conducted a public hearing regarding the applicant's appeal. After receiving public testimony, the Council appointed a Subcommittee (Stout & Williams) to work with the applicant on revising the elevations. The public hearing was continued. Since that time, the subcommittee and staff have met with the applicant and given direction to the architect for revisions. Revised elevations were submitted end are currently being reviewed by the Sukommlttee. The Subco~unittee will present an oral report at the meeting. The Resolution of Approval is attached for consideration should the revised plans address the concerns of the City Council. Brad Bailer City Planner BB:DC/Sp Attachments: Exhibit "A" - Staff Report dated December 1, 1993 Resolution of Approval CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December I, 1993 .. TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Bullet, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DEVELOPMENT REVIEW 93-13 - WESTERN PROPERTIES - The consideration of an appeal of the Planning Connnission's decision to deny the design review of elevations for Building X, a 5,350 square foot retail building within the Terra Vista Town Center, located at the northeast corner of Foothill BOulevard and Haven Avenue, in the Community Commercial District - APN: 1077-421-70. Staff recommends that the City Council uphold the decision of the Planning Commission denying the Design Review for Building X. A Resolution of Denial is attached for Council action. The Commission approved the conceptual elevations for Buildings X and Y in December, 1987. The final building design and architectural details were approved in November 1989, as shown in Exhibit "F." Subsequently, the developer received building permits, but did not pursue the construction the buildings. In late July 1993, the developer suklnitted new elevations for Buildings X and Y. The design and intended use of the two buildings has changed from a two-story building for financial and office use to a single- story building for retail use. On August 11, 1993, the Commission reviewed the new elevations and directed the developer to address their des ~ gn concerns. At the meetings of August 25 and October 13, 1993, the CommLss~on reviewed the revised elevations as shown in Exhibits "G" and "I" and approved Building Y, but did not approve Building X. The Co-~ission then denied the Building X desigu at the October 27, 1993 meeting. The developer made a timely appeal of the Con~ission's decision. In the appeal letter, the developer stated that the C~ission exceeded scope of their authority. The General Plan establishes the Development ~ t Design Review process to implement the goal of quality c~ity design. Commission's action in this application is within the authority established the General Plan and Chapter 17.06 of the Development Code. CITY COUNCIL STAFF REPORT DR 93-13 December 1, 1993 Page 2 In their review of this application, the Commission recognized that Tetra Vista Town Center is an award-winning shopping center since it received the prestigious "design excellence" award from the International Council of Shopping Centers (ICSC) in 1992. The Comission noted the importance of the corner at Foothill Boulevard and Haven Avenue and the requirement that any building at this intersection have the same high level of design integrity as the center. The concept of replacing the previously approved two-story buildings with one- story retail buildings was accepted by the Commission with the understanding that the design quality of the original approvals would not be lost. The developer acknowledged the Commission's concerns and agreed to work diligently to address them. The Commission found the revised design of Building Y to be acceptable, but not Building X. The Commission felt that the overall building design was too simple and that it looked like typical in-line retail shops. Exhibits "H" and "I" show the progression of the design of Building X. The Commission believed that both sides have tried very hard to work together in molding the design of Building X, but the outcome was not successful. The Commission did not approve Building X because the form and the scale of this building does not provide the proper balance with Building Y and the design does not project the architectural significance required at this corner or when compared to the previous design and other buildings in the center. The Comission, with a majority vote, denied the design of Building X. Copies of the August 11, August 25, and October 13, ~993 Co-w. ission minutes, along with the pertinent staff reports, are attached with this report for the Council review. Respe ly s ' ted City Planner Attachments:Exhibit "A" - Appeal letter from the applicant Exhibit "B" - Commission Resolution No. 93-89 Exhibit "C" - October ~3, August 25, and August ~, 1993 Planning Comission Minutes E~hibit "D" - October 27, October 13, and August l~, 1993 Planning Comission Staff Reports Exhibit "E" - Location Maps Exhibit "F" - Previously approved elevations of Buildings X ~ Y (~989) Exhibit "G" - Approved Building Y elevations Exhibit "B" - Proposed Building X elevations dated August ~ and August 25, 1993 Exhibit "I' - Proposed Building X elevations dated October II. 1993 Exhibit "J" - Perspective of Building X Resolution of Denial Lewis Homes Management Corp. 11~6 North Madman Avenue / ~O. ~x 670 / Upl~. C~ifomi~ 91785~70 ~8~ I F~: ~7~ November 3, 1993 CI~CLE~K NOV 0 8 leg3 Ms. DeUby Adams City ClerR 17~ 8~ The City of Ranthe Cucamonga 10500 Civic Center Drive Ranthe Cucmamonga, CA 91729 Re: Development Review 93-~3# Building · Tetra Vista Town cen~er Dear Ms. Adams, Attached you will find a letter dated October 28, 1993 from Gail Satchel of the City of Ranthe Cucamonga by which I was advised that at the Planning Commission meeting of October 27, 1993 the above captioned Application was denied. This denial was in accordance with Planning Commission Resolution 93 - 89, a copy of which is also attached for your use. In accordance with our rights, Western Land Properties hereby appeals Resolution 93 89 to the City Council based on Western Land Properties belief that the decision of the Planning Commission was arbitrary, and exceeded the scope of their authority. In addition, we believe that the Resolution of Denial was passed by a 3-2 vote and not S-0 as shown (which has been confirmed by Gail 'Sanchez). Additionally enclosed is a check for the $126 appeal fee. Please schedule this appeal for the next available City Council mee~.ing. It you ~ave any questions pAease call me at (909) 946- 7502. Sincerely yours, Western Land Properties, a California Limited Partnership b, L..i, ,o,,, ,n,,,.nt c,,p. k by Riohard A. Mageri its ~xeoutive Director off Commercial Development 31 R.ESOLUTION NO. 93-89 A RESOLUTION OF THE PLANNING COMM~'SSION OF THE CIT~ OF RANC~O CUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE DBVILOPMXNT RX~/IEW NO. 93-13, THE DESIGN R~VIEW OF ELEVATIONS FOR BUILDING X, A 5,350 SQUARE FOOT RETAIL SUILDING, WITHIN THE TEPJtA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVAitD A/rD HAVEN AVENUE IN THX COMMUNITY COMMERCIAL DISTRZCT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-70. A. Recitals. 1. Western Properties has filed ·n application for the approval o~ Develolmaent Review No. 93-13 as described in the title of this Resolution. Her·in·fief in this Resolution, the subject Develolm~ent Review request ks referred to as "the application.' 2. On August 11, August 2S, October 13, end OCtober 27, 1993, the Planning Commission of the City of Rancho Cuclmonge conducted · meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have oocurred. S. ~ N0%4, THXREPORE, it iS hereby found, determined, end resolved by the Planning C~iseion of the City of Rancho cueamong· Is follows: 1. This Coe~aiseion hereby specifically finds that all of the facts set forth in the Recitals, Part A, o~ this Resolution are true and correct. 2. Based upon substantial evidence presented to this C~ission during the above-referenced ~eetingl on August 12, August 2S, OCtober 13, and October 27, 1993, including witten and oral staff reports, this C'~waission hereby specifically finds as follows: a. The application applies to property Identified Is Pads X and Y, located at the northeast corner of Foothill ~ulevazd and Haven Avenue and is presently iJs~roved with landscape and hardscapel and b. The properties to the north and east cf the subject site are developed with · shoppln~ center, the property to the south is developed wt=h in office peek, and the property to the west is developed with a mixed-use business park] and c. Buildings X and Y are part of the Tetra Vista Town Center and were approved as two-story office buildingel and d. The applicant requested to change the apprcved elevat~on. for Buildings X and Y from a two-story to · einqle-story building design, and tros offic. to r.t.il u.., .rid p~AMNING COMMISSION RESOLUTION NO. 93-~9 DR 93-13 DBNIAL - WESTERN PROPERTIES October 27, 1993 Boulevsrd and Haven Avenue is very important and that the architecture should be of significance; and f. The Ccffl~lssion initially reviewed the new elevations at the meeting on Au~s~ ll, Z993, and the applicant a~red with the c~ission that additiona~ exhibits ~rl necessary ~o better depict and address the concerns raised by the Comission. The Cliomien did net find the t~ ~uiZdinql, as presented, consis~en~ wi~h the s~andard set ~i~h the ori~ina~ proJec~ ap~rova~ for these ~ buiZdin~ pads. A~ ~ha~ tS, ~he ~iss~on directed app~ic~t ~o revise ~hl ~ lin~e Ito~ buildings wl~h a design ~ha~ ma~ches the sm level of sophistication as ~hs a~rov~ elevations} ud g. At the mee~in~ on au~st 2~, 1993, the ~ission ~ound the revis~ elevations of Building Y to be acce~le but detemin~ ~hat Bui~din~ X was not. The c~iseion approv~ Building Y with the sendirish ~hat 8ulldin~ x be su~Jec~ uo fu~her C~kssion r~i~l ~d h. A~ ~he ~n~ on ~oMr 13, 1993, ~he ~lssLon deli~ra~ed on ~he ~ssue off whether BuildinV I mrs ~he design s~udards ~he cancer. The C~ssion a~r~ ~ha~ ~he a~licu~ had ~rl~ ~o ad~se design concerns by addin9 s~ore~ronu glass ud architectural de~a~ls ~o building bu~ ~he e~ec~ was no~ succeeefful. ~e uJori~y off ~he de~e~n~ ~ha~ ~he pro~s~ scale or Building Z dMs no~ provide c~pa~bil~ ~o Bulldin9 Y and ~he dssl~ d~s n~ have ~he level architectural excellence r~lr~ fief a building' a~ ~hie intersection. The C~ssion, w~h a majority vo~e, direc~ s~arff ~o pre~Ee a Resolution off Den~al Elf ~heir adoption a~ ~he m~lnV on ~oMr 27, 1993. 3. Based u~n ~he subs~u~lal evidence presen~ ~o ~h~s C~ss~on durin~ ~he ~ove-refferenc~ m~ln9 ud u~n ~ s~lffic eind~ngs o~ ~ac~s ss~ ~o~h ~n paragraphs 1 and 2 2~, ~his ~lssion here~ ff~nds and concludes as a. Tha~ ~he pro~s~ proJec~ ~s cons~s~en~ wi~h ~he objectives off ~he General PlU~ ~ b. Thee e~ pro~e~ proJ~t Is In accord wl~h ~he objective ~he Tetra vista PI~ ~n~y and ~ ~ees off ~ d~s~r~c~ ~n ~he lice II l~at~/~ c. That ~he archit~ture of hildinV I Is not consistent vLth the archiCe~ural standards est~limh~ in ~he Torts Vim~a T~ ~nCer ~hrcuqh Cend~t~onal Use Pmm~ ~-12. 4. Bas~ u~n the ~lndin~m a~ conclusions se~ forth paragraphs l, 2, and 3 mrs, this calsmlon hereby denims the without prejudice. DR 93-13 DENIAL - WESTERN pROEERTIES O~to~er 27, 1993 S. The Secretary to this C~menission shall certify to the adoption of this Resolution. ApPROV~D AND ADOPTED THIS 2?TH DAY OF OCTOBER 1993. pLANNING CO SSIOH OF THE CITY OF RANtHe CUCAMONGA ~LA/qNING/OSSION BY: cNlel, thai n ATTEST: I, Brad Bullet, Secretary of the P~enning c~emllelon of the City of Ranthe Cucsa~nga, do hereby certify that the foregoinV Resolution wet duly and regularly introduced, passed, and adopted by the Planning ~lesion of the City of Ranthe Cucamonga, at · regu~·r meeting of the Planning C~emission held On the 27th day ~f October 1993, by the followinV v~te-to-wi=z AYES: COMMISSIONERS: CMITIEA, MCNIEL, Mvr-CHER NOES: COMMISSIONERS: TOLSTOY, VALLETTE ABSENT: COMMISSIONERS: NONE CZTY OF RA,NCHO CUC~4ONGA PLANNING COM~ZSSZON HZNUT~S Adjourned Meeting October 13, 1993 Chairmen McNiel called the Adjourned Meeting of the City of Rancho Cuc~nga Planning Commission to order at 9:00 p.m. The meeting was held in the Rains Room at Rancho Cuc~monga Civic Center, 10500 Civic cen=er Drive, Rancho Cuc~monga, California. COMMISSIONERS: PNESENT: Suzenne Chitlea, Larr~ MCNLel, John Melcher, Pe=er TOlstoy, wendy Velle==e ABSENT: None STAFF PP~SENT.' Bred Bullet, Cl=y Planner; Nancy Fong, Senior Planner A. DEVELOPNENT REVIEW 93-13 - W~STERN PROPwRTI!m The design review of elevations for Building X within =he Tetra vis~e Town Cenner, located a~ =he nor~hees= corner of Foothill B~uleverd end Haven Avenue - APN: 1077-421-70. Nancy Fong, Senior Planner, presented ~he s=eff report. Hike Leelay, Wee=am Properties, referenced severe1 l~eme on ~he sap=ember 21, 1993, ~e==er =o =he applicant. S=aff reminded ~he epplioan~ =he~ ~he purpose of ~he w~rkshop was to review =he revised eleveEion of Building X. Tom Bond, Archi=ec=s Peellice, archl=ec~ fCr Wee=sEn Proper~iee, described improvements he had made ~o Building X. Cumaissionere chilies ~d Valle~e s~e~ed ~h&~ ~hey concurred wi=h reooemende~lons as ~u~llned in ~he s~eff report. Commissioner Melther s~a~ed he did no~ find ~ha= ~he design of ms=chad =he e~ele end excellence of ~he entire cea=er. Commissioners Valle~=e and Chilies remarked ~hey had raised ~he same concer~e e~ previous workshops. C~mieeioner Tols=oy expressed d~sap~in~n~ wl=h =he building design. Mike LaBlay lndice=~ a willingness ~ change sm ~f ~he detail e~.~e pre-cas~ concre=e. Tcxn Bond explaine~ that the Mission style of architecture includes the use of contrasting the sample wlth the very detailed elements. chairman MCNIel {ale that the design for the buildlng should be given the same attention as the entrance to a very important building or center. Commissioner Melcher stated that Suildlng X appears to be · misfit when compared to the rest of the center because it is the only single-etor~ building chat has a gable roof, excep~ for one Cheater and Montgomery Wards which are ma~or anchors. Tom Bond explained that the building scale relates to the pedestrian height yet it is still I very tall one-story building. The CcMmnislion agreed that the applicant had tried to address the design concerns with additional storefront glass and architectural details but the outcome was not Successful. Commissioners Vallette and Tolstoy believe~ that Building X, as proposed, could be further Amproved with changing the maee and scale of the building An order to meet the architectural standards of the center. C~mmieeionerl Marcher and chitlea and ChaiL~nan McNlel felt that the scale of Building X does not provide for c~patlblllty with Building Y and the design does not have the same level of architectural excellence as in the rest of the center. MOTION: Moved by Melcher, seconded by chitlea, to deny the design o~ Building X and direct staff to prepare a Reenlutton of Denial ~nr adoption at the meeting on October 27, 1993, as a C~nsent Calendar item. M~tion carried by the following vote: AYES: COMMISSIONERS: CHITIrA, MC~XIL, MBLCHBR NOES: COMMISSIONERS: TOLSTOY, V~LLBTTB ABSENT: COMMXSSIONERS: ~ -curled Coauuiseioner Vallette stated that she voted no ~ecauee she was still willing to work with the applicant to addreel the concerns, The meeting edJeMrned at 10:00 p.I. Respectfully eu~Atted, PC Ad3ourned Minutes -2- October CITY OF ~ANC~ CUC~ONOA PLANNING COM2~I$SION MINUTES Adjourned Meeting August 25, 1993 Chairman McNiel called the Adjourned Meeting of the City of Rancho Cucamonga Planning Com~seion to order at 10:20 p.m. The meeting was held in the Rains Room at Rancho Cucamonga Civic Center, 10500 Civic Center Orive, Rancho Cucamonga, California. ROLL CALL COM~ISSIONERS~ PRESENT: Larr~ McN~el, John MoOcher, Peter To~s~o~, Wendy Valle~=e ABSENT: Suzanne Chiniel STAFF PRESENT: Brad Sublet, City P~anner; Nancy Fong, Senior P~anner A. DE~LOPMENT REVIEW 93-13 - ~STERN PROPERTIF~ - The design revi~ e~evationl for Buildings X and & within the Tetra vista Town Concot, located at =he nor=beast corner of Foothill Boulevard and Haven Avenue APN: 1077-421-70. Nancy Fong, Senior P~anner, presented =he staff Tom Bond, Archinec=s Pacifica, architect for Western Pro~r~iel, descriDed =he CoMission =he changes he had made =o buildings X lad Y. CoMissioner Vailerie stated =hat both buildings need ~0 have additiona~ architectural e~e~is~ents such as stone treatment around arches, wkndows, etc., similar =o the aperoved e~evations. CoMiseioner Tolstoy r~arked that the west elevation of building X looked ~ike the back side of a building. Co~issioner MoOcher fe~t thac ~his west e~eva:ion was acceptable. Chairman McNieX agr~ wich CoMissioner Tolscoy's rosen: on the elevation. CoMilsioner Eelchef ~eltioned whether =he pro~led ~ocaCion of ~he ~rasn encXosure ares ~s appropr~ane so c~ose :o Foothill 8ou~evard. Mike LalXey, Western Pro~rtiel, stated ~he ~ocations is shown on =he approved p~ans. commissioner Tolstoy asked if the parking next to the trash enclosure will be for loading and unloading. Mike LasZey indicated that they can stripe the parking spaces next to the trash enclosure area as a loading space. Brad 8uller, City Planner, suggested the Co,vaission make a decision on Buildings X and Y. He suggested the Commission could come to a consensus to approve Building Y and to bring Building X back for another workshop. Me pointed out that the Commission should provide direction to staff and the applicant regarding whether the proposed sign location for Leaps and Bounds at the south elevation of building Y is acceptable. He observed the approved sign program allows the sign to be located at the facia instead of the parapet wall. The consensus of the Commission was that the elevation for Building Y is acceptable. The majority of the Commission felt that the elevation for Building X needs improvement. Motion: Moved by Me~cher, seconded by Vailerie, carried 4-0-1 with Chitlea absent, to approve the revised elevations of BuiLding Y; to direct the applicant to revise and resubmit Building X for Coe~nislion review at a future workshop; to find the sign Location on the parapet wall of the south elevation of Building Y acceptable, so Long as there is only one tenant, however, sign placement to revert to the facia (~ower sign band area) consistent with the approved sign program when two or more tenants occupy the building; an~ to provide that all secondary issues identified in the August 11, L993, staff report be approved by the City Planner. ADJOURNMENT The meeting ad3ourned at 11:45 p.m. RespectfuLly secretary PC Adjourned Meeting Minutes -2- August 25, ;;~; CITY OF RANCMO CUCAMONGA PLANNING COMMISSION MINUTES Adjourned Meeting Augus~ 11, 1993 Chairman McNiel called the Adjourned Meeting of the City of Rancho Cuc&monga Planning commission to order a= 8:00 p.m. The meeting was held in the Rains Room at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMJ(ISSIONERS: PRESENT: Suzanne Chitiea, Larry McNiel, John Melcher, Peter Tolstoy, wendy vallette ABSENT: None STAFF PRESENT: Brad Bullet, City Planner; Dan coleman, Principal Planner; Nancy Fong, Senior Planner; Dan James, Senior Civil Engineer; Steve Ross, Assistant Planner A. DE~LOPMENT REVIEW 93-13 - WESTERN PROP=RTIES The design review of elevations for Buildings X and Y within the Tetra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-70. Nancy Fong, Senior Planner, presented the staff report. Richard Mager, Western Properties, introduced their teem to the Commissioners. He stated there is no foreseeable prospect for bank or office uses in Buildings X and Y. He said they have decided to go with retail uses. Srian KoJos, the Staubach Company, explained the concept o~ Leaps and Bounds as an indoor family play center geared toward children up to 9 years old. Mr. Mager stated that Leaps and Bounds is different from Fundazzle in that the parents have to stay in the building with the children. Brad Bullet, City Planner, reminded the commissioners that the focus of tonight's workshop wee to review the design for the two buildings. chairmen McNiel cmnded the superb design of the center. He felt that the proposed elevations for Buildings X. and Y fall short of the design excellence. Me thought the design of the two buildings is toe sample end looks like typical in-line retail shops. Me tomneed that the corner ~e wary C~illioners chitira and Melcher expressed concerns with the reduced v~ew corridor into the center. Tom Bond, Architects Pacifies, architect for Western Properties, stated that it is unreellstic to expect a wide view corridor into the center. He explained the function and design of the two buildings. buildings at this corner should have architectural treatment that pro~ect them as the crown jewel of the center. Mr. Mager interjected that because of economic conditions, it is not financially feasible to build two-story office buildings. He disclosed that the rent has dropped from to $2.00 to $1.50 per square foot. situations; however, he felt this type of use may not be appropriate at this Mr. Maqer felt this type of use would bring pedestrian activities into the plaza area. c~mmiseLoner Vallette suggested that the box-like design of Building Y have Gary 8aker,'BSW International, architect representing Leaps end 8ounds replied that the floor plan cannot be modified because it is tied to the function of the plan. Mr. Bullet suggested the commission first determine if one-story buildings ace acceptable. He said if the Commission felt one-story buildings ere acceptsDie, it could then move on to provide direction to the applicant for addressing the other architectural design elements of the buildings. Commissioner Veilstie remarked the one-story is not tN overlx~derinq and may allow more visibility into the center. However, she felt the design needs capture the same sophisticated design as shown Ln the epproved elevations. Commissioner Tolstoy agreed one-story is acceptsbias h~wever, he felt design is t~ different free the original concept end lacking Ln architectural exoellence. He expresled hi8 concern with orienting the back side of one the buLldines to face Haven avenue. commissione[ Meloher agreed one-story buildingl would be acceptable cut felt the prowled architecture is commissioner ChArles stated she would accept one-story buildings with design. chairman MeNial added that he would accept single ltory only If the are designed as the Jewel of the center. The Commission directed the applicant :0 forward revised designs no s:aff August 18 in order to schedule a workshop following the regular Commissio~ meeting of August 25, 1993. B. DESIGN REVIEW FOR TRACT 13316 o L. D. KING - The review Of alternative grading schemes for compliance with the Hillside Development Ordinance for a recorded tract map consisting of 123 lots on 84 acres of land in the Very Low Residential District (less =nan 2 dwelling units per acre}, located on the east side of Archibald Avenue, ~orth of Carrari Street - APN: 210-071-14, 37, and 45. Brad Bullet, City Planner, gave a brief introduction to the project and stated the purpose of the workshop. Steve Ross, Assistant Planner, gave a presentation describing the location of the site and the project's background and its relationship to the Hillside Development Ordinance. He stated the purpose of the workshop was to determine to what extent the Commission expects the applicant to comply with the ~illside Develo~ent ordinance. ~e said specifically the co~niseion'l purpose was to review the proposed grading alternatives and give the applicant a direction to proceed with the application. Commissioner Tolstoy related that a peach orchard had previously been located at the site. David 8uxbaum, representing Chins Valley Bank, stated the project was acquired through foreclosure by the bank. He said the bank'l goal ie to develop the tract so that it can be sold to a builder. He indicated the bank will install the storm drain system, mall grade the site, and install the streets and related infrastructure. Carla Serard, representing L. O. King, described the alternative grading concepts that were before the Commission for review. Commissioner Vailerie laid she worried that the lots would be sold to individual buyers for the construction of custom homes. She felt there should be some architectur·~ conformity. Mr. auxbaum etated the bank had filed · letter with the city Engineer stated it did not intend to have the project built with custom homes, but wanted sell the whole project to a developer. Mr. Bullet etated the bank could sell the project to a builder with she requirement that certain architectural criteria be met relating to a uniform design theme with sensitivity to the Hillside Ordinance. Commissioner Melther added the bank could have an architect eltablLlh a dee~1n envelope for the prospective homes. He felt an architect would also be consulting regarding the afn~unt of grade which could be acc~fnodlted house design. PC Adjourned Hinutel -3- August II. ~3 41 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 27, 1993 TO: Chairman and Members of the Planning Cou~nission FROM: Brad Bullet, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DEVELOPMENT REVIEW 93-13 - WESTERN PROPERTIES - The design review of elevations for Building X within the Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-70. BACKGROUND: At the meeting on October 13, 1993, the Commission reviewed the revised elevations of Building X and deliberated on the issue of whether the building met the design standards of the center. The Co~m~ission agreed that the applicant had tried to address their design concerns by adding storefront glass and architectural details to the building but the effect was not successful. The ma3ority of the Co~tnission determined that the proposed scale and design of Building X did not provide compatibility to Building Y, nor did it have the same level of architectural excellence required for this center and specifically the buildings at this intersection. The Commission, with a majority vote, directed staff to prepare a Resolution of Denial for adoption at the meeting on October 27, 1993. ~ECOMMENDATION: Staff recommends that the Co~nission review the attached Resolution of Denial. If the Co~nission concurs with adoption of the resolution would be appropriate. Resp lly ' ted, City Planner BB:NF/jfS Attachments: Draft Planning Commission Minutes dated October 13, 1993 Planning Commission Staff Report dated October 13, ~993 Planning Commission Minutes dated August 25, 1993 Exhibit "A" - Building Elevations R.,olutio. of D..i.1 CITY OF RANCHO CUCAMONGA DATB: october ,93STAFF REPORT ? TO: Chairman and Members of the Planning Comission ~. FROM: Brad Bullet, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DEVELOPMENT REVIEW 93-13 - WESTERN PROPERTIES - The design review of elevations for Building X within the Tetra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-70. BACKGROUND: On August 25, 1993, the Planning Commission reviewed the revised elevations for Buildings X and Y. The Commission found Building Y acceptable but felt Building X needed refinement. The Commission then approved Building Y with the condition that Building X be subject to further review. Attached for the Commission's reference are copies of the approval letter with the conditions of approval for Development Review 93-13 and the draft minutes Of the meeting for August 25, 1993. The applicant has refined the elevations of Building X by adding plaster trim with scored lines to resemble pro-cast concrete trim around the arches at the north and south sides of the building. Two smaller pre-~ast concrete medallions were added to the north elevation. STAFF COMMENTS: Staff reviewed the revised elevations and determined that the applicant has improved them per the Co"mmission's direction. BOwever, staff feels that the elevations can be further enhanced by the following treatment: The proposed plaster trim with scored lines around the arches at the north and south elevations should be changed to pro-cast concrete material. 2. Pre-cast concrete trim should be added to the east and west sides of the south gable entry. 3. Pro-cast concrete trim should be added to the arch at the east elevation. P. ECOMMENDATION: Staff recomends that the Co~.mission review the revLsed elevation. If the Commmiseion finds it to be &cceptable and concurs with staff's recomendation, thsn approval of Building X through minute action would be appropriate. .y Planner ~ Attachments: Planning Commission Minutes dated August 25, 1993 Approval Letter dated September 21, 1993 CITY OF RANCHO CUCAMONGA DATE: Au st 11, 1993 ~ TO:. hairman and Members of the Planning Commission FR Brad BuIler, City Planner BY: Nancy Fong, AICP, Senior Planner SU CT: DEVELOPMENT REVIEW 93-13 - Western Properties - The design review of elevations for buildings X and Y within the Tetra Vista Town r, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-70. ABST~CT: The purpose of this workshop is for the Commission to review the new elevations for buildings X and Y. ~ The Commission approved the conceptual elevations for buildings X and Y in December of 1987, To satis~ the conditions of approval, the developer had submitted final building design and architectural details for Commission review. After three workshops, the Commission approved the building design on November 16, 1989, as shown in Exhibits A and B. The final design consisted of two slory buildings intended for a mix of financial, office and retail uses. Subsequently, the developer had received building permits but did not pursue the construction of the buildings. The developer is interested in reviving this project. Because of today's market conditions, the developer is proposing single story retail buildings instead of two story financial/office buildings. Building X is designed for speculative retail tenants. Building Y is designed for a specific tenant called "Leaps and Bounds" which is an indoor recreational facility geared towards children of all ages (similar to 'Fundazzle" in Montclair). Representatives from the developer and Leaps and Bounds will be at the meeting to describe this proposed use. ~: The following comments are intended to provide an outline for the Commission discussion. A. ~. The following broad design issues will be the focus of the Commission discussion for this project: One-story versus two-story. The overall design concern is to ensure that proposed elevations for buildings X and Y are provided with the same high revel ot design integrity, Buildings X and Y play a very important role in the function of me corner treatmenl at Foothill Blvd and Haven Ave. Based on comparing and evatuahng the proposed elevations with the aiDproved ones, staff feels that however attract,re the propOSed one-story elevations do not provide the same archilectural impact. B, ~ Once the major issues have been addressed, and time permitting, the Commission will discuss the following secondary design issues: 1. Building X. a. The west elevation is the back of the building where service entries are to be idcated. Since this side of the building faces Haven Avenue, windows should be provided so that it does not look like the back of a building. b. Precast concrete molding Should be added to frame the gable towers, the arches and the windows. 2. Building Y. a. Precast concrete molding should be added to frame the tower entries and the arches, b. The protsosed colonads at the north elevation places the tower 6 feet from the curb and eliminated 5 tree wells. 3. Site and Landscaping. a. Additional tree wells planted with canopy trees should be provided to the courtyard plaza consistent with the approved plans. (5 tree wells were eliminated) b. Additional tree wells and planter areas should be provided to the north and east elevations of building X. c. The existing phone cabinet is in the way of the pedestrian pathways. The northeast corner of building X should be stepped back so that there is room for a raised planter area in front Of the window and landscape area around the phone Cabinet, consistent with the approved plans. d. Groups of small canopy trees should be planted within the iandsca,oe setback area approximately between the Columns of the coionade along the west elevation of building X. However, the placement of trees should take into consideration the location o! signage. e. Additional tree wells should be provided along the northern colonade of building Y. f. A continuous 6 foot wide minimum landscape area should be provided along the east side of building Y. The proposed vine pOcketS in front of the columns are inadequate. g. Groups of small canopy trees should be ~anted within the landscape setback area approximately between the columns of the colonade at the south elevation of building Y. ~: Slaff recommends that the developer revise the development plans to addreSS the identified issues and resubmit for further Commission review, Attachments: Proposed elevations Exhibit A - Approved Building X elevations Exhibit B - Approved Building Y elevations Exhibit C - Comparison of approved building pads with proposed ones > aLDO 'x" (: ) ('. ) z > ~ Fe>m"Hmu-- p,j_up ~I,I~IT E~ .Z NORTH ELIrVATZON VEST ELEVATION I I I NORTH ELEVAT ] ON '~ EAST ELEVATIGN SOUTH ELEVATION :Z::f,.'qS- t ~ BUILDING "X" BUILOI SOUTH ELEVATION WEST ELEVATION 57 BUILDING X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, U~HOLDING TIrE PLANNING COMMISSION~S OENIAL OF DB";~LOPMENT REVIEW NO. 93-13, THE DESIGN REVIEW OF ELEVATIONS FOR BUILDING X, A 5,350 SQUARE FOOT RETAIL BUILDING WITHIN TERRA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ~AV~N AVENUE IN TH~ COMMUNITY COe~M~RCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077 -421-70. A. Recitals {i) Western Properties has filed an application for the approval of Development Review No. 93-13 as described in the title of this Resolution. Sereinafter in this Resolution, the subject Develolm~snt Review request is referred to as ~the application.' (ii) On the August ~, August 25, OCtober ~3, October 27, ~993, ~he Planning Comm~ssion of the City of Rancho Cucamonga conducl;ed duly noticed public hearings on the application and following the conclusion of said public hearings, adopted Resolution No. 93-89 thereby ~enying said application. ( i i i ) The deci lion represented by said Planning Co,a~4 ss ion Resolution was timely appealed to this Council. (iv) On December ~, 1993, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B · Resolution NOW, T~R~FORJ, it is hereby found, determined, and reeolvsd by the City Council of the city o~ Rancho cuca~w~nga as followaz 1- This Council hereby specifically finds that all of the facts set forth in the Recitals, Part: A, of this Resolution ere true and correct. 2. Based upon substantial evidence presented during the above referenced December ~, 1993 hearing, including written and oral staff reports, the sinurea of the above-referenced Planning Cussmission meetings, and contents of Planning Ca/salon Resolution No. 93-89, ~his Council hereby specifically finds as followsz CITY COUNCIL RESOLUTION NO. DR 93-13 December 1, 1993 a. The application applies to property identified as Pads X and Y, located at the northeast corner of Foothill Boulevard and Haven Avenue and is presently improved wi~h landscape and hardscapex and b. The property to the north and east of the subject site is developed with a shopping center, the property to the south is developed with an office perk, and the property to the west is developed with a mixed-use business park; and c. Buildings X and Y are part of the Tetra Vista Town Center and were approved as two-story office buildingss and d. The applicant requested to change the approved elevations for Buildings X and Y from a two-story to a single-story design and from office to retail uses and e. The City Council agrees with the Plauning Co--~ssion that the northeast corner of Foothill Boulevard and Haven Avenue is very important and that the architecture should be of significance; and f. The City Council finds the design of Building X too simple and that it looked like a typical in-line retail shop building. The Council determined that the form and the scale of the building does not provide the proper balance with Building Y and the design does not project the architectural significance required at this corner of Foothill Boulevard and Haven Avenue or when compared to the previous design and other buildings in the center. 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 project is consistent with the objectives of the General Plans and b. That the proposed use is in accord with the objectives of the Developeen~ Code and the purposes of the district in which the site is locatedX and c. That ~he architecture of Building X is not consistent with the architectural standards established in the Tetra Vista Town Center through Conditional Use Permit SS-12. 4. The City Council of the City of l~ancho Cucamonge hereby denies the application. CITY COUNCIL RESOLUTION NO. DR 93-13 December ~, ~993 Page 3 5. This Council hereby provides notice to Rick Mager of Western Properties that the time within which judicial review of the decision represented by thie Resolution must be sought in is governed by the provisions of California code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to~ (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by cet~cified mail, return-receipt requested, to Rick Mager of Western Properties at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE APPEAL AND APPROVING DEVELOPMENT REVIEW NO. 93-13, THE DESIGN REVIEW OF ELEVATIONS FOR BUILDING · X, A 5,350 SQUARE FOOT RETAIL BUILDING WITHIN TERKA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-70. A. Recitals (i) Western Properties has filed an application for the approval of Development Review No. 93-13 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." (ii) On the August 11, August 25, October 13, October 27, 1993, the Planning Commission of the City of Pancho Cucamonga conducted duly noticed public hearings on the application and following the conclusion of said public hearings, adopted Resolution No. 93-89 thereby denying said application. (iii) The decision represented by said Planning Commission Resolution was timely appealed to this Council. (iv) On December 1, 1993 and January 5, 1994, the City Council of the City of Rancho Cucamonga conducted public hearings on the application and concluded said hearing on January 5, 1994. (v) 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 Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented during the above referenced December ~, 1993 and January 5, 1994 hearingS, including written and oral staff reports, the minutes of the above-referenced Planning CommisSion meetings, and the contents of Planning Commission Resolution 93-89, this Council hereby specifically finds as follows= CITY COUNCIL RESOLUTION NO0 DR 93-~3 - WESTERN PROPERTIES (APPROVAL) January 5, 1993 Page 2 a. The application applies to property identified as Pads X and is located at the northeast corner of Foothill Boulevard and Haven Avenue and is presently improved with landscape and hardscape; and b. The property to the north and east of the subject site is developed with a shopping center, the property to the south is developed with an office pork, and the property to the west is developed with a mixed-use business park; and c. Buildings X is part of the Tetra vista Town Center and was approved as a two-story office building; and d. The applicant requested to change the approved elevations for Buildings X from a two-story to a single-story design and from office to retail use; and e. The proposed elevations of Building X, as shown in the revised elevations, are consistent with the architectural standards established in the Tetra Vista Town Center. 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 poragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the architecture of Building X is consistent with the architectural standards established in the Tetra vista Town Center through Conditional Use Permit 88-12. 4. The City Council of the City of Rancho Cucamonga hereby approves the application with the following conditions: l) Approval of Buildings X shalb expire, unless extended by the Planning Commission, if building permits are not issued or the approved use has not commenced within 24 months from the date of approval. 2) The proposed plaster trim with scored lines around the arches at the north and south elevations of Building X shall be changed to pre-cast concrete material. CITY COUNCIL RESOLUTION NO. DR 93-13 - WESTERN PROPERTIES (APPROVAL) January 5, 1993 Page 3 3) Pre-cast concrete trim shall be added to all archway elements of Building X. 5. This Council hereby provides notice to Rick Mager of Western Properties that the time within which judicial review of the decision represented by this Resolution must be sought in is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Rick Mager of Western Properties at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. CITY OF RANCHO CUCAMONGA - STAFF REPORT DATE: January 5, ~1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: CONSIDERATION TO MODIFY ENTERTAINMENT PERMIT 9~-02 - SAM'S PLACE A consideration of an appeal of the Planning Commission's decision to deny the modification of the Entertainment Permit for allowing entertainment on Sunday and expanding the entertainment to include live bands, disc jockey, and karaoke in conjunction with a restaurant and bar located at 6620 Carnelian Avenue in the Neighborhood Co~nercial District - APN: 201-811- 56 through 60. Staff reco~nends that the City Council uphold the Planning Commission ' s decision in denying the modification to Entertainment Permit 91-02. A Resolution of Denial is attached for the Council's action. RACF4~O~MD As a result of Code Enforcement action, the applicant submitted an application to legalize his expanded entertainment use and amusement arcade on September 22, 1993. The Planning Comission conducted a public hearing to review the two requests at the meeting on November 10, 1993, and received public input that included testimony in support of the requests as well as objections to the expansion of the entertainment use. After the close of the public hearing, the Co"~"lssion deliberated on the issue Of compatibility of use and the track record of the applicant in complying with the City ' s codes.e The Comission approved the amusement arcade, but did not approve the proposed expansion of the entertainment use. The Co~nission, with a majority vote, denied the application to modify Entertainment Permit 91-02 at the meeting on November 23, 1993. The applicant made a timely appeal of the Commission's decision. ~aIAT, TSIS A. Proposed Entertainment: The approved entertainment granted for Sam ' s Place consists of a duet or singer and guitarlet playing on Monday through Saturday, between the hours of 8 p.m. and 2 a.m. The applicant's request was to expand the entertainment by adding a five-member band, a disc jockey with karaoke, and to allow entertainment On Sunday. The proposed entertainment was to be offered betwean 8 p.m. and midnight. PLANNING COMMISSION STAFF REPORT APPEAL OP EP 9~-02 - SAM'S PLACE January 5, 1994 Page 2 B. Planning Comission Concerns: The Conunission focused their deliberations on land use conflict, compatibility of use, and public nuisance probleM. The Comission felt that, given the proximity of Sam's Place to residences, the proposed expansion of the entertainment use will increase the degree of land use conflict. Although testimony was received at the hearing from patrons of Sam's Place supporting of the entertainment, the Comission also considered the three letters from the adjacent residents who objected to the loud music and noise from the loitering activities in the parking lot during the late evening and early morning hours. A resident also testified against the proposed entertainment at the Commission's hearing. The Comission found that the previous complaints, together with the recent letters from the same neighborhood group, supported their assessment that the proposed expansion of the entertainment would only make matters worse. In addition to the above concerns, the Comission determined that the applicant had not demonstrated that he can be a good neighbor because he has not made a good faith effort to adhere to the conditions of approval and the mitigation measures to prevent the public nuisance probleM. The Commission found sufficient evidence in the staff report showing that the applicant disregarded repeated contacts and notices from the City to cease the violations and to address the nuisance problems. Although two members of the Co~nission felt that additional mitigation measures could be imposed to prevent further public nuisance problems, the majority of the Co~=nission could not make the findings to support expanding the entertainment use. With a majority vote, the Con~nission denied the recluest at the meeting of November 23, 1993. Staff reports and minutes including copies of the letters from adjacent residents are attached to this report for Council's review. FACTS FOR FINDIMG8 In order to approve this appeal, in full or in part, Ordinance No. 290 requires the following findings be made by the City Council: 1. The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals, or welfare. 2. The premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner. 3. The applicant, or any other person associated with him as principal, partner, or in a position or capacity involving partial or total control over the conduct of the ,business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years- PLANNING CO~4ISSION STAFF REPORT APPEAL OF EP 91-02 - SAM'S pLACE January 5, 1994 Page 3 4. The granting of the application would not create a public nuisance. 5. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. 6. The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were sent to the adjacent property owners within 300 feet of the project. Respectfully submitted, City Planner BB:NF/jfs Attachments: Exhibit "A" - Applicant's appeal letter Exhibit "B" - Correspondence frcxn adjacent residents and property owners Exhibit "C" - Planning Commission Minutes dated November 10 & 23, 1993 Exhibit "D" - Planning Commission Staff Reports dated November 10 & 23, 1993 Exhibit "E" - City Council Resolution No. 91-382 Exhibit "F" - Planning Commission Resolution No. 93-101 Resolution of Denial for EP 91-02 MANNERINO BRIGUGLIO ~ o F F , c s s · , RECEIVED MITCHELL ROTH ~ITy OF RANCHO CUCAMONGA CITY CLERK DEC 0 1993 November 29, ~993 City of Rancho Cucamonga Attn: Clerk ~0500 Civic Center Drive Rancho Cucamonga, California 91729 Re: Sam's Place/Modification to Entertainment Permit 91-02 Dear Clerk: We hereby appeal the decision of the Planning Comission dated November 23, 1993, with regard to that portion only, denying a modification to Entertainment Permit No. 9]-02, to expand the entertainment to allow a live band, disc jockey, and karaoke in conjunction with the restaurant and bar located at 6620 Carnelian Street, Rancho Cucamonga, California, and request that the matter be set o~ the agenda at the City Council for hearing on the first available date. Enclosed herewith please find a check in the amount of $~26.00 to cover the filing fee. Very ruly yours, MANN I & BRI UGLIO BY RINO RECEIVED 9333 BASELINE ROAD, SUITE 110 / RANCHO CUCAMONGA, CA 91730 / TEL (909)980-1100 / FAX (909)94' RECEIVED tL. CUE~0N6-Ar. CA 0CT 26 1993 City o! Rancbo Cucamonga planning Division 71 November 3,1993 City of Rancho Cucamonga R E C E I V E O planning commission: NOV 0 8 1993 Copies: city ot Ranct~o CucamoncJ,n Office of The City Manager planning Division Office of The Mayor The purpose of this letter is to express our opposition to the proposed Modification to Entertainment Pc, fi~it 91-02 and Condili0nal Use 12ermit 93-07 for ~AhlI~..PA.~.~I. Over the past several years the city of Rancho Cucamonga has allowed a verity of license and temporary permits for this tavern. This was done in spite of numerous complaints by local residents. Those of us that have to live in the neighborhood have had to contend with the excessive noise and commotion in the parking lot and from Within Sanl's Place until three and four in the morning. When we complain we get minor lip service and are advised that we need to elevate and be more persistent with the problem. I thought our city officials where in control of strong plan for our community. Obviously not. Other major cities look upon the city of Rancho Cucarnonga as a "Cowboy Town" and its becoming very evident why. The city has tougher codes and stronger ~nforcelllent for noise abatement in the city parks then it has for bars and taverns. To say nothing Of the local police looking the other way when the "Dnmlcs" are squealing tires as they enter on to Carnilen street from Sanl's parking lot. What ever happened to M.A.D., and why aren't the police visible when these charaCterS are seriously endangering anyone that might be in the area when they are leaving Sam's bar? The city has not required a buffer zone between the parking lot and the privet residential properties adjacent to the commercial center. Because there is no buffer the noise generated in the center is magnified and projected by the surrounding stucco buildings and cement walls. The management of the parking lot noise by the management of Sam's Place has never been accomplished and realistically speaking, is probably impossible. Therefor, some reasonable means to impede this noise needs to be established. Its unfah' for us residents who own property bordering the commercial center to be the noise buffer for the rest of the neighborhood. If the city wants to collect tax money form Sam's Place, then some of that money should be spent on providing assurances that we can enjoy our homes. Sincerely J~i~'an~'Joe Fabis '661 Topa2 Alta Loma, Ca 91701 enCl Z To J'ackLam Dat= Alm127. I992 Subjec$ 'S,,,,,, place' For almost two years Sanms Place has been operating with varying degrees of liquor and entertainment licensing. The city of Rancho Cucaxnonga has appropriately been trying to accommodate a small business by setting reasonable guidelines concerning allowable noise levels for both insid~ the business operations and activities in the parking lot. This effort by the city seams to be reasonable and is understandable. However, as r~sidenc~s bordering the property on which Ssm,, Place is located, there are several problems that we would like you to address. First of all there is the noise that is generated inside this tavern. b,x'__,,use of the cement wails surrounding the area, v~'y little sound is absorbed, it is mostly reflected into the neighborhood. Any smount of noi.g that escapes fixln S~mm Phire, and it gets to every loud at "m~s, is extremely annoying when we are trying to get to sleep. This is especially true on Friday and Saturday evenings when the doors are left open to accomme'dnte the large crowd. (How about checking capacity vs Ftr~ codes). The noise level is also aggravated by various types of amplifying equipment. A second problem is the parking lot noise. Patrons leaving Sams Place are loud and obnoxious. They scream and yell at each other and get into loud arguments at all hours of the night and early morning, They also race engines, turn up the volume on radios and squeal tires. (W'nat is the Cities liability by allowing legally intoxicated patrons to drive of the A third problem is the trash that is thrown over the wall into our back yaxd. Beer bottles, beer cans etc. ar~ thrown over the wall fx~m the parking lot. As a hoHle owIlef in a fesjdef~tlnl neighborhood we expect to be able to enjoy the peace and quite of our yard and home. Hopefully this matmr can be nrldresscd soon. Thank yon for you attention to thi~ problem. 6611 Topaz Alta l_oma Ca. 91701 (714) 989 - 9266 home (310) 331-7414 T M E C v - RANCHO CL'CAMONGA Nay 8, 1992 Joe and June Fabis 6611 Topaz Rancho Cucamonga, CA 91701 Dear Mr. & Mrs, Fabis: Thank you for your recent letter concerning Sam's Place. Yours is not the only complaint we~ve received, and our staff is aware of some of the problems you mention in your letter. Our Code Enforcement office is making every effort to ensure that the business is operated according to =he rules required under the ~ermit. Very recently, we have formally reminded the owners of Sam's Place of their obligation to the commtulity, and requested that they provide more effective control over the parking lot area. We also requested that the doors to the establishment be kept closed during the evening and night hours to alleviate any noise problems. At this point, our staff will continue to monitor the situation. It is our hope that Sam's management will take the necessary steps to address these concerns voluntarily, without the need for further action. should this activity still continue to be a problem for the area, the Planning Commission may be requested to review the use permit for remedy. Should you continue to experience problems, please contact our Code Enforcement Supervisor, Richard Alcorn, at 989-1861, extension 2249. / · Thank you for sharing your concerns with us- Sincerely, Jack Lam, AICP City Manager JL:mlg ca: Otto Kroutil Richard Alcorn Mayor Dennis L Stouv ~ CouncilmemDef D~3ne Willjams Mc,,cr ~Tem Wilbcm J AlexonCer Councilmemioet Pamela J WnGm~ Jcc~ Lcm. A;CP. Ci~ MancGer I/~ ~ CouncilmemDe* Charles J 8ucue' IC~O CN,C Ce~t~ 2, ,e ~ C Sex ~7 . ~anc~c Cacc-c~;: CA ~ 729 . (7!4) ~80-185~ Hugh Hairston November 10, 1993 Luella Sims ( husband and wife ) 6632 Topaz St. Alta Loma, Ca 91701 909 9~8- 3773 The City of Rancho Cucamonga Plannin8 Commission 10500 Civic Center Drive Rancho Cucamonga, Ca 91729 Subject: Modification To Entertainment Permit 91-02 - Sam's Place Conditional Use Permit 93-½7 - Sam's Place Dear Chaix~an and Members of the PLanning Conmission: We would like to express concern to the approval of these two permits. The notifications that was posted on our property and that we received in the mail stated that we had until tonight to express our opinion in re to these permits. Therefore we were totally surprised when we obtained copies of the Staff Repor~ last night to find that these permits had already been approved. We as a family are not use to such expediency. We ask the commission to delay their approval and weigh proportionately the objections to those who are most effected. We appreciate the fact that time was taken by the Planning commission to receive any feedback from the community. The repor~ said that copies of the Notice of Public Hearing was only sent to "adjacent property owners within 300 feet of the project site as well as the tenants in the shopping center" There are only nine single family dwellings within 300 feet. Yet in 1992 when a conditional permit was granted over 50% voiced complaints in reference to the noise levels and those opinions evidently did not matter. The majority of the families on the streets adjacent to the project are cowwnuting families in one [orm or the other. It is difficult to find the time to properly express opinions to this type of a permit. We enjoy the peace of the community yet it is changed by the noise levels that Sam's Place generates. Now the Commission wants to expand it to a live band and or Disc Jockey. When we first moved to Topaz street our family was surprised to hear the noise levels that this place generates. At first we did not know what it was but upon further inspection we found that this noise was from Sam's Place. The noise not only consisted of loud music but also of loud and boisterous customers exiting,entering and just hanging around the establishment during the late evening hours. Since reading the Staff Report even some of this noise could have been muffled if the conditional use permit was enforced to where guards would be inside and outside the facility from 6:00pm to two hours after closing. We also noticed that the front and rear doors are suppose to be closed. Every time I have passed the location the front door is open during business hours. There are some other items that we would like to present in person to the planning commnission. Respectfully Hugh Hairston Luella Sims (husband and wife) 2 Mr. Lokken replied that the existing building will remain unchanged. He said a emil1 portion will be used for offices and the remainder of the building will be used for storage. Nearing no further testimony, Chairman McNiel closed the public hearing. Motion= Moved by Melther, seconded by Tolstoy, to adol~ the resolution approving Conditiofiel Use Permit 93-41. Motion carried by the following AYES= COMMISSIONERS= CNITIEA, MCNIEL, NELCHER, TOLSTOY NOES= COIOiISSION~RS= NONE ABSENT= COMMISSIONERS= VALI~TTS -carried ~D. MODIFICATION TO ENTERTAINMIENT PERMIT 91-02 - SAM'S pv.a~qe -- & request modify the entertainment permit by allowing entertainment on Sunday end adding entertairunent consisting of live band· with 5 or more members, disc Jockey, and karaoke, in conjunction with a restaur·nt and bar located 6620 Carnelian Avenue in the Neighborhood Cceeercial Dis=rio= APN= 208-811-56 through S. CONDITIONAL USE PERMIT 93-47 - SRM'S pL~L'~ - A request to establish an amusement arcade in conjunction with · restaurant and bar located at 8S20 Carnelian Avenue in the Neighborhood Ccenercial Distric~ - APN: 208-811-56 through 60. Nancy Fong, Senior Planner, presented the staff report and no~ed thee · letter was in front of the Coexnissioners from · nearby realden=. Commissioner Melcher questioned the requested day· end hours of entertainment. He no=ed =hit the original entertainment permit approved Tuesday through Saturday free 8=00 p.m. to 2=00 a.e., while ~he new request was for Tuesday through Sunday free 8=00 p.m. to midnigh~ but s~aff was only recommending Tuesday through Saturday from 8=00 p.m. to midnight. Ms. Pong responded that was correct. Co~nissioner ~elcher asked if the requested sign restricting patronage of those under 18 years old during school hour· and after curfew wee a requirement of all amusement arcades. Ms. Fong replied the sale condition was recently applied to another approved arcade. Chairman McNlel opened the public hearing. Thomas Nab·frets, 102S Pebble Beach, Upland, stated he was representing Place. He ·aid the~ did not object to the signs or fire inspections. ceaseneed they were trying to a=~ract · different clientele with the Okues music on Sundays and it weuld be typically low-key. He laid he has been the bar business for 8 years. He canted that Sam's Place has personnel ~n Planning coaeis·ion Ninute· -5- Nov---~sr lO, ;qq3 78 the ~king lot to look for Xx~tential problems. He felt that the management is very tight and deals with problems very effectively. Ha stated the n~nm of hit bullnell was the Sl~armint Rhino. C~issioner Tolstoy felt the room area would be too small for the requested five-member hands. ~r. Nabsfrets replied that the t~pe of clientele S~m's Place attracts dictates a four- to five-piece band. Coeeisstoner Tolstoy asked if patrons are on stage during the tj~nt the hand operates. Mr. Nabsfrets replied that half of the upper section is for the hand and the other hal~ tl occupied by patrons. He said that unavoidable incidents do occur with any bar business but he ~elt S~m's is basically trouble-frem. Sam Pelle~rkno, Sam's Place, 6620 Carnelian, Ranthe Cucamonga, stated that when a hand ks on the upper floor, patrons are not there. Chairman NcNlel noted that complaints had been received from some o~ the reekdents of the neighborhood and one had specifically objected to entertainment on Sunday evenings. Mr. Pelle~rino stated they were requesting that bands be permitted on Tuesdays, Thursdays, and Sundays. He said the complaints were only received after the Planning Division sent out letters announcing the hearkng. He said there had been sane previous problems because a had element was trying to get knto his establishment when another club changed its entex~cainment venus. Commissioner Chitice observed that the stall repor~ included a copy of an advertisement indicating a live band on Sunday and a lingerie show. She stated that these were not permitted under the previously approvad entertainment permit. ~r. Pellegrino stated that as soon as he was advised that these were not permitted, he had stopped. He said they had the lingerie shows for approximately two months, hut they didn't work. He stated he really does not need to adver~cise but the n~speper had talked him into ~dver~lsing. Cceelesioner Chitlee cemented that she had seen his ads posted on telephone poles all over the City ~nd she had heard radio adver~lsing. She felt he should have known that he was violating the terse oZ his enter~ainmmnt permit because the tylzte o~ snter~ainsent and permitted h~re were clearly shown on the approvtd psz~tit, he had ateended poblic hearings at which those ~ssues were discus~ed, and had retained an attorney to represent his in the matter. Mr. Pell~rino replied that he had made a mistake and he apologized for havzng done so. Chairman McNlel ~elt the Cotmission was placed in an awkward position c~ ~g asked to approve what had been done ille~Jslly ~or s~mt time. Planning i~,"-,-,lsskon ainutee -6- November 10, 1991 Mr. pallsatins stated he was trying to run a business, not break the law. He said a Code Inforcement Officer had visited him several t~mes. He thought his attorney should have made him aware that he wee in violation. Commissioner Tolstoy noted that entertainment was being requested on Sunday evenings from 8z00 p.m. to midnight. Mr. peltsgrins said they were trying to acccxm~odate the patrons. Comissioner Tolstoy asked if Mr. Pellegrinc w~uld be amenable to different hours. Mr. Pallsatins replied he would have to abide by the rules. Jim datewood, 7040 ~rchibald Avenue, Ranch· Cuc~monga, elated that he books bands. He said that smaller bands try to sound bigger, so they play louder than larger bands. He coMmaanted that he plays blues music between sets. He remarked that they always maintain that the doors are to rain closed but patrons sometime want the doors open. He said the bouncers have been advised that the doors must remain closed. He said they felt that stopping the entez~cai~nt at midnight would facilitate closing down the eltablis~aent by 2=00 a.m. He stated that the patrons prefer the Sunday blues entertainment be earlier. coosisal·her Melcher asked what would be a reasonable time to end the entertainment on Sunday evenings. Mr. Gatewood felt 10=00 or 11=00 p.m. would be acceptable. He laid the blues draws an older crowd that needs to get up on Monday mornings to go to work. C~emissioner Tolstoy asked what he would sonalder a viable starting time on Sunday evenings. Mr. G·tewo<xi felt 6=00 to 8=00 p.m. would be acceptable. He suggested that the starting ~jJae might be later in summer end he requested that the hours be from 8~00 p.m. to midnight to allow Sim'I Place the leniency to achedull as appropr iate. c~._lssioner v·llette Joined the Commission. Scott Devil, mullclan, 198S Briar Trail, Upland, stated that Ssm'l Place gives local musician· a place to play. He felt musical culture is needed and canted that the blues are a good venus. Ralph WLlliame, patE·n, 7686 Marine Avenue, aancho Cuclmonga, st·ted the =at is · mellow place. Be felt the bar offers · good musical variety and he consented that SIs out· off the music and does not let It get too loud. He thought the bar is a good place for Ranch· Cucam~nge residents to patroness. Hugh Heirston, 6632 Tops· Street, ~ancho Cuessongs, presented · letter to the Commission. He ·lid he had reviewed the staff re~ot~c and thought it al~ed Planning CcMmaission Minutes -7- November the modification had already been approved because a resolution of approval was included Ln the repc~c. Chairman XcHiel commented that the resolution of approval was prepared based on staff'm teccemendatton. He said the Ccemlsmton also had the option of requesting that staff prepare a resolution of denial. at. Hairston felt that there were many things that had not been adhered to under the current entertainment permit. Be asked what happens when there are violations of the enter~cainment permit. Chairman McHlel noted that the matter was currently before the Ccexnission because the City ' s code Enforcement staff had discovered they were not adhering to the enter~ainment permit. Mr. Hairston asked if fines are imposed. Chairman McNlel responded there are no fines. ME. Hairston felt that there had been a n-mkeE of occurrences where the applicant had not complied and he asked what would guarantee compliance. Be said he had spoken to a number of the neighbors and they ex/Eessed concerns a~cut the noise levels. He said he had only lived there a fay months and he felt the noise levels from the bar are excessive, especially on weekends. Be stated he lives cn the west side of Topes and he was surprised that the City allows such a use so close to a residential area. Be thought imcreeaing to a five-piece hand would make matters worse as he did nod: believe a thEse-piece hand makes more noise than a five-piece one. Be said a neighbor had sent a letter but could not appear because his wife is incapacitated. Mr. Hairston though= the noise is a public nuisance and interferes with the peace and gule= of the surrounding neighborhQcd. He said he had spoken with Mike Goody, the manager of Bob's Hlg Boy, and ME. Goody had indicated he was not aware of the hearing regarding the enter~airnment permit. He questioned if there would be adequate parking spaces and if children are allcased to play the arcade games. Mr. Pellegrino felt he d~ea not disturb the peace of soy o~her businesses £n the shopping center because no other businesses are open after 8:00 p.m. except for 6ob°s BIg Boy. He said the manager of 8ob'a Big Boy visits the bar all the time. He remarked they do no~ allow chlldEen to play the arcade games and every child in the establiehaent is accompanied by a parent. Hearing no fUkwCheE testisBony, Chairman McNlel closed the public hearing. C~enisslonef C~ltlee camsanted that the last time the efiter~ainment permit was reviewed by the Plaanln~ ComaLesion It was determined there was non-ccepliance and the ColaLeSIon leeamended denial. Hhe said the eatteE wee appealed to the CIty C~uncll Ind the C~M~Cll approved the poEsit. Hhe cd=norved that the C~uncil resolution clearly established that only · due~ wee approved, she noted there had been repeated violations and the staff rei~c lnclude~ a letter from · nelgha~r re~ardlng noise, an august ~993 ne~epapeE adver~leemnt lasting unauthorized entertainment, and staff le~te~l from June and Septmr 1993 and yet Mr, PellegFlno had stated he u~uld not have had unaut~orLzm Planning ~lssion Minutes -8- Novta2~r 10, 1%1) 81 entertainment It he had been avara. She c~eotioned hov things could have been made any Ii~re cleu. S~e d~ noc believe the k~nds o~ en~e~aL~nc o~sr~ us 8~ro~r~ate nex~ ~o a residen~ial ~ea. She did n~ ~a~ an~hin~ sh~ a villin~es8 CO ~ide by ~he ~Zes esc~ish~ lnd she did no~ ~he ~ssion should approve sn expansion. She d~d noc fNl the ~ission sho~Zd condone the approach o~ do~n~ vh8C one ~kes ~n the hop you vi~l noc ~ caught. c~lseioner valle==e ~es~lon~ if ~he city council had e~reee~ any f~lings r~arding expanding =he en~enal~n~ ~it when L~ a~rov~ en~e~al~n~ ~i~ In Decoder 1991. MS. Fong repll~ ~ha~ =he ~unci~ had no~ dis~ss~ ~y e~sion ~cause ~he r~ee~ a= ~ha~ ~ wee only for a du~. C~illioner valle~te al~ if =he ~uncil had given ~y direrion r~arding ~llible revoaa=ion in =he future. MS. Fong said she ~llev~ ~rs of ~he ~uncil wut~ =~ give ~he business a chute ~o prove l= could be a g~ height. c~lslioner Valle~te fel~ ~ha= ~uld man a~lluce with the conditions of ~he ~i~. She agr~ wl~h C~slioner chitlea. She ~liev~ ~. Hairston had obJec~ ~o ~he n~r of =~l ~he eet~lll~n~ was not in ud =he noise levels genera~ by =he business ud ~he ~ronl ~eeving late night. She cmn=~ =ha~ =he c~ty adve~lsee l~eelf is ~lng lily orientS. She fel= ~ha~ ~he business provides a ee~lce bu~ she fel~ =here a conflict wl~h =he ne~g~ring residential use In ~hil c~issioner Marcher fel~ =ha~ once ~he conditional use ~lt wee grindS, ~he ~en~ial for a prohim was es~lllh~. He cmnt~ ~hat ~. Pell~rino had ~rchas~ ~he problm. He euggel~ the ~isl~on ~ ~re vigilan~ when r~es=s are f~rl~ process~. ~islioner Tolstoy agr~ with ~lssl~ners Val~et~e ud Chilies, bu~ he fe~ ~he neig~rh~ oblations had I~eid~ In r~enE =Se. He sta=~ he ~uld like =~ ~rk out ss =~ of urugmn~ ~o all~ other =~s of en=e~aisn~ but he ~ee~lon~ ~he proof h~rl f~r the ente~al~n~. He felt =he prelen= ~erl had done a ~tter Job thu previous ~rl, bu= he o~Jec=~ =o ~helr ~l=l~u=lng n~ fom of en=e~aimnt without firs~ r~es=lng a revision to t~ ~l~. He felt, ~ver, that =he ~ssion not Judicial ~ ~t~ ~ ~tl duty Is not ~o ~nllh C~IIIOME ~lt~ee ~bee~ ~ha~ =he ~lsslon wee consider~nq in ex~nlion, ~ a ~nial or Eevoca=lon. She stat~ letters had ~n receiv~ indicating ~ ~ uses ~re n~t ~rking ~ IM did not ~iselon I~ld e~r6ve the expansion. CheVron McNle~ amnt~ that =he C~llion hid pr~/~lly lt~gg~ =he en=e~aisn~ pmiz bas~ on =he hie~o~ of ~hie s~ific Iotazion end ~y pEoblme encoun~er~ Zhere a n~r of ye~e ago. se ob~ ~ission had deni~ ~he p~i~, bu~ ~he sz=er wee a~e~ =o ~he Ck~y Planning ~lssion Minutes -9- November 10, 1993 council, and t:he Council approved i~. He said he had been in Sam°s Place and he felt: t:he management: runs a tight ship and clean operation within the building, but he felt: t:here was not a lot: that can be done regarding the outside problems created by noise in the perking lot. He st:·ted that: Mr. Pellegrino had one of the most informed attorneys in the city and the matter wee n~w before the cc~aission because of violations. He did not think it wee logical for the ~lssion to to approve the expansion. Motion: Moved by Chili·a, seconded by vail·tie, to direct staff t:o prepare a resolution of denial for modificatiun t:o antattainment: Permit 91-02 for adopt:ion at the November 23, 1993, meet:ing on · consent: calendar basis. ~isaioner Melcher suggeat:ed the ~lselon explore oi~cions to address the concerns and allow the expansion before making a final decision to deny. He thought · person knowledgeable in the field of any mit:lgat:ion measures could he t:aken. He suggested t:he applicant could be required to employ off-dut:y Sheriffs the problems might he contained with such measures and he asked Commission consider those ol~cions. Commissioner gall·ate etat:ed she underst:ocKi why Cce~lssioner Halchar wanted work wit:h the applicant:, but: she not: int:end to abide by what: was set: fo~ch. Cce~l//loner Chills· did not: feel the ~l/elon could sake t:he findings necessary t:o approve t:he application. She said her meg. ion s~ood. Coe~lsaloner Vallet:~e lndicat:ed her second s~ood. The motion carried by t:he folioulna AYES: COMMISSIONBRS: CHITIF·, MOllIE, V~T-T-mTT2 NOES: COMMISSION~I%Sx M~LCHBR, TOLSTOY ABSENT: COMMISSIONERS: NON~ -carried Ccemissioner Tolst:oy elated he had vo~ed no because he felt It would still he possible t:o work with the Ralph Hanson, Deput:y City At:torn·y, suggest:ed t:he Corn·lesion act: on Condit:lonal Use Persia 93-47. chairman Me!l·1 felt ~he amusement sachines are coson In similar businesses and they seem to woEit Motion, liefled by Melt·l, seconded by Tolstoy, to adop~c t:he resolution approvlng Coltli/t/onol Use Permit 93-47. Mot:ion carried by the following vov. e: AYISz COI~ISSXONF~St Cl!XTI~A, MC~XIL, M~LC~!~R, TOLSTOY, V~LLZTTg NOeS s CC~XSSIOIIBI~ s ASSaNT: CC~MXSSXO~BIt8~ Nce~ -eartied Planning ~lsslon Minut:ee -10- Nov·abet 10, 1993 Mr. Pellettins presented photographs OZ various stores in t~wn which he ~alt were in violation of sign requirements and stated that he was no~ the only one to vitiate City cedes. The Planning C~emission recessed to the Historic Preservation C~emission at 8:48 p.m. At 9:06 p.m., the Planning C~emission reconvened. F. CONDITIONAL USE PERMIT 93-45 - HILD!rlBRA~n~ - A request to establish a stress reduction clinic within an existing industrial canplex in the Industrial Park Designation (Subarea 6} of the Industrial Area Specific Plan, located at 8645 Haven Avenue, Suite 550 - APN: 209-144-54. Scott Murphy, Associate Planner, presented the staff report. commissioner Melther questioned if the Fire Dlstric~ and Building and Safety had reviewed the project. Mr. Murphy replied that the applicant .had received their approvals on tenant improvement plans. Chairman McNlel opened the public hearing. Debts Hildenbrand stated she was available to answer questions. She said she had been to a similar facility in L~S Angeles and one of her professors at Charley College had recoemended such a facility to students. She thought the business w~uld do well because it is near the college. ~Aseioner Melther suggested employers may wish to utilize the facility ~or eaployees in order to cut down on w~rkerz' compensation stress claims. Hearing no further testimony, chairman McNlel closed the public hearing. MotAche Moved by Chilies, seconded by Veilstee, to adopt the resolution approving C~nditionel gee halt 93-45. MOtion carried by the following vote: AYESX COSOlISSIOeIBILa: CHITlEA, MCHIIL, MZLC!~R, TOLSTOY, VALLaTTE ABSENTZ C~tOLTISZOieBI~Z NONB -carried DEVELOPMINT COD~ AMINDM~NT 93-01 - CIT~ OF IqANCHO CUCAMOte~a . & requee~ =o establish standards end locations for adult oriented businesses. Duane Baker, ASsistant to the City Manager, presented the stef~ report. Planning C~enisslon Minutes -11- November 10. lgq] CITY OF RANCH0 CUCAMONGA STAFF REPORT DATE: November 23, 1993 TO: Chairman and Members of the Planning Comission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: MODIFICATION TO ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE ~ request to modify the entertainment permit by allowing entertainment on Sunday and adding entertainment consisting of live bands with 5 or more members, disc jockey, and karaoke, in conjunction with a restaurant and bar located at 6620 Carnelian Avenue in the Neighborhood Comercial District - APN: 208-811-56 through 60. BACKGROUND: The Commission conducted a public hearing on November 10, 1993, to review the proposed expansion of the entertainment uses. At the hearing, the Co.w~$sion received public testimony from a resident who objected to the loud music and loud noise from the indoor enter~ainment and the loitering activities in the parking lot. Following the public testimony, the Commission determined that the proposed entertainment at this location would create a compatibility issue with the residential neighborhood i~l~ediately west of the center. The Con~ission directed staff to prepare the attached Resolution of Denial for the Modification to Entertainment Permit 91-02. Respectfully submitted, City Planner BB:NF/jfs Attachments: Resolution of Denial CITY OFRANCHO CUCAMONGA DATE: o e, er 993 STAFF REPORT FROM: Brad Bullet, City Planner SUBJECT: MODIFICATION TO ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - A request to modify the entertainment permit by allowing entertainment on Sunday and adding entertainment consisting of live conjunction with a restaurant and bar located at 6620 Carnelian Avenue in the Neighborhood Commercial District - APN: 208-811-56 CONDITIONAL USE PERMIT 93-47 - SAM'S PLACE - A request to establish located at 6620 Carnelian Avenue in the Neighborhood Commercial District - APN: 208-811-56 through 60. BACKGROUND: The proposed modification is a result of code enforcement because Sam's Place has offered entertainment, such as live bands and disc jockeys, beyond what was approved on their entertainment permit. On June 22, ~993 staff notified the applicant to cease any entertainment beyond their approved entertainment permit. Code Enforcement staff monitored the business for the past four months and verified that the applicant continued to operate in a manner not in compliance with the approved entertainment permit. Despite repeated contacts, the violations continued; therefore, staff initiated the citation process on September 14, ~993. On September 22, 1993, the applicant submitted an application to modify the entertainment permit and a conditional use permit to add an azmsement arcade. Attached in the report for the Commiseion's reference are copies of the advertisement for Sam's Place in the Inland Valley Daily Bulletin dated August 25, 1993, a su~nary of the investigative report, and staff's letters to the applicant. ANALYSIS: A. Entertainment Permit 91-02 Modification: 1. 1~e4 Entertainment. The approved entertainment granted for Sam's Place consisted of a duet, a singer and guitarist, playing on Monday through Saturday, between the hours of 8 p.m. and 2 a.m. The applicant requests modification of the permit to allow entertainment on Sunday and add a five-member band to play on Tuesday and Thursday through Sunday and adding a disc jockey with karaoke on Wednesday. pLANNING CO~4ISSION STAFF REPORT EF 91-02 & CUP 93-47 - SAM'S PLACE November 10, 1993 Page 2 Entertainment is not proposed on Monday. The live band will play jazz, blues, or light rock. The entertainment will be offered between 8 p.m. and 12 midnight. The applicant does not intend to charge for admission. 2. CcsDatibility of Use. When the applicant originally proposed adding entertainment and extending the hours of operation in 1991, the Commission's deliberations focused on the issue of compatibility to the residential neighborhood to the west. The Commission denied the request on September 11, 1991. Mowever, on appeal, the decision of the Coam%ission was overturned by the City Council on December 4, 1991. In 1992, staff received four complaints from the residents to the west regarding loud music and loitering activity in the parking area. Staff did not receive any complaints from the adjacent residents to date in 1993, but did receive complaints from another business in the City. However, after the public hearing notices were sent out to the adjacent property Mere, staff received one response (see Exhibit "D"). The resident objected to the loud noise from Sam's Place, especially on Sunday nights. In reviewing the proposed expansion of the entertainment, staff raises the same compatibility issue. Staff believes that the potential for public nuisance problem is always there bocause of the type of business. The conditions of approval contained in City Council Resolution No. 91-382 and Planning Commission Resolution No. 82-98 have mitigation measures intended to alleviate potential public nuisance problems; however, the effectiveness of the mitigation measures depend upon the owner and the management of Sam's Place in following and adhering to the conditions of approval. Staff recommends approving the proposed expansion of the entertainment, but limiting the days and hours of entertainment to TUesday through Saturday and between 8 p.m. and 12 midnight only. 3. P~hlio Safer7 Xss~ee. One of the concerns with entertainment uses the potential for an increase in the need for police and f~re resources. According to the Police Department, they responded a total of 15 times at the northwest corner of 19th and Carnelian Streets in the last three months. Of the 15 calls, 4 were specifically at Sam's Place (2 required police reports). The relating to Sam's Place included assault, assault with a deadly weapon, and one incident arrest. The Police Department stated given the t~l~e of business, the number of service calls from ~am's Place is not excessive. The Fire Department indicated that they have not responded tn of overcrowding- However, the applicant needs to modify the assembly permit because of changes to the flour plan. This ~.~,' completed prior to commencement of the proposed entertainment. pLANNING COMMISSION STAFF REPORT EP 91-02 & CU~ 93-47 - SAM'S PLACE November 10, 1993 Page 3 4. F4ua{ngs. To consider the modification to the entertainment permit, the Commission must hear and determine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment. The Commission may approve the permit if it finds and determines the following: a. The conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare. b. The premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner. c. The applicant, or any other person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years. d. That the granting of the application would not create a public nuisance. e. That the normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. B. Conditional Use Permit 93-47 For An Amusement Arcade: According to the Development Code, any business that has more than three amusement devices is considered an arcade and a conditional use permit is required. In one of the routine inspections of Sam's Place, Code Enforcement staff observed that there are six amusement devices (four electronic dart boards, one basketball machine, and one pinbell machine) on the premises. Th~s resulted in the applicant's requesting approval of a conditional ~se permit for the arcade. In reviewing this request, staff determined that such amusement games are customarily related to the restaurant and uses and would not be incompatible to the surrounding businesses ~. center nor the surrounding land uses of the site. Staff recouznends conditions of approval be placed requiring the applicant to post s~gns the business entrance that state "No person under 18 years of age ~af on the premises during school hours or after curfew.' pLANNING CO~4ISSION STAFF REPORT EP 91-02 & CUP 93-47 - SAM'S PLACE November 10, 1993 Page 4 CORRESPONDENCE: Both items were advertised as public hearings in the Inland Valley Daily Bulletin newspaper, the property was been posted, and notices were sent to the adjacent property owners within 300 feet of the project site as well as the tenants in the shopping center. R~CO~IENDATION: Staff recon~nends that the Planning Co~nnission conduct a public hearing to review the proposed applications. If the Commission concurs with staff's reco~nendation, then approval of the resolutions would be in order. Respectfully submitted, City Planner BB:NF/jfs Attachments: Exhibit "A" - Location Map Exhibit "B" - Floor Plan Exhibit "Cm - Entertainment Permit Application Exhibit "D" - Letters from Residents Exhibit "E" - Police Report dated OCtober 25, 1993 Exhibit "F" - Memo from the Fire Department Exhibit "G" - S,,"m~ry of Investigative Report from Code Enforcement Exhibit "H" - Letters to Applicant Exhibit "I" - Ad for Sam's Place dated August 25, 1993 Exhibit "J" - Planning Co.~ission Resolution No. 82-98 Exhibit "K" - City Council Resolution No. 91-382 Resolution of Approval for EP 91-02 MOdification Resolution of Approval for CUP 93-47 ENTERTAINMENT PERMIT APPLICATION Applicants for ent~.~rtainrn~,nt permits shall complete the following questionaire: PLEASE PRINT OR TYPE A. The ha_me arid permanent address of applicant: __~ e~ ~ ~_k~~ .......................................... Name .... (~L __~_d~?_L__ ~t, r _C6_ _ -qJ~L ........................... Permanent Address B. The name, propos~ and current, if any, and business address of the applicant: .... ~e6_'_s_~ ............................................ Na.m~ (Current and ~oposed) ............. ~_~_~_~_~ ............................... Business Address .~.Lt'l~ ~lr~¢ _~. _q3-~0{ C. A detailed description of the propos~l entertainment, including ryln of entertainment, and numl:~r of persons engag~:l in the entetainment (may attach s~l~rate sh~ts if n~cessary): ........... _~ _t ~ _~_ _s_~_,__ A_ r~ ~J~ ~_ _ _~ ~ ........................ D. The dat~ or day-of-wrY, hours and location of entertainment (attach floorplan). and the ad~ fee, ~ ~y, to E. The name(s) of the person(s) responsible for the rna~nagement or supervision of applicanrs business and of any entena~runent: .... .~_r~_~.~,l_~ ........................................ F. A statement of the nan~re and chazacter of app[icant's business, if any, to be c~rried on in coni~Lnction with such entertainment, including whether or not alcohol will be served as put of such business: _~ e~L~_ _~_~s~_ex~_u._~c, _~_~_ __~so__ _ _~e~_ _ ~ ............... G. Whether or not the applicant or any person responsible for the management ot supervision of appLicant's business have been, within the previous ten yeats, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, Lf any: H. Whether or not applicant has ever had any permit or license issued in coniunction w~th the sale of alcohol or provision of entenaisunent revoked, including the date thereof and name of the revoking agency: Any false, misleading or praudule, t staterover oJ material fact in the required application shall be gyounds for denial of the application for an entertainment permit. ~x~6~T C2- OCTOEER 17.1QQ3 CITY OF RANCHO CUCAMONGA CITY HALL RANCHO CUCAMONGA, CA 91730 ~E: M{DDIFICATI{DN TO ENTERTAINMENT PERMIT ENTERTAINMENT PERMIT APPLICATION SECTION C: ?HE PF~CP{DSED ENTERTAINMENT MOOiFICATION WILL BE AS FOLLOWS: ENTERTAINMENT WILL INCLUDE A FIVE PIECE SAND: A {DISC JOCKEY ANO KARAOKE. THE DISC JOCKEY AND KARAOKE WILL EACH INVOLVE ONE (1) MEMBER. THE BANO WILL HOST JAZZ. BLUES OR LIGHT ROCK. NO HEAVY METAL'. RAGGAEE OR HARD ~ODK WILL SE RERMITTED. SECTION D: THE FLOORPLAN IS ATTACHED INDICATING LOCATION. NO aDMISSION FEES WILL BE CHARGED. THE DATES/TIMES A~E AS FOLLOWS: - TUESDAY. T~URSOAY. FRIDAY. SATURDAY AND SUNDAY: FIVE PIECE SAND - JAZZ. BLUES OR LIGHT ROCK. HOURS WILL EE 8:00 P.M. TO MIDNIGHT. - WEDNESDAY - ALTERNATE WEDNESDAY'S WILL PROVIDE A C!SC JOCKEY 0R KARAOKE. NO ADMISSION FEES. HOU~SWILL BE 8:00 P.M. TO MIDNIGHT. RECEIVED 0CT26 1993 City ot Ranc~ Cucam~a Planning Division OP$ ?3-q7 " CITY OF RANCHO CUCAMONGA MEMORANDUM '~' Nancy Fzng, ~enzor Planner 7R:2~: Dan Wartars, Crime Analyst /'jSZECT: 5AM'S PLACE As :e.~.ueste.~_ : have completed a 3 month study of police :"esponses and reports relating to the area of SAM'S PLACE (662~ Carnelians. , sum~ar./ there have been 4 call s for service st SAM S PLACE of whlch snly 2 required reports, Attached are 2 su-~aries that show all reports for the last months relatlng to the corner of 19th and Carnelian. One sum-sty Dnly shows reports from 6 pm thru 3 am to Oreak out items that m~ght De attrlDute~ to 5AM'S PLACE, As you can ice there are 15 total reports for that tlme perlod and so~e tztaily unrelated to anything that SAM'S PLACE could .rontrltute tD. If you have any questions. please feel free to call -e e:.:tensl~n 2428. DWxdw qs 7 ea6tr E I 10/25/93 MAP_RC Page 1 Reports ~aken from 6 pm ~hru 3 am Da=e Time Type Location Resul~ 07/12/93 2227 PC488 19TH ST/CARNELIA~ ST RTF 07/14/93 2337 1182 19TH ST/CARNELIAN ST RTF 07/23/93 0203 PC242 6620 CARNELIA~ ST RTF 07/24/93 0154 VC23152 19TH ST/CARNELIAN ST ARR 07/25/93 0125 FOUNDP 19TH ST/CARNELIAN ST RTF 07/25/93 0214 PC242 6620 CARNBIalAN ST RTF '07/28/93 0103 VC10851 19TH ST/CARI~ELIAN 8T ARR ~7/29/93 225~.PII~4L5 .... 6620_CARNELIAN ST RTF 07/30/93 0136 PC242 19TB ST/CARNELIAN 8~"' RTF 08/05/93 0152 VC10851 19TH ST/CARNELIAN ST RTF 08/23/93 0251 INC 19TB ST/CARNELIAN 8T AKR 09/03/93 1802 1182 19TH ST/CARNBLIAN ST RTF 09/10/93 0156 PC488 19TH ST/CARNELIAN ST RTF 09/12/93 0108 PC488 8689 19TH ST RTF 09/20/93 0048 1182 6626 CARNELIAN ST RTF F-P ql-o2 P--- 2- ~E~EIVED CITY OF RANCHO CUCAMONGA MEMORANDUM Date: November 2, 1993 To: ~Nancy Fong, Senior Planner From: Richard L. Alcorn, Code Enforcement Supervisor Subject: ENFORCEMENT ACTION - SAM'S PLACE, 6620 CARNELIAN AVENUE ABSTRACT In Augus~ 1993, Code Enforcemen~ reins~ated action to bring Sam's Place into compliance with ~he City's En~er~a~nmen~ Pern~it requiremen~s. During the prececLtng months, efforts by the Planning staZ~ ~o work cooperatively wi~h the o~ners of Sam's Place to mod~A'W ~heir Enter~a~nmen~ Permit had been unsuccessful Sam'e Place continued to have en~er~ainment beyond ~hat which was approved by their Permit, they f~tled to comply with other conditions of approv~l. and ignored repeated requesls to d/scontinue the illegal enter~cainment or seek a moa~,ication. Current Code Enforcement action has resulted in ~che submittal of a reques= to modify ~heir Enter%ainmen= Permit However, even with this application pending, compliance with' the current Permit has only been assured when Code Enforcement staff act-u~llW monitors actlvi=ies at the business. The ownership and management of Sam's Place has. and continues, to consisten~ly violate the terms of this permit and o=her CiW Code requiremen=s. Sign violations and outside storage violations continue to exist following repeated no~i[ications. and enforcement action is nearing the s~age o5 criminal prosecution. SU~e~ARY The following As a summary of Code Enforcement action for the period of Au~st 1, 1993 through 0c=ober 31, 1993: August 16, 1993 - Newspaper advertisements for live entertainment including live bands, a disc Jockey, karaoke, and lingerie shows are compi/ed, and activities verified by phone in preparation for on-site inspections. September 8, 1993 - Verifica=ion of con=inued ~egal entertainment is presented ~0 Cit7 Planner. On-site inspections are scheduled following the ms~{ng of a final notification le~er. September 14, 1993 - Final notification let~cer is sent by the City Planner informing the business of pending legal action. Police Depar=ment is informed of pending inspec=lons. September 19, 1993 On-site inspection found three (3) piece blues band preparing to perform. No enter~ainment is perxt~ced on Sundays. and a three (3) piece band As no= approved. Sam Pellegrino acknowledged this viola=ed permit requirements and told =he band no= to perform. Memorandum - $am's Place November 2, 1993 Page September 21, 1993 - On-site inspection found a live D.J. performing. A live D.J. is no~ an approved form of enterla3Jlment. The manager agreed to discontinue all i//ega/entertainment and apply for a modi[ication ~o their permit. September 22, 1993 - Night manager, Randy Alverez, inquired about continuing to have karaoke and a l~ve D.J. I reviewed the permitted enterta/nment (guitarist and soloist) and he agaLin agreed to discontinue all but approved entertainment. October 26, 1993 - Period/c spot checks for entertainment were negative. However, advertisements continue to run unchanged and reports of entertainment continue to be received by Code Enforcement. I contacted the night manager regarding continued entertainment. He confirmed that j/legal entertainment had occurred fo//owing my contact. I again admonished him to d.tscont~nue s31 but approved enterta.tnment unti/action by the Planning Commission ie completed. RLA iO0 I ANCI-IO Sepuem"~e: 14~ 1993 Mr. Sam Pellegrino 8am's Place 6620 Carnelian Avenue Rancho cucamonga, CA 91701 SUBJECT: SAM'S PLACE - CONDITIONAL USE PEPJ4IT 78-03 A~D ENTERTAINMENT PERMIT 91-02 Dear Mr. Pellegrino: On June 22, 1993, the City notified you =hat Sam's Place is not in compliance with the Entertainment Permit, in that entertainment As being provided on Sundays and live entertainment such as a live blues band, disc jockey, and lingerie show are being offered. The City asked you to cease any entertainment beyond that approved, which is a duet consisting of a singer and an acousticat guitarLet. To date, you have not responded, nor have you applied for a modification to the entertainment permit. The City hal no alternative but to proceed with the citation process immediately. If you have any questions, please call me or Nancy Fong at (909) 989-1881. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT 8B:gs c~: ,Xoh..anne=L.o, a~,m==..y ~,r>qt--O :1_ Nancy ,o..,,,Zann.= Ca/> q:?' Richard Alcorn, COde Inforcement Supervisor Mayor Oenn,s L Stout ~ Counc,lmemloer wtfiiQm J Alex~- :- ~,tc]vor Pro-Tern Cr',ades J 8uauer ~1 ,,- --: Councdmerr~Oef C),one Jack Larn AICP. C~ry Manager ~ CouBciIrflefnDer ~ex Gur~errez : Ce-'ef ~l,ve P O 8o, 807 rlc~ncno C~cclmof'cja CA ~)172q ~ ~c)C~) <~8~. 1851 101 DA NC NO C UC A HO NG i June 22, 1993 Mr. Sam Pellegino Sam's Place 6620 Carnelian Avenue Rancho Cucamonga, CA 91701 SUBJECT: CONDITIONAL USE PERMIT ?8-03 & ENteRTAINMENT PEP~IT 93-02 - SAM' 8 PLACE Dear Mr. PellegTino: It has come to our attention that you have been advertising in the Inland valley Daily Bulletin for the following entertainment: live blues band on Saturday night; DJ on Monday, TUesday, Friday, and Saturday; karsoke on Wednesday; and a lingerie show on Thursday. Your Entertainment Permit 93-02 only allows for a duet, consisting of a singer and an acoustical guitaris= and further does not allow any live entertainment on Sunday. You are to cease ~iately any entertainment beyond that approv~d by Entertainment Permit 93-02. If you desire to offer additional enter~ainment beyond that approved under your current entertainment permit, you ms= apply for & modification to the entertainment permit. Continued violation of the entertainment permit will result in revDcation proceedings. City staff will continue to monitor your business to ensure compliance with the 0 If you have any questions, please do not hesitate to call me or Nancy Fong at (909) 989-1863. Sincerely, CO~2~TNITY DEVELOPMENT BB:NF/jfS co: John Mannerino, Attorney Nancy Fong, Senior Planner · .ch&ra lcorn, co - ,n or.mn s, p. i.or ~oVor DGnnLS L. Stout ~ Councdmeml:}G; 'Nil|ic}m J. ~.-.'~""_ -""- Counctlme~'nOe~' OiQne wiiliat--s t',toVo~ Pro. Tern Cnone$ J 8uciuet El JOCK Lorn. AKiP. CJY Manager -~ Couf'lcalr~efvslDef ~ex Gutletter lOgO:) C,v,c Ce,~et Dnve P O 8o, 807 r}oncno Cuccmongo. CA c;1729 (qO91 989-1851 102_ ttate? ..c,,M ~ ~ S~'S ~E ~LLEGE C~NE~ ~ ~. · ~Y~~Y~ "m~~ Comer o~ Ca~llan & 1~, h Lores H~-~ ~m UNGE~ ~S H;E 9 I ~ ~ ~ ~ ~ 7~ ~ ~ AVOID ~E UNE _ COP q5-4,-7 108 RESOI/,FI'/Ci~I NO. 91-382 (i) Jd~n Mannerino, cn behalf of ~ Pellelrino, has filed an application for llTtertairammt Permit 91-02 as described in t/le title of this is referred to as the "application." (ii) Cn July 10, 1991, and cc$1t/nued to July 24, Aucjust 14, arrl Sep~.h~r 11, 1991, tile Plannil~ erms~!~tc$~ of the Cit=y of ~ Ctlcamos~3a crsxiuc~ a duly noticed public hearing. cn the applicatic~ and foll~irrl the ccrclusi~l of said public b~rirrjs, ~ti.~aa l~Molutic$1 NO. 91-132, thereby denyizN said applicaticn. (iii) ~he decisicn ~~a by said Plannirr/C~a.~ission Reeoluticn was ti.~ly appealed to this'Curtail. (iv) OI10ctc~e/16, ard cclYc/rBed to No~!e~__P 20, 1991, the City Council of the City of Rarr$1o c~k~..~=~ c~..'.w~aa a duly rrfcir~ public (v) All legal prerl~.,i~i~ prior to the ~.'-icn of this Resolution B. Resol~i~. MSW, ~B~2~a~, the City Council of t~e City Of Ranc$1o aw-x--~cja does bereb~ find, detarmine, and resolve as folly: 1. ~ council hereby specifically finds that all of the facts set forth in the l%$cita/s, Part "A," of this Resolution are true and corr~-t. minus== of the a=~e-referermd Plannir~ ~icn ~cin~, taxi the cc~am, of Plann~ n~.~ic$1 Resolutic.l No. 91-132, this Council hereby specifically fillis as follows: (a) ~le application applies to lxR2ert7 l~a at the rrrth- weet ___rforrp_r of 19th arid PTlelia/1 Streets with a ~ ~ of 1,037 f~ an~ lot depth of 240 feet ard is presently <..:.-~ with a sboppin~ centsr. 104 Resolutic~ No. 91-382 (b) The ~ to the north of the ~abject site is a future freely; the ~ ~ ~ ~ of ~t si~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s~le f~ly ~i~. (c) ~ ~li~ ~ ~ ~t~ ~ M~ ~ ~ 11:00 o'cl~ P.M. ~ {mi~m ~ off~ li~ ~~ ~ riobrim of ~ ~ti~ of ~ ~ ~ ~ ~l~i~ ~. 83-117 ~ 91~7 f~ ~~ ~ ~t ~. 78~3 ~ ~ ~. 290 ~ ~ (d) ~ Ci~ ~ ~i~ ~ ~i~ ~le ~j~ ~ ~ h~ of ~ ~ of ~ ~ ~ li~ ~. (e) ~ ~ ]{m~ ~ ~ of ~ ~ 11:00 o'Cl~ P.M. ~ ~ ~{m{~ Of li~ ~ ~ ~bl~ ~ a ~ ~t of a ~ of ~lic ~ ~ ~lic ~,~ ~1~ (f) ~ Ci~ ~ ~ ~ m ~t ~ f~ ~1~ ~ ~ s~ ~ ~ ~ig~ ~ ~ ~ of 1~0. (g) ~ ~li~ ~ ~,~ a ~m of ~a~ly 1,6~ si~ ~ ~ of ~ ~ ~ of ~ ~ li~ ~ f~ ~'s P~. 3. ~ ~ ~ e~ m ~ ~ ~ ~il ~, ~ ~il ~ f~ ~ ~1~ ~ folly: (a) ~ M of ~ ~~ ~ ~ ~ of ~ (b) ~ ~ ~ ~-~IM ~ ~ l~ly ~ ~ (c) ~ ~ ~ ~li~m, ~ ~ ~ of~, ~ma~M; ~ f~ wi~ ~ ~ ~ ~ ~ ~ ~ ~~ ~i~T~. P~ ~i~ ~1~ ~. 8a~8, a ~ of ~ ~ ~ a~ ~, ~] 1 ~ly. 105 P~r~Dlution No. 91-382 Page 3 3) Any live entertaM shall be ~ided b~c~ 8:00 o'clcxzk P.M. and 2:00 o'clock A.M. MG[xiay thr~ ~y. 4) ~ f~ ~ ~ ~= of ~ ~M ~1 E cl~ ~ ~ ~ (~ 6:W o'cl~ P.M.) 5) ~ ~ ~ e ~1 ~ ~ ~ ~ ~ f~ ~'s P~ ~ ~1 ~ ~~ly ~. ~1 ~ ~ ~ ~ ~m of ~ ~ of al~l ~ ~ li~ ~. At 1~ ~ of ~ ~jM ~ of ~ f~ili~. 7) ~ of ~ ~ ~1 ~ ~ --~,1~ wi~ all ~i~ of ~ ~1~ ~ ~ ~1 ~ ~li~le Ci~ ~. 8) If ~ ~tim of ~ f~ili~ ~ m ~f~ ~ ~ P~ ~im f~ ~ mi~ti~ ~ ~le m~m of ~. 5. ~ ~il ~ ~ ~i~ ~ J~ ~ ~t ~ t~ wi~ ~ j~c~ ~ of ~ ~im ~~ ~ ~s ~l~im ~ ~ ~ ~ ~ ~ ~ ~iu of ~]if~ ~ of civil ~ ~im 1~4.6. 6. ~ Ci~ Cl~ of ~ Ci~ of ~ nM ~ ~ d~ ~: (a) ~ ~ ~ ~m of ~ ~1~, ~ (b) f~i~ PAS~, A~, and ADO~-ll~u this 4th day of ~, 1991. ~: ~, ~, Will{M ~: ~, ~i~ 106 Resoluticm No. 91-382 ~a~a J. ~_~, city Clerk I, [,~MA J. ADAMS, ~jj.'x~ r"r-~'~:{K of the City of Pancho Cucam~rr/a, Califuxxda, do ~ ~ ~t ~ f~ ~l~im ~, ~ ~.~ ~ ~ ci~ ~il of ~ ci~ of ~ ~ .... ~, ~~, at a ~]a~ ~ of ~ ci~ ~il ~ld m ~ 4~ ~y of ~, 1991. ~ ~ 5~ ~y of ~, 1991 at ~ · ~ J. ~ ci~ c~ Resolution ~. 91-382 P-age5 RESOLUTION 82-98 A RESOLUTION OF THE RANCHO CUCAJqON~ PLANNING COIvMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ~DIFYING CONDITIONAL USE PERHIT 78-03 FOR BAR ANO ENTERTAINMENT FACILITIES WITHIN THE BOAR'S HEAO ESTABLISHHENT LOCATED IN THE RANCHO PLAZA IN THE C-1 ZONE WHEREAS, on the 22nd day of September, 1982, the Planning Commission determined the need to suspend Conditional Use Permit 78-03 and to conduct a public hearing; and, WHEREAS, on the 27th day of October, 1982, the Planning Commission held a public hearing to consider the above item. NOW, THEREFORE, the Rancho Cucamon'ga Planning Coamnission resolves as fo 11 ows: SECTION 1: Additional conditions and changes are found to be needed for Conditional Use Permit 78-03 in order to mitigate the past disturbances and bring the use in accord with the intent and purpose of the neighborhood shopping district. Therefore, the following conditions are added to those already in effect per Resolution 78-44): 2. Periodic policing of the parking lot by the management of the business should be done on a nightly basis to assist in averting disturbances from patrons. 3. Block access to the northwest parking area from the main parking area by placing large trees and planters in the driveway. Additionally, a chain or breakaway barrier shall be used to block access to this area from the rear driveway during evening hours. 4. A sound attenuation wall shall be built on the three properties adjacent to the northwest parking area of the center. The precise height, location and construction materials shai 1 i be deSarm nd through the development of a precise development plan, which shall be prepared by the shopping center owner and reviewtmd and approved by the City Planner. Such improve,mnts shal 1 consider the use of sound 1 attenuation material as well as some add Stone1 landscaping between the new wall and the existing wall. The plans should be prepared is soon as possible and tnstallattion, with the cooperation of all property owners and before the January 26, 1982 meeting scheduled by the Conmmission. 5. Speed bunqJs shall be placed throughout the center. 108 Resolutic~ No. 91-382 Resolution No. 82-98 Page 2 6. An analysis of the building shall be conducted to determine the needs for sound insulation. Appropriate insulation shall be installed, if needed. 7. The rear door of the business shall remain closed during evening hours, except in the event of an emergency. 8. The northwest parking area shall not be used by Boar ' s Head patrons or employees and shal 1 be appropriately posted. 9. This Conditional Use Permit shall be brought before the Planning Conmnission on January 26, 1983, for a report on the performance of the establishment. 10. The business shall alter its operation to include restaurant usage and food service during the evening hours. This is required to meet the intent of the original approval and shall be accomplished within sixty (60) days of this action. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982. PLANNING C I S N OF TH Y OF RANCHO CUCAMONGA ~_Y: ,j f, ATT I, jACK LAM, Secretary of the Planning Commission of the City of Rantrio Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Conmission of t~e City of Rancho Cucamonga, at a regular meeting of the Planning Comnission hel~ on the 27th day of October, 1982, by the following vote-to-wit: AYES: COFIMISSIONERS: MeNtel, King, Rempel NOES: COI~4ISSIONERS: Barker, Stout ABSENT: COMMISSIONERS: None 109 RSSOLUTION NO. 93-101 k R~SOLUTION OF ~ pLANNING COMMISSION OF TH~ CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING ENTERTAINMXNT PSRMIT NO. 91-02, TO EXPAND TH~ ENTERTAINMXNT TO ALLOW & LIV~ BAND, DISC JOCKEY, AND KARAOKE IN CONJUNCTION WITH & RBST&UI~ANT AND BAR LOCATHD AT 6620 CARNELIAN STI~XET IN THB WBIGHBOP. HCOD DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF ANN: 201-811-S6 THROUGH 1. Luanne Pellegrino has filed an application for the issuance of entsrtai~ment Permit No. 91-02, as described in the title of this Resolution. Hereins·tar in this Resolution, the subject Entertainment Permit request is referred to as 'the application.' 2. On November 10, 1993, the Planning Commission Of the City of Rancho Cucamonga conducted a duly noticed public heating on the application and concluded said hearing on that date. At that time, the ~_^---lsslon directed staff to prepare a Resolution of Denial for adoption on November 23, 1993. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. NOW, THERZFOPa, it is hereby found, determined, and resolved by the Planning Commission of the city of Rancho Cuc~monqa Is fnllc~es 1. This Coalfission hereby specifically finds that all of the fac~s set forth in the Recitals, Pert A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Ceaselesion during the eix3ve-rmfe~enced public heating on November 10, 1993, written and oral staff reports, together with public testimony, Canmission ~e~eby elsecifically finds st follo~tz e. The application applies to property located st 6620 carnelian street and is presently lsq~rmved with a shopping centerl and b. The property to the north Is vacant end planned for a freeway, the property to the south Is a shopping center, the property te east is a shoppin~ centers and the property to the west is single tees Iv residenceel and c. The original Entertainment Permit was granted for · d~e~ tee allowed entertainment on MOnday through Saturday between 8 p.m. to 2 e.g. 110 PI~uMNING COMMISSION ~ESOLUTION NO. 93-131 EP 91-02 DENIAL - SAM'S PEACE November 23, 1993 Page 2 d. The applicant expanded the types of enter~ainment to include live bands, disc Jockey with karaoke, and lingerie shows and the days for enter~ainment to include Sunday in violation of Ordinance No. 290 and city council Resolution No. 91-382; and e. After receiving the City's notice of violation·, applicant su~eitted an application requesting ·edification to the Entertainment Permit to allow entez~cainment on Sunday and to add live bands, disc Jockey, and kateeke for entertainmentl and f. The City received cce~ente free adjacent residents objecting to the loud nmsic frc~ the entez~cainment in the bar end loud noise frc~ the loitering activities in the perking lot ~n the late evening and early ~orn£ng hours, during the ~nths the applicant illegally expanded the entertaineent; and g. The proposed entez~cainsent will create lend use conflict with the westerly residential neighborhc~d because of the adverse impact of excessive noise co~ing fro~ S~m's Place in the late evening and early hours; end h. The applicant has not demonstrated that he can be · neighbor nor cceply with the city'· code· and conditions of approval because the city has previously received cc~plainte free residents of the ea~e westerly neighborhood objecting to the loud ~ueic, noise, and loitering ec~lvities ceasing from Sam'· Place end because the applicant continued violate the city · · ordinances and conditions of approval under the permit despite repeated notices fr~ the City to cease the violations and to address the nuisance problen·. 3. eased upon the ·u~etential evidence presented to this Co~wn~ss~on during the alcove-referenced public hearin~ end upon the specific findings of facts set fetch in paragraphs I end 2 sa~ve, this cce~leelon hereby f~nds and conclude· as e. The~ ~he conduc~ of the establis~sent end the granting o~ application w~ald ~e con=ra~7 to the public health, safety, ·orals, or welfare. b. That the esta~lishsent is likely ~o he operated ~n an illegal, ~m~per, or d~sorderly sanner. c. T~at that granting of the a~licacion Mould create a nullance. d. That the normal operation of ~'.he prmisee Mould ~.ntarlere with the normal peace and quiet. of any surroundin~ reeiden~.lal noighborh--:e~-_-. 4, Based upon the findings end conclusions set forth in pets·rapes 1, 2, and 3 aax~ve, this C~amieelon hereby denies the application. 111 PLANNING COMXISSrON RESOLUTION NO. 93-i3i BP 91-02 DBNZAr- - SAM'S PLAC~ November 23, 1993 Page 3 5. The Secretary to this C~ission shall certify to ~he adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 1993. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA ·/LANNING CO I/SISM BY: ~ Lar McNle airma ' ATTEST: I, Brad Bullet, Secretary of the Planning Coe~iselon of the city of Rancho Cucsmonga, do hereby certify that the foregoing Resolution was duly end regularly introduced, passed, and adol~ed by the Planning C~emieaion of the city of Rancho Cuc~monga, at a regular ~eeting of the Planning C~--ieslon held on the 23rd day of Normher 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIrA, MCNIEL, VALLETTE NOES: COMMISSIONERS: ~ELCHER ABSENT: COMMISSIONERS: TOLSTOY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL END UPHOLDING THE pLANNING CO~MISSION'S DECISION IN DENYING A MODIFICATION TO ENTERTAINMENT PERMIT NO. 91-02, TO EXPAND THE ENTERTAINMENT TO ALLOW A LIVE BAND, DISC JOCKEY, AND KARAOKE IN CONa~3NCTION WITH A RESTAURANT AND BAR LOCATED AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60. A. Recitals. (i) Luanne Pellegrino has filed an application for the issuance of Entertainment Permit No- 91-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." (ii) on November 10, 1993, the Planning Colmnission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. The Coa~aission adopted a Resolution Of Denial at the meeting on November 23, 1993. (iii) The decision represented by said Planning Commission resolution was timely appealed to this Council. (iv} On January 5, 1994, the City Council of the City of Pancho Cucamonga. conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing, including written staff reports, the minutes of the Planning Comission meeting, and the contents of Planning Co~nission Resolution No. 93-101, this Council hereby specifically finds as follows: a. The application applies to property located at 6620 Carnelian Street and is presently improved with a shopping center; and 113 CITY COUNCIL RESOLUTION NO. EP 91-02 DENIAL - SAM'S PLACE January 5, 1994 Page 2 b. The property to the north is vacant and planned for a future freeway, the property to the south is a shopping center, the property to the east is a shopping center; and the properties to the west are single family residences; and c. The original Entertainment Permit was granted for a duet and allowed entertainment on Monday through Saturday, between 8 p.m. to 2 a.m.; and d. The applicant expanded the types of entertainment to include live bands, disc jockey with karaoke, and lingerie shows and the days for entertainment to include Sunday, in violation of Ordinance No. 290 and City Council Resolution No. 91-382; and e. After repeated contacts with City staff regarding the violations, the applicant continued the violations, which ultimately led to the issuance of the City's Notice of Violation. Upon receiving the Notice of Violation, the applicant submitted an application requesting modification to the Entertainment Permit to allow entertainment on Sunday and to add live bands, disc jockey, and karaoke for entertainment{ and f. The City received con~ents from adjacent residents objecting to the loud music from the entertainment in the bar and loud noise from the loitering activities in the parking lot in the late evening and early morning hours, during the months the applicant illegally expanded the entertainment; and g. The proposed entertainment will continue the land use conflict previously described with the westerly residential neighborhood because of the adverse impact of excessive noise coming from Snm's Place in the late evening and early morning hours~ and h. The applicant has not demonstrated that he can be a good neighbor nor comply with the City's codes and conditions of approval because the City has previously received complaints from residents of the same westerly neighborhood objecting to the loud music, noise, and loitering activities coming from Sam's Place and because the applicant continued to violate the City's ordinances and conditions of approval under the permit despite repeated notices from the City to cease the violations and to address the nuisance problems. 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 followsz a. That the conduct of the establishment and the granting of the application would be contrary to the public health, safety, morals, or welfare. 114 CITY COUNCIL RESOLUTION NO. EP 91-02 DENIAL - SAM'S PLACE January 5, 1994 Page 3 b. That the establishment is likely to be operated in an illegal, improper, or disorderly manner. c. That that granting of the application would create a public nuisance. d. That the normal operation of the premises would interfere with the normal peace and quiet of any surrounding residential neighborhood. 4. Based upon the findings and conclusions set forth in paragraphs l, 2, and 3 above, this Council hereby denies the application. 5. The City Clerk shall certify to the adoption of this Resolution. 115 /_ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 5, 1994 TO: Mayor and Members of the City Courtall .,~' Jack Lain, AICP, City Manager FROM: Robert C. Dominguez, Administrative Services Director SUBJECT: CONSIDERATION OF 1994 STATE LEAGUE DUES The League of California Cities has proposed to revise their fee ~chedule for all member cities. The proposed increase is 3% and would impact the City of Rancho Cucamonga by $315; from $10,488 to $10,803. The City of Rancho Cucamonga has been a member of the League of California Cities since immediately after incorporation. Each year the City pays an annual dues fee to the League which has increased over the years by virtue of the City moving into a new population category, and/or by increases in the fees themselves as approved by the League Board and the member cities. This year the League Board of Directors at their annual meeting, approved a 3% dues incTease. There was no dues increase last year. The process for approval is that a majority of the divisions representing a majority of the member cities must approve the dues increase. The League has asked for a response through their respective divisions by January 20, 1994, so that the matter may be considered at the next regular board meeting. The major functions of the League are the same as they have been in the past, and include: continuation as the City's representative for State budget lobbying, provide research and media outreach programs for member cities; and to fund the development of strategic plan to provide feedback to the member cities. It is recommmded that the City Council discuss and provide staff with direction regarding the League's proposed 3% dues increase which would affect the City of Rancho Cucamonga by $315; from $10,488 to $10,803. Respectfully submitted, esAdDirector 116 DEC-14-93 TUE 12:18 LEAGUE OF CA CITIES F~X NO. 9164448671 P. 01 mm. ji[ ) League of California Cities i~l~l~. 1400 K STREET · SACRAMENTO. CA 9S814 · (~16) 444-S790 W~ r~ether ~-It" Drand f~ ~smiltal ~ ~ Imams November 9, 1993 ~, ~ TO~ Mayors and City Manaiers ~-~ ~ ~qq ~* FRO)i: President Bob Bartlett, Mayor or Mortrowe SBJE~: 1994 State Budget Battle/~ague Dues Increase b~t year w~ one of the most critical le~siative battles cid~ have ever faced. I'm proud of effort b nearly eve~ ci~ and our ~a~e to fight the Stat¢'s attempt to bal~ce i~ budget on the bac~ of cities. Faced ~th a $1.3 biIHon at takeaway ~a be~ing of the year, we didn't ~n outright, but we certainly staved off a fero~ous c~ort to ~t ci~ revenues. We a~omplished a ~eat feat wor~ng togeffier-along ~ffi the ~a~e staff--to present a unffied message to not offi the Governor and ~slamre, but also the news medi~ the busi~ss corntauntW, ~d tie ~ers of ci~ senices. ~ l accompl~hed by the work of elated offi~s and ci~ st~ as well ~ by the ~ordina~on and a~istance provided by ~a~e. ~e work of newly eve~ ~a~e staler w~ reditched to the Grass Roots State Budget Battle. ~is year, we are ~c~ng ~ big a battle ~ I~t ye~-or bi~er. We are in the planning stages d~t now to begin fighting for even bi~et stakes. ~ ~e ~rceived ~nne~ ~om last cities must u~te again ~ never before to fight proposals to rake more ptoper~ t~ dozen and even our sa]es t~ ~come. To emure we have at le~t the ~e level of resources behind the eEo~ ~e ~a~e's Board of Directors at the~ meeting dung the ~nual ~etence approv~ a 3 percent dues To a d~ ~th a pop~atioa ~om 30,) to 40,~, this ~11 mean an incre~e of j~x $146. ~ere w~ no dues ~crease l~t year and a CPI incre~e the ye~ before. ~e major elements of the ~n$ ye~s budget are: m ~ndn~ to ~ at ~e forefront of State Budget lobb~g. · U~ r~es to meet State Budget-related research ~d media ou~each needs. · Fund 'ffi~ development of a sttat¢gic plan b~ad on f~dback ~om you, the mem~ ~d ~stomers of ~e ~a~e. ~e te~on~ ~a~¢ di~siom have u oppomni~ to ta~ ~e pro osed 3% dues ~. Ratifi~tion by a majori~ of the dMsions reprcseatin~ a ma'o~ o~mem~r ~es approval of the dues ~cre~. Di~sio~ not res~ndmg by tanua~ 20 sh~l b~ co~i~ ha~n$ ratffied the du~s ~¢rease. Please don't besEtate to ~nta~ me if you have an) about ~is propo~ or you may teach Don Banningboron or Dan Hanisoa on ~e ~ ~ffi question. ~ank you for your con~ued sup~n of the ~a~e and eftore to maintain the abill~ of to meet ~e b~ic nce~ of ~ffo~. Oo~ luck ~ ~¢ co~ng ye~) ~. · · 117 DE0-14-93 TUE 12:19 LEAGUE OF CA CITIES FAX NO. 918444887! P. 02 PROPOSED 1994 DUES SCHEDULE 1992 and Proposed Increase For cities having a population of: ~ 1994 ~ 1 to 500 $29 30 $1 501 to 600 79 81 2 601 to 700 158 163 701 to 800 174 179 5 801 to 900 206 212 6 901 to 1,000 252 260 8 1,001 to 1,250 396 408 12 1,251 to 1,500 489 504 15 1,50I to 1,750 583 600 17 1,751 to 2,000 693 714 21 2,001 to 2,250 739 761 22 2,251 to 2,550 818 843 25 2,501 to 2,750 866 892 26 2,751 to 3,000 .. 944 972 28 3,001 to 4,000 .. 1,056 1,088 32 4,001 to 5,000 .. 1;59 1,297 38 5,001 to 7,500 ., 1,639 1,688 49 7,501 to 10,000 .. 1,891 1,948 57 10,001 to 15,000 .. 2,284 2,353 69 15,001 to 20,000 .. 2,630 2,709 79 20,001 - to 25,000 .. 3,293 3,392 99 25,001 to 30,000 .. 3,953 4,072 119 30,001 to 40,000 . . 4,867 5,013 146 40,001 to 50,000 .. 5,921 6,099 178 50,001 to 60,000 .. 6,820 7,025 205 60,001 to 70,000 7,496 7,721 225 70,001 to 80,000 7,874 8.110 236 80,001 to 90,000 8,394 8,646 252 90,001 to 100,000 9,196 9,472 276 100,001 to 125,000 10,488 10,803 315 125,001 to 150,000 11,544 11,890 346 150,001 to 200,000 13,119 13,513 394 per each 10.0430 of _oooulation 200,001 to 500,0430 ... $ 657 677 20 Over 500,000 ... 607 625 18 In no event shall the annual dues for any city exceed $50,000, and no city's dues shall increase more than $5,000 per year. E\member\~d\budge~\budget.duc DATE: January 5, 1994 /, ~Fl FROM: ' . M e t ' ~BE~ " SUBJECT: BROTHERS CiNSTRUCTION - cHiCUC~ONG ~T SPCR~T~ PARK PROJECT Staff is requesting that this item be pulled from the January 5, 1994, City Council agenda. Staff will reschedule this item for the January 19, 1994 City Council meeting. RG/TLS/js 12/03/93 Planning Division City of Rancho Cucamonga P.O. BOX 807 Rancho Cucamonga,. CA 91729 To whom it may concern: I, Becky Liao owner of 6623 Topaz St. Alta Loma, CA, is against on the modification to entertainment permit 91-02- Sam's Place. The live band, disc jockey and karaoke in conjunction with a restaurant and bar affect the peaceful environment of all the neighborhood around the rea as well as the sleeping time of the people. Apperciate your kind effort on this matter. Sincerely yours, Becky Liao RECEIVED J .FI j:· City ol Rancho Cucarnor_ Planning Division CITY COUNCIL RESOLUTION NO. EP 91-02 DENIAL - SAM'S P~ACE January 5, 1994 Page 3 b. That the establishment is likely to be operated in an illegal, improper, or disorderly manner. c. That that granting of the application would create a public nuisance. d. That the normal operation of the premises would interfere with the normal peace and cluiet of any surrounding residential neighborhood. 4- Based upon the findings and conclusions set forth in paragraphs l, 2, and 3 above, this Council hereby denies the application. 5. This Council hereby provides notice to John Mannerino 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. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return- receipt requested, to John Mannerino at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. 115 IAN-~3-1994 i~: 03 FROM K S U TO 19~99~81648 P. 01 KAMINE, 5~INER 8 UNG~RE~ ' Tr~smitt~ ~ ~ to (~0~) ~-I~8 IUU~ 3, I~3 D~ L. Stout, MaWr Ja~ ~, Q~ M~ag~ P. O. ~x ~7 P.O. ~x 807 Rancho Cu~monga, CA 91~0 ~n~o Cummonga, CA 91730 ~arles ~. Buquet, Ma~or Pro Tm W~ J. ~xand~, Co~ffi M~r P- O- ~x 807 P.O. ~x ~ : Rancbo Cuc~o~a, CA 91~0 ~n~o Cu~onga, ~ P. O. ~x ~7 P- O. ~x 807 ~ncho Cucamonga, CA 91~0 ~o Cu~onga, ~ 91730 Re: GENTRY v. RANCHO CUCAMONGA ~n Bernardino 5.C. NO. KCV U5~4~9 Our File No. 042.006 Dear Mayor and Council Members: 'l'he purpose of this letter is to request council approval of a partial settlement of the case referred to above. Gentry Brothers, ~c. ("Gentry"), Developers Insurance Company ,r"Developers"), Cucamonga County Water District CDist~ict") and the City' will settle the action as follows: Gentry will accept in full and complete settlement of its claim, $230,000. That amount will be paid by the following parties in the following amounts: Developers (Barmakian's surety) will pay $I55,000, District will pay $15,000, and City will l~ay $60,000. The City's contribution is substantially less than the $250,000 which the City authorized to settle the case. This settlement does not con~plctety dispose of the lawsuit. Developers will pursue a cross-conlplaint against Andrew Barmakian for the amount of its ZAN-~3-1994 1S: (~4 FROM K S IJ TO 19099481648 P, 82 ~. ', Mayor and Council Me_rulers January 3, 1993 City of Ranch0 Cucamonga Page No. 2 payment. l'he City's cross-complaint against The Baxmaldan Company will proceed as well as the Barmakian Company's cross-complaint against the City. The City will seek to recover its set~ement payment from Barmaidan and Bzaaiakian will seek to recover damages against d~ City for its alleged negligent inspection of Barmaldan's storm drain and sewer line. The partial settlement has advantages for the City: First, at trial Gentry would tuive recovered agairmt City at least on the de. lay claim. Gentry's recovery could have been more than $300,000 plus its attorney fees. By settling, City's exposure on C-entry's claim will not exceed $60,000. Second, the defense of the Barmakian cross-complaint depends upon two legal questions, (1) whether the City haa immunity with respect to any duty to inspect and (2) whether Barmaidan was required to serve a government code claim. Both of these issues will be raised by a motion for summary judgment before the balance of the case is tried. If the City prevails, then the _n~ against the City will be over. Third, there is a small chance that Barrnakian's lawsuit may not be tried. The Barmakian Company is a suspended corporation and cannot prosecute the action unless it cures its corporate status. I will be happy to answer any questions about the proposed settlemerit at the city council meeting on January 5, 1994- Very truly yours, PMU:L ENVIRONMENTAL INFORMATION FORM (Part l - Initial Study) The purpose of this form is to inform the City of the the proposed project so that the City may review the proj ........ policies, ordinances, and guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full; INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: Project Title: RANCHO CUCAMONGA ADULT SPORTS PARK PARKING LOT EXPANSION Name & Address of project o~mer(s): CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA. CA. 91730 Name & Address of developer or project sponsor: Contact Person & Address: RICK Telephone N,,--her: (909) 989-1851, ext. 2166 Name & Address of person preparing this form (if different from above): SAM[ Telephone Ntlm~ : r CITY of RANCHO CUCAMONGA 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: ENCROACHMENT PERMIT, GRADING PERMIT, STORM DRAIN PERMIT FROM SBCFCD 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, site all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): THERE ARE NO EXISTING STRUCTURES ON THE PROJECT SITF. NATIIRAI ~ROIJND FALLS UNIFORMLY NORTH TO gDUTH AT APDROXIMATFIY ? PFRCFNT, SnTIq STABILITY IS NOT OF CONCERN ON THE PROJECT SITE_ THFRF ARF NQ APPARENT ANIMAL HABITAT ON THE SITE AND ND TREES WHICH WOULD BE REMOVED UNDER THE CURRENT CITY TREE REMOVAL PERMIT PROCESS, 13) 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, setback, rear yard, etc.): ALL SURROUNDING PROPERTIES ARE WITHIN THE INDUSTRIAL ARFA &P~CT~TC PLAN. PROPERTY TO THE NORTH IS PRIMARILY VACANT WITH AN EXISTING RESIDENCE. PROPERTY TO THE EAST CONSISTS OF AN SCE EASEMENT AND FLOOD CONTROL CHANNEL. PROPERTY TO THE SOUTH IS VACANT. AND TO THE WEST IS THE RANCHO CUCAMONGA ADULT SPORTS PARK, 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? NO 15) Indicate the type of short-term &nd long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses- What methods of sound proofing are proposed? NOISE LEVELS GENERATED BY THE PARKING LOT EXPANSION AND FUTURE SPECIA~ EVENTS ARE NOT ANTICIPATED TO BE SIGNIFICANT. Indicate proposed removals and/or replacaments of mature or scenic trees: NONE 21) Anticipated range Of sale prices and/or rents: Sale Price(s) $ to $ Rent (per month) $ to $ 22) Specify number of bedroom by unit type: 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: b. Junior High: c. Senior High: coe~Rc~ , r~DD~rK~L ~MD INSTIT~TIOM~L PE~OU'ECTM 25) Describe type of use(s) and major function(s) of co-m~rcial, industrial or institutional uses: 26) Total floor area of com-~rcial, industrial, or institutional uses by type: ATTACHMENT A Water Usage Average use per day ~i~_~tial Single F~m~ly 600 gal/day Apt/condo 400 gal/day ~rcial/I~d~tzial G~neral a~ ~io~al ~o~ial 3000 9al/da~/a~ Neig~rhood Com~rcial 1500 gal/~y/ac ~neral Industrial 1500 gal/day/ac Industrial Park 3000 gal/day/ac For all uses Avera~ use X 2.0 Sewer Flows l~esi~enttal Single F-m~ ly 270 gal/day &pt/Condos 200 gal/day Ccmercial/Iaa--trial General Commercial 2000 gal/day/ac Neighborhood Cem-~rcial 1000-1500 gal/day/ac General Industrial 2000 gal/day/ac Heavy Industrial 3000 gal/day/ac Source: Cucamonga County Water District Master Plan, 9/86 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Xl~-utary School Districts Alta Loma Etiwanda 9350 Base Line Road, Suite F 5959 East Avenue ~ancho Cucamonga, CA 91730 P.O. Box 248 (714) 987-0766 Rancho Cucamonga, CA 91739 (714) 899-2451 Central 9457 Foothill Boulevard Rancho Cucamonga, CA 91730 Chaffey High School (714) 989-8541 211 West 5th Street Ontario, CA 91762 (714) 988-8511 Cuc~nga 8776 A~chibald Avenue Rancho Cucamonga, CA 91730 (714) 987-8942 ENVIRONMENTAL CHECKLIST FORM 1) Project Name: RANCHO CUCAMONGA ADULT SPDRTS PARK PARKING LOT EXPANSION 2) Related file No.(s): DR -40-04 3) Applicant: CITY 0F RANCH0 CUCAMONGA Address: ZQ~QO CIVIC CENTER DRIVE RANCNO CUCAMONGA, CA 91730 Telephone No.: (909) 989-1851 ext. 2166 4) Representative: RICK GOMEZ Address: SAME Telephone No.: fIT. 2166 5) Project accepted as complete (date): II. ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, explanation of the potential project impacts identified as "Yes" or "Maybe" are required on attached sheets. Explanation shall also be provided in each instance where a potentially significant effect has been determined not to be significant and is marked "NO". Yes Maybe No 1. EARTH. Will the proposal result in: a) Unstable earth conditions or changes in geologic substructures (including slope failures, subsidence, falling rock, etc.)? X b) Substantial disruption, displacement, compaction or overcovering of the soil? X c) Major change in topography or ground surface relief features, so that the general slope and lay of land will be significantly modified? X C I T Y o f R A N C H O C U C A M O N G A Yes Maybe No g) Substantial reduction in the amount of water otherwise available for public water supplies? X h) Exposure of people or property to water related hazards such as flooding? X 4. PLANT LIFE. Will the proposal result in: a) A substantial change in the diversity of species, or number of any species of plans (including trees, shrubs, grass, crops, microflora, and aquatic plants)? __ ~__ b) Reduction Of the numbers of any unique, rare or endangered species of plants? X c) Introduction of new species of plants into an area, or results in a barrier the normal replenishment of existing species? X d) Reduction in acreage of any agricultural crop? X e) · The removal of any trees? X 5. ANIMAL LIFE. Will the proposal result in: a) A significant change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X b) Reduction of the numbers of any unique, rare or endangered species Of animals? X c) Introduction of new species of animals into the area, or result in a barrier to the migration or movement of animals? X d) Deterioration to the existing fish or wildlife habitat? X Yes Maybe 10. COMMUNITY. Will the project result in: a) The displacement of community residents? b) Opposition or controversy within the neighborhood or the community as a whole? c) A detrimental effect on the community due to an insufficient market? d) An undesirable precedent which would promote Or facilitate other projects that would create significant impacts on the environment? e) An alteration in the location, distribution, density or growth rate of the human population of an area? f) A detrimental effect on the existing housing or create a demand for additional housing? 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 waterborne, rail or air traffic? f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes Maybe No 5) Storm water drainage? X 6) Solid waste disposal? X 15. RECREATION/OPEN SPACE. Will the project result in: a) An encroachment into any recreational area or an area proposed as open space by the City or any other jurisdiction? X b) An impact upon the quality or quantity of existing or planned recreational Opportunities? X 16. CULTURAL RESOURCES. Will the proposal result in: a) The alteration of or the destruction of a prehistoric or historic archaeological site? X b) Adverse physical or aesthetic effects ko a historic building, structure, or object? X c) The potential to cause a physical change which would affect unique ethnic cultural values? X d) Will the proposal restrict existing religious or sacred uses within the potential impact areas? X 17. AESTHETICS. Will the proposal result in: a) The creation of an aesthetically offensive site open to public view? X 18. SAFETY. Will the proposed project result in: a) The creation of an adverse or hazardous conditions should a landslide, earthquake, flood, or other natural disaster occur? X b) The application, use or disposal of potentially hazardous materials? ~ III. DISC~SSIO~ OF ~VI~O~ENTAL ~V~LUATIO~ (Attach ad~tional sheets with narrative description of environmental impacts. ) IV. ~r~TI~ (To ~ completed by the Lead Agency. ) On ~he basis of this initial evaluation: I find ~hat the ~ro~osed project CO~D NOT have a si~ificant effect on the environment, and a NEGATI~ DEC~TION WILL BE P~PA[D. I find that although the ~ro~osed project could have a si~ificant effect on the environment, =here will not be a si~ificant effect in this case ~cause the ~tigation measures describe~ on an attached sheet have ~en aa~ed to the project. A NEGATI~ DEC~TION WILL BE P~PA~D. ~ I find the proposed project ~Y have ' ' '~nt ' and an E~IRON~T~ IMPACT ~PORT IS __ Decembe~ 9, 1993 Date Si~at~e For 3.c: There will be an increase in surface runoff as the parking lot will be paved and is therefore a non porus surface. A storm drain is being installed as part of the project and will take runoff to the Day Creek Channel. 7-b: City parking lot standards will be used for lighting. The project will also incorporate higher intensity lighting for the purpose of illuminating special events when they occur in the easterly portion of the parking lot. The project is located in an industrial area where the impact to adjacent land use will be minimized. Glare control will also be used on the special event lighting to diminish spillage and visibility outside of the project boundaries. 12-d (2): There may be need for some additional police patrol. The site however, is gated and not open to vehicular traffic when not in use. There also are security lights throughout the parking lot which will remain on during the night. 12-d(5): There will be minimal amount of added maintenance with the landscaping of the parking lot and sweeping of the asphalt. The location of the Sports Complex maintenance yard diminishes this impact with its close proximity and availability of equipment and personnel. 14-a(5): A storm drain line will be installed as part of the project to take excess surface water to the Day Creek Channel. 15-b: The parking lot will expand the Cities opportunity to program new activities with its design of the easterly half of the project. Programs such as swap meets, roller hockey etc. may be held because of the open design and lighting incorporated in this project. ~he Rancho Cu~m~nga City Council will be holding a mppting at 7:00 p.m. on Ja~ual~ 5, 1994, at the Rancho r~,~mnnc/a Civic Center, Council ~mh,ar, lcca~a at 10500 Civic Center Drive, Rancho California 91730, to consider the following described project. received and the enviroDmPntal assessment may be reviewed any time prior to final action. ~he City Council will be considering the assesa~_nt, staff's rec~miendations, and public input at its meeting of January 5, 1994, prior to making a final determination. EXPANDI~ PARKING LCT OONSiFj~Ji'iON PI~33'~, loca~ at Rod~ester Avenue and Stadi~n Parkway. S~ef _reo__-_:mends issuance of a Negative Declaration. Anyone having concerns or questiors or wishing to review or c~a,ent on the City Park Devel~ent Division at (909) 989-1851 or visit the offices locate~__ at 10500 Civic Center Drive, Pancho Cucamonqa. Also, anyone objecting to or in favor of the above, my app~ in person at the abve-described meeting or may su~t their concerns in writing to the City prior to said neeting. Written c~ents should be to the Park Develu~ent Division, City of Rancho Cucamonga, P. O. Box 807, Rancho Cucamonga, CA 91729. IF YOU (~AI.I.~GE ANY OF ~tE FORMGOING ACTIONS IN CO~T, YOU MAY BE I21~T~U TO RAISII~G C~LY TP~DSE ISSUES YOU OR SCMK)NE ~-~E RAI~U AT THE CORRESPC~DI~CE Dk"r.TVE~]3 TO THE ~l'~'f COUNCIL AT, C~ PRIOR TO, THE H~r.TC December 14, 1993 Rancho Cucamonga City Council Date