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Home My WebLink About1985/08/07 - Agenda PacketG~'CA.Np '~ ~~ CITY OF ~ •1 ~ i Rr~'VC}1p CUG110NC.A - ^~: ~ CITY COL'\CIL !' AGE.\ L7~1 1977 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, Ca lif arnia Aueuet 7. 1985 - 7:30 o,m A31 ite~a emh~i[Ced for the Ciq Council Agenda oust be io rri [iog. I'he deadline for suhitting these item ie 5:00 p.~. on the Yedaeaday prior to the eueeting. the City Clerk'• Office reeeivee all each itea.. 1. CALL 10 OltD6g A. Pledge of Aliegi ante [o Flag. • B. Roll Call: Hrigh[ _ , 8uquet __, Mike la Dahl __, and King C. Approval of Minutes: March 14, 1985 June 4, 1985 July 3, 1985 2. A111001IC~i8/PY68A71tI0g8 A• F'edoesday, Augue[ 14, 1985, 7:00 p,m. - PLANNING COMMISSION, Lione Park Community Center. B. Thursday, Augue[ 15, 1985, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lione Park Community Center. C. Thursday, August 22, 1985, 7:30 p.m. - ADVISORY COMMISSION, Lions Perk Community Center. Ci [y Council Agenda -2- August ', 198J • 3. CMSBBT CAL~7DA[ She fo lloriog Cmaent Calendar items are enpec tad to be rou tine and non-cootroverais 1. They rill be acted upon by the Comcil et one tine rithout diacmaieo. A. Approval of Warrants, Re gi scar Eo"s. 85-OB-07 and 1 Payroll ending 7/21/85 far the total amount of 5602,307.06. B. Alcoholic Beverage Application No. AB 85-14 for On-Sale 6 Beer b Nine Eating Place Li<eaee, Richard D. Garcia d Raul Robl ea, 8417 Haven Avenue. C. Alcoholic Beverage Application No. AB 85-15 for On-Sale 8 Beer 6 Wine Eating PLace License, Rurt Steven Rzuggel, 6615 Carnelian. D. Alcoholic Beverage Application No. AB 85-16 for 10 Off-Sale Beer 6 Wine Eating Place License, Brinuch Ch orrusmeeku 1, 10080 Arrow Hvy. E, Forverd Claim (CL 85-19) against [he City by Amy Caae, 12 auto accident, June 3, 1985 et Hellman Avenue, south of Baee Line. F. Forward Claim (CL 85-20) age inet the Ci Cy by Amio to l3 • Avila Ortega, des [h due [o auto accident, May 24, 1985 at Eaet Avenue and Baseline. G. Forward Claim (CL 85-21) ago ins[ the City by James M. 25 Garcia, auto accident, May 26, 1985, at Ste to Route 30 (Highland Avenue), et the intersection of Etiranda Avenue. H. Release of Sonde: 30 80-02 - Loce [ed on Poothill Boulevard at Lion CUP _ Street (Music Plue Plaza); owner, Re ller Construction Co., Inc. Release: faithful Performance Bond (Road) $55,000.00 La hor and Materials Bond (Road) 527,500.00 Tr ac[ 10045-1 - Lo ce tad on Hidden Farm Road at Haven Avenue; owner, Hing Y, We [[. Release: Faithful Pe rf ormaoce Bond $96,800.00 C: ty Council Agevda -3- August ., 19b~ Patcel MaD 6962 - Located at Vica ra and Jasper; owner, Milliam J. Roth. Rele aee: Faithful Performance Bond $16,000.00 (Street) RESOLUTION N0. 85-233 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CEO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMFN TS FOR CUP 80-02 AND AU1f10RIZ ING THE FIL tNG OF A NOTICE OF COMPLETION RESOLUTION N0. 85-234 35 A RESOLUTION OF TIfE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10045-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION RESOLUTION N0. 85-235 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF RANCHO CUCAMONCA, THE PUBLIC IMPROVENEN TS CALLFORN IA, FOR PARCEL ACCEPTING MAP 6962 AND AUTIIORIZ ING THE FIL INC OF A NOTICE OF COMPLETION I. Ap pr ovai cf Real Property Improvement Contr ac[ and Lien 38 Agreement, submit tad by Eric end Denise Dumont for property Located et 12720 Amber Lane. RESOLUTION N0. 85-236 44 A AES OLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CRO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC AND DENISE DUMONT AND AUTHORIZING TIIE MAYOR AND CITY CLERK TO SIGN THE SAME J, Approval of Improv em en[ Agreement, Improv amen[ Security 45 and Rest Property Improvement Contract and Lien Agreement Eor DR 85-02, lose tad on [he nor [hweet corner of Fov [h ill Boulevard and Hellman Avenue, submitted by the Pep Boys Moony, Moe and Jeck aE Calif oznie. Ci [y Counccl Agenda -4- Augusc 7, 198> • RESOLUTION N0. 85-237 56 A RESOLUTION OF THE CITY COL'NC IL CF THE CITY OF RANCRO CUCAMONGA, CAL IF'ORNIA, APPROVINC IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEN N0. 85-02 RESOLUTION N0. 85-238 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CNO CUCAMONGA, CALIFOHN IA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THE PEP BOYS NANNY, ROE AND .LACK OF CAL IFOBN IA FOA DEVELOPMENT REVIEW N0. AS-02 AND AUTNORIZ ING 171E MAYOR AND CITY CLERIC TO SIGN THE SAME K. Approval of Street Frontage Construction Lien Agreement 58 be Cween Leona Denna and the City of Ranc ha Cucamonga. RESOLUTION N0. BS-239 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCtlO CUCAMONGA, CALIFORNIA, APPROVING • STREET FRONTAGE CONSTRUCTION LIEN AGREEMENT BETWEEN LEONA DAN NA AND TAE CITY OF RANGRO CUCAMONGA C. Approval of authorization to advertise for bide and 70 approval of plans and specif icationa for Hase Lire Road Tmprov emen[s be tweea Teak Nay and Neven Avenue. RESOLUTION N0. 85-240 71 A RESOLUTION OF T7iE CITY COUNCIL OP TIIE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOA THE CONSTRUCTION OF IMPROVEMENTS FOR BABE LINE ROAD FROM TEAR WAY TO RAVEN AVENUE IN SAID CITY AND AUTtlORIZINC AND DIRECTING TEE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M. Approval of Professional Services Agr semen[ (CO 85'76) 7e with G.P.S. Canaul Ling Civil Engineers for the videning of the existing box <uiver[ at Al Ca Lama Creek, constructing north aide improvements and general pav amen[ re conetcu c[ion of Highland Avenue in an amaunC not to exceed 534,360.00 pl ue a lOX contingency [o be funded through Gae Tex. City Council Agenda -5- August ,, 19tlJ • N. Approval [o award bid [o Uaited Pacific fo: po:'.,~; w~, 94 Santa Fe Springs, California, tot Che 1905-86 Citywide Street Tree Mai^[e Hance Contract (CO 85-77) foc 5100,000.00. 0. Approval of Professional Services Agr semen[ (CO 85-78) 99 with FCRMA to prepare design [h em es ar,d concepts for [he beautification of Ar chibeld Avenue from FouzCh Street [o gave Line Road for an amount not [e exceed 514,740 [o be funded From the Beau[ifica Ci on Fund. P. Approval of Profesei onal Services Agreement (CO 85-79) 113 with Madole and Aseocia Ce9 [o des ign median island oa Raven Avenue from Arrow Route to Nineteenth Street for an smount na[ to exceed 529,300 to be funded from [he Beeu[ifica ti on Fund. Q. Approval of Inland Mediation Board Contract (CO 85-BO) 125 for fiscal year 1985-86. R. Approval of budget transfer of $26,300.00 from planning 131 pe reonnel account (4333-1100) to plenni ng toner act services account (4333-6028) for Cammuni ty Code Enf ar cement Services, end transfer of 510.200.00 from City Clerk pe re onnel account (4126-1100) co City Clerk contract services account (4126-6028) for • microfilm/records management services. S. Approval to Gran of er $45,000.00 From prev iouely 132 ep prov ed contingency in [he budget [o the opera [ing budget for implementation of Program of Cosc Accounting update and compu[eriza[ion. T, Approval of Revised Cost Sheri ng Agreement with O.S. 133 Army Corps of Engi neere, and author ze the Fi Hence Director tm pay Che O.S. Army Corps of Engineers $515,000.00 for Che City's share of Che development of the Cucamonga Creek Recreation Pr of ec[. U. Approval to designs [e those fund be lances [hoc have not 135 been appropriated to reserves in the Pack OeveLopme nt Fund and Capital Reserve Fund. V. Se[ public hearing for August 21, 1985, for Envirommen tel Assessment and Oevelopmene Code Amendment 85-02, Ci [y of Rancho Cucamonga. N. Set public hearing for Augu et 21, 1985, for Env ironmen[91 Aa easement and Ipduetriel Specific Plan Amendment 85-02, Ci [y of Rancho Cucamonga. CJ City Council Agenda -6- August ;, 198 . R. Set public hearing for August 21, 1985, Eor Grantee Performance Report. 4ADVEQTISBD POELIC REARIlGS A• APPEAL OF Ttl£ ADJACENT PROPERTY ONNERS ON TNOROUGNBRED 136 STREET OF TBE PLANNING COMMISSION'S DECISION APPROVING TENTATIVE TRACT 10349 - PLAZA BUILDERS - A total r eetdential development on 33.2 net acres of land in the Very Low Residential Dia cr ict (1-2 du/ac), iota [ed vest of Sapphire Street, south of Jenne[ SCr set - APN 1042-121-3, 1062-161-1 and 1062-001-3. Item Conti ~Ued from July 3, 1985 meeting. B• APPEAL OF TBEE REMOVAL PEBNIT 85-25 - BAAMARIAN - An 138 appeal by the appli ca~.f of the Planning Div iaion'e denial of Tree Removal Permit 85-25 for Tract 10277-2 and 10277, Rings Rancho Ee[e tee (Barmekiao). C. APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL OF X55 CONDITIONAL OSE PERMIT 85-08 - VEBNACI - Appeal by appl iceot of Planning Co®is si oa'e Conditions of Approval for a proposal to locate a single trailer Eor • a careteke r'e facility in a wholesale nursery located in [he Edison right-of-ray o^ the uor th aide of Ba ee Line, east of Rochester - APN 227-091 -41. D. AppEAL BY COUNCILMAN DABL OF PLANNING DEPARTMENT'S 175 DECISION APPROVING TREE REMOVAL P£RM IT 85-20 - TRACT 12532 - ARCtlIBALD ASSOCIATES - The removal of four Eu <a lyp[ue trees in Archibald Aeeocia[es Tract 12532, located on the nor ch aide of the Southern Pa<if is Railroad betreen Archibald aed Ramom. E, APPEAL OF CONDITIONS OP APPROVAL FOB DESIGN REVIEW OF 187 TRACT 12532 - Appeal by eppl icent of Planning Comm iseion"s condition of eppr oval for Design Review for Tanta [ive Trent 12532, a reeppliw ti on for design rev ier of minor er chitec[urel changes co the approved eleva done and adding one new eleven on for 102 zero Io[ tine and 9 single fam tly lots on 14.5 acr ea of land in the Low Medium (4-B du/ac) District, loco cad at Monte Vista S[r set, be tveen Archibald Avenue and Ramona Avenue - APN 202-181 -05, 06, 15, 16, Ci cy Council Agenda -7- Auguse 7, 196 . F. ENVIRONMENTAL ASSESSMENT AND TEBAA VIBTA DEVELOPMENT 2!2 PLAN AMENDMENT 85-03 - LENIS - An amendment to [he Development Plan for the Terra Vista Planned Comn.uni [y to change [he land use designations in [he southeast quadrant to include a hospital and mixed commercial, office and residential uses. ORDINANCE N0. 170 (f irat reeding) 255 AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ADOPTING TERRA VISTA DEVELOPMENT PLAN AMENDMENT ES-03, REQUEETING A GRANGE TO THE LAND USE PLAN AND TEXT POR THE SOU TNEAST QUADRANT OF TERRA VISTA, INCLUDING A NOSPI TAL AND HIRED COl1HERCIAL, OFFICE AND RES IDENTIAI. USES, LOCATED ON TEE NORTR SIDE OP FOOTRILL BOULEVARD, NEST OP ROCHESTER AVENUE, EAST SIDE OF MILLIREN AVENUE G. ENVIRONMENTAL ASSESSMENT FOR CUCANONGA CREEK TRAIL AND 267 PARR PROJECT RECREATION PAC ILITY H. RESIDENTIAL REFUSE COLLECTION PERMITS - Consideration 282 of matter of issuing ree identiel refuse <ol lecticn pe rmite pursuant to Section 66757 of the California Government Code aad Chapter 8.17 of [he Rancho Cucamonga Municipal Code. Permit applican [s: Service Area One, Beet Disposal Company; Service Area Tvc, Nee tern Waste Industries; Service Area Three, Yukon Dis poeal Service; Service Area Four, Rancho Disposal Service, Inc. S. ~W-1DY6[SIB® R$AILGS A. ORDINANCE REGULATING AMBULANCE SERVICES NI1b THE CITY 284 OF RANCNO CDCAMONGA - Cone idera ti on of an ordinance estebl iahing minimum standards For the operation of ambulance servicee vi[h in the City. Item conci ~Ued f ram July 31, 1985 meeting, ORPINAN CE N0, 269 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AMENDING THE RANCHO CUCANONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES C:cy Council Agenda -8- Augus: ~, 19b~ 6. CITY MNAGER'S SYAPP RBPDRIS A. CONSIDERATION OF AHENDINC NAY 5. 1987 LOAN AND PLEDGE ?86 AGREEMENT (CO 83-080), HETNEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCANONG A _ REGARDIN4 TH_E_DAY CREER ETIWANDA DRAINAGE IMPROVENEN TS B. AUTBORI ZATION POR THE CITY TO ISSUE BONDS FOR A ?93 COMMUNITY FACILITIES ^ISTRICT FOR CONSTRUCTION OF DAY CREEK IMPROVEMENTS RESOLUTION N0. 83-241 294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CAL IFOBNIA, ADTNORIZINC ANU PROVIDING FOR ISSUANCE OF BONDS OP A COMMUNITY FACILITIES DIS TBICT C, ACCEPTANCE OF A PURCHASE AGREEMENT (CO 85-81) BE'[fiEEN 3?3 THE CITY OP RANCHO CUCANONGA AND STONE AND YOUNGBERG AND ANARDING THE SALE OF BONDS OF A COMMUNITY FACILITIES DISTRICT FOB CONSTRUCTION OF DAY CREEK IMPROVEMENTS RESOLUTION N0. 85-242 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING PCRCHASE AGREEMENT AND MAKING AMARD FOR SALE OF HONOS IN A CONNUN ITY FACILITIES DISTRICT C. APPOINTMENT OF BANK OF AMERICA, NT65A. AS FISCAL AC ENT 327 ~CO_ BS-82 __FOR TIIE COMMUNITY FACILITIES DISTRICT N0. 84-1 RESOLUTION N0. 85-243 328 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPOINTING FISCAL AGENT FOR PURPOSES OF SERVICING CERTAIN SPECIAL TAA BONDS E. CONSIDERATION OF MINIMUM DNELLING UNIT SIZES IN THE 770 CITY F. UPDATE ON VECTOR CONTROL PROGRAM 733 Cicy Council Agen~a -9- Augusc 7, 1981 7. CON~CIL DUSI1638 A. REQUEST BY COUNCILMEN DER DAHL TO DISCUSS MINIMUM 5 DARE FOOTAQE REWIREMENTS FOR RESIDENTIAL DEVELOPMENT - This item may be referred [o the Pl ennivg Commissiev. 8. A0.100YN91T _".lrgg. t5~(,3_~ ' 4CrYU J7Pa.na OnrP PrYa J.i JJ\OJ•'+IIO G.urOrrv C.d 4(+.. hUV ~C a+ ayO~n (u 4lnr OrrU^w. .. ga)OJU~J.r {rOn -~ .rn 4ha•fYJ\Yrvrl~ r.~(.O n.N nrY~n r1 ~.]Y d~~u.~ ~Yw J\„md •r~. .~ .+(~n^^Cr hu^.m C~Y .. nrPa Yrn+J~NPr; +\r.1 (~PwN OdPnr w•'~ 2+ .. .. .. .. n .. .. .r v r r m i. 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Do NNWNe biaEi yAY Line; Pa MpnmenE Uw ~ Maeheal: ^ fwwdE/ rolke, ^ 9:An1A ie9m4 [. =' 1~ ~~ c ~Cemmt2c~AC Ccurr,C ~µ=AtiT (~ uu~nL ~ ~..cu srQunrc,J ~ 'IV/ ~I 'I I I Z~QOLtJ +i ~.J6 ` - - - - ,oo~, i ~rnc,AN VA[Aur Lo7 Matr~r i /1~aow mNU~Ccr ~ CiQuciz .u~i( 6c ~acArlb r,v A ~ N¢m (?ai+vr~tet'Ci~kC CGAITP2 ,uou~ uu,~tiL COAIST/Z [i CTiOlJ a~ t~P Noil7~AcuEsr Cc2,uE2 bF iuQNeQ. ~nJ~ ~~L2or,J ~cob• • ~j RoplllT a ~UQIZlu7C ~ ~ctieD NvJN~C~ ~'IL~fCIIiICSCuIlf£NT~~ TONCL o C e- ~e~,~e~nmt~!'i~,L S NORTH l rVl - n~<o."~~us~'r~'~e~~xR,r~• E/rsr /NI -Mco. `Lra~,rv ~s,vur~Ac ~au7~ /Be-P~~,. CbN1R9FdcrAC ullsr/M-Mt D, asus,rv ~es~~eunne Ge~ili}~'~1A~ ~o,~,tih a ~•u6~Fcr ~1~7cPF/t"! ~ s~ u~hlCE,uT7.'of'//TIES r',(~L'' %IS NoTfD AR_90!'. lJ Cc : Q.dt~ry C;~ ~~ -i9 FEl6 ='m c)~lx rag orucs o~ Irlaei C(TY ~ RANCHO CUCAMONGA ~ AOMIN~STR~~TION . 1. Cla for death, injury to person. or to personal property was ~` ii~einao later than 100 days after the occurrence (Gw. Code, Sec. 911.2). X33 2. Clain for daugn co real property wsc be filed nv ilClT'CN7tl'T'~~~IB ene occurreoce (Gw. Code, See. 911.2). ! 1'0: CITt Or gYC10 COCAMOOCA 9379 Lavine AMY CASE Alta LonarCA 91701 Nue of Clainanc Addreaa Zip Phoae Age MICHAEL DARLINGTON, Esq. P.O. Box 278, Rancho Cucamonga, CA 91730 Addrea• to rhich Claiaunt vishea notices sent. YNY did duage w injury occur? June 3, 1985 ~ did danage or imj uzy occur? Hellman Avenue, South of Baseline SOY and under rAac circ~aatance^ did damage or injury occur? Hit unfilled hole in She road and lost control of mY vehicle and ran into a wall. • YYS particular action by the Cicy, or iu enPl oyeu, caused the alleged duage or injury? (Include oa~ea of nployeea, iE knosn). Failure to fill hole in the street after repair work was done. Yhat sum do you claim2 Include the eatisaced mount of any prospective loan, inaof ar as it nay be kawn •c tba time of cha presentation of this clam, together vicA the buia of conputatiom of the amount elainad. (Attach eatiutea or bills, iE you ib le ). Tice and Wheel dama4e $ 159.61 Damage to Vehicle $1,347.75 Subfiotal Anoumc Clnined: $1,507.36 Additional amounts to follow: ~AIRg and addrea sea of vitoeaaea, doctors, and AmpiuL K r nay 7775 Tvnn StYeet Alta Loma: sue.. entonio Community Hospital, Upland, CA` rn[erstate Chiropractic, Claremont, CA /7 • July 1. 1985 //^ ~ Gn gi~matun of Claiunt !Y • JOSEPH -E. ! HI,E LE\^ I.C. .: ,. . Sac c. .9 f suly 24, 1985 Ms. Beverly Authelet City Clerk P.O. Box 807 Rancho Cucamonga, CA 91701 CITY ~Cf ~P,r'i'4f :. r. i~. Ci~~,d :,.,. JUL 2 ~~ 1985 PY 'ISf9J0~llIIL)112(3f415(6 i RE: CA Government Code §910, 1C0-day Claire Notice Accident Date: 5/24/85 Widow, Aminta Avila Ortega and her son Tomas David Ortega vs. the City of Rancho Cucamonga, et al. • Wrongful death of Thomas David Ortega, deceased husband of Aminta Avila Ortega and and father of Tomas David Or*_eqa. Dear City Clerk: This office has been retained by Aminta Ortega and her son Tomas to represent them in the above captioned matter. This letter constitutes the CA G.C. 910-100-day Claim Notice. 910fa): Claimants' address is 575 E. Firs[ Street, Claremont, California 91711. Claimants' names are the same as above. 910(6): All 910(6) Notices may be sent to my offices at 6700 E. Pacific Coast Highway, Suite 286, Long Beach, California 90803. 910(cl: Claim Circumstances: Please see attached 5-page traffic collision report (NO. 1324515-111 ar.d attached 4-page supplemental collision report (NO. 1324515-111; defective road design; road hazard. 910(d): Description of Claim: Wrongful Death Action. l3 City Clerk • Page 2 Juiy 24, 1985 9i0(el: Emoloyee at Fault: L'n known. 91C(g): Claim Amount: S10,G00,000. Basis of Computation: Prior expe rie r.ce in handling similar type cases. DATE: July 24, 19P5 LAW OFFICES OF JOSEPH E. THIELEN, INC. .: y // Joseph E. Thielen Attor reys for Claimants • • yy TRAFFIC COLLISION REPORT CUP + ... I S n.• <.. ,~. ... . , r.. ... q A ».r... ... . N. .. .•...... < ^ t 132y~IS-Ii a ~ ` U c: ~_ _... ~ _ _ ~... X11 U. _. _ ~o6b0 ~ _ .,_.._-. ._~~.,4 .. S~'bsz l~? SiS-~1 -. _. ` ... - .. a -t -- ~.. - - .~.-... _ _ r ~~..,.~~, e~...,.~~ ,,...., :~: a..n~~,e,a.e..:,: /6 FACTUAL DIAGRAM -------...-.z~ :< 1 ~-4~ I :,60o I szbsz ~ I~zysls-~i • fA~;TUAL DIAGRAM ~,. ...12ZyS/S-~I - 1 OF 4 NAgRATIVEBUPPLEMENTAL ~ ~ ~ w~ . ............... . i~l ,....... .~...~ .... 14 1 - ~f7\H RATIVE/SUPPLEMENTAL ~fl ..~~~n~• ~.. «..»... ~.»... . i.~I ~ .,.... •... r U F 4 a~11RATIVE/SVPPIEMENTAL ~ ~ ,,,,,,,,, r... ~~~.. nmm . Irl w w'.«. y. Vi' N~RN~TIV FISl1W LEMENT~L I,r~ • • n I r~ w ~.v .. ..wo.nmm _ _ ~ . . . ~.. .Irl w...... n....w .... .. 1324515-11 .w..... . . ..~».... ....w..~...w.,.... ..w....... ~. 4 • .~ Hsr~ 7YwM CNkouo To Your SoNry Sheriff's Department News Release c... #l1ZAlSis-n ~ 0 b. b1 JSt Norm AnowlwM Ares Sm Nnwbno, G at.w 171AI Dt7~7P71 CRIHE OR INCIDENT /'g~C'w\ ~\ ret4^re Lo11 isi on DATE/TIME OCCUlRRE/~D r\~v '~.Al~ \~Q.S o~ \'\y0 ~a.Ars. LOCATION Ewt\ .YVa.~v.e~rt~ O{~ ~ws al~wt.y ~ln..e l.n C~4 m...., .~CA VICTIM #I'~ow.o~~~.~ ~r'faa~AGE~CITT~~sr~w.urn~. C.4. #2 AGE_CITY SUSPECT #I ACE ADDRESS ~.~ #2 ACE_ADDRESS f~ SUSPECT VEHICLE: COLOR HARE MODEL LIC WEAPON NARRATIVE: V'~a~'.... Or}a~> 41Af aYiV~Y~' \~1s heroa~t3 s...t11 oh Eo.ot Ava..~a`., o..,i ws \, a_ owal•a~ 'f1~a rwllro4b ~rwo~t, Go~\;aa6 v',~h a~ 2e,,~~Own~ Sovt l7 am r_a',Q~~ tY+a:.Y~ ~~.a V'1C~'Ir,S .~o.s ,o YOMOInYIea~ aas~ q~ ~\.t ScaMa. H'~S ve~,'1 ~`e. ~aw3 Si.oeraa '~Y, ~,e.\$. ~lra- wt+'t vlo e`\, tr ~Ihj~r~W er o~1+af PREPARED 6Y uawwol 23 • .~ STnII. UI t V ^IIRVI1. l!)LAT} Ur I ha+e reed the !\rtegowg t ERlhl(:ATIOV and knox m wn:em. ® CHECK APPLICABLE PA RAG R:IPH • ^ I .:m a part. to thts action, The maters uated m :he fi+regoin¢ documen: arc vac of nt. oxn kr,ex,,.1ee c+:er' ~, thoac matters xhich are stated on in iormauun and beheL and as to thaw matter I bei:e.e ;kem In '_ tr to ^ I ant ^ an O(Gccr ^ a panncr . ps ,!f a parq to :^.~.+.m::on. and am vthurred to r,.ake th:.+r.:fcanon L+• and or :h Fehaii, anC I ^.:kc "^ . ., .., g,r ., ~. reason ^ I as u,iormed ..nd behew and on :hat prnwtd allege :h.n th< mercy noted :, ';:e Pu rig ~~^c •~ . . trae, ^ The matters stated in Ih< (or:gomg documrnt are true ^I m. uxn ltnow ledge exrep: a, t.; :time me;:e.~:. ,.,~ _ stated on information and bebcf, and as to those marters I believe them ;o be vac. ^ I am one of the attorneys far .-._._._____ - -__._ _ - _ __ _. _ _ a parry to this action. Such party is absent from the county' o(aforsatd where such attorneys have thnr oifccs. sod I me'ae this sen Gcatton for and on behalf of that park ;'or :hat reason. I am informed and believe and on :hat grounJ allege lh.rt the matters slated in the foregoing document are true Etecutcd on _._-_-__--, ly__ ., at_.__..._... - _ ._ _ ._._ . __ _ Caldnva I declare under penahy of penury under the laxs of the State of Cah6trma that the (oregemg s true and Torre:;, Tspe nr Prmt \ame ~-~-~-~- _-'-' l:gnr.a:c ACK?'OU'LEUG?IE\'T OF RECEIPT OF DOCL?1EVT Wther than summons and complaiml Recen ed copy of do vmenl descnbed as T+p< or Print \nme i,gna:arc PROOF OF SEft1'ICE STATE OF CALIPOR]'IA, COC\T}' OF LOS ANGELES I am cmplo;ed in the county oL. L4_S ~3119_e lES-_ __- ._ .. . 5'...e n. C.. hair a I am o+cr :he age u( I8 and not a party to the xrthin actmn: my business address ~s .. . 571,0 E, Pacific Coast Highwag, Suite 286, Long Beach, CA 90803 On .~lul.K_1.4 _..19_fl$ 1 set: ed the (oregama document dacnbed us ___ - - - --~ ---- --ol U-l f1p-pAY Ci ATA' '.OT i('F - ~ ___ _ - - ~- _- - on all interested parties ,n ;his ac;i.ui by plaune a :rue cops therco( enclosed m a <e:ded emdope !ddrascd a. „a x. MS. BEVERLY AL'THELET CITY CLERK P O BOX 807 RANCHO CUCAMONGA CA 91701 ® i8} V1111 : I ,m,ed +uch rn:cln pe xrth pm:age thereon lath prepaid ;~! i+e ? Fwd .r ^c l ?PVd < at__~4L.2 ea_c;1 ('ahi,:rma ~ ... ,.:.a+ ~ , ^ h+ccu:cd on .July 24 ly 85, ,,; Lang Bach 1,t~,,,!,,..,,,; iN}' PF.RSU\4L SLR1l(F.t I caa+eJ such. enaelope to he oein Bred by hand to .he olfi.es +I the edd rec.ee Ftcculed nn 19 at ('a',ib~:- : © iSiatel I dcalare under penalty tit penurs under the laxs nl the State al Caularnia that the anme s rue .u;.l ;, ~. . ^ If edcodi I dclare that I am emplosed m the Ullice of a ment her o(;he bar nl this .au rt of uh~ m d'r<.wtn the •or+me , : mach Lyra L. Roemer i?pe m Pram \ame 2N , 'v ~'- ~ o-,e~utar: • • ]i~~THOD~S D. WEAVER, • A Professional Law Corporation 2 600 W. Santa Ana Boulevard, !Suite 720 3, Santa Ana, CA 92701 '! (714)550-7878 4 ' • j',„Attorney for Claimant 6 a 9 10'.' 'I 11 JAMES M. GARCIA and ''DUSTIN A. GARCIA, ] 2 '! 'I claimants, 13' i'! vs . ]41~, i'CITY OF RANCHO CUCAMONGA; 151, COUNTY OF SAN BERNARDINO; ~' STATE OF CALIFORNIA; 10",CALIFORNIA DEPARTMENT OF 'TRANSPORTATION li "c^ y r ~ " ~~ CITY OF RANCHO CUCAA90NGA ADNIN;ST R; 710N JUL 31'985 7~]8]9(YI(ll(12i1(2~3~4~5~6 NOTICE OF CLAIM (Govt. Code, §910) iS T0: CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE ]~J I~~.. OF CALIFORNIA and CALIFORNIA DEPARTMENT OF TRANSPORTATION: 20 YOU ARE HEREBY NOTIFIED that JAMES M. GARCIA and DUSTIN A. ~. 2]''i GARCIA, claim damages from you in the amount computed as of the 22I~date of presentation of this claim, of $100,000.00, for each 23` said claimant. 2]' 1. The present address of claimants is 6281 ICinlock, 2~~~Rancho Cucamonga, California. 2G,! 2. Claimants desire notice of this claim to be sent to 271,'THOMAS D. WEAVER, A Professional Law Corporation, 600 W. Santa ~i 28~!Ana Boulevard, Suite 720, Santa Ana, CA 92701. I ~s 1 1~ 3. On or about May 26, 1985, cla is sr.ts o:a re ir,:ol•:ed ir, an 2! automobile accident which occurred on State Route 30 (Highland • 3 ~'~. Avenue), at the intersection with~Etiwanda Avenue, in the City ~ 4'of Rancho Cucamonga, California. j v' 4. Said intersection was in a dangerous condition, in that,'~I 6 ~'~. among other things, the placement of a stop sign for south-bound 8 9! 10 Etiwanda is too far back from said intersection to allow drivers to properly assess the width of Route 30, or properly assess the condition and speeds of traffic on Route 30. 5. Claimants were passengers in an automobile traveling ll!'west-bound on Highland Avenue, approaching the intersection with 12;'Etiwanda. As a result of the dangerous condition as aforesaid, ~I, ! 13' another vehicle entered the intersection from south-bound 141~~E[iwanda directly into the path of claimants' vehicle, causing 1~'the collision and injuries to claimants. 1G !, 6. The injuries which resulted were as follows: As to li~claimant, JNiEE M. GARC IA - broken finger, insured foot, multiple 18. lacerations to his face, shoulder and legs; As to claimant, 19,~DUST IN A. GARCIA - broken finger, injured foot and elbow, neck 20~~injury, multiple lacerations to his shoulder and legs. 21111 7. The names of the state officers, servants or employees 22icausing the damage or injuries are unknown at the present. ~ 231. 8. Names and telephone numbers of witnesses: Michael 2;~, David Shoustal, 1714)980-8608; William Conger, (714)899-1673; 25' Jeannie Conger, (714)899-1673. 2G /// 27I~ /// 28~ /// 26 z. • li 9. Naves and addresses of doctors~:w spitais: 2i AS TO CLAIMANT, JAMES Id. GARCIA: 3'. A. SAN ANTONIO HOSPITAL, P O Box 5001, Upland, Q', ~' CA 91786-0016; 5~'~, ~', E. Lionel B. Ratchem, M.D., 653 East "E" Street, g Suite 107, Ontario, CA 91764; 7' C. Michael J. Liskanich, D.O., 703 E. "E" Street, $ Ontario,"CA 91764; 9 D. Paul Rohrer, M.D., 1246 E. Arrow Highway, Upland, loll CA 91786. 11~' AS TO CLAIMANT DUSTIN A. GARCIA: 12 A. SAN ANTONIO HOSPITAL, P O Box 5001, Upland, ii 13'~j CA 91786-0016; 141JII' B. Lionel B. Ratchem, M.D., 653 East "E" Street, l~ 1J~i Suite 107, Ontario, CA 91764; I I 16i', C. Michael J. Liskanich, D.O., 703 E. "E" Street, lil~l Ontario, CA 91764; 18~i D. Steven B. Schnall, M.D., 123C E. Arrow Highway, 19~~ Upland, CA 91786. i 20',~ :he amount claimed, as of the date of presentation of this I' 2lllclaim, is computed as follows: 22~A5 TO CLAIMANT, JAMES M. GARCIA: 23~Special Damages: S Unknown 2Q'',General Damages; $100,000.00 25~! /// 26 ~ /// 2711 /// 28 /// 27 3. 1 ;AS TO CLAI+lANT, DUSTIN A. GARCIA: I 2 Special Damages: 3' General Damages: 4 I' $ Unknown $100,000.00 ii 5~~~ TOTAL AMOUNT CLAIMED AS OF THE 6I DATE OF PRESENTATION OF THIS CLAIM: $200,000.00 i I g DATED: July 29,,1985.- 9 , to ]l 12 131 it 14 ]5, ]s~~ till 181I'I 19 ~, ~~ 22 ~~, ~~ 23 24I! 25 26 '. 27 28 ,~, F 4. THOMAS D. WEAVER, A Professional Law Corporation THOMAS D. WEAVER, Attorney for Claimant I i • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 26 27 28 +ERIFIC+TIO\ 81 P+RTt''AAA. '.01!!C C Pr ST+TE OF CALIFOR\i+ COL•it OF I um in rhr aDU.r rnnrlyd amw or yrorrNmF. / Aarr rwd !Ar and know rAr ronrmu rhrrc J aN / rrrn/y rAer dr remr it e.w o/my o.n knodrdlr. urrpr m ro IAmr martin wbrA an tAnnn nand u/wrr my mformouw or DrGr/, oW w m lAwr martrn / Arlfr~e u ro Dr rrw / drc/arr. undrr pnalry o/pr lvp~, rAar rhr /orgrnrF u rnr aM cwnrr E.rn,rrd on m ,_ __ Ca(:Jomm PROOF OF SERVICE 0Y MAIL (IOI Jr. 3011) C. C. PJ STATE OF CALIFORNIA. COUNTY OF GRANGE /ddrn,"u drnr of rAr cowry a/onra,d. I am orrr rkr yr o/rYArnn ymn ord nor a prry ro rAr wrrAm rnndN anion. my Durmru 600 W. Santa Ana Boulevard, Suite 720, Santa Ana, CA 92701 On ~'~lY ,/P BS /umN thr adm IvnT T!'F nF TNTFNT (C:n,rr (`nr3<r~91 n1 on rAr interested parsley m mrd omm~. Dy plaaq uw copy rArna/rndmNu a rrdN mwlaM ^rApnyr rAenon /ally Ircpad. m rhr G'neN Smrn mud a, Santa Ana, CA addrcuN u /al/orr City Clerk, CITY OF RANCHO CUCAh10NGA, P b Box 807, Rancho Cucamonga, CA 91730 Board of Supervisors, COUNTY OF SAN BERNARDINO, 385 North Arrowhead Blvd., Sth Floor, San Bernardino, CA 92415-G: STi+TE OF CALIFORNIA/CALIFORNIA DEPARTI.IENT OF TRANSPGRTATIG :, c/o State Board of Control, 926 "S" Street, Suite 300, Sacramento, CA 95814 / drdan wda pndrY of pT'rY, char dr JoMw~y u true aN eorrcn e,rrvrN aA July. J ~' 1985 ,r Santa Ana , cde/omra i Sul ~ Tponl etc osv ' { Sgman %-> DIANE CLAPP ` n.mv nc n • w•r vn nr•n , rrnvr , STAFF REPORT w~ ~ 9 r~j,'~., =d~~~ GATE: August 7, 1985 - I c- 6, T0: City Council and City Manager - 'S 19'- FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bonds and Notice of Completion C.U.P. 80-02 - located on Foothill Blvd. at Lion Street (Music Plus Plaza) DEVELOPER: Keller Construction Co. Inc. P.0. Box 4070 EI Monte, California 91134 Release: • Faithful Performance Bond (Road) 555,000.00 L ahoy and Materials Bond (Road) $27,500.00 The road improvement for C.U.P. 80-02 have been completed in accordance with the approved plans and it is recommended that Council accept said improvements, authorize the City Engineer to file a Notice of Completion, and authorize the Finance Department to release the Faithful Performance Bond and the Labor and Materials Bond. Tract 10045-1 - located on Hidden Farm Road at Haven Avenue DEVELOPER: Hing Y. Watt 13 Hemlock Hill Road Amherst, N.H. 03031 Release Faithful Performance Bond 596,800.00 The street improvements for Tract 10045-1 have been completed in an acceptable manner and it is recommended that Council accept the one year maintenance bond, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Bond in the amount of 596,800.00. continued... 3~ City Council Staff Report Re: Bond Releases August 7, 1985 Page 2 Parcel Map 6962 - located at Vicara and Jasper DEVELOPER: William J. Roth c/o Larry Key 12601 Jalepeno Avenue Chino, California 91701 Release: faithful Performance Bond (Street) 516,000.00 The reguired improvements for Parcel Map 6962 have been completed in an acceptable manner and it is recommended that Council accept said improvements, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the above mentioned bonds. Respectfully submisted, ~;:~ n/ ~ `~ LBH:bc r 3/ RELOR DING AEpU ESTED BY CSTY OF RAHLNO GCA!iONGA P. 0. Sox 807 Aancho Cuc amonva, Cal ifnrnia 91730 NMEN AEfOP.0E0 MAIL i0: CITY CLERK CITY OF RAN[NO LULAMONGA P. 0. Sox 807 Rancho Cucamonga, California 91730 NOTt LE OF COMPLETION NOTICE !S HEAEBY GIVEN TNAT: 1. The undersigned is an owner of an interest or estate in the hereinafter Cescribed real Drope•ty, the na tare pf which interest pr estate is: CUP BO-02 2. The full name and atldre ss Df (he undersi gneC owner is: CITY OF RAN LMO CUCAMONGA, 9720-C 9ase Line AoaC, v, O. Sox BO], ganchp cuc among a. Cal ifpr~ia 91730. • 3. On the ]th day of Auovst, 1985, tne'e was completed on the hereinafter describetl red! property the work of improvement zet for(h in 25e contract documents fpv CL'P 90-02 4, the name pf [he original con[rac for for the work of improvement as a whole was: Keller Construction Co., lnc, 5. The real property referred to herean is situated in the City of Rancho Cvc amonga, County of San Bernardino, Lal if9rnia, antl fs des cr lbed as follows: Foothill Blvd. at Lion $ttee[ (Music Plus Plaza; L:TY Of RANCHO CU[AMONGA, a municipal cproora[i an, Owner l n~3. Hubbs, City Eng,re=• 3i RESOLUTION 40. €A8-67-93R- P ' ` ~ 3 3 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRLIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 80-02 AND AUTHORIZING THE FILING OF q NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 80-02 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to 6e filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of August, 1985. AYES: NOES: ABSENT: • on i e s, Mayor ATTEST: Beverly A. Authe et, ity"'~TerT I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, ad,iourned) meeting of said City Council held on the 7th day of August, 1985. Executed this 7th day of August, 1985 at Rancho Cucamonga, California. Bever y A. Authe et, tty er 33 RECO0.0IYG REQVESIEO 9Y CITY OF AANCNO C'JCAMONGA P. 0. Box 807 A ancho Cucamonga, Cal if or nta 91730 WHEN RECOROEO MAIL T0: CITY CLERK CITY OF RANCHO r'JCAMONGp P. 0. 9pz 907 Rancho Cucamonga, California 91730 NOTICE OF LOHPL ETION NOTICE IS HERE9Y GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate 15: TRACT N0. 10045-1 2. The full name antl address o£ the undersigned owner ts: CITY OF AANLHO CV[AMONGp, 9320-C Base line Road, P. 0. Box 807, RancM1p Cucamonga, California 9:730, • 3. On the 7th day of August, 1985, [here was cpmo feted on the hereinafter described real property the cork of improvement sec forth in [he contract documents for: TA pGT N0, 10045-1 a The name of the original contractor for the sort of imorovemen[ as d Thole was: Hl ng Y. Nat[ 5. The real property referred m herein is situated in the Clty of Rancho Cucampng a, County of San Bernardino, California, and is Eescri bed as follows: Hidden Farm Ao ad at Naven Avenue CITY OF RANCHO CVCAMONGp, a muO SC tpol tprDaratiDn, Owner a~ [e -~ spy Ho s, ~Cy :ng, neer :. 3 t1 RESOLUTION N0. F~8-9i-64R S~ "d3y • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RCCEP TiNG THE P'J BL IC IMPROVEMENTS FOR TRACT N0. 10045-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract No. 10045-1 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Cemplet ion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of August, 1985. AYES: NOES: ABSENT: • on ,Mike s, Mayor ATTEST: 8everty A. Authe et, City C er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 7th day of August, 1985. Executed this 7th day of August, 1985 at Rancho Cucamonga, California. + ~ every ut a et, ity er 3 ~~ RECOR9IYG REQUESTED BY: CITY OF RANCHO LUCAMONGA P. 0. Box 80] Rancho Cucamonga, California 91770 WHEN RECORDED MAIL TO CITY CLERK CITY OF RAYCHO LUCAMONGA P. 0. Box P07 Rancho Cucamonga, California 91730 NOTICE 0` LOMPL ETON NOTICE IS HERESY GIVEN ixAT: 1. The undersigned is an owner p` an inte•est or estate in the hereinafter described •eal property, the nature of wM1 i<h rote re it or estate is: Parcel wap fi962 2. The full name and address of the un dersigned owner is: CITY Of RAYLMO LULAMDNGA, 9320-L 9ase Line Ra ad, P, 0. 90. 801, Rancho Cucamonga, • California 91730. 3 On the 7th d f A 1 5 . hereinafter described real ay o ugust, 98 , property Ue work pf there was improv=went comet eted on the set `o rth in the con [r act Aoamencs for: P arrol Mao 5962 a. the name of the original contractor for the work of imvrovement as a whale was: Nilliam J. Roth 5, the real property re/erred to herein is situated in the Lily of poncho Cucamonga, County of San Bern arAino, California, and is described as follows: ViC dfd dnd JdS per CITY OF AANLHO NCAMONGA, a munin pal corporaH On, Owner L ~o~os; ity~~ng, near • 3ro ~~~~ RESOLUTION NO. F,1]8.W-B5ft' $~ - ~ 3' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PRRCEL MAP 6962 ANO AUTHORIZING THE F[L ING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 6962 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and RDOPTED this 7th day of August, 1985. AYES: NOES: • ABSENT: on D. Mikels, Mayor ATTEST: Beverly A. Authe et, ity er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 7th day of August, 1985. Executed this 7th day of Rugust, 1985 at Rancho Cucamonga, California. every Aut a et, ty er 37 • STAFF REPORT ~~ DATE: Rugust 7, 1985 T0: City Council and City Manager FROM: Lloyd B. Nubbs, City Engineer BY: Barbara Krall, Resistant Civil Engineer L~i.nntr~,~ ~~~9 ~' ~ <~ ~ ~~ 19'' I SUBJECT: Approval of Real Property Improvement Contract and lien Agreement submitted by Eric and Denise Dumont for property located at 12720 Amber Lane Mr, and Mrs. Dumont, owners of the property located at 12720 Pmber Lane, have applied for a building permit to construct a single family dwelling. The property does not front upon a public street. Access to the lot is provided from Etiwanda Avenue through private easements by the adjacent property owners. As a prere qu is to to issuance of a building permit for landlocked parcels as established by City Council Resolution No. 80-38, an irrevocable offer of dedication on their portion of the access for street purposes and a lien agreement for future improvements of the street are required. Eric and Denise Dumont have executed a document far offer of dedication for that portion of Pmber Lane and entered into a lien agreement to provide required street improvements at some future date to be determined 6y the City, RECOMMENOFTION It is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the lien agreement on behalf of the City. Respectfully su hpitted, ? / ~/ /// ~~ LBH BK:jaa Attachments .? d ,~, Q , . , . ,. W . , ...: s AVENUE-v ,• L-' ~1 r n .. ~V ~ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION PROJECT:!Z?zo amber Lane TITLE: v;c; A;cy trap EXHIBIT; "A" 3~/ RECORDING REQUESTED eY and NHEX RECORDED MAIL T0: CITY CLERK CITY OP NRNLHO CUCAMONGA P. D. Box 907 RANCHO CUCAMONGA, CAL IFJRNIA 91730 REAL PROPERTY tMPRO VEME NT CONTRACT ANO LIEN AGREEMENT THIS AGREEMENT, made and entered into this Cay of 1995, by and between Eric and Denise Dumont (hereinafter referred So as "Developer"), and the [1TY OF RANCHO CULAMDNGA, CALIFORNIA, a municipal cc roar anon (hereinafter referred to as "City"), prpvitles as follow: ANEREAS, as a general condition precedent to the issaance of a building permit far 72]20 Amber Lane development • fhe rity repui res the construction of missing off-si [e street improvements including asphalt pavement, curb, gutter, sideway[ and appur[en ant work a djacent to the property to be developed; and NNER EAS, the Developer desires to postpone construction pf such improvements until a lacer date, as determined by the City; and NNER EAS, the Ll ty is agreeable to such po s[ponemen[ provided that [he Developer enters iota this Agroement reg airing the Developer to construct said inoro vements, at no evpense to trye lily, after demand to Co so Sy the r;ty, which said 4grPOm ent sha!1 also prpvi de that the Liry may construct said imprpv ^. nen is if the Developer fails or neglects tp eo so and that the Uty shall have a lien upon the real property hereinafter described as security for the Develooe is pe rTOrmance, and any repayment due 1 ~ CitY. NOR, TMEAEFOAE, iNE PRAT IES AGREE: I l ~"~ yo 7. The Developer hereby agrees that they sill install • off-site street improvements including asphalt pavement, curb, gutter, Sidewalk and aDpu~t enant work in accordance and cOmDli dote with atl apOlicahle ordinances resolutions, rules and regulations of the Lity in effect at the tine of the installation. Said improvements shall De installed upon and along Amber Lane, not to exceed the centerline o1 said street or beyond the frontage of the subject property except as required to provide for adequate drainage and tr afffc transition per City Standards, 2. The installation of Said imDr ovements ih a'.1 Oe completed no lacer than one (1j year /ollowing written notice to the DeVelODer from the C1Cy to CDmm enC2 fnStdllatlon of the same. Installation o/ Said improvements Shall be at no expense to Me City. 3. In the event the Developer shalt fall or refuse to • comDle[e Me installation of said imprOVem en is to a timely manner, City may at any time thereafter, upon giving the De veloDer written natfce of its intention to do so, enter upon the prpp2rty her2inaf ter de5f tined dnd e0mpletE slid improvements and recover all casts of completion incurred by the City from the Dave toper. 4. TO Secure the Derf ormance 6y the Developer of the terms and cpndifi ans of this Agreement and to secure Cne repayment to City of any funds which may he expended by Ci[y in corplet ing said improvements upon def autt by [ne Developer hereunder, roe Oeve toper does by these presents grant, bargain, sell and convey to the Lity, in trust, the following described real property situated in the City of AanchO Cucamonga, County of San Bernardino, State o/ Cal ifarnia, to-wit: That portion Of too South one-half Of hots 9 and 1D, Block C, • Eti Wanda Colony Lands, in the County of San Bernardino, State of Clifornia, ai per map recorded in Book 2 0/ Maps, Page 24, in the of HCe of the Lounty Recrder of said County, described as fO110w5: 2 I~r- y~ ti • 3eginning at a point North B9 degrees 20 rinutes 3d seconds 'west 94].05 feel from the Northeast corner of Ue Spulh one -h atf pf said Lot 9; thence continuing North 89 degrees 20 minutes 04 seconds West 334.33 feet on the Nortn tine of the South one-half 4t said lots to the Northwest corner they epf; thence South 0 degrees OB minutes 18 seconds Hest 331.23 feet on the Nest line of said Lot 10 [o [he South line thereof; thence South B9 degrees 21 minutes 49 seconds East 331.29 feet on saitl South line [o a paint North B9 degrees 2l minutes 49 seconds west 9d9.42 fee[ from the Southeast corner of said Lot 9; thence North 0 degrees 39 minutes 56 seconds East 331.10 feet to the point o/ beginning, 5. This conveyance is 1n trust far the purposes described above. 6. Now, therefore, if the Developer shall faith/ally pprf prm all of the acts and things to be done under this Agreement, then this conveyance shalt be vo5d, other rise, it sh ail remain in full torte and e/f e<t and in all respects shall be considered and treated as a mortgage on [he real property and the rights and obligations of the parties with respect thereto shall be governed Ey the pr ovf sf ans of the Civfl Code of the • State of California, and any other appiicaDie statute, pertaining to mortgages on real property. 7. This Agreement shalt be trindino upon and shall Inure to the benefit oT the heirs, executors, administrators, successors and assigns of each pf the parties hereto. 8. io the extent required to give effect of this Agr ee men[ as a mortgage, the term "Developer" shall be "mortgagor" and the City shall be [he "mortgagee" as those terms are used in [he the Liv11 Code of the State o/ California and any other it atuie pertaining to mortgages on real orop_rty. 9. If legal action is commenced to enforce any of the Orpvi sions of this Agreement, to recover any sum which the City Is entitled to recover from the Developer hereunAer or to forec lose the mortgage created hereby, then the prev atling party shall be entitled to recover its costs and such reasonable attorneys fees as shall be ararded by the Court. J (~.~~~ d s IN 'NITNE SS NHEREOF, the park es hereto have eaecu!eA this Agreement pn the tlay and year firs[ above written. CITY DEVELOPER CITY Of AANCHO CUCAMONOA, " CALIFORNIA, a municipal L~~. ~ _ corppration t y-~- aon ike s - ~ - Nayor ATTEST every A. Au[he et City Clerk ~eee.~.~.~a..r.u........,r.....««....r...... «.......~~....~.. STATE OF CALIFORNIA ) zs COUNTY OF $AY DEA NA0.0iN0) On .i Its.. I~ ,19~`~_,bef ore me the under s+pne Yo Cary u c, oerspna y appeared N K LS and DEV ERLY A. AUTNELET personalty known to me to be the Mayor • and Cfty Clerk, respectively, pf the CITY OF AANLNO [U[AMONGA, C ALIFORNiA, a municipal corporation, and known tp me to be the persons eqo eaecuted the eithin instrument pn Deha if of saf0 municipal coroor anon, and acknowledged to me that such municipal corppration executed it. NITNE55 MY NANO ANO OFFICIAL SEAL. STATE OF CAL IFOq NIA ) ) SS COUNTY OF SAN BE0.NAR OINO) Np tary Ign azure On this the 11 p.. day, of .J~.,i~l "r c_S Def pre me, the un ersiNne Notary u Ic ,persona y app epre per5p nd y nOMn [p me ~ ~ ) proved to a on the basis of satisfactory evidence io De the person(s) whose name(s) ,'I}tr ._ suoscr toed tp ene within instrument and ackn pwleged that ?2-.,, evecu tad it. NITSESS MY NAND ANU Off ICIAL SEAL. ~,~ ,c , . Notary Igna ore qq %~ r s, NOTE: NNEN OOCUNE NT IS EKELUTEO B7 A LOgPOA NT ION OA P~0.TNE0.SHIP, THE ADOYE ~CKNOMLEDGENENT IS NOT ~CLE PTIIBLE. ~ LO0.POAl1iI0N/P0.AFNT~SN ITTIE~6GLEDGENENT IS AEQU IAED. A I~7~~ Y ~ RESOLUTION N0. {98~8~7=9PR- 8 6. 3 3 4 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC ANO DENISE DUMONT AND AUTHOR RING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on Fehru ary 21, 1979, to establish requirements for construction of public improvements in conjunction with building permit issuance; and WHEREAS, installation of curb, gutter, sidewalk and pavement established as prerequisite to issuance of building permit for 12120 Amber Lane has been met by entry into a Real Property Improvement Contract and Lien Agreement by Eric and Denise Dumont. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 7th day of August, 1985. AYES: NOES: ABSENT: on a s, ayor ATTEST: Bever y A. Authele t, City Clerk I, BEVERLY A. AUTHELET, C[TY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 7th day of August, 1985. y5' • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 7, 1965 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Linda Beek, Engineering Technician c ~~, it P F h 19 i1 SUBJECT: Approval of Improvement agreement and Improvement Security and Real Property Improvement Contract and Lien Agreement for D. R. 85-02 located on the northwest corner of Foothill Blvd, and Hellman Ave. submitted 6y The Pep Boys Manny, Moe and Jack of California Development Review 85-02 was approved by the Planning Commission on March 25, 1985, in the General Commercial Development District located on the northwest corner of Foothill Boulevard and Hellman Avenue. The Developer, The Pep Boys Manny, Moe and Jack of California, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond; E24,850.00 Labor and Material Bend: E12,450.00 The Developer is also submitting a Real Property Improvement Contract and Lien Agreement for the missing off-site improvements including one-half landscaped median island on Foothill Boulevard. A setter of approval has been received from Cucamonga County Water District. RECOMMENDATION It is recommended that the City Council accepting said agreements and security and Clerk to sign said agreements. Respe6t/full bmitt~d~ v'~~/ LU LBH:L .'aa attachments adapt the attached resolutions authorizing the Mayor and City ys CITY OF RA NCND CUCAMDN6A IMPROVEMENT AGREEMENT FOR D.0., RS-02 KNDN ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance wiM the provisions of the Municipal Lode and Regul a[i ons of the Lity of Rancho Cucamonga, State of California, a municipal cprpo ration, hereina/ter referr- ed to as the City, by and be Meen said City and PEP 9CY5 Y0N%Y HCE 6 JdCR ]F :AL :F^R>ta hlrein df ter referred SO as the-eve p THAT, NHEREAS, said Developer desir¢s to d¢velop certain real property In said City located on the northwest corner o4 Foothill Blvd. and Haven Avenue; and NHEREAS, said City has established certain repo irements to b! me[ by said Developer as prerequisite to granting of final apprpv al; and NHEREAS, Lhe execution of this a9reem ens and oo5[in9 of improvement security as hereinafter cited, and approved by fhe City Attorney, are deemed to be equty Alen[ to prior complpt ion of safd requirements for the Dur pose of Securing said apprav dl. NON, THEREFORE, it 1s hereby agreed Dy and between fhe City and the Developer as follows: • 1. The Developer hereby agrees to construct at deV¢lOper's expEnsa dll imprDVemenCS des[rlbed On pd9e 4 IIer20f within 12 months from the date hereof. 2. This agreement shall be effective on the dace of the resolution of the Council of said City approving this agreement. This agreement shall be in def aptt on the day follow- ing the first anniversary date of said approval unless an erten- sfon of (ime has Oeen granted by said City as hereinafter provid- ed. 3. The Developer may request additional time In which to complete the provisions of this agreement, in writing not less than 30 Oays prior to the default Gate, and including a statement Of circumstances Df necessity for adtlitipnal time. In contidero- Linn Of such request, the f,ity Peter vet the fight Lp review the provisions ner¢ot, lnctuding constructf an standards, <p at estimate, and Su /f ici@n<y of the improvement security, and tp require addustments thereto when warranted by substantial changes therein. 4, I/ the Developer fails or negt ec is to coup ly with the provisions of (his agreement, the Cf ty shall nave the right at any tSme to cause said pr poi slant tv be completed by my law- /vl means, and ther eu ova to recover from said Develooer and/ar nit Surety the full cost and expense incurred in 5D doing, 5. Construction p¢rmi is sha77 be Db tamed by the Devel- oper from the office of the City Engineer prior to start of any work within [ho public righ [-of-way, and the developer shall conduct such work in full compliance with the regulations contained therein. Nqn-compliance may result in stopping D/ [he work by the Ctty, and assessment of the penalties provided. 6. Public rigor-pf .way Improvement work repui rod shall be constructed in conformance with approved improvement plant, Standard Specffic arsons, and Standard Drawings end any special amendments thereto. Constructfnn shall include any trantl bons yG (~~ and/pr other incidental work deea ed necessary for drainage or Dubuc 5af ety. Errors or cmmissions di5ceve retl daring construc- tion shall be corrected upon the direction pi the City Engineer. Revised work due tp said plan mod if is ations shall he covered by the provisions of this agreement and secured Sy the surety cover ing the original planned works. 7. York done within evistinq streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in Me event of un,{usH fled delay in completion, and to recover all cast and eapense incurred from the Developer and/or his contractor by any lawful means. B. The Developer zh all be responsible for replacement, relocations, or removal of any component pf any irrigatipn water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer snail be responsible for removal of all lopse rock and other debris from [he public right-oi-way. 10. The Developer shall plant and maintain parkway trees as directed by the Community DevelpOment Director. 11. The improvement security Sp be furnished ey the Developer [o quay an tee romplet~on of [he terms of this agreement shall be subject [o the aopr oval of the City Rttorne y. The prin- cipal amount of said improvement security shall not be less than the amount shown: • • ~~ S' ~ FAITHFUL PERFORMANCE Type: D•incioal q'nount: 524,950.00 Name and address of surety: safeno msv: ante company of ;w ^5]L 9rooktmrsc 54. FoUncav ne Va l ley, CA 93 ]GB MATERIAL AND LABOR Type: Print ipal Amount: 5:2,450.00 Name and address Of surety: safeco iasuranca Company of Ameuca 1'15]0 Brookhurac Sp , Fountain Valle}'. CA 93]09 CASH DEPOSIT MONUMENT ATION Type: Princ+pal Amount; N/A Name and address of surety: TO BE POSTED PgIOR TO ACCEPTANCE eY THE qT'I iN NITNESS HEREOF, the Darties hereto have caused these presents to be duly eaecuted and acknoeledge Yith all Pormali ties requf red by Tarr on the dates Set forth opPOSite th etr signatures. Ddto ,;,a ~, o~, :pP= by ~ •: t~'~ ~ r.-[: T'. .. 0 velpPer nd urg ~ ~¢]~r FEP 3rT5 YA}519 YOE 3 ApN OF :a L!rJHtiTr' rfntee Date by Oevelpper 9n ature Accepted: City of Rancho Cucamonga, California A Municipal Corporation Ry; Mayor Attest: Apprpved: Ity gttorney .,ran, ~~~°[+_[~~-°°~ [~TICOATITlEINSURAN[E n .,,rP„r...„~~ sT \fl OF r.\n7 nNNA #. ~ tyu~'lq P=, C ~` ,•., M1[U pn mMCngned. \oury Pual¢ in and for ~< ~ VY~t~7 } fA.d imG peromno'tppur<J . \ ~f \'{'~I [U <J m m. ntn< ban° u P 7 [ pennn wba <nam[d n' n:Jen[[ t0 4< fn< n( vurfa a ~M1e xan,n ,ngrvm<ni a:n[ P end< r mJ ~~[~.~e.a.~,~ n pen nalh Mow„ e u o ,o[ me ur tan Jm fo n< a[ f u i o n f t _, 41 ~a pFFICL,L ~p„1~ "" t l [ » , rt` <e Y 0 °nt P m~ »na [ 1<a m< ~ hm oarrmtm ss m< O ; ;.-tr:7. e R a 1.VHN[.0` e 5[[rn.rv ~d fl,[c,rwr+nxo ) , if?. ` i :: [:IViFt <;; rfr,~ + IM[ eatmM tM m,h,n Innrvmmf and ¢FnuvlnlMed .'. .' - a„ , , A I I!; ~ efbr fud mrOnunnn ne[uud ~a<xnMn ,m rv. to m bY,lOwr luuun ul nt- ~n ' ~~~~"" r bath nl( ~ • 1'• +Ad af1, lA WIT\i5 myb , r~ ' : ` _Nll~1\'/ L • Il . $i/n rl ure y ITbn ue<IOr olfi[,Y neW,Y YYI CITY OF PAX[NO CUCAIpNW EXGI XEER IIIG DI VI SIOX • EXCROgCHMENt PERMIT FEE SCHEDULE Far Imorovemen t: North of Foo [hill 31vd. Nest at 9aven Avenue Date: u ; ~.pmpu := y: r ores r. Fi'.e Ae erence: .R. City pr a~.i ng No.~ NOTE: Does not fnc lode current ftt for Xrl ling perwit or pavewent deposits QUANTITY UN[T ITEM PRICE AMW!!i L.F, P.L.L. cure - 12" L.F. 24^ gutter 7.25 Z4~ L.F. P.L.L. curb - B" LF. 24" gutter 6.00 -'d5~b0- L.F. P.C.C, curb poly 5.50 L.F. A.C. bern 4.50 ZHZ~ S.F. 6" P.C,C. sideralk 1.75 TT9S~ ` ~ S.F, Ori v¢ approach 2.50 -T PLS~ S.F. 0" P.L.C, cross gutter (inc. curb) 3.40 C.Y. Street a+c ovation 7.50 L.7. Imparted embankment 1.50 E.F. Preparation of subgrade 0.15 S.F. Crushed egg, base (per inch thick) 0.03 TON A.C. (over :300 tans) 21.00 TON A.C, (900 tp 1300 tons) 35.00 TON A.C. (500 [0 900 tons) 45.00 - ~- TON R.C. (under 500 tons) 50.00 ~TT20:d0 S.F. A.C. U" CM Ck? 0.55 S.F. Pa [cn A,C. (trench) 1.75 - - -T€9~ E.f. l" thick A.L. overlay C~ 0.30 SbT. EA. Adjust serer manhole to grade 250.00 EA. Adjust serer clean out tp grade Ii0.00 _ EA. Adjust Hater valve to grade 75.00 ~- EA. Street lights 1000.00 L.F. Barricades (intersec. E500 min) L00 - L.F. 2 x 4" redraotl header 4 75 _ $.F. Removal of q,C. pav rnent O. JS L.F. Aempval pf P.C.L. carp 3.30 L.F, Rempuai pf A,C. bean 1.00 T E4. Street signs 200.00 ~bO"i'b- -- -~ EA. Aefl¢c [ors and posts 35.00 mod, Cb LF. Loncre to black call 25.00 S.F, Aetain ing rail 20.00 ___ TON Aggregate ease 7.00 C.Y. Cpnc re to structures 425.00 LF, le" ACP (2000 0) 29.00 L.F. 24" RLP (1500 D) J5.00 L.F. 36" RCP (2000 0) 49.00 L.f. 48" RLP (1200 01 76.00 T EA. Catch basin N = l0• 7000.00 T QOd"Cif Eq, CatcN basin 'N 8' 2900.00 EA. Catch basin N = 22' 4500.00 T EA. Local depression 4' 500.00 '~556,'70- EA. Lp cal depression l2' 1000.00 EA. 3uncti nn struc:ur¢ 5000.00 EA. Outlet strpch w, E[d !505 1500.00 __ EA. Outlet str uc tore, Etd •50] 500.00 EA. Gu arA posts 40.00 L.F. Gp and panel (read) 25.00 L.f, Earrot _ 2.00 ~- EA. He adrall (aB" ring) 4000.00 TT,6~TJ- L,F, Redrood ne ad¢r 1.75 __ S.F, Landscaping S irri9atipn 2.75 -` L.F. Aoll curb (P,r,C,) 7.50 ENGINEERING INSPECTION FEE E1 263,00 SUB TOTAL E22 559.6 •AESTORRitON/DEC INEAtION CASH EI',1<00;-OG- COri1INGEACY COSTS OEPOS(T (REFUNDABLE) FAITNF OL PEA FOAMANCE BOND (IOOt) do MONUMENTAi ION SUAETY (C RSM) N/A LABOR ANO MATEAIAL BONG (50E) Wursuant to Ctty of poncho Cucwonga Mun 1<Ipal Code, Title 1, CAapter 1.08, adopting E+n &rnardllro Canty Cade Titles, Chapters 1-5, a cash restorattan/del tneatian deposit shall he awde prior to IaaWnt! Of en EngiiMerliq Construction Penal[. ~~~ Revised 7/84 </9 ' soon ao. stvnta • _ creme,,,, . sno. as Execucea , mlrcece FIII THFUE pERFORMXNCE ROXO NNEREAS, the City Council of the City of Rancho Cucamonga, State of California, and -ne ee eo w - Hang .moe c sack or calr[ornia, mc. (hereinafter designated as 'pn nc pa " ave en tare into an agreement whereby principal agrees to install and complete certain designated public improvem enta, which said agreement, datetl 198 , and identified as pr ojec - +s ere y re erre to a~-made a part hereof; and, NNEREa3, said principal is repuired under [he terms of said agreement to fu rniah a bona for the faitMul pert ormance of said agreement. NON, THEREFORE, we [he principal and sa [<ro x~surance can an o[ A.ervca as surety, are held and firmly bpund unto t e +ty o ancno Cvc amonga (hereinafter called "Cf ty"), 1n the penal sum of twenty-FpVr Thousand Eight Hundred and Fifty and 00/100 Dollars (524,850.00) law nil money of the United States, for the payment of ehlch sum well and truly to be made, we bind our selves, our heirs, successors, executors and administrators, Jointly and severalty, firmly by these presents. The condition of Lois obligation is such that if the above bounden principal, his pr its heirs, evecu[o rs, admi nl itr ators, successors or assfgns, Shall in all things Stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions In the said agreement and any alteration thereof made as to erein provided, on nix or their part, tb be kept and performed at the tine and in the manner therein spa<if led, and in all respects according tp their true intent and meaning, and shall indemnify and save harmless [f ty, its off leers, agents and employees, as therein stipulated, then this obllgatfon shall Oecome null and void; otherwise, it shall be ana remain to full force and effect. As a part of she obligation secured hereby antl in addition to the face amount spec if led therefor, [here shall be included costs one reas unable expenses ana fees, (nc lud log re aspna bee attorney's fees, incurred by City (n successf oily enforcing such obligation, all to be taxed as colts and fnctuded in any Judgment rendered. the surety hereby stipulates ana agrees to at no change, eat enslon of time, alteration or addition to Me terms of the agreement ar to the work tp be per/ormed thereunder or the specl- tications accompanying Me same shall in anywise affect Its obligations on this band, and it does hereby waive notice of any such change, extension of time, alters Lion or addit5pn to the terms of the agreement or tp the work or to the specifications. I4 NIiNESS NN ERE OF, Lhis instrument has Seen duty exenrt ed by the Orin <ipol and sure [y dbove named, on 1931. r„+,. ,A :nF PEp AOY: - NA+ey 9F CALIF^p`1•A,~~V^,. "vAFF.CO :YRCPAYCE C^_MVAM' ^F dMERICP ev e\open p~/~urefy .~~ 1 ~gnature tto me y- n- act paerlc:a Y. nrebner RlE,1SE ~TT~CN POMER OF ~iTORNET TO ALL BONNS ( SI6N11iUREi MUST BE NOT~RIZEO S~ Bond tio. il])]:9 Ezecuced in Trip iica:e Premiw mclutled to charge [or Performance frond LABOR AMD MATERIALMEN Bono • NHEREAS, the City Council of [he City of gancho Cucamonga, $tdte of Cdlfforni d, dnd The Peo sous - Y i :be 6 .ack o[ Calt:o[nia Inc. (herefnaf ter designated as pr ncipaa" ave ente re Into an agreement whereby prin<ipai agrees to install and complete certain designated publf< improvements, which said agreement, dated , l98 , and identified as prp3ect s here y re erred to and matle a part hereof; and NHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the wp rk, to file a good and sufficient payment bond with the City of Aancho Cucamonga to secure the claims to which reference is made In Ti[1e 15 (commencing with Section 3082) of Part a Of Division 3 of the Civil Code of the State of California. NON, THEREFORE, said principal and the undersigned as a corporate surety, are ice id firmly bound unto [he C.f ty of gancho Cucamonga and al', contractors, subcontractors, laborers, Hater ial men and of her persons employed in the performance of the of ores did agreement and referred to in the aforesaid Cade of Civil Procedure in the sum of Twelve Thousand Four Hundred Fifty and 00/100 Dollars (f12,450.00), for materials furnished or labor thereon Of any kind, Or for am ~Unts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount h erelnabo ve set forth, and also in case suit is Drought upon this bond will pay 1n addition Lo the face amount thereof, casts and reasonable expenses and fees, in<tuding reasonable atiprne y's fees, Incurred by City in successfully enf arcing such obligation, to be awarded and fixed Oy the court, and to be taxe0 as costs • and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the Denef i[ of any and all persons, companies and corporations entitled to fife claims under title t5 (commencing with Section 3002) of Part 4 Of Divison 3 of Lhe Civil Code, sa as to give a riyht Of action Lo them ur .,,e it assigns in any snit brought upon this bond, Shputd the con d!ci0n of this bond be fully perf armed, then [MS oDliyat lpn shall became null and void, otherwise it shall be and remain In full force and effect, The surety hereby stipulates and agrees that no change, extension of time, alteration or addi[i on to the terms of said agreement or the specif is attans accompanying the same shall in any manner of lect its Obligations on this bond, anA it does here- by waive not(ce of any such change, extension, alteration ar addition. IN NITNESS NHER EOF, this instrument has been duly executed by the principal and surety above named, on ,.,,y„ ea LgB i TY.E PEP BOYE - SACK F CAL lF'^.FV:A ^iL SdFEC^. IYS E'nAYf.E CON.PASY ^F ANERICd eve Deer ure y ~~ }, r ~~ t :. ,( n r na ure /ri~ r<d~ '.te.~oreti 9 torney-tact ea tr ir:a x. ar<hner PLEASE ATTACH POKER OF NT70RNEY TO ALL BONDS SIOMATURES MU57 BE NOTApIZED • S/ RECORDING REOU ESTED BY: and YNEN RECORDED MAIL T0: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box GD] APNLHO LUCAMONGA, LALiFORNIR 91770 REAL PROPERTY iNPROYEMENT CONTRACT ANO L[EN AGREEMENT TNIS AGREEMENT, made and entered iota this day of 19 by and betwee0 The Pep Bove of Ca lL: ornfa Manny. Moe a Lcw (hereinafter referred to as "Developer'), and the CITY OF RANCHO CU[AMONGA, CALIFORNIA, a -uni ciDal corDOratf on (herel naR er referred to as 'City'), provides as follows: RNERE AS, as a general condition precedent to Me • issuance of a building permit for O.R. 85-02 development the City requires the constr vction of missing ott-site street im prnv emen is including 1/2 landscaped median island in Foothill Bivd. adl scent to the property to be developed; and NNEREAS, the Oevel oiler desires t0 postpone construction Of Stith 1mpf 0Vement5 vnI11 a ldter date, ds determined by the City; and YHEREAS, the City fs agreeable to such pas toonement provides that the Developer enters Into this Agreement re quiring the Developer io con itruc t. Said improvements, at n0 esDense to the Lity, after demand to do so Sy the City, which said Agr¢=rent shall also provide th a[ [he Lity may construct sdfd improvements if the Developer tai 75 Or neg7eCt5 t0 do so and that the City shall have a lien upon the real property hereinafter described as security /or the Developer's per Porm once, and spy repayment due City. l `-~ ~ S1 NDX, THE REFDRE, THE PARTIiS AGREE: • 1. The Developer hereby agrees that they wi it install off-site street improvements Inc tutling 1/2 lanesc aped median island in Fopthiii Blvd. in accordance and compliance with ail applicable ordinances resolutions, rules one regulations of the City in effect at the time of the installation. Said improvements shall be lost a7led voon and along Foothill Dlvd„ not to exceed the centerline pf said street or beyond the frontage of the subject prop er[y eacepl as required to provide for adequate drainage and traffic transition per City St aneards. 2. The installation of said improvements shall be completed no lacer than one (1) year following written notice to the Developer from the Lity to commence instal lot ion of the 5 ame, lns[allati on of said improvements shall be at no eapense to the City. • 3. In the event the Developer shall tail or refuse to complete the installation of said im proveme nls in a ti mety manner, City may at any Hme Mereaf ter, voon gl vfng the Developer written notice of fts Intention to do sp, enter upon the property hereinafter desc N bed and complete said improvements and recover a71 costs of completion incurred by the City from the Deve ioper. 4. To secure the performance oy the Deve toper of the terms and conditions of this Agreement and to secure the repayment to Lity of any funds which may be ecpend_d by City in completing said improvemen [s upon default by the Developer hereunder, the De ve toper does by these presents grant, bargain, sell and convey to the City, in trust, the following described real property sl to aced in the Lity of Rancho Luc amgnga, County of San Dernardino, State of California, to-wit; • 2 I~~+ S ~ Parcel 4 of Parcel Map 4210, in th_ City of Ra~:ho Cucamonga, as per plat recur ded in book 39 of Parcel Mpas, Pages 43 and 44, in the Office of the Recorder of the Lounty of San Bernardino, Stay o/ California. 5. This conveyance is in trust far the purposes described above. 6, Now, therefore, if the Deveioper shall faithfully Derf orm ail of the acts and things to be done under this Agreement, then this conveyance shall be void, otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall be governed by th¢ provisions of the Livil Code of the State of Lalifprni a, and any other applicable st atvte, pertaining • to mortgages pn real property 1. This Agreement shalt be binding uDOn and shall Inure to the benefit of [he heirs, eae cn ors, adm inistratprs, successors and assigns of each pt the parties hereto. 8. To the extent required to give effect pf this Agreement as a mortgage, the term 'Deveioper^ shall ire "mortgagor" and the City shall be the "mortgagee" az these terms are used in the the C1vi1 Code p1 the State of Call/ornia and any other statute pertaining to mortgages on real property. 9. If legal action Is commenceA to enforce any of the provisions of this Agreement, to recover any sum which the City 7s enti tied to recover frpm the Developer hereunder or to foreclose the mortgage created hereby, then the prevailing party shall be entitled to recover Its costs and such reasonable attprneys fees as ih all be awarded by the Lour[. sy {N NI TNESS 'dHEAEOF, the Darties hereto have executed this Agreement on the day and year /first ahpve written. CITY DEVELOPER CITY OF RANCHO CVLANONGq, CALIFORNIA, a municipal -- _ corporation ~ \ 1 ~ .i ~( By: ^er em's v w^E a .',\^.< ^F~?~~s:a don D. Mikels Nayor ATTEST Bever y A. Authe e[ City Clerk ~~w«~warc.+~1....~~~.....J awwala~•~w al•l,rw ~w~«u,....•.<.....• STATE OF CALIFORNIA ) ss COUN7Y Of SAN BERNAROINO) On ,19`,bef ore me • the pn ers gne Notary a ic, persona y appeared N K..LE and BEVERLY q. AUTNELET personally known to me to be the Nayor and City L1erk, respectively, of the LITY OF RANCHO L'JCANON GA, C AL tFORNIA, a municipal corporation, and known to me to he the Oersons who executed the within instrument on behalf of said municipal cor por ati0n, and ac knowiedged to me th a[ such muntcf pal corporation executed it. N RNESS MY NAND ANO OFFICIRL SEAL rvotary Signature STATE OF CgLi FORM A ) ) 55 COUNTY OF TAN RERNgR0IN0) On this the day, of before me, the u~rsigne Notary a Ic persona y apDe are °~'°"~:°°~°'°' JTICOR TITIE INSURANCE p,,,vumi I the I tir \II 11 F'r \I.I4 (IN\I\ g i ne ~-il?.y ,In f~~ _ n r rz nr amyn<d. , v`l u> Puth< in .m Por i Y l.fi."$t. ~'441~ } wm x,m. n<„ <dn ~rv<.ma o o pawn,lly knn •rA o n en[ u„n E_ ~! sa oiam n b< iM1e pennn wno w < t<d ~ ~ i e wn 6m nnru, rni o ln< ^ ' ' P nidermJ ~ v<rMau. x~,,.,, mm<vr Prnvrdm me yin fine nvo, el uunul,rty <warna mbe -~..Y..,,,d. R `]'. OFFI ~ iN IP • L m< perw+o.kn„ <armm in< wvsio nwrrvm<oi ~ m< ~ . C I ,;. if,1:. Y j a~ ~ iOHrs' ~ Frnnrv of m<corommon I ~ oH .. h \ ~. ~<., .. • ... _ ...n v 1 ' 1 < + ma <. ~~~<J ~e< „~nm nm~m<m ma ,dnowimxm ~r ~ i s mares roanrv r m,i rim n.moruvn r m<n m<.ah~~ ~m<m yy~_~ xr n ~,,, 4PP r i ~ I ~.~. \ wmcas mr mne .~n~~a {µ. I^ ~~j ~ ' ~~ " -I tt l ~~11 <ip~ll \\ f < .. $- Ilnn v«IP Off NneunJ wJ1 S ~- RESOLUTION N0. E66~9~-9tR 8> -?37 • A RESOLUTION OF THE CITY COUNCIL CF THE C'TY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW N0. 85-02 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on July 29, 1985, by The Pep Boys Manny, Moe and Jack of California as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northwest corner of Foothill Boulevard and Hellman Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Development Review No. 85-02; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said improvement Agreement. NOW, THEREFORE, BE IT kE SOL'JED 6y the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is • hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, RPPROVED, and ADOPTED this 1th day of August, 1985. AYES: NOES: ABSENT: on i e s, ayor ATTEST: ever y A. Authe et, ity ier • sG • RESOLUTION N0. ED8-87-BBft d's --23a' A RESO! UTION OF THE CITY COUNCIL OF THE CRY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THE PEP BOYS MANNY, MOE AND JACK OF CALIFORNIA FOR DEVELOPMENT REVIEW N0. 65-02 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Development Review No. 85-02, located on the northwest corner of Foothill Boulevard and Hellman Avenue submitted by The Pep Boys Manny, Mae and Jack of California was approved on March 25, 1985; and WHEREAS, Installation of missing off-site improvements including one- half landscaped median island in Foothill Bivd. established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement 6y The Pep Boys Manny, Moe and Jack of California. NOW, THEREFORE, BE Ii RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and gDOPTED this 7th day of August, 1985. AYES: NOES: ABSENT: on i e s, Mayor ATTEST: Beverly A. Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 7th day of August, 1985. S7 • • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 7, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cota, Associate Civil Engineer ,lp ~~MO'~c 'Y J i ~ T A F'i ~+ Z_ i~ ivr I SUBJECT: Approval of street frontage construction Lien Agreement between Leona Dana and the City of Rancho Cucamonga. The attached subject agreement between the City and Leona Dana provides for the widening and improvement of Base Line Road pursuant to Conditional Dse Permit No. 84-05. The property owner has agreed to reimburse the City the cost of constructing new curb, gutter and sidewalk and grant a Roadway Easement to allow for the full widening of said street. A copy of the Construction Estimate, Roadway Easement and Plan showing the noted improvements is attached. Said street improvements will be constructed in conjunction with the City's Capital Improvement project for the improvement of Base Line Road between Teak Way and Haven Avenue. RECOMMENDATION It is recommended that Council adopt the attached resolution approving the street Frontage Construction Lien Agreement between Leona Dana and the City of Rancho Cucamonga.4 Respectfully subNitte , ~,BH. RC! Attac ents s8 Recording Requested Hy• and When Recorded Return To: • City Clerk City of Rancho Cuca.:.onga P.O. Box 807 Rancho Cucamonca, California 91730 LIEN AGREE;~~NT This agreement is made and entered into this 19th day of July 1965, by and between the CITY OF RANCHO CLCAbfONGA, a municipal corporation (hereinafter referred to as "CITY") and HETTZ L£ONA DANNA, an unmarried woman (herein- after referred to as "DA:WA") for the installation of certain public improvements including, but not limited to, curbs, cutters and street improvements along a portion of Base Line Street in the City of Rancho Cucamonga. A. Recitals. (i) CZTY has prepared plans and specifications for, and presently contemplates the installation of, public improve- ments along Hase Line Street from. Teak Spay to Haven Avenue (the "Teak-Haven Project" sometimes hereinafter in this Agree- ment). (ii) DANNA owns that certain real property identified as San Bernardino County Assessor's Parcel No. 1077-051-40 located at approximately 300 feet east of the intersectior. of Base Li..^.e Street gad Turner Avenue, which procerty is within the lim„its of the Teak-Haven Project. (iii) DANNA has previously applied for, and has been granted conditional approval of, a project to be located upon -1- r9 the property owned by D'.S:.A described, above, pursuant to Conditional Use Pe mit No. C.G.P. 84-05. (iv) A condition precedent to DANi;A's e:ce rcise of said Conditional L'se Permit is the dedicatior. of certain property for street right-of-way and the installation of specified public improvements. (v) DA,L'NA desires to participate in the Teak-Haven Project so as to contribute her pro-rata portion of the total costs of the Teak-Haven Project related to street frontage improve- ments along DANNA's property on Base Line Street ("the Base Line Portion" hereinafter) and thereby discharge the condition precedent described in paragraph a. (iv), above. (vi) CITY is willing to include the Base Line Portion • within the Te aic-haven Project upon the terms and conditions hereinafter set forth. N04.7, THEREFORE, it is agreed by and between CITY and DANNA as follows: 1. CITY shall include the Base Line rortion as a part of the construction of the Teak-Haven Project and shall cause all necessary cublic improvements to be installed in accordance with CiTY's plans and speci`_icaticns therefor. CITY gad DA:B;A f... ther agree that the limits of construction, for cost accounting purposes, of the Base Line Portion shall include all of DA.WA's frontage along Base Line Stzeet at the -2- • GO property described in naragrap:^. :,. (ii), above, (est i.^..ated to be 330 feet). 2. DA.~i~A agrees to pay to CITY, ir. accordance with the terms of this Agreer.ent, CZT't's actual costs incurred in constructing the Base Line Portion. The parties hereto agree that the cost of said construe±ion is not to exceed 59,0_1_6.85. 3. DA.WiA agrees to remit to CITY on or before the 31st day of December, 1985, the sum of (ne tc "x85 constituting the cost of construction of the Base Line Portion. Zn lieu of paying said full principa] amount of not to exceed $9 0:6.85on the payment date set forth above, DA:iNA may pay said amount in five (5) annual installments of aoproximat ely • 51,90S..i' plus interest, or more, such installments to be due and payable on or before the 31st day of December during each calendar year cor,,,;:encing with the year 1985. The unpaid principal balance due and owing from DAWA to CITY shall bear interest at the rate of ten percent (108) per annum. Payments shall be credited first to interest then due and owing and the remainder thereof to reduce the outstanding principal balance. Should DANA not timely make any payment specified herein, the entire amount of principal and interest then due and owing shall becor.,e due and payable to CITY. Payr,„eats shall be :code to CITY at the Rancho Cucamonga City Hall, Attention: Finance Director. -3- (./ 4. CZTY shall 'nave and is hereby given a lie.^. or. DASaA's property described ir. paracraph A. (ii) hereinabove to secure the full performance by DA:~^iA of DAN4IA's payment obliga- tions set forth in paragraph 3, above. In the event that DANNA shall fail to timely fulfill any such pay,nent obligation, CITY may alternatively enforce and foreclose the lien provided for or sue DAh^1A on DA.WA's personal obligations hereunder, all of which payment obligations shall be personal regardless of whether DA27:IA may have or shall have transferred all or any of DA~i~A's interest in DADINA's property, whether b,: operation of law or otherwise. 5. CITY's waiver of any branch by DANSA with respect to any payment obligation set forth herein shall not constitute • a waiver of any other such breach. 6. DAWA agrees to grant to CITY, its elected officials, officers, agents, employees and contractors such rights of entry and/or temporary construction easements as are deemed necessary by CITY's City Engineer to cause the completion of the Base Line Portion. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. In the event any 1eca1 proceeding is '_.nstituted to enforce any to r:;t or provision of this Ac roement, the prevail- ing party in said legal proceeding shall be entitled to recover -4- L (p 1 attorneys' fees and costs from the other party in an amount determined by the Court to be reasora6le. 9. This Agreement is binding unon and shall inure to the benefit of the parties hereto and their heirs, executors, administrators, successors or assicns wherever the context requires or admits. 10. This Agreement supersedes any and all other agree- ments, whether oral or in writing, between the parties with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representation by any party which is not em,hodied herein nor any other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any • modification of this Agreement shall be effective only if it is in a writing signed by all of the parties hereto. IN WITNESS WHEREOF, the narties hereto have executed this Agreement as of the day and year first set forth above. CITY OF RANCHO CDCAMONGA A Municipal Corporation By Mayor ATTEST: By City Clerk HETTI LEONA DA.W.A r1 u -5- G3 ~- STATE OF CALIFCR~IA ) ss. CO [7NTY OF SAN SE 24?.,?DI`i0 ) On `1„'V ~~ Q y$ before me, the undersigned, a Notary Public r. and for said State, personally apneared RETTI LECNA DALiNA, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. w2 T:IESS my hand and official seal. OFFICIAL SEAL ~ ~ „n~_ )ANICE C REYNOLDS , wwrca~ s NOTARl FU9lIL •CA4i0NNIA tary Public i~nd for said State -~'~'' cm a:aneaorl~ counn "~y'~ 1!~ nmm. eprtet FIaY I~~e~ • STATE OF CALIFC R*7IA ) ss. CGti NTY OF SAN 9ERNARDINO ) On this day of , 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon D. Mikels, known to me to be the Mayor of the City of Rancho Cucamonga, a municipal corporation, and Beverly A. Authelet, known to me to be the City Clerk of the Czty of Rancho Cucamonga, a municipal corporation, and said oersons are known to me to be the persons who executed the within instrument on behalf of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamorga executed the same. WITNESS my har.3 ar.d o_fficia'_ seal. Notary Puiilic in and for said State • -6- GY • ~~~ ~ 1f_ ~ z ,. . ,~,y„o .~ r , J~ 1' t:r L~~` Nom' ~~ llr~ I ' ` _ I ' .I I} o 'r...' +r. tai i i' I'NO/lYJ/1 dDJS d' lb3n ~ /•J3B . • P~ /Yi'J3B'Bn ONJ ~ • ' „~ _ F'lS q[V' W~ On/Od I ~ ~ 011d'. d/SW` ~l/IJM~OS!1 , I ; ~3 - BG'~pd ~% ~ 9.2~ i = ~ -- i -- JI ~ - ~ ~~ 1' ~ ~ i . , ~' I ~' 'f 4 i ~ I ~~~ _ ,wan ~~ a,'-. .... ... k , i ~ 3 _ s I ~ J •c ~~l ~ P I I } ~/ S ' T `I ..,.._. i I ' ~ = ~ I --- .. = ~-? dl ~ Ac _ . ,_ I I I I I ~ I ~i c._... ~I I I ~, ~~~ ~ I{ l ; I i ' ~ l i ~ ~ ~ ~ ~ I p k` ~ c E ~ '~ ~ u I l' i ~ IN ~I 4 ... .~' a ol ` l l I If I~ Y E I ' l ~ O ' I Y ~ {{ ` I ... R .. I I V ~+ ~ III ~ I - I _ F W ~~~ A i ' I ~ ~._• III I ~ ~/~ ~ _- p J/f/J t'3 ~'.~~~ ` d ]_Y[ N/93B r~1 ct r~/ ~ry I ~~ AGZ ~ I I - • II 'i Mb F ~ <O.[. J IAI I ~ I:.;,, ~ , i ao ~,~f /.~.. i ~ _ , yy A B -i _ ~ I_- ~~ ~'~ 5b 3-0 9/ ~ I S ~ ~ p ~ >)v,N b3 33Y3 E %H IBIT "B"~ I ` • CECOEN1q EWUESRp EY City of Rancho CucamonN WHEN necoaeEO NNL To City of Rancho t.u<arllpnN P.O. Box 807 Rancho CuramanN. CA 917)0 EEAC! AEOY[ TxrS LINE ICE Ir[CCIICq'a etE EASEMENT FV 0. A VALUABLE CONSIDERATION, receipt of which is hereby ¢knowledped, HETTI LEONA ORNNA, an unNarri etl woman GRANT(S) to the City of Rancho CucemonN. a Municipal Corporation, N F.ASEMEM (ar Roadway and related purposes in, over and upon that ccnain real property in the City o(R+ncha CuumonN. County of San BernETNno, State of Glifornu, Deulibed ss Follows: The South ib.00 feet Of the North 60.00 fee[ of the East 660.uJ feet • of the North 350.00 feet of Lot d, Section 2, Township 1 South, Range 7 Nest, San Bernardino Neri di an, according t0 map of Cucamonga Bruit Lands, as per map recortled in Book 4 Of I1aps, page 9, Records of San Bernardino [aunty. Ea<eDting therefrom the Mes[ 370,C0 feet thereof, Doled _C ~ /'~S s/_J.~ / GENERAL ACENOyaLEOO ENT -~-~ SNleof LQA/GISfAJ[~_--) On NnIN/Q ~aYOf _~ 19_.Oelore me. ~--- l} !S. ooNnIYPISnNBECQE.1;.,n) ~4nret-C-~Y-~'>s1dS-------. Nalny vie«<. oeno~aliy anonree me uunaem 9nea / aa ~f1.L_~t CCNA,__,DANNs~_ ., !I OFFICIAL SEAL _ IANICU C nFTIJ'JlD$ NOlaer eliL'ULIIONHiw u e[ANrxmIM %NNrt `i} D/lleOnally anOWn 10 ma yprpree tom<o~INeuEen of satuHClory ev,aen<e E d lol o 13 ,~ T . ~4. yr •we uwryo Wry; Uk •. a~~. ~ scrl e au la celne penonpl wnose namelst ._ Nlnin inalrumem.ana acenowlEd9ea lnsl ._a$ds_aecNladd L l WItNES$my Mna an a a < ai s e a _h J ~, ~/L , ~ ~ y ~ [ Q ny s$i9ntlme O ra ENONL[W TNIS t5 A G¢NEPAL AC EMEPT, PLCaB¢ V¢¢ PROPER aCNNONLECGENENTr LC. PNCTHCRSNIP, n u BASEC/•l/E 97,PEEJ' I I ~°' '~ ROFON/gY ~I~ ~ EHffMENT ~ J i ~r I W cavr4/•L~s 99aos'F •LI93~ j C//V GY' ~`y L A NAINSCOii 6 ASSOCI Ai ES. INC. •Q•y~•'f/~L'(/Q:Q/ ~ [ ~ ~ ~( I 'I~ { iMO euw.nwn om~ Leeun~e ueo nM.ae MLXl.etl A7TACNM! ~ _ j I j / ».~ eM,M eeiidia:~ ~~°a'"S d;;e,<L. <e. e».. ~ ` EX /B/T , 3, r~~ G 9 sat>. i;.En' aio M A E X H I B I T "C" • 4/22/85 BWF APN 1077-051-40 Estimate for Frontage Improvements Unit No. Item Quantity Unit Price Amount 1 Curb & Gutter 250 lf. 6.00 $1,500.00 2 Sidewalk 1284 sf. 1.75 $2,241.00 3 Aggregate Base 18.31 tons 15.00 E 274.65 4 Asphalt Concrete 29.72 tons 35.00 $1,040.20 5 Roadway Grading 6 Ex. 446 cy, 5.00 $2,230.00 6 Driveway Apron 690 sf. 2.50 51,725.00 TOTAL ESTIMATE $9,016.85 • • b8 • RESOLUTION 40. E9B=B~96R 8~ -.~J9 A RESOLUTION OF THE CITY OF RANCHO CUCRMONGA, CALIFORNIA, APPROVING STREET FRONTAGE CONSTRUCTION LIEN AGREEMENT BETWEEN LEONA D.4NNA ANO THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Lien Agreement executed by Leona Donna, an unmarried woman, (hereinafter referred to as "Developer"), for the installation of frontage improvements located on the south side of Base Ling Road, east of Turner Avenue; and WHEREAS, the Developer desires that the City construct said frontage improvements in conjunction with the City's project for the improvement of Base Line Road from Teak Way to Haven Avenue; and WHEREAS, the Developer has executed an easement for roadway and related purposes over said frontage to be improved; and WHEREAS, the City is agreeable to have such improvements constructed as part of the above noted City project. NOW, THEREFORE, 8E IT RESOLVED, 8y the City Council of the City of Rancho Cucamonga, California, that said Lien Agreement be hereby approved and authorize the Mayor to execute the same, and direct the City Clerk to record • same in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADGPTED this 7th day of August, 1985. AYES: NOES: ABSENT: ATTEST: Bever y A. Ruthe et, ,ty erk on D. MiKe s, Mayor I, BEVERLY A. AUTNELET, C[TY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted 6y the City Council of the Cfty of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 7th day of August, 1985. Executed this 7th day of August, 1985 at Rancho Cucamonga, California. every Aut a et, ,ty er 69 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 7, 1985 ~`'`'' 19.' T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Publfc Works Engineer SUBJECT: Authorization to advertise for bid; and approval of plans and specifications for Base Line Road Improvements between Teak Way and Haven Avenue Plans and specifications for the subject project, prepared by L. A. Wainscott and Associates, and reviewed by Staff, have been completed to the satisfaction of the City Engineer. The subject project generally consists of A. C. pavement removal and reconstruction, A. C. pavement overlay, curb and gutter, sidewalk, drive approach construction and appurtenances in those areas not already improved and the installation of a traffic signal and safety lighting at the intersection of Base Line Road and Turner/Hermosa Avenue. The Engineer's Estimate is E400,000.00. The subject project, as previously approved by City Council, is to be funded with Systems and Gas Tax funds. RECgMENBATIgI Staff recommends that City Council annrove the attached resolution approving the plans and specifications and authorizing the advertising for bids far the Improvement of Base line Road from Teak Way to Haven Avenue. ~spectfully submiyted, LBH Attachments rfO • RESOLUT20:7 NO. $~ -a1V~ A RESOLUTION OP THE CZTY CGC:iCIL OF THE CITY OF RANCHO COCA:dCNGA APPROV_TNG PLnNS AND $PECIF ZCATIONS FOR TN.E "CONSTRUCTION OF IMPROVEMENTS FOR BASE LINE ROAD FROM TEAK WAY TO HAVEN AVENUE iN SAID CZTY AND AUTHORI7.ING AND DIRECTLNG THE CZTY CLERIC TO ADVERTISE TO RECEIVE BIDS. W'HERE.aS, it is the intention of the City of Rancho Cucamo r.ga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. t70W, THEREFORE, HE IT RESOLVED that the plans ar.d specifica- tions presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Construction of IMPROVEMENTS FOR BASE LINE ROAD FROM TEAK WAY TO HAVEN AVENUE • BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED HIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directinq this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 o'clock P.M. On the 97th day of aunnct _, 19$5 _, sealed bids or proposals for the "Construction of Improvements far Base Line Road from Teak Way to Haven Avenue in said City. Bids wil. be opened and publicly read immediately in the office o: the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. Bids must be mada on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Hid for Construction of ._ • ~ - ~ 7/ PRECA:iiNG hACE: Notice is hereby given thch in accordane • with th^ previsions of California labor Cod°, Division 2, Part 7, Chapter 1, Articles 1 and 2, tiro Contractor is required to oay not less than the general prevailing rate of per diem wages for worX of a similar character in the locality in which the public w•c rk is performed, and not less than the general prevail- ing rate o: per diem wages for holiday ar.d overtime work. In that regard, the Director of the Department of Industrial Rela- tions of the State of California is required to and has deter- mined such general prevailing rates of per diem wages. Copies of such ore vailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determina- tions to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portior. thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or • by any su tcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes o: 1939, and in accordance with the regulations of the Cali- fornia Apprenticeship Co until, properly indentured appren- tices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code conce rr.ing the emeloy- ment of apnrenti cos by the contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenti ceab le occupation to apply to the joi n.t apprenticeship commi rtes nearest the site of the public works project and which admipiste rs the apprenticeship program in that trace for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the perform ante of the contract. The ratio of appren- tices to journeyr,~en in such cases shall not be less than one to five except: • A-2 4-1-SS-:.~ 71 ~, • A. tlh en unemploycent in the area c`_ covera^e by the joint apprenticeship co ^u:.i t.ee has e>:ceeded an average of 15 percant in t:^.~ 90 days orior to the re :nest for certificate, or B. when the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can sho•.a that it is replacing at least 1/30 of its membership through appren- ticeship training on an annual basis sta teeri de or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his cont: ac is on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship orograms if he employs re,is to red apprentices or journeymen in any apprentice ab le trade on such contracts and if other Contractors on the public works site are making such contri- butions. • The Contractor and subcontractor under him snail comply with the requirements of Sections 1777.5 and 1777.6 in the e~.p loyment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Adminis- trator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the ere cution of this con- tract and the Contractor and any subcontractor under him shall comply with and be governed by the laws o£ the State of California having to do with working hours as set forth in Division 2, Pazt 7, Chapter 1, Article 3 of the Labor Code of the state of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-Five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, work man, or mechanio is required or permitted to labor more than eight (8) hours in violation of said Labor Code. A-3 a-1-es-ac 73 Contractor agrees to pay travel and subsistence pay to each workr„an needed to execute the •.vork required by this contract as such travel and subsistence payments are def: ned in the applicable collective barcai ni r.g agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an aco unt ecual to at least ten percent (108) of the amount of said Sid as a guars r.tee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. Zf the City of Rancho to the next lowest bidder, Security shall be applied to the difference between est bid, and the surplus, the lowest bidder. Cucamonca awards the contract the amount of the lowest bidder .y the City of Rancho Cucamonga he low bid and the seco.^.d low- f any, shall be returned to The amount o£ the bond to be given to secure a fai thfv performance of the contract for said work shall be one hund percent (1008) of the contract price thereof, and an addi- tional bond in an amount equal to fifty percent (503) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, an3 the Contractor will also be required to furnish a certi- ficate that he carries compensation insurance coveting his employees upon work to be done under contract which may be entered into between him and the said Cit}• of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor who is not licensed in accordance with tl:e provisions of the Con- tractor's License Law (California ausiness and Professions Code, Section 7000 et seq.) and rules and regulations adcpted pursuant thereto or to who? a prenos al form has not been issued by the City of Rancho Cucamonga. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specif icatior-s will be furnished upon application to • the City of Rancho Cucamonga and payment of $ 35.OU said S~S.00 is nonrefundable. A-4 4-1-85-RC 7y • upon written ree nest by the bidder, co_ics of ti:e plans and specifications will be mailed when said request is accompanied by payment stipulated above, toge t?:er i~:i th an a&?.i tional nonreimburs ab le payment of ;10.00 to cover the cost of mailing rli arges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the rea~ai-ements of. ..^•ection 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 19 • PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this day of 19 ATTEST: City Clerk A-5 r 4-1-85-RC 7'f CITY OF RANCHO CtiCAMONGA STAFF REPORT • DATE: August 7, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Cindy Hackett, Assistant Civil Engineer SUBJECT: Approval of the Professional Services Agreement with G.P.S. Consulting Civil Engineers for the widening of the existing box culvert at Alta Loma Creek, Constructing north side improvements and general pavement reconstruction of Highland Avenue Attached for City Council approval is an agreement with G.P.S. Consulting Civil Engineers to widen the existing box culvert at Alta Loma Creek, construct north side improvements and general pavement reconstruction of Highland Avenue between Archibald Avenue and Hermosa Avenue. RECOMIENDATION It is recommended that Cfty Council approve the Professional Services Agreement with G.P.S. Consulting Civil Engineers for the Highland Avenue Street Improvements in an amount not to exceed 534,360.00 plus a 10% contingency to be funded by Gas Tax and authorizing the Mayor and City Clerk sign same. Resp ctfuily ubmi ted LBH: / Attach ents 7G • PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 19 between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY') and G.P.S. Consulting Civil Engineers (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of: Oesign and Calculation, Construction Drawings, Specifications and Engineer's Estimates for the improvement of Highland Avenue from Alta Loma Channel to 600' east ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct ropy of which proposal • is attached hereto as Exh ihit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NON, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: D Agreement 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires; -1- '7'/ (a) Project: The preparation of Des ion and Calculations Construction Or awinas Specifications and Engineer's Estimates described in Exhibit "A" including: but not limited to, the preparation of plans, maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work less ions, public hearings and other meetings conducted by CITY with respect tg the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project; The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technf cal reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project • acceptance for construction is set forth in Exhibit "B". 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" and all fn accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" and to CITY within the time specified in Exhibit "B". Copies of the documents shall be in such numbers as are required by the CITY. CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are • -2- 79 • deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set torte pursuant tb this Section B2.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, he necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY aorees as follows: • (a) To pay CONSULTANT a maximum sum of E34,360.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. (h) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT'S proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95X of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and -3- ~y • content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "C". Charges for additional services shall be invoiced on a monthly basis and shall he paid by CITY within a reasonable time after said invoices are received by CITY. 4. C[TY agrees Lo provide to CONSULTANT; (a) Hydrology and backup information far design of the box culvert at Alta Loma Creek. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to • complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect Lo the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and • -4- 8~ • materials as CONSULTANT may desire. Rny use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the City, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY, its staff or authorized agents. 6. Termination: This agreement may 6e terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the • event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicah le hourly rates as set forth in Exhibit "C", on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the amount specified in paragraph 3 (a), above except as provided in paragraph 3 (d) above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Reores ent at fives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Norman K. Spielman, Project 5- A/ Manager, for and in behalf of the CONSULTANT and O1 one 'd. Frandsen, Senior • Civil Engineer for and in behalf of the LITY. Any such notices, demands, invoices and written communications, by mail, shall 6e deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Rgreement the following policies of insurance: (a) Worker's Compens aton Insurance: Before beginning fi f i f • nsurance as proo cate o work, CONSULTANT shall furnish to CITY a certi that it has taken out full workers' compensaton insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and i will comply with such provisions before commencing the performance of the work of this Agreement". • -6- d2 • (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CONSULTANT shall keep, or cause to he kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities far personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars (51,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall Lake out and maintain at all Limes during the fife of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing • protection of at least 5250,000.00 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing Engineering services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried ohly in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. R11 policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and CITY'S elected off iciais, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried 6y C[TY; and (3) they cannot be cancelled or materially changed except after ® thirty (30) days' notice by the insurer to C[TY by certified mail. CONSULTANT -~' 93 shall furnish CITY with copies of all such policies promptly upon receipt of • them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and ail legal casts and attorneys' fees, arising out of any negligent or intentional or willfull acts or omissions of the CONSULTANT in the performance of th ie Agreement, including but not limited to, all consequential damages, to the maximum extent permitted 6y law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall 6e made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. • 11. Independent Contractor; The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all • _g_ tY • other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties, IN WITNESS WHEREOF, the parties hereto have executed this Agreement a5 of the day and year first set forth above: '~G.P.S. CONSULTING CIVI' NGINEERS, INC. ~< , Norman K. Spei Exec. Vice Pres. CITY Mayor ATTEST: City Clerk • '. ~xfZ .g_ 8S EXHI3IT "A" PROPOSAL TO CITY OF RANCHO CUCAMONGA FOR PROFESSIONAL ENGINEERING SERVICES FOR THE IMPROVEMENT OF HIGHLAND AVENUE • APRIL 1985 i $~ • PROPOSAL CI iY OF P.AN CHO CUC w!0:lGA IM PROVEM`_NT OF HI GHLA`70 AVENUE vUALI FICATIONS 'We believe that GPS is uniquely qualified to provide the consultant ser- vices required for the following reasons: 1. GPS specializes in working with local government agencies. We have developed a 6ro ad base of experience in the design of public facilities. This prior experience is beneficial to the City and of the utmost sig- nificance for the successful and timely completion of this orojec t. 2. The professionals and designers at GPS have held various city staff positions and have considerable experience in the design of municipal street improvements. 3. The project manager (Norman K. Spielman) has considerable experience and background in bridge design and in the area of municipal street improvements to increase serviceability and life. This knowledge would prove valuable and cost effective to the projecu. P.E LA.TEO EXPERIENCE AND REFERENCES GPS has completed or are presently involved in projects with similar elements as the Highland Avenue Preject. A list of these project; will be submitted upon request. Also, GPS has provided services to over 45 agencies and will submit upon request a list of agency Directors and City Engineers who are familiar with our firm and the high quality of our services. PR 0.IE ET MANAGEMEIJT We believe that effective organization and management is vital to the success- ful completion of the project. In addition, the communications between GPS and the City must be of the highest order throughout all phases of Lhe pro- ject. For this reason, our approach is to assign a "Project Manager" who will be responsible for execution of the work program as well as be the principal contact with the City, He is responsible to see that the City's and Project's needs are met in a responsive manner, that technical work performance is at a high level and that project coordination is properly attended to. GPS proposes that Mr. Norman K. Spielman, Executive Vice President, will serve as Project Manager. Mr. Spielman has been involved in Municipal Public Works Planning, Design and Construction since 1955. During this time he was employed by the Cities of Santa Ana and Costa Mesa prior to forming GPS in 1973, He has co ns ide ra hle experience in projects involving reconstruc- tion of municipal streets in developed areas, Mr. Spielman has administered -1- a~ from planning to completion many projects similar in requirements tc the proposed Highland Avenue Project. • Surveying for the project will be supplied by L. P. Leavitt and Associates. Mr. Leavitt has over 32 years experience in civil engineering and land sur- veying, including providing surveying services on numerous street improvement projects. PROJECT SERYiCES We have field reviewed the proposed project and discussed the project require- ments with the City Staff. Based on this and the in `o rmaticn in the request for proposal, we have developed a program to meet the primary goal of pro- viding detailed construction plans, specifications and cost estimate for the improvement of Highland Avenue. Our proposed services are outlined below. The purpose is to detail our approach so our intent is clearly defined. 1. Crienta tion and Research A. Hold initial meeting with City Staff. Purpose is to review the pro- ject, determine initial requirements and establish procedures and Criteria. B. foiled available information pertaining to the project including as-built plans, utility information, appropriate design standards, tract maps, assessor's maps and right of way information. C. Review and formulate scope with City Staff and provide direction . for soils and survey work. D. Review existing Grid qe and channel co nditiors at A; to LoRa Channel. 2. Field Design Survey Obtain the following field survey: A. Centerline control and stationing on Highland Avenue. B. topography within limits of right of way from 300' west to 700' east of Alta Loma Channel and 200' north and south of Highland in the channel, C. Gross sections at approximately 50 foot intervals. 3. Street Condition Evaluation A field and Tabora ±o ry evaluation of the existing street condition would be performed to provide the design parameters and extent of the project elements required. This phase of the project would consist of the following primary functions. • -2- 88 A. Excavate, log an6 sample cores/borings at selected locations to . evaluate existing pavement sections and subgra de conditions. 8, Investigate the soil conditions and make recom~-~dations on the removal or overlay. Provide soil design criteria for the bridge. C. Map existing pavement conditions. D. Dete mine pavement design using Traffic Index supplied by the City. This includes recommendations for removals, recompac ti on and overlays. E. Determine other project elements that may be needed to meet the es- tablished project objectives such as drive approach replacement. 4. Develop Project Elements Utilizing [he results cf the street condition evaluation phase, we pro- pose to develop a recommended project for discussion with the City Staff. A plan showing the recommended project elements and extent would be prepared along with a cast estimate. A meeting would then be held with the City Staff. The purpose of this phase is to formulate the final project scope prior to preparation of the construction plans. A project report will be prepared far the review and construction recom- mendations on the bridge at Alta Loma Channel. This report will include an alignment to fit existing conditions of right of way, slopes, exist- . ing buildings, channel al ignment and tra nsitioning from proposed to existing. 5. Construction Document Preparation Upon approval of the final project scope, the construction document prepara- tion phase would begin. This phase consf sts of providing the following services: A. Prepare project title sheet on City Standard original showing the following: - Project title - V~i cinity and location maps - Sheet index - Bench mark and basis of bearings - Construction items and quantities B. Construction Plans - Plan anC profile sheets would 6e prepared at a scale of 1" 40'. The plans would include the following items: - Topography within street right of way - Right of way limits - Tract and lot numbers with lot lines - Survey cente rt ine control • - Construction elements clearly defined -3- 99 - Profiles of existing and proposed top of curb and centerline - Bridge plans • - Striping plan C. Prepare cross sections for design purposes only showing ex istin9 con- ditions and proposed construction. D. Prepare special provision section of project specifications using Green Book as Standard Specification. Project information would also be placed on "boiler plate" provided by the City. E. Prepare itemized construction quantity cast estimate. F. Upon completion of the preliminary plans, specifications and cost esti- mate, submit two (2) sets of each to the City of Rancho Cucamonga for review and comment. Meet with City Staff to discuss results of City Staff review. G. Make agreed cn revisions and corrections to the plans, specifications and cost estimate and re-submit as above. H. Upon final completion, acceptance and approval of the plans, specifi- cations and estimate by the City, provide the Lity with one (1) set each of original specifications and itemized cost estimate. 6. Utility Coordination A. Contact utilities per list provided by the Lity and obtain utility . location information. B. Plot utility location and information on the plans. C. Prepare preliminary utility notices and send preliminary plans to utilities. D. Monitor responses from utilities. E. Review conflicts and recommend mitigating measures. Additional de- signs required, including meetings, are not included in this proposal, F. This proposal is based on the final utility notice being handled by the City. 7, Files This proposal includes the preparation and maintenance of project files as listed in the request for proposals, It is our understanding that only the information generated by the consultant is to be included in these files and it is the City's responsibility to consolidate the City and consultant files at the completion of the project. • -4- 90 8. Construction Phase • We propose to provide the foliowing services during the construction phase of the project: A. Attend pre-construction meeting. B. Clarify plans and answer questions regarding the designs and specifi- cations prepared. This does not include redesign due to unfors een conditions or field visits. PROJECT SCHEDULING The following project schedule will be implemented to perform the proposed services. The schedule would commence upon receipt of a contract or notice to proceed. Days shown are calendar days and represent total days from start date. 1. Hold Initial Meeting 7 days 2. Complete Rzsearch 10 days 3. Complete Field Survey 21 days 4. Complete Condition Evaluation 30 days 5. Develop Project Elements 60 days • 6. Submit Preliminary P,S, 6 E 90 days 7, Submit Final P, S, & E 14 days of receiving comments This is a tentative sched ute only and can 6e adjusted to meet specific City requirements. The schedule does not allow for delays outside the control of GPS. CITY RESPONSIBILITIES This proposal is based on the City assuming the fallowing responsi6i lities: 1. Make available and provide all existing data and information relevant to the proposed project. 2. Provide City Standard linen drawing sheets. 3. Provide all right of way engineering and negotiations. 4. Provide environmental documents and processing. 5. Provide Traffic Index. 6. Provide plans and specifications for bidding. -5- ~/ 7. Construction surveying 8. Additional soils reports. • FEES GPS proposes to provide the services as out lined in this proposa l for the foll owing schedule of Pee amounts. These f ees include meetings, reports and inci dental costs associated with the work. 1. Orientation and Research including $ 500 00 preparation and maintenance of files ..... ................ . ... 2. Field Design Survey ..................... ...$ 2,000.00 3. Street Condition Evaluation including t 200,00 5 2 s development of project elemen ..................... , ... 4. Construction Document Preoar anon including utility coordination - Construction Plans intlud ing title 960.00 523 sheet and cross sections ..................... , ... - Specifications, Contract Documents 200.00 5 1 and Cost Estimate .................... , .... 5. Construction Phase .................... ....5 500.00 S 6. Errors and Omissions insurance .................... ....$ 3,500.00 7. Public Liability and Property $ 500.00 Damage Insurance .................... .... Total 534,360.00 We propose that monthly progress payments be made for services performed at the following rates: Principal Engineer $10/hr. Project Engineer $55/hr. Project Designer E40/hr. Drafter $35/hr. Clerical S17/hr. 3 Man Survey Crew $120/hr. 2 Man Survey Crew E100 /hr. Office Survey $35/hr. .-1^ -6- • 91 • EXHIBIT "C" HOURLY RATES Principal Engineer $70/hr. Project Engineer $55/hr. Project Designer $40/hr. Grafter 535/hr. Clerical $17 /hr. 3 Man Survey Crew 5120/hr. 2 Man Survey Crew 5100/hr. Office Survey $35/h r. • Rny public meeting or work sessions attended at the request of the City shall be paid for at the hourly rate stated above and is not included in the total fee of $34,360,00. • 9.3 • • lJ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 7, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Oave Leonard, Maintenance Superintendent ~~cnnrpyc ?~~% + ~'~ <r s" ^ I~Tj `,, A -~~ SUBJECT: Approval of award of bid to United Pacific Corporation, Santa Fe Springs, for the City-wide Street Tree Maintenance Contract Bids were received on July 24, 1985, for 1985-86 City-wide Street Tree Maintenance Contract. Two valid bids were received with United Pacific submitting the lowest bid (see attached). RECOtMENDATION It is recommended that City Council authorize the award of bid to United Pacific Corporation, 12815 E. Imperial, Santa Fe Springs, California for the 1985-86 City-wide Tree Maintenance Contract for an annual amount not to exceed 5100,000.00. Respectfully submitted, '/ ~~~ 8 :DA :ko Attachments 9'/ • • G Y O r~ 9 O $ a O r 8 r Pn y 2 o ° o ~' o o Pv g a `i 'x y m x 9e 1985-86 ~ - CONTRACT PROPOSAL U N i 1Z p PAC ~ F ~ c% 1. IiudIZED BIO FORM Indicate charges for work to specific group and in accordance with the appropriate trunk diameter at breast height or height. See Section 4 of Contract Proposal. 2. GROUP CHARGES Trunk Diameter Group I 0-12 12-24 24" over TOTAL A. Cost to Raise E 24.00 E 32.00 S 40.00 E 96.00 B. Cost to Top E 5.00 5.00 5.00 5.00 C. Cost to Trim E 70.00 110.00 135.00 15.00 D. Cost to Remove E 110.00 175.00 225.00 510.00 E. Cost to Side Prune E 20.00 E 2n.00 E 20.00 E 60.00 Tree Height Group Ii 0'-20' 20'-40' 40' over TOTAL A. Cost to Raise E 1.Cn E 1.00 $ 1.00 E 3.00 B. Cost to Trim E 45.00 45.00 45.00 35.On C. Cost to Remove E 25.00 50.00 50.00 125.00 Trunk Diameter Group III 0-12" 12'24" 24" over TOTAL . A. Cost to Raise E 32.50 E 32.50 $ 32.50 E 97.50 B. Cost to Top E 55.00 110.00 125.00 90,00 C. Cost to Trim E 40.00 85.00 00.00 ~~- D. Cost to Trim with tapping E n5.D0 E195.00 E 225.00 ES15.00 E. Cost to Remove E 135.00 225.00 75.00 635.00 F. Cost to Remove E 90.00 170.00 200.00 460.00 (leaving stump 18" in height) G. CoP*une Side E 30.00 E 30.00 E 3^.00 E 90.00 TOTAL GROUP CHARGES E3,571.50 3. EMERGENCY CHARGES Emergency charges shall inc lude all personnel , equipment and any other material used in c ompleting work. A. Minimum service charge shall be at the rate of E 150.00 per hour with 2 Hour min imum .* B. Charges beyond minimum time shah be at the rate of E B0.^n p er hour *Rate based on boom truck, chip per, one tree trimmer and one grou nd person. 4. Contract may be extended an additional 12 months starting July 1, 1986. . wh at percent incre ase In X (not to er.ceed 10%) 9~ • 5. TREE GROUPS Refer to the following groups when preparing cost for raising, topping trimming or removing. Group I Ornamental Group II Palms Elms Pines Crape Myrtle Liguidambar Oaks Cypress Camphors Cedar Ash Eucalyptus Etc. Date Fan Quezn Etc. Group III Windrow Eucalyptus • Eucalyptus glohu lus IV 97 Printed Name of Bidder CN TED ~ ~d ~IC coP?oRATIOV • By G~ll2 ~ ~ president Address of Bidder 12615 E. Inmerial Hichwav, Santa Fe Sorinos, Ca. Name and Address off ember of the Firm GCS FRANKLIN / 100 Terraza San Benito La Habra, California 90631 If a Cp po rdn Signature of Bidder ~ (///{ ~ py~- By: LANCE B. JONES ~~ Title PRESIDENT/SECRETARY/TREASUREF. Business Address 12815 E. L~erial Hiq}nav, Santa Fe Springs, ia. 90670 Incorporated under the laws of the State of CALIFORNIA . President LANCE B. JODiES State License Number C27 461817 Secretary LP.NCF, 8. JONES Treasurer LANCE B. JONES VI • 98 CITY OF RAA'CHO CUCAMOVGA STAFF REPORT • DATE: August 7, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Approval of Professional Services Agreement with FORMA for Archibald Avenue Beautification Conceptual Design Attached for Council approval is a consultant contract with FORMA to prepare a conceptual design program for the beautification of Archibald Avenue. This program involves establishment of an entry statement at Fourth Street, landscape theme and typical section utilizing the overall design character of Archibald Avenue. The contract includes review wf th both the Planning Commission and City Councii prior to finalization and preparation of construction drawings. You will note that a separate agreement will be executed for the Phase II construction plans and specifications. RECDlMENDATION It is recommended that Council authorize the Mayor and and City Clerk to execute the Professional Services Agreement with FORMA to prepare conceptual designs for the beautification of grchibald Avenue from Fourth Street to Base Line Road. Project to be funded with Beautification Funds in an amount not to exceed 514,740.00. Respectfully ~ .~~ 1 99 • PROFESSIONAL SERVICES AGREE'^ENT This Agreement is made and entered into this day of 19 between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and FORMA (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request far Proposal pertaining to the performance of professional services with respect to the preparation of a conceptual de si gn for the beautification of Archibald Avenue from Fourth Street to Base Line koad • ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iiij CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CiTY's Planning Commission, City Council and staff in the preparation of Project. (f v) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter def fined. NOW, THEREFORE, it is agreed by and 6etxeen CITY and CONSULTANT as follows: 8. Agreement. 1. Oef in itions: The following definitions shall apply to the following terms, except where the context of this Rgreement otherwise " requires: ~p o (a) Pro,j ect: The preparation of conceptual design plans for the • beaut ifiication of Archibald Avenue from Fourth Street to Base Line Road described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, bath oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the prej ect as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of completion of all phases of the project, including any and all procedures, development plans, • maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is. set forth in Exhibit "B" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance wfth Exhibit "A and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit • _p_ /O/ • "B". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. the time limits set forth pursuant to this Section BZ.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services • required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of 514,740.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit "C". (b) Payments to CO"15ULTgNT shall be made by C[TY in accordance with the invoices submitted 6y CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. R11 charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- ~p i event, however, will said invoices exceed 95% of individual task totals • described in Exhibits "A" and "C". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 96% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit "C". Charges for additional services shall be invoiced on a monthly basis and shall be paid by • CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files ap plicabie to the project. (d) Assistance, if necessary, in ohtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. _e_ r L /0 3 • 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of LITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall 6e delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specif is atians by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY . agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicahle hourly rates as set forth in Exhibit "6", on a pro- rata basis with respect to the percentage of the project completed as of Lhe date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, • photographs and reports, whether in draft or final form, prepared by /cy CONSULTANT as of date of termination. CONSULTANT may not terminate this • Agreement except for cause. 7. Notices and Oesianated Reoresentat iv=s: Any and all notices, demands, invoices and written communications between the parties hereto shall 6e addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall 6e those persons primarily responsible for the performance by the parties under this Agreement; City En oineer: Llovd Hubbs nvan Race lion. S ite R Rancho Cucamonga CA 91730• Proiect Manager Bitk Hume, EORMA 190 Newport Center Drive Upper Gallery Newport Beach Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly . addressed as set forth above. 8. Insurance; CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a rompany or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been pbtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Compensator insurance: Before beginning work, CO"iSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensator insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California, • /CS • In accordance with the provisions of California labor Code Section 3100, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the orovisions of Section 3700 of the Labor Code which require every employer to be insured against liabil+~y for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such pravis ions before commencing the performance of the work of this Agreement". (h) Public Liability and Prooerty Damaoe: Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CONSULTANT shalt keep, or cause to 6e kept, in full force and effect, for the mutual • benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and iiabilit ies for personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars (51,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (E1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least 5250 ,000.DU for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of C[TY. (d) General Insurance Requirements: A11 insurance required 6y express provision of this Agreement shall be carried only in /0~ responsible insurance companies licensed to do business in the State of • California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY 6y certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Rgreement. 9. Indemnification: CONSULTANT shall defend, indemnify and • save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and ail legal costs and attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment): No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Rgreement and shall not be construed for any purpose to be • /07 • employees of CITY. 12. Governing Law: This Agreement shall he governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Aqreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation 6y any party which is not embodied herein nor any other • agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed 6y all parties. tN WITNESS WHEREOF, the parties hereto have executed this Aqreement as of the day and year first set forth above: CONSULTANT Date: CITY OF RANCHO CUCAMONGR on D. i e s, Mayor ATTEST: every uthe et, ity er • Date: Approved as to form: y t orney /e 8 • EXHIBIT "A" SCOPE OF SERVICES ARCHIBALD AVENUE BEAUTIFICATION PHASE I - CONCEPTUAL DESIGN 1. FORMA and the City staff shall meet to review existing base material, extent of project scoe of boundaries, City design standards and concepts, etc. 2. FORMA shall compile a photo inventory of the site and perform a site reconn aisance to review and evaluate the existing on-site conditions, opportunities and constraints. FORMA shall graphically indicate the opportu niter and constraints on a site plan and prepare a memo to the City which summarizes these opportunities and constraints. 3. FORMR shall select several tyical sections which best represent the varied conditions of the site. FORMA shall then prepare a memo to the City listng these areas of initial design concentration. 4. FORMA and City staff shall meet to review the orportunities and constraints and to select four typical areas of initial design concentration. • 5. FORMA shall prepare design alternatives for the four typical street conditions. The alternatives shall include plans, sections and elevations. A bird's-eye chracter sketch shall be provided of the proposed gateway at the corner of Archiald and 4th Street. 6. FORMA shall provide estimates of probable construction costs far the alternative design concepts. 7, FORMA and City staff shall meet to review the design concepts and estimates. FORMA shall make additions or revisions to the plans and estimates prior to review by the Planning Commission/Design Review Board (DRC). 8. FORMA shall make a presentation to the Planning Commission/DRC. 9. FORMA and City staff shall meet to debrief on the Planning Commission/DRC meeting and to determine a specific scope of work for the construction drawing phase. CONCEPTUAL DESIGN PRODUCTS: - Opportunities and Constraints map and memo - Design Alternative exhibits - Estimate of probable construction costs Meetings with City staff (3 meetings provided) Meeting of Planning Commission/DRC/City Council (1 meeting provided for each) ;09 PHASE II - CONSTRUCTION DRAWINGS 1. Based on the approved concept design and extent of the first phase of construction, FORMA shall prepare construction drawings and specifications. The plans shall include: - Cover sheet - Construction staking plans - Conntruction details - Plantig plans and details - Irrigation plans and details 2. FORMA shall prepare an estimate of prohable construction costs for the items represented in thecon struction package. TO BE PROVIDED BY CITY The City of Rancho Cucamonga shall provide FORMA with all base maps and background information including the following: 1. Site Survey maps at appropriate scale. 2. Topography maps at appropriate scale. 3. Existing Land Use maps at appropriate scale. • 4. Aerial Photography of site. 5. City Development Standards. 6. Soils Investigation for all areas. ITEMS NOT INCLUDED Among the items not included in this contract are the following: a) Soils investigation; b) Surveying; c) Existing topo and boundary map; d) Additional meetings others than those delineated in the Scope of Work; e) Building or structure designs. If requested, FORMA is prepared to provide these or other requested subconsultfng services at cast equal to the suhconsultants fee plus 15% for administratf on. • i~o / , • CITY OF RANCHO CUCAMONGA ARCHIBALD AVENUE ATTACHMENT B SCHEDULE 1. Contract Initiation August 7 2. Kick off Meeting with City Staff Week of August 12 3. Site Reconnaisance Photo Inventory and Opportunities and Constraints Map Duration : 2 Weeks 4. Meet with City Staff to Review Program Week of September 2 • 5. Prepare Design Alternatives and Estimates Duration : 2 Weeks 6. Meet with City Staff Week of September 23 7. Presentation to Design Review Commlttee Oc toher 3 8. Presentation to Design Review Committee October 9 9. Presentation to City Council October 16 .. ...:: .- ~. „- ~:~crri ~;cuw i N~~:;c- ~'n~a-. Via, r. ~~~a ~:55~ nm F~~ ;coi EXHIBIT "C" FEE SCHEDULE PHASE I CONCEPTUAL OE SIGN fee not to exceed 514,740.00 PHASE II CONSTRUCTION ORAHINGS The fees for Phase II will be based upon the approved program and construction budget as determined during the Conceptual Design phase. The final fee will be the subject of separate agreement entered into at the conculs ion of Phase I. Rate Schedule Quoted fees are valid through December 31, 1985. Services commenced in 1986 will be charged with the fee schedule effective January 1, 1986. Principal ....................... ... ........... ........E70/hour Associate/Director ....................................560 Senior Planner/Landscape Architect ....................545 Project Planner/Designer ..............................538 • Planner/Designer ......................................530 Support Staff .........................................526 Deliveries ............................................515 Reimbursable Expenses 1. Out-of-pocket expenses (travel, telephone, messenger service, lodging, meals, etc.): cost, plus 15%, per diem charge for subsistence may be negotiated in lieu of expenses far daily lodging and meals. 2. Subcontractors: cost, plus 15X. 3. Blueprint, reproduction and photographic services: cost, plus 15X. 4. Passenger cars: 50.25 per mile. 5. Photocopies: 50.10 per page. • //l • n U C[TY OF RANCHO CCCAMONGA STAFF REPORT GATE: August 7, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer s 2c' n z! 1..~~tf~ > F' ~~ Z .. a> 1977 SUBJECT: Approval of Professional Services Agreement with Madole and Associates to design median island on Haven Avenue from Arrow Route to Nineteenth Street Attached for Council's approval is a Professional Services Agreement with Madole and Associates to prepare design plans, specifications and estimates for the construction of a median island constructed on Haven Avenue from Arrow Route to Nineteenth Street. This firm was selected based on previous designs prepared far portions from Church Street to Base Line Road and overall familiarity with the design concepts. Landscape plans for the median will be prepared under separate contract with a Landscape Architect. It should also be noted that turn pocket geometries will be provided by the City with assistance of our traffic consultant, DKS Associates. RECOMIERDATION 1t is recamnended that Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with Madole and Associates for the design of median island curbing on Haven Avenue from Arrow Route to Nineteenth Street. Contract to be funded from Beautification Funds in an amount not to exceed E29,300.00. Respyctfully submitted, Attachments //3 . PROFESSIONAL SERVICES AGREEt4ENT This Agreement is made and entered into this day of 19 between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Madole 8 Associates Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of ^7ans. soecificati ons and estimates for Lhe construction of 'he Haven Avenue Median Island from Arrow Route to Nineteenth Street • ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iii) C[TY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Conmission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement, 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requfres: ,~ y (a) Project: The preparation of plans, specifications and • estimates for median island construction on Haven Avenue from Arrow Route to Nineteenth Street described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of completion of all phases of the project, including any and all procedures, development plans, • maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by COPSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit "B" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "q and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (6) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit • -2- /~ s' • "B". Copies of the documents shall 6e in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sale cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be • retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY aorees as follows: (a) To pay CONSULTANT a maximum sum of 529.300.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit "C". (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices suhmitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- //G event, however, will said invo is=_s exceed 95{ of individual task totals • described in Exhibits "A" and "C". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit "C". Ch arses for additional services shall be invoiced on a monthly basis and shall be paid by • CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSUL TAVT; (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Ass ist ante, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. • // 7 • 5. Ownership of Oocuments: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY • agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CON SULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro- rata basis with respect to the percentage of the pro,j ect completed as of the date of termination, In no event, however, shalt CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by -5- ii 8 CONSULTANT as of date of termination. CON S'JLTANT may not cermina to this • Agreement exceot for cause. 7. Notices and Oes ign ated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: City Engineer: Lloyd Hubbs, 934G base Line Road, Suite D, Rancho Cucamonga, California, Consultant's Project Ma na aer, Madole & Associates. Inc., 545 N. Mountain Avenue, Suite 105, Upland, Rny such notices, demands, invoices and written communications, by mail, shall be deemed to have been received 6y the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly . addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained, CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Compensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' Compensaton insurance far all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. • !/ 9 • In accordance with the orovisions of California Labor Cade Section 3100, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to co~mnencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Cade, and I will comply with such provisions before commencing the performance of the work of this Agreement". (b) Public Liability and Prooerty Damage: Throughout the term of this Agreement, at CONSULTANT'S soie cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, far the mutual • benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT'S actfvities, providing protection of at least One Million Dollars (51,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Rgreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least ~y~ 0000 00 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) General insurance Requirements: All insurance required 6y express provisfon of this Agreement shall be carried only in ~a,o ibl i i • respons e nsurance companies l censed to do business in the State of California and policies required under paragraphs B.(a) and (6) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent ohtainabie, to the effect that (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot 6e cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and • save harmless CITY, its effected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of any negligent or intentionai or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment): No assignment of this Agreement or of any part or obligation of performance hereunder shall he made, either in whole or in part, 6y CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not 6e construed for any purpose to be • / l~ . employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonah le. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other • agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT CITY OF RANCHO CUCAMONGA on i e s, ayor ATTEST: Date: Date: ever y A. ut a et, ity er Approved as to form: tty ttorney /2Y EXHIBIT "A" • SCOPE OF SERVICES HAVEN AVENUE MEDIAN ISLAND CONSTRUCTION PLANS ARROW ROUTE TO NINETEENTH CONSULTANT SHALL: Consultant shall conduct all necessary surveys and street cross-section required for the construction of median island curbing on Haven Avenue extending from the centerline of Arrow Route to centerline of Nineteenth Street. Cross-section shall extend from curb line to edge of pavement at intervals not to exceed 100 feet. Based on topographic surveys, the consultant shall establish median curb profiles consistent with existing and planned street profiles and prepare 40- scale improvement plans consistent with City standard and suitable for construction purposes. Plans shall be in ink or mylar submitted to the City upon completion and acceptance. Based on the construction plans, the consultant shall construct specifications and cost estimates suitable for incorporation into bidding documents to be prepared 6y others. Consultant shall also prepare necessary striping plans under the direction of the City Traffic Engineer. • Consultant shall coordinate with Landscape Architect where necessary to provide conduits for electrical and water services to future island landscaping and any applicable soil specifications for median fill material, CITY SHALL: Provide for consultant geometric design parameters for left-turn pockets and guidance as to appropriate striping standard. Rss ist in coordinating utility connection and other aspects of landscape design. Make available any plans or reference material necessary to assist in completion of the scope of services. Coordinate preparation of final design plan package and contract documents. n l J Jx~ EXHIBIT "C" HAVEN AVENUE MEDIAN ARROW ROUTE 70 NINETEENTH STREET RANCHO CUCAMONGA OFFICE: 1. Prepare cross-sections. E 2,000.00 2. Prepare improvement plans for construction purposes. E 15,000.00 3. Prepare striping and signing plans. E 2,400.00 4. Prepare cost estimate and specifications based on approved plans. E 1,000.00 Office - Sub Total ~6b.66 FIELD: 1. Obtain cross-sections of Haven Avenue and locate existing culture. E 8.900.00 Field - Sub Total -S~9a0:66 GRAND TOTAL E 29,300.00 BILLING RATES OFFICE: Office Technfcal Personnel Design: E 62.00/per hour Draft: E 40,00/per hour FIELD: Two man survey crew; 5124.00/per hour ~~ v v nrrn nrn ~ rrn vn ~ 1 L_~ -- „___ .._ _.. __. ____ ______.___.- _ ~„~....v~ STAFF REPORT z~ ~, z' / ciy~~_ _ wp y 19': ORTE: August 7, 1985 T0: Mayor and Members of the City Council FROM: Otto Kroutil, Senior Planner BY: Lisa Wininger, Assistant Planner GUB~ELT: INLAND MEDIATION BOARD CONTRACT FOR FISCAL YEAR 1985/86 ABSTRACT: This report contains an overview of our relationship with the Inland Mediation Board and recommends approval of a new agreement for the fiscal year 1985-86. r1 U BACKGROUND: Since 1982, the City of Rancho Cucamonga, along with the City ocean Bernardino and the County of San Bernardino, City of Ontario, has been contracting with the Inland Mediation Board to provide mediation in tenant-landlord disputes as well as other Fair Housing Services mandated by the federal government for Block Grant recipients. During this time, the contracting agencies have been receiving satisfactory service from the Mediation Board. The Mediation Board is responsible for the following activities: o Making an effort to negotiate or mediate a remedy hetween landlords and tenants; ~_I o Accepting complaints from individuals alleging discrimination in housing and if unsuccessful refer cases for further investigation to State Department of Fair Employment Housing; o Providing mortgage default counseling services; o Conducting housing workshops to inform the entire community as to its rights and responsibilities under State and Federal laws with respect to fair housing; o Disseminating materials to the public regarding State and Federal laws with respect to fair housing; o Acting as referral agency for those persons who require technical or professional information as may be available from existing community organizations or other institutions, l.ia' CITY COUNCIL STAFF REPORT Inland Mediation Board Contract for Fiscal Year 85/86 August 7, 1985 Page 2 r 1 U In addition, the Board is also responsible for: o Publicizing the existence of the Board throughout the service area; o Preparing monthly statistical reports on the number of complaints/questions, the status of their resolutions and related information as required; o Hiring, salary, benefits, and full responsibility for its staff; o Training volunteers to handle mediation sessions, perform telephone counseling, and initiate complaint resolution; o Handling all administrative duties pertaining to accrued costs of operation and paying all bills. ACTION R~ On April 17, 1985, the City Council approved funding or cantinu ed air Housing Services under next year's Block Grant application, in the amount not to exceed 57,000. Attached for your review and approval is a contract for the above-described services in • the amount of 56,641.00 representing Rancho Cucamonga's 8% share of the countywide cost of 583,000.00. The contract is funded entirely through Block Grant monies. In 1'ght of satisfactory past performance by the Inland t~is recommended that the City Council approve the "o continue funding of Fair Housing Services in fiscal year Otto Kroutil Senior P anner OK:LW~ s Attachment: Contract • /,2 G A G R E E M E N T • THIS AGREEMENT is made and entered into this 7th day of August, 1985, between the City of Rancho Cucamonga (hereinafter referred to as "CITY") and the Inland Mediation Board, a non-profit organization (hereinafter referred to as "BORRD"), for purposes of continuing a Fair Housing Program to service residents of the above referenced area. WITNESSETH WHEREAS, pursuant to Section 570.304(h)(2)(iii) of the Federal Regulations, the C[TY is mandated to implement a strategy for increasing the housing opDor tunities for members of minority groups and female-head households, and including efforts to achieve spatial deconc entration of such housing opportunities and actions to affirmatively further fair housing and; WHEREAS, the CITY and BOARD propose to provide the community with a local office for receiving assistance in resolving complaints with regard to housing discrimination and landlord/tenant problems; and 'WHEREAS, the CITY and BOARD recognizes the need to inform the public of the law with regard to housing discrimination, landlord/tenant rights, and . building and safety laws in order to fort^.r affirmative action to eliminate housing discrimination; and WHEREAS, the CITY and 80RRD recognize the need to encourage the resolution of complaints through the process of mediation; and WHEREAS, the CITY has received CDBG funds from the United States Department of Housing and Urban Development (hereinafter referred to as "HUD") to be used far the implementation and maintenance of a Fair Housing Program; and NOW, THEREFORE, the CITY and BOARD, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: 1. The CITY reserves the right to review and approve action and decisions related to all applicable regulations. 2. Each party agrees to indemnify, defend, and save harmless the other party from any and all claims, losses, or damages occurring or resulting from any negligent or wrongful act or omission of its officers, agents, or employees in the performance of this contract. 3. The CITY recognizes the BOARD as an independent non-profit organization and agrees to cooperate in protecting its image as a politicaily neutral organization. 4. The service area is the CITY of Rancho Cucamonga. 117 5. The BOARD shall be responsible for: a. Hiring, salary, benefits, and full responsibility for its • staff; b. Training volunteers to handle mediation sessions, perform telephone counseling, and Snit iate complaint resolution; c. Making an effort to negotiate or mediate a remedy between landlords and tenants; d. Accepting complaints from individuals alleging discrimination in housing; e. Making an effort to negotiate or mediate cases of discrimination in housing and if unsuccessful, refer cases for further investigation to State Department of Fair Employment and Housing; f. Providing mortgage default counseling services; g. Publicizing the existence of the BOARD throughout the service area; h. Preparing monthly statistical reports for the CITY on the num~er of complaints/questions, the status of their resolutions, and related information as required and requested by the CITY; • i. Conducting two housing workshops per year to inform the entire community as to its rights and responsibilities under State and Federal laws with respect to fair housing; j. Cisseminating materials to the public regarding State and Federal laws with respect to fair housing. k. Acting as referral agency for those persons who require technical or professional information as may be available from existing communf ty organizations or other instf~~tions; and 1. Handling ail administrative duties pertaining to accrued costs of operation and paying all bills. 6, In consideration for the services performed by the BOARD hereunder, the CITY shall fund the activities of the BOARD under this Agreement in a lump sum payment of E6,641.00. 7. Insurance. BOARD shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall BOARD allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. BOARD shall take out and maintain at all times during the terms of this agreement the following policies of insurance: • /~ 8 a. Workers' Com en sat ion Insurance. Before beginning work, BOARD • shall furnish to CITY a certi icate of insurance as proof Lhat it has taken out full workers' compensation insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. BOARD prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance fn accordance with the provisions of that Cade, and I will comp iy with such provisions before commencing the performance of the work of this Agreement." b. Pubtic Liabilit and Pro ert Dama e. Throughout the term of this Agreement, at OA 's so a cast an expense, OARD Shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and BOARD, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from BOARD activities, providing protection of at Teast Five Hundred Thousand Dollars (5500,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least Five Hundred Thousand Ooilars (5500,000.00) for property damage. • c. General Insurance Re uirements. All insurance requir~.d by express prov is~on of this greement sha a carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 6.a and 6.b shall name as additional insureds C[TY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. BOARD shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. BOARO may effect for its own account insurance not required under this Agreement, 8. Indemnification. BOARD shall defend, indemnify and save harmless CItY, its a ect-T--ed and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by BpgRD of any and all legal costs and attorneys' fees, in any manner arising out of or incidental to the performance by BOARD of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by Law. 9. Assignment. No assignment of this Rgreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by BOARD without the prior written consent of C[TY. /~5 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. . 11. Attorney's Fees. In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 12. Entire Agreement. This Agreement supersedes any and all other agreements, eithe~in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 13. This Agreement may be amended or modified only by written agreement signed 6y all parties; and failure on the part of either party to enforce any provision of this Rgreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. 14. All participants of this Agreement must act in accordance with Executive Order No. 11246 which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federally assisted contract. 15. This Agreement shall be in effect from August 7, 1985 through August • 6, 1986, unless extended, amended or terminated by mutual agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: BOARD CITY l J /30 --- -- -- CITY OF RASCHO CCCA~SOSGA ~i~__~:vr~ MEMORANDUM ~'° ,l` ,. „-- T0: As ais [ant Ci[y Manager and Ci[y Coun~cNil~(1~~. FRON: Mark Lorimer, Administrative Analyst " _ - SUBJECT: Budeet Transfer As part of the 1985-86 budget, the City Council appropriated funds for the hire of one full-time Community Code Repr es ants [ive and one half-time microfilm/records retention assistant. To da [e, the City anticipa [ea ante ring in to contractual egr cements for services performed under the shove pos iCione, rather than hiring additional Gi ty employees. In order to pr ov tde Che ^eces- sary Fonda for bo [h contracts, budget Cranefera should be made from the person- nel accounts to the contract services accounts [o cover [he cast of born con- tractual se rv is ee. In the area of community code activities, the Ci Cy has received a pr opoeal from Mr. Joe Torrez, a consultant with many years experience working in code en- forcement. In [he area of records teteotion and mtcr of rlmrng, [he City has se- cured [he services of a private frrm whrch provides a half-time person to microfilm and records. In response, staff recommends a budge[ tran of er in the amount of $26,320 from [he planning personnel account (01 -4333-1100) [o [he planoing contract services account (01-4337-6028) to alloy for the cost of one contract community code rep reeen[a [ive. Staff also recommends a budge[ tranef er in the amounc of S10,500 from the City Clerk pars onoel account (01-4126-1100) [o the City Clerk contract services account (01-4126-6028) [o allow for [he Coat of a half-time microfilm aesie [sat. Should you have any questions regn rding [hie matter, please contact me aC your convenience. /ml / ~ / • vu a yr nnava,nv ~, v r.aplvlvva Gh.r{p MEMORANDUM ~ ~~ 9. 5 ~l: _~ ~ ~~ •~ August '. 198$ T0: CITY COLIC IL FROM: HARRY ENPEY~ FINANCE DIAECTC~ s'l8J'tCT: AUTRORIZAT IOti TO AWARD CONTRACT AND TRANSEEA FLT~'DE FROM BUDGET CONTINGENCY During the Host recent budget adoption process Council approved an amour.[ of 513,000 for equipment and program licensing for Cost Account Ina. At the time the consulting fee reoui red to update and develop a computer program for the City's Cost Accounting Program was not known, staff did, however, set an amount in the budget contingency in anticipation of what [hose costs might be. the fee for this service, as proposed by M.S.I. (Management services Lnstit utes), is 545,000. M.S.I. is the sole vendor in this area and did eProvide the initial service to the City for Cost Accounting and identification some Ei ve years ago. The recommendation is to transfer the necessary funds (545,000) to the operating budget and proceed with M.S.I. to complete the .: ity's .:ost Accounting and computerization program. This System will provide a more sophisticated and updated approach in dealing with the complexities of Proposition 136. HE:bkt u 13d. CITY OF RANCHO CUCAMONGA STAFF REPORT • >; Date: togas[ /, 1985 ~_ To; City Council and City Manager From: Pill Nolley~ Community Services Director Subject: llppr oval of Revisal Cost Shari na Agreement with 0.5. er~my Corps of Engineers for the Development of the Cucamonga Creek Recreation Project. Consent Ca landar Item T Background Dn dune 2C, 1984, the City Concil approved a cost sharing agreement with the [1. 3. Army Corps of Engines za for the dove lopmenC of the Cucamonga Creek Recreation Project. The estinm to of construction Costa rontai nod 1n the agreement was 5750,000, of which the City would provide 537a,p00 and the Corps of Engi nears wov ld provide 5375,000. Since that tim<., the estimated project construction coat has increase6. First, the Cmrps of Vngi nears and their project conavltanta Aave taken an inordinate amount of time preperi ng the project plane end ape Cifica[ions for hid. Even with gur continued attemp to to expedite their planning and dove loFment processes, the Corps of F.noinee rs have taken approximate lV one and a half ve ats to Frepa re the hid pzekage for advertisement. Additionally, more stringent structural requirements 'than previ oua ly proposed for the five projacc hrid qes and the 19th Street undo rpaea Culvert reaui red redesign Of th oat improvements. Cons ea uently, dve eo time delays and redesign, the estimated cons true Lion cos is hove increased. The total Froject coat now is eatima red at 51,035,000. That coat inc lodes non shareable costa to he paid by the son Bernardino County Flood Control Oistr ict and the Federal Government. The Ci ty'a porti nn of the project Coat will be 5515,OOOr of which 5458,000 will match cost ahareahle Federal coo to in the project. an additional 357,000 in City funds is required Eor items the Federal Government cons idera non coat ahareahle, yet are desirable elements for the project. These ineluAe the two picnic shelters, picnic f.urn iahings and soma la ndscapi na at. the proposed Cucamonrte Creekaide Patk, We have been able to structure the hid p rovidina the flexihi]ity to ewe rd a coats. The total project Coe to car 3[,035,000, with the City's shale ran Council will have the oFCArtuni ty to d per [tripe ti on in the project. package to ins lode additive alterne tea Cone [ruction contract within a range of ra nqe from an estimated 5200,000 to ing from 590,C00 to 5515,000. The City eermine the amount of city flnanciel /3~ Pane 2 8/01/95 Staff penort The pr Dior[ is currently advertised for bids by the Armv Corps of Fnai nee cs. Prior to Did ope ni nq and project awarded, the City must deposit the estimated City share of 5515,n00 with the Federal Government. Any City funds remaining after project conclusion will he returned to the City. Pids will he opened on Au au st 27, 1985 and project construction should commence by Septemher 10, 19R 5. The Citv Council must approve the revised cost sharinq agreenent and the red lined cha nges must initialed by the Mayor. The content of the core ement has not chanced since Lhe previous approved version. Only the cost estimate and seve ra] references to the cost shared amount within the acreem ent have chanced. per om me nda ti on: That the City Council approve the revised cost sharing agreement for the Cu ramon qa Creek Recreation Project, and authori re the Finance Director to deposit <515,000, from Park nevelopm ent flmds, with the L.R. Army Corps nf. 6nvineers for the project. DM:ks • • /~y CONTRACT 3E;aii:i THE UNITED STATES GF AMERICA • AND CITY OF RANCHO CUC,LMONGA £or RECREATION DEVELOPMENT at the C;ICAMONGA CREEK AND DEMENS CREEK CHANN'tLS, SAN REANARDL`i0 CCU:iTY, CAL:FORHIA TNIS CONTRACT entered into this ,:•i,: day of ~~.c~~, 19 iv by and between the UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the Contracting Officer executing this Contract and City of RANCHO CUCAMONCAr CITY COUNCIL (hereinafter called the "City"). _- WITNESSETH THAT: WHEREAS, constwctlon of the Cucamonga Creek and Demens Creak cnannels, San Bernardino County, California (hereinafter called the "Project") was authorized by Act oC Congress, Flood Control Act of 1964, Public Lau 90-4d3, 90th Congress, 2rd session, approved on 13 August 1968; and WHEREAS, recreational development at the project was authorized by Public Law 534, 78th Congress, as amended and ua9 included as a post authorization change of 12 May 1976; and • WHEREAS, Lhe City is authorized to administer project land and eater area! for recreational purposes, and operate, maintain and replace facilities provided for such purposes and Is empowered to contract for such purposes, and Ss empowered to contract in these respects: and WHEREAS, the City has the authority and capability Co arrange for the non- Federal cooperation required by the Federal legislation authorizing the recreation features oT the project and by their applicable law; antl WHEREAS, the Government Ss authorized by Section 4 of the 1944 Flood Control Act, as amended, (16 U.S.C. 460d) to make contracts with non-Federal bodies for development, management and administration of the recrea Clon resources of Federal water resources projects; and NHEREAS, the City Ss required by separate agreement with the Government Ld acquire use rights of all Lands, easements, and rights-of-way necessary for the construction of the flood control features of the Project upon whicn the subject recrea clonal features will also be cons tructetl; antl WHEREAS, the recreational development at Federal nonreservoir water resources projects shall be in accordance ui th Che cost-sharing principles in the Eederal Water Resources Project Recreation AcC of 1965 (Public Law 89-72). NOW, THEREFORE, the partias agree as follows: !3'f A ~~~/ 2) pRT-CLE t - DEc';:i;T;CN GF :FENS. For t:^.e Furpose of this contract certain terms are defined as follows: • a) First costs, used interchangeably with the terms "cap L'ai cos C' and "project costs," is the initial capital recreation cost oC the project, including engineer!ng, design, supervision and adainistration, land acquisition and construction. b) Recroation lands: Project lands acquired primarily for recrea tioral purposes, excluding lantls neetled for flootl control or other Project purposes. c) Recreational facilities: Those facilities for recreation which may De installed pursuant to this agreement. ARTICLE 2 - LANDS AND FACILITIES. a) The City will secure use of lands outside the boundary of the flood control features necessary for recreation, access, health and safety. b) The Gover.^.ment agrees Co desidn and construct the recreation features of the Project to provide for optimum enhancement of general recreation consistent with other authorized Project purposes. Details on lands and facilities necessary for such enhancement will be shown in the Feature Design Memorandum. c) The Government in cooperation with the City wi 11 Drepare a mutually aceep table Feature Design Memorandum which will depict and identify the types and quantities of facilities which the Government and the City will construct Sn accordance with Lhis contract. The full cosU ~•' of facili acs Lo be so provided, is estimated at-~yd; BB9-B9T The presently estimated cost of facilities to be providetl is contained in Exhibit A entitled "Estimated Separable Recreation Costs," attached hereto and made a part hereof. Such estimate of facility cost is subject to reasonable adjustment as appropriate upon ecmpletion of construction and approval of the above-mentloneC Feature Design Memorandum. d) The facilities shown in Exhibit A, as it may be adjusted in accordance witr. paragraph c) above, shall be constructed jointly by the parties through mutually satisfactory division of responsibility for construction, which takes Snto account direct and indirect cost savings that gay be gained by the parties Sr. the public interest For certain spec lfic facilities, provided, that the facilities to 6e constructed by each party shall be formally agreed upon by the two parties prior to construction, consistent with the provisions of Article 3. e) Title to all lands acquired by or with Government assistance for other authcrized protect purposes, and title to all recreation facilities constructed on such lands, shall at all times 6e in public ownership. 2 /' f) .._ per tcrxance of any obligation or the ezper.diture of ary ..^:ntls ty the Government under this contract is contingent upon Congress making • the necessary aDPropriations and funtls being allocated and wade available Por the work required hereunder. AATICLE 3 - CONSIDEAATiJN AND PAYMENT. Each party hereto will pay or cor.Crlbute in kind fifty percent (50;) of the separable first costs o° recreation development and fifty percent (SGX) of the separable cost of future development. a) Znitl al Development. Fifty percent (SG;J of the estimated separable first costs of Initial recreation development Ss estimated to be ~ ~~D"~ Before advertisement of the first construction contract hereunder and again Cefcre advertisement of each subsequent construction contract thereafter, the Government ContrActing Officer shall calculate the estimated expenditure which Lhe Government and Lhe city shall have made through the end of such contract. If the total estimated expenditures by the Government shall exceed those of the City, Lhe City shall pay to the Government such sum as will equalize Lhe expenditures of both parties before award of such contract. In computing expenditurea, there shall Da considered, in additior. to cash expenoitures, contributions 1n kind such as land and facilities, at the fair market value thereof at the time such land and facilities are provided ty the City, which value shall not include enhancement due to the Project. Upon completion oT inl Lial recreation development, an adjustment will be wade on the basis of actual costs incurred. ZC is understood and agreed that the City's share of the cost of each • construction contract shall De computed on the Oasis of actual costs Co Che Government of the work included in the Government construction contracts above and on the ba91s of unit prices in each Government contract antl final quantities covering laDOr, materials, and equipmene requiretl for the work under each Government's constructional, engineering and overhead expense and not on the basis of Drevious estimates. b) Future Development. Neither the Government nor [he City is obligated Dy Chis contract to undertake any future recreation development of the project, except to the extent this contract may be so mods Tietl 6y fut.:re supplemental agreement signed by all parties and approved by the Secretary of the Army or his authorized representative. If at any time the City wishes to undertake further development. oC the facilities hereunder, St may do so at its ezperse provltletl prior approval of the Contracting Officer Ss obtained, but the Government shall not be obligated to reimburse the City for any portion of such expense Ln the absence of a supplemental agreement hereto as aforesaid. c) GCF.er Federal Funds. No repayment credit of any kind whatsoever will De al:owed Che City for expenditures CSnanced by, involving, or consisting of, either Sn whole or Sn part, contributions or grants of assistance received from any Federal agency, except HUD 61ock grants, in providing any lands or tact ll ties for recreation enhancement hereunder. ?{G d) ddjustment to Reflect Costs. The dollar amounts set forth in Lhis Article are based on the Government's best estimates, and ace subject • to adjustments based on the costs actually incurretl. Such est.mates are not Lo be construed as representations of the total financial responsibilities of each of the parties. ARTICLE '" - CCNSTAUCT•_CN AND OPERATION OF ADDITIONAL FACi'LTTES. Certain types of facilities including, but not necessarily iimi tetl to, restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacacion- type structures, stables, marinas, swimming pools, commissaries, chairlifts, and such similar revenue-producing facilities may be constructed by the City or third parties and may be operated by the City or third parties as concessions. Any such construction and operation of these types of facilities shall be compatible with all project purposes and shall be -dLDject to the prior approval of the Contracting Officer. However, the Cicy shall not receive credit for costs of such facSliti es against amounts due and payable under Article 3. ARTICLE 5 - FEES AND CHARGES. The City may assess and collect fees for entrance to developed recreation areas antl £or use of the recreation project f ac ilicies antl areas, in accordance with a fee schedule mutually agreed Co by the Government and the City. Nat less often than every £ive (5) years, said parties will review such schedule and upon the request of either, re-nego date the schedule. The re-negotiated fee schedule shall, upon written agreement thereto by the parties, supersede prior schedules without the necessity of modifying this contractual document. ARTICLE 6 - rFEDERAL AND STATE LAWS. a) In acting under Sts rights and otllgationa hereunder, the City agrees to comply with all appll cable Federal and State laws and regulations, Sncl'.:d ing but not 11m:ted to the provisions of the Davis-Bacon Act (40 U.S.C. 276 a-a(7))i the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)i and part 3 of Title 29, Code of Federal Regulations. b) The City furnishes, as part of this cortrac t, an assurance (Exhibit B) that it will comply with TS tie VI of the Civil Ridhts Act of 1909 (7d Sta t. 241, 42 U.S.C. 2000 d, et sec) and Oepariment of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of T1 tie 32, Code oC Federal Regulations. The City agrees also Chat it will obtain such assurances from all its concessionaires. c) The City furnishes, as part of this contract, its assurance that it will comply with Sections 210 and 305 of the U..^.ifOCm del ocation Assistance and Real Property Acquisition Policies Act of 1970 (?ublic Law 91-646). • Afi TICLE 7 - OPERATION AND MAINTENANCE. The City shall provide for the opera Lions, maintenance and replacement without cost to the Government of all facilities developed to support project recreation opportunities. The City shall provide for the maintenance of al: project lands, waters, and facili Ilea . to the satisfaction of the Contracting Otflcer. ARTI-=LE tl - 33:-°d3B JF CLAIMS. Tne Government and its office.^s and employees shall rot be Zia 51e in any manner to the City for or on account of damage • causetl by the development, operation and aalntenance of the recreation facilities of the Project. The City hereby releases the Goverr~ent and agrees to hold it free and harmless and to indemnify it from all damages, claims or demands that may result from development, operation and aainterance of the recreation areas and facilities. ARTICLE 9 - TRANSFER OF ASSIGNMENT. The City shall not trans £er or assign th'_s contract nor any rights acquired thereunder, nor grant any interest, privilege or 1l cense whatsoever in connection with this contract w: shout the aDDroval of the Secretary of the Army or his authorized representative except as provided in Article 4 of this contract. ARTICLE 10 - DEFAULT. In the event the Clty fails to meet any of its obligations under this agreement, Lhe Government may terminate the whole or any part of this contract. The rights and remedies of the Government provided in this Article shall not be exclusive and are in addition to any other rights antl remedies provided by law or under this contract. ARTICLE 11 - EXAMINATIGN OF RECCADS. The Government and the City shall maintain books, records, documents, and other evidence pertaining to casts and expense incurred under this contract, to the extent and In such detail as will properly reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, and services and other costs and expenses oC whatever nature involved herein. The Government antl the City shall make available at their offices at reasonable times, the accounting records for inspection and audit by an authorl zed representative of the parties to this contract during • the period this contract is in effect. AflTICLE 12 - RELATIONSHIP OF PARTIES. The parties Lo this contract act in an independent capacity Ln the performance of their respective functions under this wntracL and neither Darty Ss to be considered the officer, agent, or employee of the other. ARTICLE 19 - INSPECTION. The Government shall at all times have the right to make inspectlors concerning the operation and maintenance of Che lands and facilities to 6e provided hereunder. ARTICLc 14 - OFFICIALS NOT TO BENEFIT. No aember of or deledate to the Congress, or Resident Comml ssioner, shall be atlmitted to any share or part oC this contract, or to any benefit that may arise therefrom; bur this provision shali not be construed to extend to Chis contract iC aade with a corporation for its general benefit. ARTICLE 15 - COVENANT AGAINST CCi7TINGENT FEES. The City warrants that no person or selling agency has keen employed or retained to solicit or secure this contract upon ogre tacos or understanding Cor a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty, the Government shall have the rlg:t to annul this contract without liability or in Sts discretion to add to the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, orokerage, or #I~ contingent Lee. ~~ c ARTICLE 10 - ENVTAONMENTAL pUALITY. a) In furtherance of the purpose and policy of the National Environmental • Policy Act of 1969 (public Law 9t-190, u2 U.S.C. 4321, 9331-9335) and Executive OMer 11514, entitled "Protection and Enharc eaent of Environmental Cuali ty,^ March 5, 7970 (35 Fetleral Register 4247, :".arch 7, 7970) the Government and t..*,e City recognize the SapoNarce of preservation and enhancement of the quality of the envirorseat and the elimination of environmental pollution. Actions by either party will be after consideration of all possible effects upon the project environmental resources and will incorporate adequate and appropriate measures to insure that the quality of the environment will not be degraded or unfavorably altered. D) During construction and operation undertaken by either the Government or the City, specific actions will be Laken [o control environmental pollution which could result from their activities and to comply with applicable r'ederal, State and local laws and regulations concerning environmental pollution. Particular attention should be 31ven to (7) reduction of air pollution by control of burning, minimization of dust, containment of chemical vapors, and control of engine exhaust gases and smoke from temporary heaters; (2) reduction of eater pollution by control oP sanitary facilities, storage of fuels antl other contami :ants, antl control of turbidity and siltation from erosion; (3) minimization of noise levels; (4) on and offsite disposal oC waste antl spoil activities; and (5) prevention o£ landscape defacement and damage. . A.^,TICLE 17 - EFFEC^.IYE DATE. This contract shall take effect upon approval by the Secretary of the Army or his authorized representative. 29 WITNESS WHEREOF, the parties hereto have executed Chis contract as of the day and year first above written. THE UBITED TATES OF AMERICA CITY RANG C M iG 6 EY Colonel, Corps of Engineers Maya the City of Commanding Pan Cucamonga Ccrtracting C°: icer DAT"e 'LLL-~~1~ DATE -:~-.Y `/ APPRO V D ^ E~ y ~ r 1 ATTEST ~ j / / y L,~ / ~~~ EY -J't/ / i«%~/K'~ I~~l~ By Deputy Commander, USACE v City C'erk Authorized Representative Secrstary of the Army DATE ~' ~ .~}. '~1 /¢ DA"E • .: ! i' CEATIFICATIJN ~~1_ -y -. I, fYi Ve7" I ~. ~CU~I~Q~ , as Attorney for the City of Rancho Cucamonga, State of ' al ifornia, hereby certify that the Foregoing agreement executed by •, lr Y1 D. M~ ~L' IS Mayor of Che City of Rancho Cucamonga, is within the scope of his authority, and that in my capacity as Chief Legal CCficer for the CS ty of Rancho Cucamonga, I have corsidered the legal effects of Section 221 of the Flovd Control Act of 1970 (Y2 U.S.C. 7962-Sb) and find that the City of Rancho Cucamonga, State of California, is legally and financially capable of entering into the contractual obligations obtained in the foregoing agreement and that, uDOn acceptance it will beJJ legally enforceable. Given under my hand, this 3YL` day o~' CTU--~--)"98~. !i/ -. C y Attorney ity oC Rancho Cucamonga • J9 !~ Exhioit A. Estimated Separable Aecreati on Costs. Phase I Recreation Development for Cucamonga Creek and Tributaries • Location Item Itemized Costs Total Costs Heritage Park Area: Bridge (H-10) f}6, OOB ='-=..i` 1 E7 a, 000,',' '_. Bridge (H-10) }&,000''. °~ ' Bridge (H-20) 38,000 Confluence Area: Bridge--{~N-20-)---~---- 20;009 4'/,200-=,,; - Landscapa 8 Irri g. 3,500 Grading 6 Hardseape 3,500 Shelters (2) 18,000 Hater Fountain 1,200 ., Furnishings 1,000 19th St. Area: Underpass }95,-00® /4-j, 0o0 x;000-~4'3; x'L Base 11 ne Area: Bridge (H-10) 76; 009^'~,.3cC -2b5r56F ~P~'1~4 (Cree ks ide Park) Utilities 17,500 Reseroom 59x506 :io;ct0 - 6#ei~errF2i-~~ Parking Lot tar 000 34;L=} Hards cape 18;500 Z¢, Grading 8 Drainage 3.z,-509 22; ~.'L Landscape 6 Irri g. 71,500 c flee nos Mugs Underpass 23.W0.2~~`~x • Trail 7e velo pmen t: Nandscape 4,000 70,500 Cates 500 Signs 7,500 Landscape 3,000 Trail Constr. (Grad- 55,500 ing, clearing, et c.J Subtotal f5bsi,20f J =".?= Contingency (15S) 8+F~3B ~btotal 646;'x]9 ~L ~ ~" Engineering 6 Design ~6+F~xj ;. ' Supervision 6 Admi n±s. (6f) 98-49E ;r:' ~_' Total l~49-:945 ,' - Ad,]usted Total ~.. g • ASSURANCE OF COMPLIANCE WITH THE DEPAATHENT OF DeFENSE DIRECTiV'e UNDER TITLE YI OF CIVIL RIGHTS ACT OF 1964 City of Rancho Cucamonga (hereinafter called "Applicant-Recipient") HEREBY AGREES THAT it will comply with Titie VI of the Civil R'_dhts Act of 1964 (P. L. 88-352) and all requireaents imposed by oc pursuanC to the Department of Defense Directive 5500.11, December 18, 7964 issuetl pursuant to that LStle, to Lhe end that, Sn accordance with title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, sex, or national origin be ezcl uded from partlmiDation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-fleciDient receives Federal financial assistance from the Department of the Army. and HEflEBY GIVES ASSURANCE THAT SC will immediately take any measures necessary to effectuate Chis agreement. If any real D~'oPerty or structure thereon is provided or improvetl with the aid of Federal financial assistance extended to the Applicant-Recipient by the Department of the Armv. assurance shall oDligaEe the Applicant-Recipient, in the case of any transfer of such property, any transferee, for the period during xhlch the real property or structure is used Cor a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, Chis assurance shall obligate the Applicant-Recipient for the Period during which the Federal £inaneial assistance is extended to St by Che Department of the Army. . THIS ASSURANCE is given in consideration of and for the purpose o£ obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the ADPllcant- Recipient by the Department, including inatallaent payments after such data an account of arrangements for Federal financial assistance which were approved before such date. The ADP1lcent-Recipient recognizes and agrees that such Federal financial assistance will De extended in reliance on the representations and agreements made in this assurance, and the United Staten have the right to seek ~udleial enforcement of this assurance. This assurance Sa binding on the Applicant-Recipient, SW succeasars, transferees, and assignees and the person or persons whose signatures appear below are authorized to sign Chis assurance on behalf of the Applicant-Recipient. E%HIBIT B Date ~ '.~/-~~ City of Rancho Cucamonga (Sn nlinanl_Penl nl sn[1 r 1 E J CITY OF RANCHO CtiCA~IONGA MEMORANDUM August 7, 1985 T0; CITY COUNCIL FRON: BARRY ENPEY, FINANCE DIRECTOR ~- SUBJECT: DESIGNATION OF RESERVES It G4,ti{0 ~f ~~!/ ~ 7. ~ ',\`> Each year [he City moat conei der [hose funds that have no[ been ezpended, eppropr is tad or designated ae reserves. This is done in an effort to maintain a level of compliance with Propoei [i on 4, nw All IB, of the State Coneti[uti on, and not allw the City to be put in a poei ti on of having [o be denied Slate subventions or other euc6 action because the City exceeded i[e spending limitation as set for t6 in the aforementioned proposition. Although the books for 1984-g5 have no[ been officially cl need, staff dose know that there rematne $1,000,000 + [o be designs tad into en appropriated reserves. Recommendation: Ic is recommended [het $750,000 be designated ae rase ryes into the Capital Re ee rve Fund, end $250,000 be deeigoe tad as reserves into [he Park Develepmen[ Fund. My balances beyond $1,000,000 not needed [a balance the current Fiscal Year Budget (1985-fW), be designs led (appropriated) into reserves for changes in economic condi [ions (General Fund). Further recommends [ion ie to transfer from the General Fund Reserves, those funds deeigoe tad for Capital Reserve end Park Development so that interest earned by these particular rase rvee can become the property of the funds, Capital Reserve and Park Development, rather then [he General Fund where these reserves now reside. NE:bk[ /3r • CITY OF R:1VCH0 CCC.13I0\GA STAFF REPORT DATE: August 7, 1985 T0: Mayor and Members of the City Council FROM: Dan Coleman, Senior Planner BY: Nancy Fong, Assistant Planner SUBJECT: APPEAL OF TENTATIVE TRACT 10349 ..~c''~`~~t 9 ` J e.~ z _ ~ 2 ~~~__ I. BACKGROUND: On July 3, 1985, the City Council approved the Ad Hoc Committee's recommendations and continued the appeal to this meeting so as to allow time for the developer to revise the plans. The applicant is requesting a continuation of this hearing to the August 21, 1985 City Council reqular meeting in order to have enough time to complete those revisions. Further, a Variance for reducing the required 22,500 square foot minimum aver age lot size to 20,000 square feet will be considered 6y the Planning Commission at its August 14, 1985 regular meeting. Attached for your review is a copy of the letter of request from the applicant. II. RECOMMENDATION: Staff recommends that the City Council, with the consent of the applicant, continue this item to the August 21, 1985 Cit until regular meetf Res ec fully s bmitted, D oleman ni P1 ner DC:NF:jr CC: Letter from Applicant l3G PLAZA NICOpPOPAT£Z) 916PA Mnvdy Avenue Casa Mesa. Cahlornia 94616 ;!e 662-3>00 July 30, 1985 Mr. Jon Mikels, Mayor City of Rancho Cucamonga - City Ball 9320 Baseline Road P.O. Box 807 Aancho Cucamonga, CA 91730 SUBJECT: Tentative Tract 910349 Dear Mr. Mayor: Due to additional conditions imposed on the above- mentioned subdivision, Plaza Builders, Inc. is respectfully requesting a continuance (extension) of this matter until August 21st 1985. In order to eliminate a major discussion during the city council meeting, prior to the 21st, we shall sub- S mit to the Ad Hoc Committee all final drawings, engi- neering etc., necessary for review and approval. If Thursday, August 15th, 1985 is available for this last committee meeting, please advise us. Thank you in advance for your concern in this matter. Res c lly, Tim C. Marqu Vice Preside of Operations Plaza Builde s, Inc. TCM/cb • l 37 A Su0sitliary of Calilornla Fetleral Savings antl Loan Assoclatlon • ..... ... ............ .. .. .............. G~ui Vp STAFF REPORT ~$~~`'=~ z ~\ ~ ~l o`-C6-! DATE: August 7, 1985 T0: Mayor and Members of the City Council FROM: Dan Coleman, Senior Planner SUBJECT: APPEAL OF TREE REMOVAL PERMIT 85-15 - BARtdAK IAN - An appeal by the applicant of the 'r loon ing Division's Denial of Tree Removal Permit 85-25 for Tracts 10277 and 10277-2 (King Ranch Estates). I. ABSTRACT: The Planning Division approved only the selective removal of certain trees within King Ranch Estates. The applicant, Andrew 8armak ion, is appealing that portion of his request which was denied. This report analyzes the request, and the reasons for denial pursuant to the criteria of the Tree Perservation Ordinance 37. Staff is recommending that the applicant be directed to work with staff to preserve as many trees as possible. II. BACKGROUND: Tentative Tract 10217 was approved in 1981 with a condition that "existing Eucalyptus trees shall 6e retained wherever possible .' The applicant proposed removing the stand of trees along the easterly tract boundary and seven other Eucalyptus trees throughout the tract (see Exhibit "A"). Grading was cited as the reason for removal. The applicant has also listed the messy characteristic of the Eucalyptus and potential safety hazard as reasons for their removal. III. ANALYSIS: The purpose of Tree Preservation Ordinance 37 is to preserve trees as a natural aesthetic resource for the community. The following criteria are the basis for evaluating a tree removal request: Criteria - Whether or not the tree(s) could 6e preserved by pruning rather than removal. Comment - Assuming grading techniques (eg - tree wells) are utilized, the trees could be saved by pruning. l3v CITY COU"IC IL STAFF REPORT Appeal of Tree Removal Permit 85-IS August 7, 1985 Page 2 u Criteria - Whether or not such trees constitute a significant natural resource of the City of Rancho Cuc amanga. Comment - Staff has investigated the site and determined that the trees are part of an extensive windrow network. The removal of these trees, Particularly the easterly windrow, would have a significant ne9at ive impact on the aesthetics of the site/neighborhood. Criteria - General condition and health of the trees. Comment - Trees appear healthy and unmaintained. No report has been submitted by a tree arbor ist concerning their health. Criteria - Incidence of and health or safety hazard to persons, adjacent property or utility installations. Comment - Past incidents unknown - careful trimming and topping cou d minimize future safety hazards. • Criteria - Proximity and number of other trees in the vicinity and the ab iT~ity of the soil to adequately support existing vegetation. Comment - The removal would eliminate potential fire or wind damage as a safety hazard; however, would dramatically change ch crater of the area. The attached letter describes in detail the decision of the Planning Division. Regarding Item No. 2, the easterly windrow, the applicant is willing to relocate the perimeter wall 5 to 10 feet to the east into the 60 foot drainage easement. R dense stand of Eucalyptus and other varieties of trees are located within the easement. Selective removal of trees to accommodate relocating the wall is recommended to preserve the character of this stand of trees. Grading could 6e revised to use retaining walls/tree wells to avoid burying tree trunk bases. On lot 13, the applicant is willing to preserve the tree in the southeast corner. The southwesterly tree is actually a bush and may be removed. On Lot 29, the tree could only be saved by using a 8-10 foot high retaining wall. The City Council should decide • whether the removal of this tree ,ould be a significant loss. i3S CITY CC U'1C IL STAFF REPORT Appeal of Tree Removal Permit 85-LS August 7, 1985 Page 3 u IV. CORRESPONDENCE: This item has heen advertised as a public hearing in The~Dail~Re o~rt newspaper, and notices were sent to property owners within 300 feet of the project site. Staff also contacted adjacent property owners for conmen is prior to action on Lhe request. Three of the adjacent owners supported the tree removal request, and one opposed (see attached letters). V. RECOMMENDATION: If the City Council desires to preserve these trees, the applicant should be directed to work with staff to revise grading and permiter wall location accordingly. Res tfull submitted Dan Coleman Senior Planner OC:jr • Attachments: Appeal Letter Tree Removal Permit Letter Letters From Adjacent Property Owners Tree Preservation Ordinance 37 Exhibit "A" -Site Plan Exhibit "8" -Photographs ~J ,yo AFFIDAVIT Of PUBUCATIDN STATE OF CALIFOF.NZA COIRITYCFSANBERDIARDItiO ~ ~s I, ':: r :;_rne r ,doh^ceb~; certify that I am the hegal Advertising clerk of THE Da ('': Rk;PORT, a daily newspaper of general circulation, published u! t;re Gty of Ontario, County and State aforesaid and that the attached advertisement Of -_~_._.-•_l_IC .•_a~t. ~~_. _ ... ._ RANCHO CUCAMONOA CITY COUNCIL was published in said newspaper. __? __'.e __ .. _ , _ .__ _ Mvd: .:dlr C~~ :7 d5 I certify under penalty' of perjivy that ~he fo;cyoing is true and correct. ISignaturel Dated atDnGlrio,Glitorniathu______._nt!! ___,dayof m~ a we~e,~ ;,e _e,e. ~. rl,. [nr <iwi,. 0 M. IT. IIM[ro Cu[eTPY. CN,IpMe nrn. wIMI .NaTNiT ., w eee.. weoe.N mer a eN.~e.e oi.:m~im«rna in: i~.~"~{w win s.> e. ,Nwroro wein~ M.wn l~~. ANiwM yin cp.e ruerm: ,Nr r. nn ,Oe,NS. • /Y~ • June 21, 1985 Ms. Re ve rly Authele t, City Clerk C_ty of Rancho Cucamonga 9320 Baseline Road, Ste. C Rancho Cucamonga, CA 91730 Subject: Tract 10277-2 and 10277 (King Ranch Esta[e s) - Appeal to the C'_ty Council - Tree Removal Pe rmi[ 85-25 Dear Ms. Authe ie [: I respectfully request that the honorable city council hear my appeal regarding the decis`_on of the planning division dated June 20, 1985, denying the Tree Removal Permit 85-25. The following responses are presented below: ^CC:sion Item No. 2 This is a gated community and it is essential to fence the boundary of this tract. Relocation of the easterly perimeter wall 5 to 1G feet to the east is workable if the eucalyptus trees along its path are removed. Relocation of the perimeter wall 20 feet to the west will impact the buildable area of Lots 19, 22, 23 and 24. Engineering conditions require that the pad elevations of Lots 17, 18, 19, 22, 23 and 24 must be elevated a minimum of 2 feet above the 100 year flood level of aaJace^t drainage course. as an example, Lots ]9 and 22 must be filled to meet the above requirement. The windrows of eucalyptus trees along these lots are going to be filled to a max`mum height of 3.5 feet above the trunk base, so these trees cannot be saved. Deci s`_on Item No. 3 The tree went: oned on the southwest corner of Lot 13, is not eucalyptus but :s a bush. The eucalyptus on [he southeast corner of Lot ]3 can be preserved. ,y l ~1, ~ ~'TTi-~~, ~ s'/ Ms. Beverly Ar,thelet June 21, 19A5 page 2 De ci sioo Item ho. 4 The pad elevation of Lot 29 wust be above the flood level of the adjacent concrete channel, so it is not possible to lower its pad (elevation = 2155 feet). The tree trunk base is at elevation 2745 feet. This eucalyptus tree cannot be saved. I would apprec`ate your cons derat'on of my appeal fcr the council meeting of July 3, 19P 5. Prior to this council meeting, I will meet with Mr. Rick Gomez and Mr. Lloyd Hubbs to discuss the validity of my responses. Cordially, Andrew Barmakian Owner AB:sm ec: Lloyd Aubbs Rick Gomez • • iy1 ~~~~,. <'~-~'~ t \ CITY OF RANCHO CtiCAMONGA ~~.:e t r'~.~ '_ ~+.ve• Jnn D. 1lfAeis z u. i? te..riim...a•. ~~__ Charles J. Ruquet 11 J<Hrev Hin¢ Riahad A.Dxhl Pa meta J, R'n¢ht June 20, 1985 Mr. Andrew Barmak ion 9375 Archibald, Suite 101 Rancho Cucamonga, CA 91730 SUBJECT: TREE REdOVAL PERMIT 85-25 -KING RANCH ESTATES (TRACT 10277) Dear Mr. Barmak ion: The Planning Division has reviewed your request for a Tree Removal Permit to remove the north/south Eucalyptus windrow located on the east side.of your tract and the selective removal of seven Eucalyptus on Lots 9, 12, 13, 14, Z1, and 29. Your application has been reviewed for consistency with the Tree Preservation Ordinance No. 37, which entourages the preservation of trees and vegetation within the City of Rancho Cucamonga on private as well as public property. Ordinance No. 37 establishes criteria for the evaluation of requests for the removal of trees (see attached). Staff has investigated the site and determined that the trees could be preserved by pruning rather than removal, and should be trimmed and topped at 30 feet, as required by the Conditions of Approval for your tract. Further, the trees constitute a significant natural resource, and are part of an extensive Eucalyptus windrow network in the area. The removal of these trees would have a significant effect upon the aesthetics of the site and the neighborhood. Your application lists grading as a reason for the removal of the trees.. In addition, the grading plan indicates proposed walls or fence lines that could conflict with the preservation of the Eucalyptus trees. As you are aware, the primary goal in this instance, as established by Ordinance No. 37 and the Conditions of Approval for your tract, is the preservation of these trees. Hence, grading should be modified to minimize cut and fill in the area of the tree trunks through modification of the grading concept, retaining walls, tree wells, etc. Regarding the easterly windrow which is located contiguous to the 60 foot drainage easement, I have discussed the matter of the location of the proposed wall with the City Engineer. If it is your desire to provide a secured comr,Jnity, the City Engineer has indicated that this fence or wall could he relocated apnraeirately 5 to 10 feet easterly into the drainage easement to presen'e the Euc alyP tus windrow. The decision of the Planning Division is as follows: 1, The request for the removal of three (3) trees located on Lot 9 because theovlocationnof(lt)hesee~treesLCOnflictshwith therhouse pad locations approved by the Planning Commission. /y3 ~. Andr ; 3a-,:: ~~ June 20, 1935 Page 2 \''S' 3~ 2. A request for the removal of the easterly windrow is hereby denied as inconsistent with the intent of Ordinance No. 37 and the Lond it ions of App re val. The applicant is encouraged to explore pons ibilities of relocating the perimeter wall to preserve this windrow accordingly. 3. A request for the removal of one Eucalyptus tree at the southwest corner of Lot 13 and the removal of one Eucalyptus tree at the southeast corner of Lot 13 is hereby denied as inconsistent with the intent of Ordinance No. 37 and the Conditions of Approval. The applicant is encouraged to revise the grading concept and location of fences to preserve these trees. 4. A request for the removal of one Eucalyptus tree Located in the southwest corner of Lot 29 is hereby denied as inconsistent with Ordinance No. 37 and the Conditions of ADProval. The applicant is encouraged to modify the grading plan to preserve this tree. 5. The removal of one Eucalyptus tree located at the southeast corner of the project site within the 24 foot emergency fire lane is approved because of conflict with the access of emergency vehicles. The applicant should contact Loyd Goolsby, Grading Specialist, to modify the grading plan to preserve the trees as described above. All existing Eucalyptus trees shall 6e trimmed and topped at 30 feet per the Conditions of Approval for Tract 10271. The se iective tree removal as approved by this Tree Removal Permit 85-25 shall be valid for a period of ninety (90) days. Pursuant to Ordinance No. 37, any person aggrieved by the denial or approval of a Tree Removal Permit shall 6e afforded recourse of appeal to the City Council provided that such appeal is submitted in writing to the City Clerk's office within ten (lO) calendar days of this letter. Such filing of an appeal shall automatically suspend the permit issued un tii action thereon is taken by the City Council. If you should have any questions or comments, please do not hesitate to contact this office. Si~cerety, ~,.^UBI OE'JELOP~IE`!7 E. ~R TIEAT LABii DIG 0~'J IS:OIi /` // D nD n C~~ ~~ '"~ Senior Planner OC: n s Attachment _ ca Adja to nt Property Owners ~ 7,~y - ~i~r V Ii~f~.~~~ ~i ~' e.. -J ..•..i June 13, 79B5 Dear Property Owner: 'IRTRiGK !-1. CASs- The grading work for subject tract commenced on June 10, 1985, and it is planned for twenty-two custom lots. It is essential that some of the existing trees within the limits of the subdivision boundary must be removed. The City of Rancho Cucamonga requires that the contiguous property oane rs must be ^otified prior to the tree removal. Therefore, this letter will serve as a notification of our intention to remove some of the existing trees on said tract. A grading plan delineating in red the trees to be removed will be shown to you by our representative. If you are in concurrence with the tree removals, please place your signature and address below, and if you are not in concurrence, notify the Planning Department, City of Rancho Cucamonga, at (714) 989-1851, within ten (10) days of the date of this letter. Sincerely, Andrew Rarmakian Owner AB:sm //~~ ~y/ Approved by:,%,.¢(iZCr!,!_~~_ Property Owner S/l/ (Y~cc NS >oAIE j~A~-~cr~a ~vcA~acNG~r~C.r ddre ss cc: City of Rancho Cucamonga .. ... .. ._ /y' .~`t AR~IAKIAN 6 /'Z~. ~t ... T, i June 13. 1985 Dear Property owner: ~ ~rMVL L~''~ L `~yRl~E7 G ~E ~. The grading work for subject tract commenced on June ]0, 1985, and it is planned for twenty-two custom lots. It is esse nt: a] that some of the existing trees within the limits of the subdivision honndary must be removed. The City of Rancho Cucamonga require=_ that the contiguous property owners must be notified prior to the tree removal. Therefore, this letter will serve as a notification of our intention to remove some of the existing trees on said tract. A • f grading pia^ deiineating in red the trees to be removed will be `` shown ro you by our representative. If you are :n concurre^ce with the tree removals, please place your s:gnai,ure and address below, and if you are not in concurrence, ^otify the Planning Department, City of Rancho Cucamonga, at (714) 389-1851, within ten (]0) days of the date of this letter. Sincerely, And rew •Ba rmakian Owne r AB:sm 1 Approved by: \ye% ~ i~ ~~~~i Prope rt----1ey7~£ Address cc: City of Rancho Cucamonga • !yL ,,........_. r June 13, 1985 Dear Property Owner: ..L/,4N j+L~~-IJST The grading work for subject tract commenced on June 30, 1985, and it is planned for twenty-two custom lots. It is essential that some of the existing trees within the limits of the subdivision boundary must be removed. The City of Rancho Cucamonga requires that the continuous property owners must be notified prior to the tree removal. Therefore, this letter will serve as a notification of our intention to remove some of the existing trees on said tract. A grading plan delineating :n red the trees to be removed will be shown to you by our representative. If you are in concurrence with the tree removals, please place your signature and address below, and if you are not in concurrence, notify the Planning Department, City of Rancho Cucamonga, at (714) 989-1851, within ten (10) days of the date of this letter. Sincerely, Andrew Ba rmakian Owner AB:sm Approve bY: r ~. ILL ~C-iiLw / Property Oar mss cc; City of Aa ncho Cucamonga v ..,If~~r r. • ~^. ". .. .l f! • pr,)u^!:V fil p lt•,~ ~, 11 \• • i.(ba .... .. C,. =:.L_~. ~y~ lane 14, 1985 • Mrt. Rich Gumez City PPann.ing Commission C,i,ty Hate ~~~i 1 .~..~ P.U. Box 807 „n ;.;• Rancha Cucamonga, CA 91730 7~$p9ii~il;L~i l'~Iaii•1''Jjv SUBlECi; Sa.tmahian Devefapmeni King Ranch Estates 7.tee RemavaP Un the everting a~ lane 13th Mrt. Sartmahian rtequested that i s(gn a peti.U:un to exp¢d<te Lree n¢muvaP a6 10C yeart ofd eucaZypiue .Lte¢e. The un6~ttwiate situatian is that sevetaf rtes.iden,ts Cn {h¢ a.tea siyned the pe.titian w.i.thaut physicaPfy waPhing the rycopertty. M2. Bartmahicn has aCteady removed Ib months agal 40 to 50 .trees w.ithaut aprytuvaP 05 the city and Cauneitman Dish Oahe waa advised and physicatfy C rt¢quested any add i.tionaP .temovaP 6e atopped. 7h¢ prtes¢rtt situation in one where the city is rtequ.t,t.ing a 6fack wcft be 6uift around the devetupmen.t. Fk. Banmah.ian, i6 he would bu.iPd th<s waft appnozimatePy ten 6ee.t mane (nbaund an the ¢ast side o6 th,ih an¢a, caufd prteJel[ve 75 to 85 pe26ectPy h¢afthPy 100 y¢an. old eucaPyptus trees. I ash that you Poak .into this uoJey very eart¢6uPPy 6¢cauhe the die- trtuction o6 each beauty is highPy unneeessarty. PP¢as¢ to¢f 5rtee to cafe me at anu .time 8:00-5:00 at (2131 613-6139 o.t in the even.i.ng aR 17141 980-8888, 7hanh yuu bon your advance suppo.tt and pP¢aee phyeieafty wafh the property and s¢e what the issue .t¢afPy T- Sinc m Shath. 88,88-H.e den Fa.tm Raad ~Afta Luma, CA 91701 ec: Dich Dahf Pam Wn.ight J. Kingg 1. M.i,chef D. Gateman 4 Krtutef ,.~.. iY8 u • ~ < < ~C ORD I;:A::CE S0. 37 AV ORDI:a:CE OF THE CITY COC):C IL OF THE CZSY OF RA3CH0 Cti CA°.OAGA, CALIFOR`7I:1, PERTAI)l1:7C TO THE PB£SERCATI09 OF TREES OY PRA'AT'c PROPERTY. THE CIIY COL:lTIL OF THE CITY OF RA:vCHO ChCA?fO~GA DOES ORDAN AS FOLLO:JS: r I I. Gu:.E&\L SECT IDA 1. Intent and purpose. The purpose of [his Ordinance is [o encourage preservation of [tees and vegetation within the CiCy of Rancho Cucamonga on private as well as public property. II. PRESER4ATI0;; OF TRW ES Oa PRI DATE PROPERTY SECTIOy 1. Applicability and Size Criteria. The provisions of [his Ar tic le shall apply to all [tees on any developed or undeveloped private properCy within [he City of Rancho Cu camonga• For Che purposes of Chis Ocd finance tree sha 11 mean tree, plan[, shrub or other similar form of vegetation which meeC the following criteria: (a) All woody plants in excess of twenty (20) feeC in height and having a single trunk circumference of twenty (20) inches or mare. (b) Multi-trunks having a total circumference of thirty (30) inches or more, as measured twenty-four (2G) inches from ground level. (c) Trees which are fruit or nu[ bearing and commercial nursery stock shall be excluded from the provisions of [his Ordinance. S ECI'I O:: ?. Per.,~it required to rercve Crees. Yo person, fin ar corporation shall cue down, move, destroy or remove any tree growing within [he City limits without firs[ having o6[ained a Tree Removal PerniC from the Cicy. /Y5 • ~ SECTION 3. Permit Application. Application for such perm i[ shall be madz Co the Cot-unity Development • Direttor oz Director's designee. Said application shall contain the following infor-:a[ion: (a) Species of tree(s) under cons id eratio n.~ (b) Number and size (approximate height and circumF er ence as measured 24" from ground level) of tree(s) under consideration. (c) A statement as to reasons for removal. (If tree is diseased, a written statement by a licensed arbor isc stating nature of L the disease.) (d) A plot plan showing [he approx ima[e location of all trees on site, including chose proposed as remaining. (e) Proposed method of cemoval. SECTION .. Permit Evaluation. Upon receipt of [he application, the Common i[y Development Director or designee shall investigate [he site and eva luace the appli<a [ion on the basis of the following criteria: (a) Whether or not the creels) could be preserved by pruning rather Chan removal. • (b) Whether or no[ such trees (s) constitute a significant natural resource of [he Ci[y of Rancho Cucamonga. (c) General condition and health of [he tree(s). (d) Incidence of any safety hazard to persons, adjacent property or utility inscallacions. (e) Proximity and number of ocher creel in the vicinity and the ability of the soil co adequately support existing vegetation. (f) The effect of the lree removal on the public health and safety, and ,[he general welfare and aesthetics of the area. SECTIDa 5. Issuance of Permit. Subsequent to invest igaCian, the Comruni r: Developmer.[ DSreU Or or designee may approve Che permit for the removal of all or some of [he trees included in the application, and may attach cond icions of compliance as deemed necessary to conform with the prescribed criteria, inc lading but not limited to the replacement o1: Che removed tree or trees with reasonably equivalent replacement trees. IE in the opinion of [he Community Oevelo pmen[ Director the removal of tree or trees lnc laded in [he application would produce a significant impact on the env ironmen[, the application may be forwarded to the Planning Commission Eor review and action. Permits shall be effective [en (1D) days after approval and 'shall be valid for a period of 90 days, subject [o a 90-day renewal period at [he applicant's request. ~~ O S'cCTI0:7 5. Ao [if~ tion of Approval Cpon app: o•;a1 of a Tree Renevel Pen.iq the Coc.-uai^: Developcen[ Dirac for or designee shall im^~ediaee l;•' five notice co ehe rov=_, C g p ~ ~ owners ad; oia~ng the subject pro pert? Chat such Tree Re^.o cal Pe c.it vas zppreved and issued and tsar such per.., will becor.e of Eect i•:e [en (IC) da•:s ac ter [be dace o: its appro•;a1 unless appealed pu-suaa[ to SEC::C:1 7 of this drCicie. SEC:10:. 7. Aopeal to [he City Count i'_ Any person aggrieved 'oy the denial or approval of a Tree Removal Permit shall be afforded recourse of appeal to the City Courdl provided Chat sues appeal is submitted in wr Cing to [Se Ci t: Cler?: within ten (10) days of said action. Such filing of an appeal shall au [oma [ically suspend the permit issued until action thereon is taken b7 [he City Council. The appeal so filed sha 11 6e heard by [he City Council a[ fits next regularly scheduled mee Cing, at which Cine the City Council nay affirm, modify or reverse the decision of Che COnr,tUn1CV Deve loorant Director. In any event, the action of [he City Council on the ,,peal shall be conclusive and final. SECTIOA 8. Emergency b'a fiver. 'dhere a tree is deem fined by Che Cornuni[v Developm enc Director or des fig r.ee Co be a dangerous co nd i[lon requiring emergency action to preserve the public healeh, safety and welfare, ehe porn it requirement may be waived. An app lica[ior. shall thereafter be filed by the Community Develop men[ Director explaining Che ,colon taken and the reasons Eor [his waiver of pe refit. In Che even[ of an emergency caused by a hazardous or dangerous tree, which condition poses an i ^.ed is ee threat [o person or propert?, any member of Che Fire Deoar[men[ of Che City of Rancho Cucamonga may authorize [he destruction or removal of such cr ee without securing a perm i[ therefore. SECTIO:t 9. L'se of Explosives All persons engaged in felling or removing trees, and desirous of using exolos iv es Eor this purpose within [he City limits, sha 11 first o6 coin approvals Co use such explosives from [he Comnuni[y Development Director and the Rancho Cucamonga Fire Department, which approval shall E_ noted on [he Tree Removal Pet-lit prior to issuance of same by [he Com.unity Development Director. In addition, the applicant shall furnish such bond or insurance as shall be deemed necessary for the r protect ion of surrounding property from any possible damage which might re salt from such activity. SECTI0:7 10. Protection of Existing Trees Care shall be exercised by all find h•id ua ls, developers and co n[r ac tors wo rF:ing moor pr o-so rued ere es so [hat no daor~e occurs to said trees. Pr ec au tie ns to he take, shall be ou L'ln ei to the Ccmmuni C: Development Director or an ,;.pointed re pre se n[ac :e prier Co co r enc emetic of act A•i b: and sha li be subject [o Cu.'.nu nicy DeveLop~ent Dir ec tot's apcrova 1. • 5ECTI C}; 11. Pena ltv V}o lotion of any section of [his Article shall constitu ee a misdemeanor, pu nis ha'o le by a Eine of no[ more Chat $500 or by imprisonment not to exceed s i:< (6) months, or bo ch such fine and impr isonm enc. Each [r ee removed in . violation of this Arcic le shall consrl cute a sepa ra re offense. APPROVED and ADOPT ED ehis 2nd day of August 19 i8. 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CI'I'I" OF RA\CHO CCGIJIO\G:~ PL:~\~I\G bl~'ISIU\ .. ` i A I ., ITh:V; _ ~lJ ~ ~ , J TITI.f ~ , L\IIIISIT ~-SG\LE /s3 ,~. , R:1\CI IO C[;G1~IC)\(iA rrri.i~:, PL:~\`I\c~ Dt~'l5K)V Ex~~i~3iT:~Jsc:v.r. /sy ,!~ ~._ ----- - CITI' OF RANCHO CCCA:VSOIGA C~cn,No STAFF REPORT ~'~°~_ . x . , - ' GATE: August 7, 1995 ~~, _ '~ z `•6 z T0: Mayor and Members of the City Council - _ - ia_ '~ FROM: Dan Colem an, Senior Planner ~ ~, 3Y: John R. '4eyer, assistant Planner SUBJECT: ~ APPEAL 9Y APPLICANT OF PLANNING COMMISSION'S C ONDITIONS OF ~~'~ 'i APPROVAL FOR CONDITIONAL USE PERMIT 95-OB - VERNACI - A '' I proposal to locate a single trailer for a caretaker's ~I facility '.n a 'who le5a le nursery located in the Edison ~ right-of-way on the north side of Base :i ne, east of ' .Rochester - APtJ 227-09I-S1. 3AC<GROUND: On !4ay 22, 1985, the Planning Commission approved CUP 85- 09. At tha `. meeting, the applicant requested that the Commission grant ', them a 2 year period in which to continue retail sales from their '~, premises. The Vernac is explained that due to the nature of I wholesaling, their stock would not be ready to wholesale for another two ~ years. They stated that they rould not continue their business on a . 'v v~nl=~a'N ravel a' ,ic ~ 'he Commis5 ion amp r9vpj the CL10, • ~, ou[ denied the request for re tai sales. The Commission's deliberations i concerned the following point: the equitably between allowing a rot ail ~ outlet in the utility corridor without the full site improvements ~ -equ fired in a commercial district. Because of Edison restrictions, the ''. o roperty cannot be fully de ve looed to City standards in terms of parking lots and permanent huild inns '~~+ence, the Planning Commission determined I~ 'he use was agricu lcural, and cn at retail nurseries were not permitted I~ by the Deve'.opment Code. The applicants appeal requests a 2 year I extension on street improvements and landscaping. Because the alignment of Base Line has not been precisely determined, the Planning Commission ii required on 1Y a lien agreement for future construction of Base Line. 'he conditions ^equire landscaping and irrigation within 6 months along ~, Base Line. Please see attached Staff Report and alarming Commission it i4inutes. ' I RECOMMENDATION: IL is recommended that the City Council ronsider all input and ements of th is~eal. ~I ?S ~Ct Uily 5'J ~-1 Y.te/ i I Jan. n `~' ', I. Senior Planner '' j DC:JM:cv ~~ ~ Attachments: Le r,ter of appo =' '~ ~ Staff Report Plane inq Comm i';s ion M'n.~t=c ISr AFFIDAVIT OF PUBLICATION STATE OF ~AL[FOP.NiA 1 COUNTF OF SAN BERNr1RLI~O ~ ~s I '::?r :eraser _,dr,h:rch~:certifylhatl am the Legal Advertising clerk of THE ::Al~'i REPORT, a daily newspaper of general circulation, published u•: !;rc Gty u( Untario, County and Stale aforesaid and that the attached advertisement RANCHO CUCAMONGA CITY COUNCIL was published in said newspaper .._ ._ ~~....f ._ .. - _ -... IB Alt: Jalr CEr .^d5 I certify under penalty of perjury that I!+e fc~; egoiag is taste and correct. ~ /~~~ iSignature) Dated at Ontario,GWorniathu.-____._-=~tl' _.._dayot JULY ___,19_,_~ r~ U w e -wmm~n~ •n ..nlr~ h • Gh CIw4 ~O ~A ~.I N1[M C,~MAA. CNIITMI Ir~1i,nT. I~NIA en m. M ~ ~ \NM A IICiL. ~ „T w > m nNOnN~ wr~iar MbfNY TAUT. ash cl.n mxm iw.s. n0 rarnn • • ~ ; .> h C C c~ .Y cln of eancr;o cucAr,io~c,~ ADMIN!STRnTION George Vernaci - 1985 • 12318 Baseline J'Jii v JRJ Eciwanda, Ca. NAD 1739 PY 7i819~ID1llp211~213~4i516 S une 2, 1985 ~ ! The City Clerk City of Rancho Cucamonga P.O. Box B07 Rancho Cucamonga, Ca. 91730 REFERER CE: Conditional Use Permit 85-OB - Vernaci To Whom It May Concern: On May 22, 1985, I, the owner of Vincenta Garden Center, appeared before the Planning Commission requesting a Conditional Use Permit Co operate a wholesale/limited retail nursery located within a Southern California Edison right-oE-way. A[ that time, Che Planning Commission denied any retail trade and put a six month time if mlt on proposed improvemen es for this particular piece of property. Subsequently, I am requesting an appeal far 6o[h [he • time limitation on proposed improvements and the resCriccion [e a wholesale only business operation. Fallowing are the reasons ch is appeal is being made as well as my proposed al[ernaclve to help comply with the Planning Commission's requlremen[s. Prior [o relocating [he nursery in September of 19A4, I applied for a wholesale/retail business license with the City of Rancho Cucamonga. At chat time, I presented a small drawing showing what was proposed for [he property. A business license was issued Co me and I hegan making improvements [o the property ouch sa Rrading, water, sprinkler systems, end fencing. As of Chia date, I have invested over $15,000 [o upgrade [his property. The additional proposed improvemen to [o make this nursery attractive and to comply with the Ci[y requirements will run in excess of $100,000, Aa I'm sure you will agree, Chis is a substantial investment, one that will require both time and cash Elow. The general consensus of [he Planning Commission end reason for their decision denying a recall trade was: 1. That i[ would be unfair Eor us [o Rrow and sell at a lower price than our competition in the area and, 2. Because of Southern Californta Edison rea[rictiona, no permanent structures are allowed, /TG Page 2 June 2, 1985 In response [o un Eair competition, this Ss no[ [he case. When • we relocated Ghe nursery the majority of our wholesale stock vas sold off. Subseauen[ly, ve do noc have an adequate amount of general nursery stock [o wholesale. From the [Sme of propagation [o a marketaAle five gallon plan[ cakes app roximately three [o Eour years. Therefore, we still find i[ necessary eo purchase general nursery stock for sale. Ac [his time, we do not have a large market of nurseries to sell wholesale ta, nor stock [o supply them with. Secondly, although we can not put a permanent structure on the property, we are proposing a modular [railer which would be upgraded with decks, arbors, lattices, landscaping, etc. The cost of this alone will run in excess of $10,000 and these units, when installed and upgraded, are just as attractive ae a permanent structure. We would like to propose the following Eor consideration by the CS[v Council: A two year time limit on proposed Smprovemen[s, 1.e., street Smprovemen ts, proposed modular [railer with improvements, and landscaping with a review at [hat time to check on our progress as well as our imyact according to the development within the area. A limited retail trade (street traffic) for a [vo • year period with a review ac chat [Sme Co determine our Impact on [he ere a. By allowing us a two year period to work in, we feel we should be able [o generate enough cash flow to make general Smprovements as well ae an opportunity to eetabllsh our wholesale trade. We feel chat we Heald not be a detriment [o the area, but would help [o enhance St 6y improving Ch1s property. We also feel that in an area Chat is growing as rapidly as this that we would be providing a greatly needed commodity [hat will 6e of benefit to both the City and ourselves. Yovr time and consideration in [h 1s matter will be greatly appreciated. Should you have any further questions regarding this proposal, please do noc hesitate to contact me. Attached you will find my check in [he amount of $120 which I understand !s required to make this appeal before the Ci[y Council. I look fore and to hearing from you. Sincerely, cc; Dan Coleman Ce~r ge N. V~na c~ Owner • Vlncents Carden Center (714) 899-1729 /s7 C ~ . • STAFF REPORT ,~ -- ~_ , ~~ ~ ~~~ 19-~ DATE: May 22, 1985 T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: John R. Meyer, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT 85-08 - VERNACI A proposal to locate a singe trailer for a caretaker' s facility in a wholesale nursery located in the Edison right-of-way on the north side of Base Line, east of Rochester - APN 227- 091-41. I. PROJECT AND SITE OES CRIPTION: A. Action Requested: Approval of and Conditional Use Permit 8. ~P~ur os~e: To locate a trailer for caretaker quarters at a wholesale nursery C. Location: North side of Baseline, east of Rochester D. Parcel Size: 8.3 E. Existing Zoning: Utility corridor F. Existing Land Use: Vacant G. Surrounding Land Use and Zoning: North - Vacant; Utility corridor South - Christmas tree farm; Utility Corridor East - Vacant; Medium High Residential (14-24 du/ac) West - Vacant; Medium Nigh Residential (14-24 du/ac) H. General Plan Oesignat ions; Project Site - Utility Corridor North - Utility Corridor South - Utility Corridor East - Medium High Residential (14-24 du/ac) West - Medium High Residential (14-24 du/ac) /r8 PLANNING COMMISSION S'~"F REPORT C Conditional Use Permi~ ,5-OB May 22, 1985 Page 2 U I. Si±e Characteristics: The subject site is vacant and relatively level - _ slope from north to south. Vegetation consists of native scrub. II. ANRLYSIS: A. General: This proposed nursery is located within a Southern California Edison right-of-way. The Development Code allows agricultural uses, including plant storage and propagatf on, within utility corridors. At their February 27, 1985 meeting, the Planning Comniss ion determined that nurseries would be allowed under this designation. Because Edison will not allow permanent structures, the Commission also determined that only wholesale of plants grown on-site should be permitted. Therefore, retail sales of fertilizers, tools, pots and other non-plant items would not be permitted. The applicant requests that they be allowed to sell nursery stock to the public for a limited time to establish their market. Temporary caretaker quarters require the approval of a Conditional Use Permit. The trailer (Exhibit "C") will be in addition to shade type structures. No other sheds or buildings are permitted. . B. Desi n/Technical Review: The Oesign Review Committee has recommended approva o the project with the following improvements which the applicant has agreed to: 1. Upgrade the trailer with decks, arbors, lattices, landscaping, and 2. Provide special boulevard landscape treatment along Base Line per Victoria plan. The Committee deferred the issue of temporary retail versus wholesale to the full Coneniss ion for policy direction. This project lies within flood zone "A" (100 year flood), district as determined by FEMA. To mitigate this, the Engineering Division has required that the trail pad be elevated and or a diversion wall or dike be constructed upstream. In addition, all materials including the trailer must 6e secured to prevent floatation and possible damage downstream. C. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has determined that the project is categorically exempt per CEQA requirements. • ~s9 PLANNfNG COMMISSION S~"° REPORT Conditional Use PermiLt .,5-02 May 22, 1985 Page 3 III. FACTS FOR FINDING: This project has been determined to: A. 9e in accordance with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. B. Together with the conditions applicable thereto, be non- detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. Comply with each of the applicable provisions of the Development Code. IV. CORR ESPONOENCE: This item has been advertised as a public hearing in The Oai Report newspaper, the property posted, and notices sent to alT property owners within 300 feet of the project site. V. RECOMMENDATION: It fs recommended that the Planning Commission consider a 1 material and elements of this project. If after such consideration the Commission can support the Facts for Findings and Conditions of Approval, adoption of the attached Resolution . would be appropriate. Respectfully submitted, Rick Gomez City Planner RG:JM:cv Attachments: Exh ih it "A" - Location Map Exhibit "B" - Proposed Site Plan Exhibit "C" - Photograph of Trailer - Unimproved Initial Study Part IS Resolution of Approval with Conditions ~1 /6 C ~ HIG-NLAND MN MN ~ Q, ,~. l _I! tI M v ~: "' ~~ fi , ~ti~:a f 9! `~" :~a F r ; ^'-- "' rk Sl(b ~ MM 4 MN ~..4 M t L ,C3. ~~ it L o-..~.y t ~^ 3 ~ , ~ i r i sVITL[~ l ~I s~ ,.,,... ~ r ..~,~:''.:,. F t' ~~ ~ 9 4~ ~ "~y 9 i' RR I~ :~ J ~, ~''.'~.~~. ipW t ~~ ' N E` N .~ M~. M E C i ~ ~~ ~~;. to vidfww ~i. '3 or+.».~ . C F RR~ RR ::.RI ~ S~ . ~.•r; ': k..~T,. ..~i a:.+F I.S.. _ i •~~ ~ ~~ ~ R.e ~% NORTH CITY OF ITe~I: Rt11~CH(~ CL~~~'I~~~'~~t~1 TITLE LoCAT10t1 h1AP PLANNING DIVLSION E?CIIIfiIT+_~_SCALE ~*~ /6 / ~ C ~7 ~.~ N _,... ~. ', 3~ ,°a ~- J i\ORTH CITY OF ITEM: RANCHO CL'CA~IONGA TITLE SITE "~ArJ PLANNING DIVLSION EXHI[iIT: ~ SCALE: IBS /G ~- { ~- • NORTH cITY oz~ RA1~'CHO CUC'Al~I0~1GA IrE~t, PLANNING DIViSKaN TfTLE ~f~ii..1~tiA'r~-~='.. E~HIIIIT _~' ~LE+lb 9ce`~c /G3 ~ ~~ ms's ~ C C • RESOLUTION N0. 85 JS A RESOLUTION OF THE RANCHO C'JCAMONGA PLANNING COMMISS:.~J APPROVING CONDITIONAL USE PERMIT N0. 85-08 FOR VINCENTS GARDEN CENTER LOCATED AT TH'e f10R TH SIDE OF BASELINE, EAST OF ROCHESTER, IN THE UTILITY CORRIDOR DISiR ICT WHEREAS, on the 10th day of March, 1985, a complete application was filed by Sharon Vernaci for review of the above-described project; and WHEREAS, on the 22nd day of May, 1985, the Rancho Cucamonga Planning Commission held a public hearing to consuer the above-described project. NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: SECTION 1: That the following findings can be met: 1. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. 2. That the proposed use, together with the conditional . applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Development Cade. SECTION 2: That Conditional Use Permit No. 85-08 is approved subject to the following Condit ton s: PLANNING 1. The removal of all non-conforming structures and trailers within 30 days of this approval. 2. If a modular trailer is installed, it shall 6e upgraded with decking, arbors, trellises and landscaping within six (8) months of installation. Approval of trailer location shall be obtained from Southern California Edison. 3. Landscape and irrigation along Base Line per Victoria landscape standards shall be installed within six (6) months from approval date. /b Y 8250 iUt10^ `10. Conditional Use Per 85-08 - VERNACI l Page 2 4. Retail sales of nursery stock will not be allowed. Further, sales shall be limited to wholesale of plants grown on-site. Sale of fertilizers, tools, pots and other non-plant items is not permitted. ENGINEERING 1. That the trailer 6e protected from flooding by raising the trailers' pad and or constructing a diversion wall or dike up stream. A design for the flood protection measure must 6e approved by the City Engineer. 2. All materials, including the trailer, to be stored on the site shall 6e secured to prevent floatation and possible damage to downstream property. VED AND ADOPTED THIS 22ND DAY OF MAY, 1985. SSION OF THE CIIY OF RANCHO CUCAMONGA BY: I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho. Cuc amonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of May, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: REt1PEL, MC.'II EL, BARKER, CNITIEA NOES: COMMISSIONERS: STOUT ABSENT: COMMISSIONERS: NONE • • /(oS • • t ~ _ __ _ ' ' _ S ~5 _. I I I c ~ ~E e ~ LO 'G ~T _ c~c _ Qc _ v a -__ ' _;€a - -_ __ cfi a ~ e e~ uE _ e _ ~ y~y~ s ,,. sa ..,.4.- ~ e8a .. ¢.. .„fig", ..,.m Fc o.o~ a e~ ry ~ ~ N 3 E ~ k g C E a ~I d a~ ~~ - ~ & g _, g ^ M .i Ya; 8 a " ^~ ~I mi '~ _ ~`a e_ ig°Y' __ - __=€a S~ '-_ ~~~'$-_ _ ~~'FB - ;~-_ ag'--- _ -_~g~ _ $~ udv . ., d-,~,,,<..- ~~ „~i ~~V v F~ _~ V G O d ~ ~ - =- -- - _ °-- _ - - ~E _ _ _ _ __ _ ~E: __ _ _ 4 - - _ - . __ _ ~ __ _- _ _ ~ c~K a..+ _ _ _ - _- j " _ _ _ _ . 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I I _ _ ~ i I € I ~ - - w ~ _ _ _ _ _ ~ _ .C.. ¢a _ ~ ..~ ~.e o a c ^ . a= ..~ c ... <i J ~ ~ ~~~ N ~ ~ ~- ~I m Q ~• 'l ~ 7} ExLEnP - PL:,9N RrG CO NMISSION M19uT E5 - M„'I 22, I?85 • G. CONDITIONAL USE PERMIT 85-08 - VERtrACI - A proposal to locate a single trailer for a caretaker's facility in a wholesale nursery located in the Edison right-of-way on the north side of Base Line, east of Rochester - APN 227-091-41. John Meyer, Assistant Planner, reviewed the staff report. Chairman Stout opened the public hearing. George Vern aci, 9355 Lemon Avenue, Rancho Cucamcnga, stated concurrence with the staff report. Chairman Stout asked Mr. Vernaci to explain the need for retail sales at this location. Mr. Vern aci explained that it takes fro'n 3 to 4 years from time of propagation to have a marketable item and that the need would be to generate an income until that time. Chairman Stout stated that during Design Review, the applicant advised that the ultimate intention is to obtain a retail outlet site and then to use this site as wholesale only and for growing purposes. He asked what that time frame would be. Mr. Vern aci replied that he would prefer to have this CUP request reviewed in two years to see where his business is at that time. He advised that he would • first start working as a wholesale to generate the income to obtain retail space. Commissioner Barker stated that the Commiss ien had previously discussed the issue of retail sales and that a concern had been allowing people to compete in a business market and giving one unfair advantages over another by requiring or.e to function under all the rules and regulations of a neighborhood center. He asked Mr. Vern aci to respond to that concern. Mr. Vern aci replied that improvements on property which he does not own would be a hardship. There were no further comments, therefore the public hearing was closed. Commissioner Rempel stated that this request is the same as the policy issue which was previeusly discussed in that the applicant wants to operate a retail business without being in a retail/commer r.ial area. He further stated that without Lhe retail sales he could still raise plants and sell them to other nurseries and if the applicant couldn't make a living at that, this site is the wrong place. Commissioner McNiel stated that this issue will come before the Commission on several ether sites within the City. Further, that a policy decision had been made by the Commission that it was unfair to people opening businesses in retail areas and being required to put in all the amenities, and that the Commission should stand by that decision. Planning Commission Minutes -9- May Z?, 1985 ,73 Commissioner Chitiea agreed sand stated that there would be no 'problem in • operating wholesale, but starting out as retail and moving to retail facility later didn't sound like a wholesale operation which is growing plants for the future. Chairman Stout stated that the issue should be weighed that the City has long had an interest in doing something with the Edison corridors and that he didn't know of any way to make that happen other than this type of situation. As a compromising situation, the fact should be understood that it is difficult for these peop to to support two separate sites at one time and the fact that Victoria has not come adjacent to th ~s site yet; therefore, should be allowed to sell retail for a brief period of time to establish a retail market with a condition that they close this retail site and relocate the retail to a more appropriate commercial area. He added that the City would then have the benefit of a substantial portion of the corridor landscaped. Commissioner Rempel stated that there are quite a few plates along i-10 into Los Ange ies and the 210 through La Canada where there are nurseries that plant without retail. Further, that if this site is permitted Lo have retail, the same consideration would have to be given to everyone in the Edison corridors; therefore the Cammiss ion should stand by its previous policy decision. Commissioner Barker stated that there are no time limits for the installation of improvements, and suggested that a period of time he established. Motion: Moved by Rempel, seconded by McNiel, to adopt the Resolution • approving Conditional Use Permit 85-08 with the conditions added that no retail sates are allowed and that the landscape and irrigation along Base Line are to be installed within 6 months. Motion carried by the following vote: AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, CHIT[EA NOES: COMMISSIONERS; STOUT ABSENT: COMMISSIONERS: NONE -carried Chairman Stout stated that the retail use should he allowed far an established period of time; therefore, voted no. k R ! ; f Planning Commission Minutes -10- May 22, 1985 • ~~Y - CITY OF RAtiC1I0 CCCA~IOSGA STAFF REPORT ~~casrot .y~~ 9, >, ~~ _ ~ } '; Z le" CJ GATE: August 7, 1985 T0: Mayvr and Members of the City Council FROM: Dan Coleman, Senior Planner BY: Chris We stman, Planning Aide SUBJECT: APPEAL BY COUNCILMAN DAHL OF PLANNING DEPARTMENTS DECISION APPROVING TREE REMOVAL PERMIT 85-20 - TRACT 12532 - ARCHIBALD OC I. ABSTRACT: An appeal has been filed by Councilman Dahl on behalf of neighboring property owners concerning the removal of four Eucalyptus trees located along the west side of Ramona Rven ue, near Monte Vista Street. This report provides background information, statement of intent of Tree Preservation Ordinance 31, and recommendations should the Council decide to preserve the trees. II. BACKGROUND: On January 8, 1985, Pacer Homes submitted a Tree Removal Permit No. BS-02, to the City Planning Division for approval. After site inspection and tree site plan review, it was determined that these four Eucalyptus trees would be preserved out of a windrow consisting of approximately 29 Eucalyptus trees. The approval of the removal of the remaining 25 trees was due to their location within approved street improvements and building pads. On May 15, 1965, Pacer Homes submitted a Tree Removal Permit for the four remaining trees on Tract 12532. Three trees are clustered in the front yard along Ramona, and the fourth tree is located in the rear yard. The reasons given for the request were: 1. The original placement of the driveway on lot 4 was relocated further from the intersection, for vehicular and pedestrian safety, thereby conflicting with the position of the trees. 2. The trees are located where a grade change will be detrimental to the health of the trees should they remain. 3. The potential hazard to property and person of the species Eucalyptus Globulus (81ue Gum). ~7r AFFiDAV1T OF PUBLICATION STATE OF CALIFOp.N{A CDL'N1'YCFSANBER1'ARDI\O ~ ~s I, .:en '. _rner ,.fn h:reb~certify thatl am the Legal Adverttsing clerk o4 THfi ,:^!? Y REPDRT, a daily newspaper of general circulation, published in ;;u Giy of Untario, County and State aforesaid and that the atbuhed advertlsement RANCHO CBCANON6A CITY CDUNCIt was published in said newspaper ..__ _7. t ' -c __ , __ _, __ ___._ lovtt: Jdlr ~Ee i)d5 I certify under penalty of perj~ay that .he fc:c;;oi~lg is true and correct. `~~J~~ tSignaturel Dated at Ontario, GUtania thu ______._ _~ t!'-~__ day oI _~~_ J4LY 19 ~. v, d fue,Me1~U ~n wnip ti M CIh CierR. 10 !m NI. i 1Nrtp CvGmYq~. CNIIerM~ I~ ~,ro.Tn;m m m, eoeul mgr e• unnpa ~v1+~M Im nnm 0.~ in`mm,. na sn. i,,.~ti we. W IM !. v ee Mleenep AI~IY1 IM N Nq TMIeN. ~..wn. I•Iplw rw~i.e~~n a ~ lalsti~ LJ • ~R7A CITY COUNCIL STAFF REPORT Tree Removal Permit 85-20 August 1, 1985 Page ~2 • Upon submittal of Pacer Homes application for Tree Removal Permit No. 65-ZO (the fifth permit for Tract 12532), Staff requested that alternatives to the removal, in favor of preservation, 6e explored. Rfter consultation with tree arborist, Alden Kelley, the applicant felt that there were not any justifiable or reasonable alternatives, and that the removal of the trees was the only solution acceptable. III. ANALYSIS: The purpose of Ordinance 37 is to encourage preservation of trees and vegetation within the City, on Drivate as well as public property. Preservation would be dependent on a redesign of lot 4 in order to relocate the driveway. The grading fill would require welts (i.e., retaining walls), around tree trunks. The possibility of reorienting the house on lot 4 toward Monte Vista instead of Ramona might also achieve the same goal. However, such action may require a variance in order to comply with setback requirements. IV. RECOMMENDATION: Shou td the City Council decide to preserve the trees, the applicant should be directed to work with Staff to revise the site plan and grading plans accordingly. OC:CW:cv n Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" - letter to City from J. Head, Pacer Homes - letter to City from J. Head, Pacer Homes - Tree Removal Ordinance &37 - Original Site Plan - Revised Site Plan - Appeal letter to City from S. Bradford - Phone message from A.D. Wilson - Letter to City from T. Day ~7G ( ` !ay 21, 1985 City o_` Pancho Ncartr~naa 9320 Easeline Pancho Cucamonca, CA 91730 PE: Tree Femoral Pewit X85-2 (Four Fataining i7ees) Dear Nr. c<esrnan: Ln resprnse to the tree ra;nval permit dated January 8, 1965, °85-2, con- cerniac tt:e four eucal}~otus trees, anti the City's orohi5itirn their • ( removal: 'the three trees in t*.e cluster at the east end of the erindroa will be in the area of the carace and driveway. 'ibis unit is to be flipped from the ozicinal site plan to achieve a more visible entrance. Also in the azea of the fwr eucalyptus trees, there will be awroxinately four to six feet of fill dint. It is the General consensus of tree experts and arborists that a tree cannot survive this depth of fill dirt. Sincerely, PY ~`D ?]C?rt~f`, TrC Jon ° E'ead Vice President C~nstmction Operations J:Ui/rtm June 27, 1985 Ctsis Westman Planni~c Aid Cit}• of Rarck'~o Cucamonga 9320 Paseline Pnad, Suite C Fancho Cucarrmnga, California 91730 13E: POUF2 E[iCALIYPiiiS 7REE5 QV TRACP 12532 Deaz Mr. W'estman: We have requested that the 4 raaininq trees on tract 12532 be • rmoved for safety reasons. it is our understanding that. the City of Pancho Ncamonga agrees with Pacer Hares that these trees are potentially hazardous and sMuld ]re removed. However, it seems that two of the neighboring properties have influenced the City. 7b find a way to save these trees we feel this is not possible. Professional opinions on tl ~e hazard of these trees has been sutrnitted to the City. We feel that if the City requires these trees to remain tl,.,,, they must recoaniae the potential liability for property damage and bodily injury which may occur. Sincerely, PPLFR H06'1F~5~^ L~~(~G~ ' Jon F. Head Vice President Corstructior. Operations JF}i/clc e0'. Nofl?H YA9,.:.','.I6~ I: dl\~~ i78 1 L ngnn:m:c.E an. n AN uRDi ~:nna: Dr urr. nn' cun•:r.[1. nr Tnr. a:Y OF a,r:rnD Cepc51^LA, <d Ll l'OICa A, rERTAINC:f. TO 1111'. PRI:S I:RI'AT III;Y OF TgEES OR fR [['ATE P0.DfEMiY. T!IE CITY LOJNT O. OF TIIE Citt DF ryC: pID C.. CIt IT:LA pOEs Dwncn As rol.ors: r 1. DE::ERAh sELTI C'1 t. [nc rn[ and Pv[rnse. The pnrPr:e n( this Ord iuance i< tm encmm.+Fr pnmrrv.¢inn of trrr. nnA veFe wtlon ui[hin thr Gi [Y of Rancho Cacamonpa nn Pr ivaro as vrll n< Puhl is propcrz Y. [I. PgFSi.RVAT[ON OP TREES Ox PRIVATE PR01'ERTY sEQros L AlT llcahlll [y +ne sim Crtecrin. The rmvis tom of this Arttelc sM ll arply to nll true n an.' drr:•LVn`II vndevelepeA Pr ivnro Property utt6ln Hw Clty nr P:mvhn enc..+m•nrn.,. /rr thr Pnrpnxa of [Ili< nM inaum tree <hali mran [ree• Plan[, <IVUL nr n[hvr slm(Inr rn[n of v[c YOatinn uhirb mrr[ [hn /ollmr LrR rrt[rr in: ff) Au motor plan[. to <a[<<a nr evens (sn) trot a hrlRht anJ M1amin< + ainegr [funk clrouq(<renca of [ven tY (20) lncno or wore. (h) lhA Cl-vunke hnv Lrp n en tni rtrc umrrrrn<e n! lhi r[v (lOq I n<)rr< nr more. At mea murfd emrn[Y'farr (24) Inc hem f[m+ AtannA revel. (c) tn`rr vb ich are (nllt or ret hrnrln0. and rnmmrec lai nurmrrc stock shall he exduAwl [Trm the pnrv lx lass or ehla OrAimncr. C EEGtDN 2. Perm([ f<Nu1reU to remove treo. No person. firm er rrrpm ratirn nhali rot dnvn, m , Aa•n erne m h-.alr:•r asp [tee Frpv(ns vie Aln the CttY Ilm Stf vtr hoot flrse hnv en6 nirtainrll a Tree Removal Permit from [he CI[y. S EC'f0_]. Prrm (r APPllutinn. Application frr <nch permit wnU hr mndr en the Cnmmrm iey Imvrlmrnan[ ntrertm Ar Dlrecro~'s dnlenee. Sa td nppl lenHnn ehall costa In the fa ltmvln8 in format lnn: (+) SPrcf a< n( trer(e) under <enn idrr.+e loo. (h7 Vnmhrr nnA eb.r (.nPproxime[e hr le ht nnA rlrcnmfrrrner mra<u rrd i4" bvw ErmnW Irvrq of 4cu(sl nndrr [rn.<Id rrA[inn. fC) A xta tCT Cn[ < lm fro arrr< InY YI TInV.II. (I( [YCI• I\ rl i~: r ~.1 Xr'rl, .l F'r ltl Cn F(.t[rlrlrn[ M1y J Iif l`IIr CA .l rhn(Im[ rtAt 1111: Il.r t rrrr mr the dinnwr.) (U) A Pnl I•I+n alr~n: lnr, [hr .lf lvn.. im,r M1• L...,1 inn n( .III lrrr.r nn cil r, mrLuilnn [hoar prnprxrd .n rrme to illq. (e) Pnron<I'II mrr ll(M of mm~vll. ~ M ~X1~~ G '~, ,a9 • • I 1 \ ~ ~-/ /' .e6a . '' a~ 1 SF.CTICP 4. Prrmi[ een firatinn. urnn rrrrlrt ..t rlrr nrrr o,l mn, urr rnr.-mlt. nr:.nt„r,rrn[ mrrr[nr nr a<.:Irna•r xlrril invei[rrntr the xite and rvnlua[c tM1e .Tplicarlen rm <br ha xl< nI the fol lovin6 41t<rla: c+n (a) Nbr[hcr or rxt tier [rcrfq <nn ld pe Prr+r rand by Pruning rather than r oval. (b) Mire<her or not xnrb tmr<(x) con attune n xlPn It icnne na Corn! [rsou tte mf the City of Rnnci,o CuenmmP.'r. (c) Cene cal tend then qnd Ixal tlr of the treP4 ). (d) lndidrncc of any znfrty Iw,zard to rerxanx. ndJ.a rot Prcpcr4Y nr utl ti p• inset llgtlonq. (<) Prnxlm Sty anA mrml+w n/ ut her [sera In <Le a9rinlty and the ah llfty of the wil to nd cqua[r Ly mPrn r[ exls[inP ' veRe tatlon. (R Thar effect of tln• tree rannval nn the PnM1Lr brnl th anJ xntrn•. and the 6<neral velLzre aM acuhe[/cx of tlx uce. SECT f09 5. tsuraxr of Pcrm lt. Subsequmc to .InvexN gaff on, the Crmmmmicv Oevelnrmrnr Dt rrc mr er drxicnee mqy approve tha• Pnrmlt for the removal of alt nr w of dre tr eea InclnAeA In the gprtlucf on, and may attach eonAle ienq of rmmpl lance qM1 deemrJ nrernggrY er crntnrm vitb tine pr eecribrd <rlw[la. In<IuAln[ I•nr net liml rod to rbt rrlQacrmN+c of ehe removed trcr ar vera vl[b r axrn.tltlv egrdvolcnt err ln<ement t teen. I( In [he op3n ton of ehe Commrn ltv Dwelmm~rnt Alrec[vr the rrnoval of tree o[ er ws Ineh Jrd In tier arpl lea[Inn vrn lJ Prndncr a giPntf franc Impact nn ehe env tromnrn t, tlrr .+nrl«at ion may br fnrva rAVd to qtr Plannl nP Cmmal axi nn frr rev la•v arM aetlon. Prmita ahnil br of lcctivr tan fl0) dnvs at[er arPrawl and scull br a•q 1lJ (er a nevfod o[ 9A day n, srb.i etc to a 90-daY r enwal ter tad a the ape llcant'a requmt. SECTSOV R. Nn [fl Station nI Approval UPen aPP rmval rf a irar Praoval Prrm tt. th< Crmmnnt rv Urvelnpmene pl rcctnr nr dealEnec shall immred igtclr Flve notla• [o the nrrlm rtv nvnern aJyninh¢ tlm <ahy<a Prongrp• chat arAr Trre Temwat Permle wax aPrrnved and in•urd and prat such term it all! hrrnnr rffrr HVr tmr (I n) r otter the date et Sts arprrval unloa aPPen lea Pu rfnan[ to SECtIOY l of tb lq Ar tl c le. SER {OV ]. APP eaI m ehe City Countll Any D<raen a6Rrlw<d by ehe denlaf oe aprroval n(a Trre grmwnl Petmlc xhnll be a[tr rdea rewrrree of aPPrni to lhr CStY C.nmc 11 Pmvldrd slut arch nPreal tx aubmte[rJ In vr1[lnR to the CItY perk vlehin ten f10) daYm of as ld action. Sueh tll lne of nn gDPenl alnll au«rmar O:a 11Y auaPaM the r<rm It Lenuea une 11 PcU en therron /n token hr ehe Clty epnm ll. The aPP<gl an flla4 shall be het rd by the Clty Cmnx it nt [ta next rePUlar ly uhednleJ meet 4,4, at vb ich time the Ci [v Cnm<11 m v :aff lrm, wnJitY nr revery ehP Jec Lal nn of rle. Gmmnml n• Rrvrlrrmrnt Di rcr Urn Lr nor wen e. the actfvn of th¢ CI q' Cnuncli on eba apregl shall Irv renrlm lye and flop 1. SECTION !. Emrrpenq' Wnlv<r. 6lrr rr n trcr I: detrrm Sorel In• Ihr fr,nnrmity ravrlnl•mrnt hi err [nr nr dea lqm a [n be a danR Stone omditlnn rognl ri nq emvrRrnrv .tttinn [n per ae rvr Urn Irnhl is hr.r lrh. savoy .nd .;rl [., rr, Ihr err nil mm~r lrrmmt r hr a•rl. nrr .n•pllr rl r•. <h.ni nr,~r r~nn.r Iv rur,l Ire nrr rnrmrnrrny Orvvlnrmrnt Pirne eqr r•I•In ire l r,n the .vtb~n taMrn and Um r<,, cone for tlri< vrr n( rrrm;e. In nrr r ern ..r rr xrd Icy ., b.r rnrnrnr. rr da:rpe erns tree, mrirh r~neVir mn Ir,r.rs an r nrJ lair tnr rat [u err nrn nr Prnnrrtr. .Ter rrmlmr of tlrr Frtn nr I•.rt tar.u of for 6itr of o. vlu• Cur anrrn...a m mtlrnrlae the Jextn¢t bn ar rrmvv.rl of .ucb tree vi tlmm w<n clop n rrrm le ehvrrfnrn. '~-~ ,g o i~ I ' Ilea in.lOrr )lU ~ ' i SEC(IO_! 9. 4sc oC F.>:p los ivrs All i+eranttF rnlcaC.ttl in frllin{: nr ramnt'in,C rn•r:• and dt•sirnus of using esplns ices fnr [hie purp++sv witl+in the City' limit+, shall fires obtain npprovnls to use such c>:p lnsivrs (rmm the Cnmmnni [Y Ptwnlapnl.,q Director and the Rancho Cucnmmtga Ffre Drpartmrnt, which approval shall be noted nn the Trer Rcmnval Permit prim- to issuance nE same he tlw Community Drvel npmene Director. In addition, the nppiicnn[ sball furnish such hood nr insurance as s1;a11 fir dttmrd nrres.anry fnr Uu• R prn[rc[inn of surrmmdinF properly frmm any poss ihle damage which might L^ I result From snclr ac[ivi [y. SECTION 10. Protection of Fs ist3ng Trees r Lore shall hn rxnrr ised Ay all i~div ideal.., developers and ennt ren ors work lnF near preserved true sn chat nn (i.nma}.tn occurs to said [rees- Prccautimts to he taken shall he ouClinwl [n [hr Cnmmnni [y Drv<•Inprn•nt Director of mt appointed repr csrntat ivc prtnr to rnmmenarmrnt of art ivilr and shall he subjecc to Cnmmunicy Development Director's approval. • SECTION 11. Penalty Vl ales[ ton of any section nC this Art to to sllnll cona[itu to a mi::d+mu•.nunr, punishable by a (Inc eC not more Chat $~t1D nr by impr ismtmrnt not to rxc sis (G) mnnChs, nr hc+t It .aurh fine and fmpr tsrnmrnt. Each tree rmm~v<~,( i. C violation of [his Artielr shall conseitu tea separate offense. APPROVED and ADOPTED [his 2nd day of AUGIIaC 1978. ` ~~' fiyor V ATTEST: l-•_~- Cfty Clerk • ~~ !+ ~d ~ • ~• ~ ~`] ~' ~ C'1' ~ <~~ ~' u - -- - :; f' .I _~)..-y r , ~~~ ~ ~iI~IJr'~II~ ' it ~i 1~~ __iii~T~ :i;. 1i r- ~ - ~•~ '~: ~~ - ` 4~ ~1 ~ ~ is i~ i' .n i ~ 1 I1~~ r~ r4-.w~--~ .~~~~ ~ ~Y' 1 -~-. ~^~ N i ~~~-~ ai • i= F~iyl~ i ~-~~i ~~ 1 r+.~ L~F_-~1 TyI FFV- I ! ~.~-: I-: I 1, l aI{r:~ r - j- '''V~~li,Ji '~L:J~i.L~J I''~~~~' ~\ \~~~/~l III ~~~ l • I a .]Yrui ~_• 11 3 '~~ ~•`-~'.~ '~ r*~-r i.,~, ~ .Ilea a~~ LI I ii ~ .-~~ I I ~ edi Ue f~~~ _ I I~ r I ~~__ e ~I~I ~:e...j~ ~ ~ > ~. ~I ~~I ~I v L11 iii ii 1 ~ ~ _ __ Z-- ~.1 ~r `P` f~ IrILI ~ e ~i :I i ~ J !~ f~ j r ~,i,i7 I ~ _"__ ^~ ~~ III ~ _~~~ ~~``/ ~ I~ ~_~,~•I~E'-]~-~ '. v C ' ;~ r. III ~,L_J'~il a~ r a F~ C~ fi rl~' ~~' I r -- _ - ^ ~ T~17~ ~ /P> ~. ~ J ~ -; ~~ I -"f___f-T-~.---' $ IIii ~ ti STREET - ' ----- - ~ ~a ~ o ~ h ~-e ~ ' _ w ~ u ° l- j ~~ I m iNll~ __- St ~4 ~ ~ i ~ 3 i ~ ~ ~ r=J ~ , ~ I ~__~_t _" r90 ~ 7° 7B ~N L'e G 4_. _ ,:: ~ ~ ,! i' I / i- / ~ '- ~ Q v ~ / ~f ' ~I~ ~ I F8_a ~ l~ --- 'L .. L_ - - ~ 1 . i / ,~i° ~. i i ~ I I ; N !a Vl I I y <' ~ ,I ..~ 4 ~ ~r ~ I L~ ~-=-•J ~ ~~ ~~ s ~;~~i.~ I ~ ~ LL J ~~ ~', ~ i F ~, --- -~\ ~l~ rl~~ ~/~ I~y ~ f~YY "' /83 i i j 4 ..~.A 'mow ~~ \ C~.~suo- 'bunt 1~ r~o`c~, •;w,.. ~~e_ ~SVV~o.~~i~ ~.v~D ~.9_~ -~c~~aaY~_ c~~av~l`~ savt, o'~-'~L~-~~ ~osA~.. \~c~snr~a7~ 1 ~~v o.,~s~ ~~ c~LJ~ cam. ~. \6 o,,<,w, ~~- ~, n To ~. ~~\.{ T., n J Uxte ~=-~~~ Timc 's WE;ite You Were Out M 1+000 h1r ~~~..~ of Phooe ~.Q 1555 `- AREACODF YUM6ER E%TFH510\ TELEPHONED PLEASE UIL CALLCb TO SEE VOU VCIII CALL AGACJ ( ~ N'1nT~t0 SEE YOU' VROENT RETURNED YOUR Gl1 Mess e X11 • CARDINAL <C ~ r~-/~ ~ / ~v'w • ffff ~~ N ~1~ ~~ ~g) n u ~Om Ya~ REC MAY 91485 ~ fi~ee Serai~e . /~:: ~ 1~~„_ i~c ,~~ o Lcenuc and ~ ~ ~ ~ 768 C g _$G 4abSim lneored ~ -] J 1]1016t9~6960 ,~, i. 127pry lfemi~7 •a 350 • Pomona. CA 91168 . . _---~- ~IJ S',d`tt\. \-C `~tvla\) C~O+'T1 C Q"C'fl ~.`~, C¢ 4~cc d~c 't'om 't~.114 't ~N~c' ~~,cc,~y pT~nS JTSr;c.~~ ~y Q~a,•~at,°~ ~V. f Iq ~ Y~Csz: ~t-sc~r~'S ~~ `oac`G rs .~~nx~ qs b1Ne 8<;~tt s~so~5 ~N;-T~ Scovor ss~T r` ~ a,:-~' over -cue 'c,o~ersw,~ CJcov~ti,~ I~ l i 1 K n ~XFtt~IT H ~y4 CITY OF RANCHO CUCAMONGA STAFF REPORT ~~ • • DATE: August 7, 1985 '~" }'_~y a ~C T0: Mayor and Members of the City Council ~_ ~> FROM: Dan Coleman, Senior Planner is BY: Nancy Fong, Assistant Planner SUBJECT: AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF DESIGN V H N - with con ition that t o roo materia a changed rom asphalt shingles to concrete tiles. BACKGROUND: Tentative Tract 12532 was originally approved on June 20, l~by the City Council. The approved elevations consisted of asphalt shingles and clapboard siding. On April 15, 1985, the developer reapplied for Design Review of minor architectural changes to the elevations. The Planning Commission, at its May 22, 1985, regular meeting, reviewed and approved the minor architectural changes with a condition that the roof material 6e changed from asphalt shingles to concrete tile. Presently, the first phase of this Droject is in plan check process. The working drawings and structural calculations in plan check are based upon asphalt shingles. The applicant is objecting to the delay and additional cost of construction to change. The Planning Commission's decision to upgrade the roof material to ti le is consistent with their policy to require high-quality roof materials. In the past, heavy architectural style shingles have been approved, but the Commission has been disatisfied with thefr appearance. Hence, all recent approvals have been conditional to require traditional Spanish the or more contemporary flat concrete tile. A copy of the May 22, 1985, Planning Commission Staff Report and minutes has been attached for your review. RECOMMENDATION: Staff recommends that the City Councfl conduct a pu611c hearing to consider all materials and input regarding this project. DC:NF:cv Attachments: Letter of Appeal from applicant May 22, 1985, Planning Commission Minutes and Staff Report Exhibit "A" -Location Map /87 Senior Planner CONSENT CA!ENOAR DESIG'1 REVI^d OF TRACT 12532 - AR CH18AL0 ASSOCIATES - Reapplication for A • . des ior, r?view of minor architectural changes to the approved el_v at ions f for 102 zero lot line homes and 9 single family homes on 14.5 acres o land in the Low-Medium (4-S du /ac) Residential District located at Monte Vista itre_t, he two?n Archibald Avenue and Ramona Av en u? - APN 202-181 -05, D5, 15, ':5. Commiss inner 3arker requested removal of item A for discuss inn regarding the f proposed roofing material. He advised that he had a concern with the use o asphalt shingles in certain areas of the City. Chairman Stoat advised that he would not be in favor of approving the design re'aia',a Jnl"59 .^,~i9n n9t °_x'131 i5 7p,~a-loll, Commissioner Re~npel stated that h= did not share t'n at concern and felt that hich is passed it , w requiring tilt roofs adds needless building costs to a un cn t0 the potential buyer. Motion: Roved by Stout, seconded 6y Barker, to approve the architectural to be upgraded l i i s a revisions with an added condition that the roofing mater atible with surrounding units, subject ld he com p to some type of file which wou the City Planner Motion carried h,y the following vot=; l b y to approva 41'ES: ,grq~nt >$I'T."RS: STO:I', ~iAR~~ER, '-0C^i='., CHI TIER NOES; :DMMI SSiONERS; RE!4P EL • ABSENT: COMI4i `,S LONERS: NO'!E -tarried * k * * * ?UREIC HEARi'lOS CONDIT IOIJAL USE PERMIT 81-10 - LAMB OF GOD LUTHERAN CHURCH - Review and B . consideration of a time eztens ion and conditions of approval for an located at 9513-J Park i , , ness ex istina rhurch lorated at the Cucamonga Bus K, Business Center Drive. Dan Coleman, Senior Planner, reviewed the staff report. Chairman Stout opened the public hearing. Chdirm an ita9t a5~:2d °.. the dppllCdnt 'would ad dr?55 the 15511e of the pan 1C hardware. J`•'^• Ham S, repr9ct~ting Lamb of God Lutheran Church, advised that, the San is 120 i i th n hardwa ~? had been a bud g=fed item and would estimate installation w days. •'annin; Cramiss inn Minutes -2- Ma_v '2, 1945 /8 8 ~- ~- ., , G~e~:tl ~ ~. ~ ~ ~ , I crty of e~n~cr.o cucaracnc~ I '~ ~. I '~ ' I ~ JUNG 1985 ew yr 7r8r9 ilOr11i12Y1 r2i3r4r5r8 June 3, 1985 ! cit, clarl: C it}• of 3anc no Cuca:.ronga i'.e: ~\~1ea1 oP ?lanning Co;:~aission elp royal of ;:ay 221935 Trace x12532 ac her e::y a,seal cne Planning CouL:.i ss ioas a:proval of Design P.evie::-::i nor :,rcu itectu ral Caanges to the no:aes to oe built in Trace=12532 with rile conGit ion brat the roof my aaterial to ~c uaad on 311 the homes De changed from the oriy iaally a_~rova:i,reavy coa_osition shingle to concrete tile. Tire accnitectual aodif icat ions mace to ouc homes does not :arrant -..a ?lanning Comr::i ssions action. Tae ao:.es nave been carefully ded igned L-or people wno wish to puccirase an afforuaety pcieeu no:ca, upgraded with many of the sane f natures found in ho:aes in the higher price:: :rove-u1 aarket. Special attention tras been given to strop; extorioc . elevations uita extent ive use of wood siJ my anu windo;a t rea c;,~ents. Front yard landscaping will ue included r: ith rue purchase of each ho.ae. Furti:a..~,.o re, sire Yromes have been desig ne3~ enc, ineered and wo r;:iny crawinys co,•~pleted based on the ori; finally approveu use of reavcy composition the roof fine r;raterial. To change the :aaterial to concrete tale will add considerable costs and delays to the development of our project, and poss idly preclude us fror9 using our commitment in the City of Rancho Cuca:aorga ito rtgage Revenue bond Ptogcam-1984, :7e request that tine City Council approve tae Design ..".eviaw a:c:ritactual changes with the use of wapos it ion shingle. A~2C:; LSGLD i~uu"iCIdTi3,a lir, filed partnersaip 3y: Pacer Jevelop:aent, Lrc., Genaral Partner aY ~ _ _Pres id ent • BOr NORTH PARNCENTER DRIyE, SUITE Zfin. SgNTA ANA, CALIFORNIA 92705 pNI5N~7795 /~' 9 C C CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: May 22, 1985 70: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Mancy Fong, Assistant Planner SUBJECT: DESIGN REVIEW OF TRACT 12532 - ARCH [BALD ASSOCIATES - Reapplication for design review of minor architectural changes to the approved elevations far 102 zero lot line homes and 9 single family homes on 14.5 acres of land in the Low-Medium (4-8 du/ac) Residential Districts located at Monte Vista Street, hetween Archibald Avenue and Ramona Avenue - APN 202-181-05, O6, 15, 16. ANALYSIS: Tentative Tract 12532 was originally approved on June 20, 4, by the City Council. The one story unit was deleted by Council because of setback problems. The developer is requesting approval of minor changes to the front of the approved elevations (Exhibit "B"). The proposed changes to the elevation feature a variety of roof lines, height and window treatments. The Design Review Committee recommends approval subject to the original conditions of approval for this tract. II. RECOMMENDATION: It is recommended that the Planning Commission consider aft material and elements of this project. If the Commission concurs with the Design Review Committee recommendations, approval of elevations through adoption of the attached Resolution would be in order. Attachments: Exhibit "A" - Location Map Exhibit "B" - Previously approved elevations Exhibit "C" - Proposed elevations Original Resolution with Conditions Resolution of Approval ITEM A 190 I ` • ~._ L_- I = ~~ M ~ m REAR 1~ ` C ~\ .RIGHT ~ .~ 1 ` T art ,.ate I noo ~ -14'ICi7J +-r 4ERRLE ~~ 1211 SO. FT. -/~`i ~ NORTH RA~CI-IO CLCA~'IO~(,A TITLF•. P~E.d/arK U~D ~l!}TI1/~ PLANNING DIVISIQ'V EtHIRIT ~~~pLE -- is~ C - ', LEFT ~ c: , r'.m~ . l- ^ REAR s o~ 7 . /\ RIGHT L_,.e C (((\~ /a ~~ l R ,~ ~ r ~.: i ~I~~ 107 SO. fT. ~ "aw ae _ r ~ ~ A ~ KORTH C CITY n1' irr~l: 25~ R.-1\CHO Ci;CA~iO\(~t~ TITLG,~/~~ PLANNING DIVISION e\HIBIT u .~~'~,\LE~ '-' /9~ ~~ m ~ -~ ~~ ~. REAR Y~ `, ~ ~^L~-'-. RIGHT ",.. • C C ]Yd' ~.r,~ ~~ YYYY _l__~ ~~ - ~ d.e °." w,:.~ ~ ~,~~ ~: ~: - ..o~. ~-~- r ~ ~ eu~ee ~x I I --- .. _ / h ~~ L ,~" r ~ ~ 000 r,~:.~ ~~~~ ODD ~~ ,as, so. Fr. J'~y ~v ~~'. A ~jf,'~ 4 ~ emu. V nORTIi crrY or ITI:.\I:-~y izti~z '~ ~t1~Cl~~ Ct,~~~j~~~r~ TITI.1: ~f~ S_i4~~`,~ PLANNI\~ DIVISIOV ~xInI;IT: ~~ NSG\Le ;ys 1 I 3 '- -~~ '~.~~ --o _ r ~ ~~ ~~ ~ __ ~ Y; ;i 3g i;j~ r 6~i o 3 ~9y ~ i V ~~~ • • _ sl.w .x ~+ ~~. ~~- ' ~yw: j' -iR ~" .:'.~:d .:r !n-''`, "~', _x_-'~; i .Y` !'tea ~,h• ~ 2%Y +1 ~6a ~. ~. ~ y~ .'~ i~ ~ i,~k ,~- _i.i.i]J~wa_i t ~+~ Vow-S~} .s _ ~~ - . ry/~\ ~ d ,, E- , .~g_Q~~.A."` ~ ~ _ ...+1 a r jai 3 ~ ~ d i~ ~ __i e _ 3 ~ ~i.~_ •i•~r __. e ..____... .._____.. n /9~" V K-.Z may" ~ .,3 ~? ~r ~ .. :... r. fR - ...fib ... 1pr:u __ -.~ LL ~{' rs. •. .. •,-~;S v„`F ._'i~r~.'~I Y~~ r';:?:'- ~ '_%y"i~•S :f ~;a _- -~a 'ss`"y~ ' ~ ~~ 'Y4 = r3~:'~ a 4f. oru << m ~~ ~ t>t h ~Yl• (k r M r f F ti y 7 ~~ ~; ; j { .A /, r J~M ~ v ~~'r~; 1 /~6'~ ~r 1~ 3 1'~.t'n' ~/3 ~rr 111 `t~'~ti. f i y bl~~ t Fj' l 1\ S ST.'~~ ..~ /v~C C r` ' 3, i ~" ffe. ~. .J I~N 'rV ~T}'~ \y~~iM I r I Y"~rr .{ d~y, .ap : ~ err ~ ~~~ ~I V .n •i.~yd .~. r ;:~~ -__ -... -C:a / I ~ ~ .,q I \ ~ - ~~~ ,. ,~ 9 _ _ ~ I H~ ~ • .e _ ~ ,3 ~ _ j ~~ udr i ~ ~ nr~ a .r Fl /9G RESOLUTION N0. 85-70 A RESOLUTION OF THE RANCHO CUGAMONGA PLANNING COMMISSION APPROVING DESIGN REVIEW FOR TRRCT N0. 12532 LOCATED AT MONTE VISTA STREET, BETWEEN ARCHI8AL0 AVENUE AND RAMO;JA AVENUE IN THE LOW-MEDIUM DISTRICT WHEREAS, on the 15th day of April, 1985, a complete application was filed by Archibald Associates for review of revised elevations; and WHEREAS, on the 22nd day of May, 1985, the Rancho Cucamonga Planning Commission held a meeting to consider the above-described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following can be met: 1. That the Droposed project is consistent with the objectives of the General Plan; and 2. That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and • 3. That the proposed use is in compliance with each of the applicable provisions of the Development Cade; and 4. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: That Design Review far Tract 12532 is approved subject to the original Resolution with Conditions, original Standard Condi lion s, and the following condition: Roofing material shall be concrete the subject to review and approval by the City Planner. APPROVED AND ADOPTED THIS 22ND DAY OF MAY, 1985. PLANN NG COMMISSION OF THE CITY OE RANCHO CUCAMONGA ~, BY: ' ~L2y.~Nin, Dennis L. Stout, Chairman iy~ . -~ ATTEST I, Rigk Gamez, Oeputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of May, 1985, by the following vote-to=Nit: AYES: COMMISSIONERS: STOUT, BRRKER, MCNIEL, CHITi EA NOES: COMMISSIONERS: REMPEL ABSENT: COMMISSIONERS: NONE • r1 LJ /98 c • A PESCL'J ::D:1 CF :HE Ci:T COG;iC;i OF THE CITY OF 3AFC40 I CDC0...^.%GA. CAL:: cP,giA, AME::pIFO PLASaIVG CCWISSIOH ' flES01u TI0;1 BY-3Y COYDCTTCYALLY ApPflOY i\0 :ENTAT:YE TPACT MAP ..0. 12532 MNEflEAg, Tentative Tract Yap .`:o. 12532, here anal Ler ^Wp" aubmiCLed by Archlba ld Aaseciaces, appl Scant, for CRe pwpeae of aupGSvlGlag the real ~. property alcvat<d Sn the City oC Pancao Cocammnga, Cmwcy et San 9ernardlno, grate of California, demrib<E as a realdmtial aubd1v1a1 on of itl.9 avrea w the vent slGe of flamom, at :.cote YSata gtreet, Snce 112 lots, van appealed and came before tRe City Ceurs ll for public hearLg and action on Jwe 20, 1984; ana NHEPEAg, tDe City Cewcil has read and cones d<red the Engineering and I Planning DSV1alonb r<porca and Rea canaldered ocgq evidence presented ac the ~, public hearSng. NOM, TNEflEFOflE, [Re City Connell of the Clty v[ Panche Cveaeonga does nareby recosend approval of ERe Map aub]<cc to all cdnd L':ons a<t forth iv Planing Comivien Peaoluclen BY_3Y vtth the aGdtcfen bt iRe Cvllvving Section: SEC'.ID:1 3: Tentative Tract MaD 12532, Ss hereby approved sub]acC to Platu,ing Co~lasion desolation BV-3V and the Co Slaving aGGi[SOnal eotWltiom~ 1. The alto shall be developed Sn accorGance v1 tM1 the approved altenaeive site plain, a mod Stied ty the a • City Cowcil, vhlch dele[ea Plan :, aing:e ataxy model. I z. iTe franc aetbaek an the aa]ertty v! loco shoe be IB Ceet ar greater bah lnG sldevalk ca tac illCate ' parkSng Sn the Er SVevay. Havever, to no case shall I the [rvn[ aecback be lean cRan 16 feae beRlnd aldevalk. 3• Prevlda lncreaaed [root yard land seapivg coat exceeds the min tmum CSty requirement in accorEanee kith approved front yard landscaping denceptual i plan. ~, q. Screen the rear of to to fi3 CMeugb 65 tram London ' Avenue by providing dense landacap:rg (1. e., into seam IS gallon traaa aL 10 feae en enter), and providing 6-foot hlght msonry black wall along [Re entire I I northern property Iin< (i,e„ lots 1, and 63 [Hough I I T3 ). Oetalla snail be included in Che landa_^ape ~.i plans to the enila taccicn of the CLy Planner ~ 5. , Pogo ire add l!:onal San^_acap:cq cn Sot 3d aleeg authern Pro Party ens anC :ot YY a:cng the n rthern property l.ne, and adu'ttienal archSCectura: tree Lent along 4.e rear of l04 38 through VY. OetafU shall be inc Sodel in the sae ace pe pl are to L the aatisfaet:on of the City pl a.-,ncr. 6. All atraets she l: be constructed to Clty standards, ~, in terms of paveaent, curb and ga Lter, one Cr ivevay approacpm. flv it cd curbs shall not be persltt ed. i. ProvlEe IS•foot mini nun fief unable rear yard area per Clty gradln8 standards. S g. Street "A^ shall be dmnatruc cod vlth a 36-toot paveaenc aecclan par City standard tar resldentlal rtreeta to be Oeslgned sub]ect to stn if approval. Page 2 PASSED, APPgDVED, antl ADOPTED cO1a 20th day o! Jwe, 198Y. AYES: Yrighc, Buquef, 4lkela, DM1, girg ROES: None AB.`OUT: None AP.iS:: ~,~ GJ ~.,~oa Beverly u Aucpelec, Clcy Glerk o D. Ylkela, Mayor • L • ao~ RESOLJTiOq N0. 94-34 • A RESOLUTi O'1 0= THE PLAN.V I'.G CO}!MISSi077 OF THE CIT'.' OF RAilCHO CGCAMO'lGA, CALIFORtJi A, COtJ0 iTI071ALLY APPROVING TEVTAT i4E TRACT I-0AP i10. 12532 'dHEREAS, Tentative Tract 'dap No. 12532, hereinafter "Map" submitted by dreh ibald Associates, applicant, for the purpose of subdividing the real property situated in the City of Rancho Cucamonga, County of San 82rnardino, State of California, described as a residential subdivision of 14.5 acres on the west side of .Ramona, at Mont=_ Vista Street, into 112 lots, regular ty came before Che Planning Commission for public hearing and action on April 25, 1984: and 'dHEREAS, the City Planner has recommended approval of the idap subject to all conditions set forth in the Engineering and Planning Division's reports; and 'dHEREAS, the Planning Commission has read and considered the Engineering and Planning Division's reports and has considered other evidence presented at the public hearing. NO~d, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: • SECTIO"7 1: The Planning Comrission makes the following findings in regard to Tentative Tract No. 12532 and the idap thereof: (a) The tentative tract is consistent with the General Plan, Development Code, and specific plans; (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivislon is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or thefr habitat; (e) The tentative tract is not likely to cause serious public health problems; (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, notr of record, for access through or use of the property within the proposed subdivision. n \ I ~0/ Page ? •i0 (g) That this project ~.vill not create adverse imp ac is on • the envi rp nment and a .'legative Declaration is issued. SECT?Otl ?; Tentative Tract Map No. 12532, a copy of which is attached nerem, is hereby approved subject to all of the following conditions and the attached Standard Conditions: PLAII*ll ;~ DI VIS?ON Approval of Tentative Tract 12532 is granted subject to the approval of Oevelo pment District Amendment 83-07 by the Planning Commission and City Council. The site shall he developed in accordance with the approved alternative site plans, which includes (1) a paved Street connection to Ramona Avenue 3t Monte Vista; (2) increased front setbacks on a majority of lots; and (3) reverse plotted houses to prcvide greater driveway separation. In no case shall the front setback be less than 5 feet from the right-of-way line to accommodate a public utility easement. 3. Recreational amenities are required in cpnjunction . with common open space areas such as, but not limited to, swimming peo15 and spas and court facilities. In addition, enclosed tot lot facilities with play equipment and large open lawn areas are required. Details shall be included in final landscape plans. 4. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a declaration of restrictions for the subdivision, which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes firs[. The easements shall prohibit the casting of shadp~.vs by vegetation, structures, fixtare s, or any other object except far utility wires and similar objects pursuant to Development Code Section 17, 08.D60-G-2. An alternative energy system is required to provide dpmestic lint water for all dwelling units and for heating any swimming pool or spa. Solar energy shall he the primary energy system unless other • alternative energy systems are demonstrated to be of equivalent capacity and efficiency. Details shall be included in the building plans and shall be reviewed and approved prior to issuance of building permits. ao i ' ~ Resolution '.o. ~ (~ Page 3 r~ L 6. Front yard landscaping is required and shall include, at a minimum, one (1) fifteen gallon size tree, one (1) five gallon size tree, seeded ground cover and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees. 7. Lots 1,9 fac Ina Ramona shall have priority and 6e constructed within Phase I. 8. Phase I construction ;hall include Ramona Avenue street improvements, including street trees. 9. The comb ination retaining wall and screen wall along the south prcject boundary shall not exceed an overall combined height of nine (9) feet, as measured from the existing grade on the south side of the wall. E?IG I,'7E ERI'1G DIVISION • 1. A portion of "A" street from Archibald to "E" street and a portion of "E" street from "A" street to the southerly tract boundary shall be dedicated to the City as a public street. 2. A storm drain system shall be constructed from "E" street to "F" street along the southerly tract boundary. Dedication of an easement shall be offered to the City covering the storm drain. 3. The proposed storm drain at rear of Lot C9 shall be realigned along the property line between Lots 58 and 59. 4. Adequate erosion protection devices shall be provided along the drainage overflow easements, to the satisfaction of the City Engineer. 5, A portico of the master planned storm drain on Ramona Avenue shall 6e constructed from the project site to south of the Southern Pacific Railroad to the satisfaction of the City Engineer. The storm drain fees for the project will be credited for this corstructian, e~ 0 3 Page 4 `J 6. All existing P.C.C. pavement on Ramona Av=_nue contiguous to the project Boundary shall be removed and replaced with asphalt concrete pavement. The cost of constructing the easterly half of the street will Se reimbursed by the City. 7. The applicant will be required to reconstruct Ramona Avenue from the southerly tract boundary to [he railroad right-of-way. The cost of the construction will he reimbursed by the City. . 8. Pavement taper shall be provided at the southerly terminus of Archibald Avenue to provide for drainage and traffic control. Adequate right-of-Nay on grch iba ld Avenue shall be acquired to provide for the taper, 9. Street "A" shall be 29-feet •wi de (curb to curb) from Street "E" to Street "G". A11 other interior streets shall be of 36-foot width. 10. A 50-foot wide offer of dedication shall he made on Mont=_ 9ista Street. • 11. A five-foot public utility easement along both sides of all interior streets shall be reserved on the map. APPROVED AYD AOOP TEO THHIS 25th DAY OF APRIL, 1984. COMMISSION OF THE CITY OF RANCHO CUCAI40NGA ATTEST: ~ ~ ~//yJ rRi¢A..69mez, Oe pu ty Secretary i i t, Rick Gomez, De Puty Secretary of t'ne Planning Commissi nn of the City of Ran cho ~Cac along 3, do hereby certify that t'ne foregoing Resolution .vas duly and renularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular mee ling of [he Planning Commission held on the 25th day of April, 198A, by the following vote-to-wit: AYES: COh1M I56I0'lERS: STOU', RE!'P EL NOES: COt1MIS5[ONERS: BARKER • ABSENT: COMMISSIONERS: dUAREZ, MCNIEL .2cY ~ ~ z --off ~ _ - -- ~ -=-= - ~- °- v -__ ___ a~_ ~=_ -__ __- - __ _ _ - 6 c ' °g n Leo a=~ _ ~P;' - 8=' ~~S% - ~_ _ ._ :._;~ ~a,m e~a <_s<e =<,sc ~~oa <,_m as .. o. __o ~a_a ~ ~ ~ ~ ~I ~ PI ~ I ~ I i ~ ~zo ; m _ _ _ __ ~~~ __ _ _ .~ e = -- s ~~a ~~I -____ _-_- - - -- - _ __ b ~ ~ ~ -_ Ec_ ffie Yc~ -- _ =_~ - -- -- _ - z _ -_ - _ _ E_ _ __ _ F v _ lu _~sa°=_- _- ~_ -°_ - _ _ _ a _ _ -- - _- -_ __ a .-_ _ - -__- _- - _ ?~ _ 4 _ _ - _ - _ -_ __ _ _ae __ _-, ___ _ __ - - E€~ _- _ _ _ _ _ _- dS^- -_=- =~~ _ _ e~aa - -_ -- - __ „ ~ ~ ml \~ ~ u~ I ^~ • N • __ _ c'E ____ _ _ 9 -_ - 2i ^~ ~ ~ ~I =~ ~p6 €., - a- W -F R • ~_ y 8 g . _~ ~,~ )! M 1 3 ~ __ -_ e _ _- a ` __ _-_- O _ _ - V _ _ ~ _ - _ _ __ __ _ _ _ _ _- gg y m~ a~ ~ ~ ~ ti ~~i ~i ~~ • o ~ q~t _ w .§ _ __ _- ~~a~ n ~ __--_' -_JY' ~'' _ _~ ~~ _0.~7 ., aa, ..d.eo:~ :.. ~~ ~I\ v c~ =s g~ ":i q .. ~ ., ~~~ ~I ~ ~~~ m -_ i __' _ _ _ _ _ _ - _ __ ___ 6 _ _ _ ___ 'o t --_- iE'~~e _ _ _ _ ~~ _ E~n ~ _- i~d '_ _ __ _ o ~.n t __ _ s i: _ _ ~ _ _ _ aE~-_ i _ _ ~o ac _ .o ml .n ~'~ n n W~ ~i wrvv ~I wuu ~I ~n 'I ~~a <~ tau ~ ~~i y ~I ~u ~ ao~ ~ - -=~ _ __ = = m=_ _ n : -IPA F~ _ ° ~~ ~F~ c~ _ E 1~ _ _ _ _ __ _ ~ u~ _ 1~~ _ - -_ _ _ ~~ __ ' _ -- a _ _ _(hl n e _ u > - v _ _ _ _ _ __ - i __ _ __ _ _ ~ _ _ _ __ _ _ _ c i _ o€ _ o _ - uv cnc ~ _ ¢m v _ _ ~ c .~ [~f u ~_ _ ~ l v - . u _ ~ _ ~ T Y w[ ~ ~ ~ ~ c e a r n _ r o i _ c a ~ _ e `I c• i ~ i ~.~.iu ci c _ _ _ _ _ - ..~ C - s N ~ \ ~ a ~ ~ ~ ~ ~ - v ~ ( ^ ~ l ~ S ~ l X 08 ~ LI f • C C. n ~ - - - ` ' - N - - ~r'', -sa _ - - ~ - u - -_ _ _ ~ `S _ _ _ -- _- - z ~ Fa- - - - - - S ' _ - ~~ X ~ ~~~ ~ ~ ~ _ _ ''.c X a r~ __ __ __ - ` -- .,- °r c M ;5 ., .. a - 3~ S _ - -- - - - ' l ~d -c a . ~ ~s -.~ !~ - - _. ~_ €-~ s`~H - - 0 - o a ~~ _ - - - _ ~ I I`'~ XI a: - sfi ~ e_ .°I ~ ~ I .. E _ e - - .._ e o _, ._ - E a , . ~ , ~ .~ ~~ ,~ ~ a __ 'gig - ~ ~' env - _ _- e,_ ~4g<e - __ - _E ___ - ~!I L ~ P ~ „ yi ~ .VVN ~,.~ oe-__~ vmaa yo,.o ~q a ~o o~ I ~ -., ..~ =~~ rl ~ 5. ~ \~ ~ 1 X09 ~ m N 0 z a+ u v 0 a ~ C _ J j - ~ • o _ ~ _ _ < - _ _ y e ~ „ ~ F'I~r: 6 _ v ~ ` a ~~ _ _ ~ ~ _ ~ W - i c Q ~\ rv V ~ ml V ~ I Y `vI ~~ I aP y ~a- _ _ _ _ ~ a _ - ~~ v i , _ _ 4 _ __ c< ~ _ - - _ c=~~ _ _ _ _ _ ~ _ p c c~ ~E n.n~ .n cu e~ 6~'-n ~n o..o ~ 1 ~ I .~v _ `V _- _-~~~ _- _ e -_ _ t~° ~ -= r.+~a c~'~.~~s o- urn~~u 7o a.~ ~~ y4 ~ ti~~ 7i o ~' • ~ . ~`. N 0 z u v .o a a a _ e ~€ __ V > _ -~ -- E ~ III'--_ J _ _ _ III __' _ _ - - _ _ -__ _ -_ E - i s- - _ _ - "-~ _ - _ _ _ - _ __ ii °i ~ i~ - CITY OF RA.~CHO CUCAIDIOtiGA ~~,cn,tro STAFF REPORT ~?~~~y. _ z _ > 197] DRTE: August 7, 1985 T0: Mayor and Members of the City Council FROM: Dan Coleman, Senior Planner By; Bruce Cook, Associate Planner SUBJECT: ENVIRO~:MENTAL ASSESSMENT AND TERRA VISTA DEVELOPMENT PLAN , NOMENT - - LEW - n amendment to the Development .~ an for the erra Vista Planned Community to change land use designations in the southeast quadrant to include a hospital and mixed commercial, office and residential uses. I. BACKGROUND: Back in April of this year, Lewis Development proposed an amendment to the Terra Vista Development Plan to relocate the hospital designation from Rochester, north of • Foothill to Milliken, north of Foothill. To redesignate the hospital site wouid require the rearrangement of land uses from the current plan within the southeast quadrant of Terra Vista. The Planning Commission held a public hearing on April 10, 1985, to consider this amendment, and recommended approval of only the proposed hosptial site, with the stipulation that there be further review of surrounding land use designations. The Commission recommendation was forwarded to the City Council at its meeting of May 1, 1985. The Council reviewed the Commission recommed at ion and referred the item back to the Cammiss ion for a comprehensive review and assessment of the complete amendment proposal. II. ANALYSIS: A workshop was held on May 10, 1985, between the Commission and Lewis Homes. At this workshop, the Commission directed Lewis Homes to prepare a revised Area Development Plan for southeast Terra Vista. The revised Area Development Plan was completed and a comprehensive amendment proposal was brought back before the Planning Commission on July 10, 1985. In review of the Area Development Plan, the Commission found that the proposal resulted in no overall change in either residential acreage or number of dwelling units, and thus adopted the Area Development Plan and has forwarded the proposed Development Plan Amendment to the Council for final action. The attached Staff Report describes in detail the proposed amendment. zit CITY COUNCIL STAFF REPORT Development Plan Amendment 85-03 August 1, 1985 Page k2 • III RECOMMENOATiON: The Planning Commission recommends approval of the Terra Vista Development Plan Amendment. if the City Council concurs, issuance of a Negative Declaration and adoption of the attached Ordinance would be appropriate. R p tfully ubmitted, D an Senior Planner DC:BC:cv Attachments: Planning Commission Staff Report - July 10, 1985 • Resolution No. 85-104 Resolution No. 85-105 Letter from Lewis Homes to City Council, dated July 17, 1985 City Council Ordinance Exhibit "A" - Amended Land Use Map Exhibit "8" - Text Amendments ~/3 AFF1 DA V IT OF PUBLICATION STATE OF';;ALIFOF.NjA 1 COUNTY OF SANBERNARDINO ~ ,s I, ':ec ;acner _,doh:reMrcertifythatl am the [.egal Advertising clerk of THE !~~ [?'~ REPORT, a dady ewspaper of general circulation, published ir, t;.e Gty of Ontario, y and State aforesaid and that the attached advertisement RANCHO CUCAHON6A CITY COUNCIL was published in said newspaper __?_ _'_E._ _. _ _.._.__.._ I certify wdur penalty of perpu•y that .he ft"c{Ding is true and correct. ~~ tSignature) Dated at Ontario,CalYorniatdit___~. "~t!! -day of J~~LY .., 19_~_ 1M ry CIM.'~ O. M ~P. ,n CuNTwyp CMIIwNCI r,,,,e..:msm.na, ., m.i Mw. paynCl m« M ew~i,w, F ~em~c~~M IM elwnxy O' i f,~M11m\ '>~1~lplin~ I~III IUI vw, n w mwn,r. c y caw i~.raiw rwxn: ,,,a •. nr ixir~~ 2~J~ C DATE: July 10, 1985 T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner CITY OF R:1.VCH0 CL'C~1.~IOSGA STAFF REPORT ~~~~cl.slotc, rY' - ~ r, }~~ii ~c x U~" ~> i9.- ~ SUBJECT: ENVIRO!lMERTAL ASSESSMENT AND TERRA VISTq DEVELOPMENT PLAN A!4ENDM`.NT 86- - LEWI - n amendment [o the evelopment Plan for the Terra Vista Planned Community to change the land use designations in the southeast quadrant to include a hospital and mixed commercial, office and residential uses. Related File: Southeast Terra Vista Area Development Plan. SOUTHEAST TERRA VISTA AREA DEVELOPMENT PLAN - LE'W IS - A L conceptual development plan for the southeast quadrant of the Terra Vista Planned Community, located on the north side of Foothill Boulevard, west side of Rochester Avenue, east side of Milliken Avenue. Related File: DDA 85-03. f. BACKGRO U!1D: AC the May 20, 1985 workshop, the Commission directed Lewis Homes to prepare an Area Development Plan for southeast Terra Vista. Specific direction was provided as to uses adjacent to the hospital site, designation of the auto plaza, and redistribution of 386 units currently designated for the Miiliken hospital site. A copy of the workshop staff report and action agenda is attached. This report provides a description and analysts of the revised land use map and Area Development Plan. [I. PROJECT DESCRIPTION: ~ The area under tons ideration extends south rom the Recreat ion. Commercial district on Milliken to the future Junior high school site on Rochester. Exhibits "8" and "C" show the revised land use map/density distribution plan and Area Development Plan which indicates product types and density. All 386 units from the Milliken hospital site have been redistributed do an equal amount of residential land. The acreage in each residential land use category, however, is shifted towards medium density with less land desfgnated High Residential and Low Medium Residential, as shown below: ITEM 0/P any ~I PLAANI YO CC~iM iSSi7.! ST;FF REPORT Terra Vista Plan A•nendment 86-03/ Southeast Terra Vista Area Development Plan .lu ly 10, 1985 Page 2 District LM (4-8 du/ac) M (4-14 du/ac) MH (14-24 du/ac) H (24-30 du/ac) TOTAL Land Use flap Residential Acres/Dwelling Units Current 83.3 ac/ 501 du 13.6 ac/ 122 du 20.9 ac/ 391 du 28.7 ac/ 775 du 146.5 ac/1795 du Proposed 44.4 ac/ 267 du 50.6 ac/ 455 du 39.7 ac/ 754 du 11.R ac/ 319 du 146.5 ac/1795 du The Rrea Development Plan provides a greater level of detail than the land use map by specifying the unit type and actual numher of dwellings in each project. Six basic product types are proposed ranging from single family detached units (5-7 du /ac) to senior housing (26-30 du/ac). Two senior housing projects are shown and include a density bonus for affordable housing equaling 97 units. • Area Development Plan Dwelling Units By Product Type District Product Type Density d of Units LM Single Family Detached 5-7 du/ac 240 M Village Series Single Fam. 7-11 du/ac 368 M Village Townhomes 10-14 du/ac 130 MH Family 6 Adult Apts. 18-22 du/ac 418 MH Senior Housing (w/49 du bonus) 20-24 du/ac 400 H Senior Housing (w/48 du bonus) 26-30 du/ac 336 TOTAL 1892 units In addition to the above, two parks, trails, an elementary school and a Recreation Commercial District are she•.an north of Church Street per the current Terra Vista Plan. South of Church Street the hospital, medical offices, auto, and commercial layout is similar to the amendment originally proposed. C C ., n ~!~ PtAnaiaa corr,~ss:Dr~ 3rAF R6PoRT Terra Vista Plan Amendment 35-03/ Southeast Terra Vista Area Development Plan July 1D, 1985 C Page 3 LII. ANALYSIS: The following is a rev ie•w of the Area Plan as it relates to Planning Commission comments at the workshop: Uses Adjacent to the Hospital: The Planning Commission stated a preference for office type uses on Orchard Avenue, senior housing in proximity to the hospital, and residential uses next to the park to encourage maximum use. As illustrated on the Area Oeveiopment Plan, medical offices wrap around the hosp itai to the south and east to make up a 31 acre health care campus. On the east side of Orchard Avenue, additional office type structures are illustrated. Two senior housing pro7ec is are shown for a combined 736 units, including a 91-unit bonus for affordable housing. The locations are intended to soften the transition from multi-family to single family units, yet are in proximity to the medical offices and hospital as requested. The drawback of these sites, particularly given the number of units, is the distance to a neighborhood commercial shopping center, roughly 1/2 mils (southeast corner of Base Line and Milliken). ~J Regarding the park site at Church and Milliken, family and adult C apartments are located to the east and west. Aaord ing to the • applicant, the design of this park will be more urban in character for passive recreation and large multi-use lawn areas. Other parks in Terra Vista, such as the one abutting the easterly school site will be designed for active recreation. However, the final park design will ultimately be reviewed by the Park Development Commission. Auto Plaza: At the workshop, the Commission stated adequate land should remain for potential auto sales, but it does not have to be identified as a primary land use. In addition, the Commission was concerned with potential conflicts be t•,veen an auto sales area and residential. The Area Plan indicates 41.9 acres of office/medical/auto/oommerc ial property bs bween Orchard and Rochester. An auko plaza is not sp ec if icaliy designated, but flexibflity exists and the ultfmato use of the property will be determined by market conditions. Residential Uses: The Plann in? Commission stated that redistribution of the 336 units currently sh o•.vn at the Milliken hospital site is appropriate if density transitions occur in an orderly manner. As shown cn the land use map, transition occurs gradually by one density range, except at the northeast corner of Church and Orchard where a senior housing project would ease the transition. The Rochester hospital site is designated Medium Residential and townhomes are proposed. Other areas designed Medium Residential would be dove toped at a tower density with • attached and detached single family homes. r'~_~~P a/~ • PLAB.'lI'1G CC>CAI SS i9t{ ST OFF i`_P7RT Terra Vista Plan Amendment 35-D3/ Southeast Terra 'Jista Area Deve iopment Plan Duly 10, 1931 Page q C Environmental Assessment: The Planning Corniss ion pr=_viously recommended issuance of a Negative Declaration for the hospital amendment. Staff has reviewed the revisions to the amendment and determined that no signf icant impacts will result. In essence, the rearrangement of sand uses has no significant impact on traffic or circulation, since the permitted uses remain the same. If the Commission concurs with this finding, a recommendation for issuance of a Negative Declaration for Terra Vista Development Plan Amendment 85-03 is appropriate. Environmental assessment for the Rrea Development Plan will occur at a later date on a project-by- project basis. • III. FACTS FOR FI NDfNGS: Before approving the land use amendment and Area Development Plan, the Cormniss ion must determine that the request will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposals must 6e consistent with the intent of the General Plan and Terra Vista Plan which encourages flexibility over time without altering the basic concept of the Planned Community. IV. CORRESPONOENC'c: The Development District Amendment has been advertised as a public hearing in The Dai lv Report newspaper, the property posted and notices were sent to all property owners within 300 feet of the site. C RECOMMENDATION: Staff recommends that the Planning Commission review all elements and input regarding the Terra Vista Amendment and Area Development Plan. If the Commission determines that the proposals are consistent with the facts for findings. adop :ion of the attached Reso lut inne Wend be appropriate. E ~J~ PLAi!'l i I1G LOMM iSSIOH STAFF REPORT Terra Vista Plan Amendment 95'-03/ Southeast Terra Vista Area Oeve lopment Plan July 10, 1985 Page 5 Attachments: Exhibit "A" - Current Land Uses/Density Distribution Exhibit "B" - Proposed Land Use/Density Distribution Exhibit "C" -Area Development Plan Exhibit "D" - Text Revisions Exhibit "E" - Planning Commission Action Agenda, May 20, 1985 Planning Commission Staff Report, May 20, 1985 Initial Study, Part [I Terra Vista Development Plan Amendment Resolution of Approval Area Development Plan Resolution of Approval C C \J • • n-5/P 2Jx • 1 1 I a a a W N Q F N a W F 1; Ii 1.1'~ -.~;y ,' ~. `% - C0 \ ~~ - ' • ~~ c;' ;~ ~~ ~.-_ - - ; i ~:~ , ... . ~'J. ry~ ~s ir•~`~1 i`^I' ,f'~l{w'l~. a 1 '.i .i~~~ ~ 1914 Y~L' ~ ~I I z~ ~.i jiy~..~~~ia19~;1~;t~~ `~ ; jigi ~~ ---_~ ~ C CITY OF Irral: :~2~- y~ST.~ ,~ RA\'CHO CL"CA~~IO\GA TITLE ~R(L~JV7° LgAto' ~/$~S E PLANNI\G DIVISION G\HIUIT.~~,LSCa~LE ~ __ ='s 3 i iY~~l;ei~iiui~tii .. ` ...... ..~..i. I- _ ;., ~~ - ~ ~~----=-a - ,~' '~I I - -~ i ~~ S ~~9 Z ;Y' ~I ~~ I • ~I a I ' I , i ~I ~~ il~~~~i l =! I v I I a i~ ll~ t ~ ! I~,JI_i~l~iyilil7l ~ F j xg ~_ --~~ iE ~ I ~.Y ti ,1 ~~ ~ es ~ ~w : 11 ` a Iii M1as ~~I' '' ~y ' ~/ ~ '~~ =spi a~~ I . I:q Aw ^.1 ~Ij ti ~s z ' a +1 ~ .r, ae 1 _ ~ 1 ~ '..t. :f c {pia; ~~ :I~.: ~, ~I ;; :G ,. •~ t' ~' i~ ° ~ S~ ' ~; 5 '0r'yy '~.. °I :3 ~ ~ a°~ 1G~''~ T ~ 1~ ~ ~ I s~ ,r, a~ lk^~?J~ ~ ~. ^~~., ~Is° ICI •~ ` ~ _ ; ; s. ~~ C 1 f ' YI~ i r' asl ' 11^ 1L~t.. ~Y !•a liE ~.=G~/plp4'IUSe^U ~ vi1( i~l~tzL~ - i.:~ 1 Ito- ..._ ..ri= ciTY or ITEM: r,~~,sr~ ~ RANCHO CL'CA~10\GA TITLEd1D LaA~ I/SPa PLANNI\G DIVISIOV e\I1InIT~-~_SCALE /~ o,~ o • ~ -_ ~ - ~ C _ ,.. ~ _ ~,, ~~~ iI~~ - - JI~ ~.~.. ~~'~ tsn er Famr. Wl WFWJA~ ~~. C,r; ~ ~5~. ~r =~~-- u utcr iLZJ •L r,", _ amp 1, w~. '~ :::.'~ ~~~~ ~~~~ . ~', ,~,~~ ~.` ~~ ~- ~ ~:- ~. ~ ~µ... ~s. ~_`1 ~:n - ,~. ""'~ ~~- ~\ ,;~ ;~~ :~,, =_ 4AND U[[ / D[N[ITT DI[TRIDUTION~t ORIGINAL JYF~ t1, tUF •wrw~ttoururwr V FORTH CITY OF iTEai: TJ~t.a disr.~ RA1CH0 CL'CAMO~GA TITLE -rT LANJO [/S~ PLANNI\G DIVISION ERHt[IIT: •~ SCALE n ~~~ I~j' .~ _ ~ ~-~'v _ - + ~,, < ~_,' is J~ ~..,..~ `~.y- wM~o. aun- t \ ~~ uv ov. i~ LAND US[ / DRMSITT DISTRItUTIONt AMSNOMtMT NO..3.1 ~, ~; rs. ~ ~:. ~, Lam. ~`'>S~'~~"~ i ~ a j ~.~W.KO,~u '~~~.,, I ... - --- ;oa..,.. ~ ~o~,..,.o V V \ORTH ciTY or ITC~~: ~~~ di~r,~ ~ L RA\'CHO CLTCAVIO\GA TITLE ~~ y~ PLA.rINIKG DIVLSIO~! E~HI[31T •~ SCALE '~ z> z n u C a a a W F N Q g a F N_ 9 a Q W F e ,:, :ii G- M IC ~Q ~g :., ~_.; i;,~ CITY OI' iTE~,: T~.~3B,m1 f~igT.4 RA\CHO CL'CAi~IO\GA TITLE F~s.~ /4L~!w yafv E PLA~~INI\G DIVLSIO~I E~HII3iT ~~ sC,aLE: ~" ^-I~IP -~3 F'•''•'•~1~1 ~~'~t'l~1i =i I ~ i~ ~ Ii~IciYlii, t -.~i --~ I till ~~ ~~ I9 OWAiC T. ,,_3: _ ';,~ ' y.~ ~.~; _; ;ur~~:~ ~r ;~. r ~. NlDICAL OFFIC[f .~ AREA OCVELOPMENT PLAN; AMENDMENT NO. 1 .IUN6 Z8. 1080 •]OViHE15t W1D111ry}OM} CITY Or IrEat: 7~ d~57A L RA1~CH0 CL'CA~IO\GA TITLE ~Cy1yf_s,0 ~t,~q ~,v • PLANNI\G D[ViSIOV E.~tiltitT G-~ SGaLE ~- ~-li iP aiy • .. _ ~ ~~,R.r'1 ",o1a~.~ July 2, 1985 Planning Department City of Rancho Cucamonga 9320-C Base Line Road Rancho Cucamonga, CA 91730 ATTE:dT SON: Curt Johnston Dear Curt • s Re: Amendment No. 1 to the Terra Vista Conmunity Plan While we assume that correction of the amendment text is to he completed after Planning Commission action, we have gone ahead and made the necessary corrections [o conform the [e xi to the amendment which is now before you. Using as the base document the original amendment text as submitted to the ~Planninq Commission in March, very few changes aze necessary. Enclosed are the newly zevised pages for the Land Use Plan, Statistical Summary (with footnotes), use regulations, and the explanatory graphics at the beginning of the text. The rest of the text is sti 11 useable as submitted. Cordially, LEWIS DEVELOPMENT CO. %ay Matlock Project Manager ~ enc. ' 1156 N Mount a~n Ave PO Boe 670 UOla no, CA 9178fi (714) 9650971 Deveycgn ..~ ~ e~.v~a N.,...,.,; ~.t~I2f j C% ' ~ 31i C C E C C C za ~ ~~~ n u I m o n ~~,m E of mNn o I c~ a n a,n LL: Z ~ ~nnm~lc _ I I~ o`~I o,n~ N marvm ~ C ci I z in ~n E .n m rv - ~ ~ o wc- `o u ~ U d~ 'r .-. N N N a O E m _' o n rv m.o 3 cry v+o N.-o ZC ~ ~mrv~im N c u ~ ~ o u ~, m~GU cc _'^ ec~cn j O o~ ~ rv _ > ~ ~OU~ ~ ~ ^ m `iJ m=?? m a m a om oem u v u U v m ~. .o ~ ~~~~ p d ~ •- u m7i6 w n UW p~ 'p='er? vl •~ _-OUP 's Tp:_ 7 n u n q u - ~^=. c C ~ E a ~-~ o ~ ~~ .N`_aa w v E E~~" X O ~ v_>~~~y e U oiy vp E N Ji ~JI ~ ~. ~' ~ V Ti V I L I U p F-~O~Ca a~ nt~ o n n~~ ,vn Z~ v o ~ 'c ~ `o a ~« p p w o ~ w? E ]pd w O'j p E E L E u~ ~'c 'n 'O 3 ~'~-~ = E'c .-~ uu au ~~ O O N ~~ < 0 0 Ow. 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Lions Park Community Center - Gallery 'dent 9161 9ase Line Road Rancho Cucamonga, Cal ifc rnia PLANNING CGHH ISS ION NORKSHOP TERRR VISTA DEVELOPMENT PLAN AHENOHENT 85-03 - LEiIIS mew is nn mne nanien~ w u~c ivyi~~c Community to change the land use designations in the soothe ast quadrant including a hospital, commercial, office, and residential uses. / • I. Introductory Comments and Staff Report 6:00 - 6:15 II. Presentat for 5y Lewis Development Company 6:15 - 6:30 III. Discussion of Related Issues/Concerns 6:30 - 8:00 4djcurn to Hay 22, 1985 regular P',ann ing Comniss ion meeting - 8:00 i Plann ina Commission Action SEE ATTACHED E CYJ~3P~~T ~-~ n_a.~/P X33 ' ~ i AREA DE': ELOP`!E'lT PLA`! An Frea Development Plan shall be prepared for the southest quadrant of Terra Vista, specifically, the area extending south of the Recreatien Com-ercial District on Milliken to the Junior High School site an Rochester. Future modifications to the Area Developz=_nt Plan may occur. USES AD~ACEtIT TD HOSPITAL 1. A Senior Housing project in proximity to the hospital is enceGrayed. 2. Consider office type uses on Orchard Avenue. 3. The park should he adjacent to single family, apartment, or condominium projects (versus the hospital or a Senior Housing project) to encourage maximum use. If the park cannot hr_ relocated, the trail system must be adjusted to provide improved access. • AUTO PLAZA 1. Adequate land area should remain far potential auto sales. An auto plaza, however, need not he identified as a primary land use. 2. Potential conflicts between residential uses and auto sales, such as night lighting and glare, must be mitigated with special• design features during the Oevelapment Review process. RES?DE'7T?AL USES ~ 1. Redistribution of the 386 units on the Land Use Map is apprcpriate if proper density transitions oa ur. 2. Density transition preferably should not exceed one density range on the Land Use Nap. If not, special design consideration, such as transi[ioning building height and arch iCecture, is necessary to ensure neighborhood compatibility. 3. The Rochester hospital site should not be redesignated • ` with a density higher than Medium Residential for buffering of the existing homes to the east. ~X}-l I SIT E -Z rv ~l/D ~3y • DATE: May 20, 1985 CITI' OF R.A\CHO Ct'C~,.~(0\G.a cat! ~. STAFF REPORT `~~~`?'~ ~. ,, - u 4~' i.Z U17 I T0: Chairman anG Members of the Planning Commissicn FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner SUBJECT: ENV LRO"IMENTAL ASSESSMENT AND TERRA VISTA DEVELOPI^E `lT PLAN AME!VDMENT 8 - 3 - IEIJIS - An amendment to the Development Plan for the Terra Vista Planned Community to change the land use designations in the southeast quadrant including a hospital, commercial, office, and residential uses. I. ABSTRACT: This workshop is scheduled to facilitate Commission review of the land use options, and provide direction relative to uses surrounding the hospital site, the auto center designation, and residential densities. The amendment shou id then be revised accordingly, the environmental assessment completed, and the project scheduled for final review and consideration at an advertised public hearing. II. BACKGROU`10: At the Planning Commission hearing on April 10, 1985 the Commission recommended approval of the new hospital site, but expressed concern with the change from Auto Plaza to Executive Park, and density increases surrounding the hospital site. The City Council reviewed the Commission recommendation and continued final action until the Commission resolves the remaining issues. Based upon input from the City Attorney, the Council determined that the amendment is inconsistent with the Terra Vista Development Agreement unless all 386 units currently designated for the Milliken Hosp ital !site are reallocated on the land use plan. A revision to the Development Agreement must he mutually acceptahle to Lewis Homes and the City, and requires Commission and Council review at public hearings. Three basic issues need to be resolved as follows: 1. What land uses are most appropriate surrounding the hospital/medical office site (i.e., residential land use intensity and rommercial uses)? 2. Should the auto center remain a primary land use east of the hospital site? ~ i ,. ~3~ C ?L.1tL'1I';3 CCId~1ISS i0~ 'AF= REP^3T Terra 7ista Oevelop~...~nt ?lan dmendnent 35-03 - L2~.ai~ Nay ?0, 1985 Pa;e Z 3. Shadtd the density of nearby areas be increased to aarmodate units displaced by the hospital/azdical office site? These issues are discussed in the Analysis Section and !and Use Options for discussion purposes Drovided. In addition, Lewis Development Company has provided a letter explaining the amendment. Iii. PROJECT DESCRI?TIO"!: The following graphic shows the current land use p an witn acres of High Residential (386 units) at the new hospital site, and the Auto Plaza center between Milliken and Rochester. A. EXISTING CONCEPT OP III ~ 'III I ~~II M I NC MH M 1 LM ~ M I'~ _ f~~-. p~.~ LM 1 LM ~, LM i I ~ ~L"-~ ~ ~JrH ` LM~ ~LM i ~ LM ', I, LM I~ LM M P LM !L LM ~! p i ,II RC MH ~ P ~ E i 1 1 M 'i.. ~I J MH ~•~ p ~ ?~~~~ ~, ~ ~~ \ I1lPPC1 1. i ~~~+~ Of flC:! XOSilijl P H c (~,:.,,: E.~L~ I1, ~PCI I f ` 1ut01 YY r ~II MFC ~ I oon~~e nni Dints orwces I na.zPa J_ ~_--~_7~ ~_~_ L iuzaE -II~_ ~ ~T ta:``.". P~x:.^^s l._Ex VPPxVE ~ YlP2A~11GAFK L 1 • .~3~ PL:.tI'i I'i6 CDiT.4[SS I°~!~ AFF Rc?DRT Terra 7ista Developlllent Plan Amen^ment 85-03 - LeEVi~ May 2D, 1385 Page 3 • The following graphic sho~.vs the amendmznt as proposed by Lewis Homes. The 33G units from the new hospital site are red is Lributed 6y expanding the residential acreage south of Poplar Drive and increasing the density of the two properties on the north side of Church Street. The total land area for residential is about the same as the current land use plan (1.1 acre less). The Auto Plaza designation is removed, but automobile sales is designated at the intersection of Foothill and Rochester. J B.AMENDMENT ~1 CONCEPT oafl~ ~I M NC MH , M I LM ~ M ~ ~ I_ " ~ I^~ P LM i LM ~ LM LM _ LM l LM ~~ I~ LM ~, JrH ~ I F LM I ~ M ~ _ LM I~- \ P E <nM~l_ /i`` t BC MH E 1 un MH ' mMN ~~ 1\ P ~ ~ ~ H izu •ci M IY t 110.0 fLI ; ~ •_ i~ MFC, OffICE?:FOICi L/ AViO - MI UIL I.V I CO.NME PCI~IL . ~ _~. GPV EN f550L1~i[- I^ oEre:ES izta ntl us.o <o I ~,,.,~,_ =-p~~, -- - - - - -L~ MEDICAL_y~E%ECUT rvE~ PAfl% ~I YAPK l C n I / ^~ ~~7 2LX:I119G CC".h!ISS:7'{~ 'RFF PEPCRT Terra 'l ista Oevelopn,~nt Plan Amendment 8E-03 - Le~.riA Nay ?0, 1985 Page 4 The following is a breakdown of the land use category in each acreage for both the current land us_ plan and the amendment as currently proposed. COMPARISON OF STATISTICS FOR AMENDED AREA C A 8 ALTERNATE ADOPTED AMENDMENT 1AMENDMEN' of nM Mn ~ I nin ~ • • RESIDENTIAL UNITS RESIDENTIAL ACREAGE • LM • M • MH • H NON~R ESIDEN7IAL ACREAGE • HOSPITAL (HO) • OFFICE/COMMERCIAL/AUTO/MEDICAL RELATED FACILITIES (MAC/MOC) • OFFICE/COIN MERCIA L/MEDICAL RELATED FACILITIES (MO/MHO) TOTAL ACREAGE SPA nY OF MMO PA RCE L IV. ISSUES/ALTERR.4TIVE5; 1003 1003 1003 59.9 58.8 59.9 17.6 - 17.6 13.6 17.6 13.6 - 13.6 - 28.7 18.6 28.7 72.9 74.0 72.9 10.0 10.0 10.D~ 46.2 43.0 41.9 16.7 21.0 ~ 21,0 132.8 132.8 ~ 132,8 S e.G 1'rd~ 5~`~ FAR GV~w'rri~- A. Land Uses SurrounAino the HosO ital/?led ical Office Site: The hospital and medical health care campus wi be a community focal point. From an urban design perspective, the land uses surrounding the hospital should provide an appropriate interface and transition to complement the project. This issue of compatibility relates to both residential and commercial/office land uses. • i~ X38 ?LnN7i I'l"o CO>l:•1?SS 10"~ 'AFF RE?CRT Terra `li sta Oeve lopma~t Plan Amendment 85-03 - Le•.+i >~ May ?0, 1985 Page 5 C r 1 LJ Res id=n tial. The current land use plan has Medium Residential 4-14 du; ac and Medium High Residential (14-24 du /ac) on the north side of Church Street. Development at the lower end of the Medium Residential category could be single-family homes with townhouses, condominiums, and apartments built at the mid- upper range. Oeve lopment in the Medium-High Residential category could be a wide range of attached product types. Given this wide range and understanding that the Terra Vista plan allows flexibility of land use categories, the Commission should provide direction as to the most appropriate density range and/ar product type. Commercial/Office. The Terra Vista Plan shows the Auto Plaza on the east side of Orchard Avenue directly across from the medical health care campus. Does the Commission feel this is appropriate or should office type development be located along Orchard Avenue to create a buffer and transition? D. Auto Plaza: The amendment as proposed would eliminate the Auto az'PT a as a primary land use; however, automobile sales would remain as a permitted use. A review of locat Tonal criteria for successful automot ib le Dlazas reveal that freeway visibility • and access is a key criteria. In addition, the minimum size should be approximately 40 acres to permit from 6 to 8 dealerships. The Auto Plaza shown in the Planned Community Text would not satisfy these criteria. However, if the Commission desires, Lewis Homes has provided an alternative land use plan which specifically designates an Auto Plaza at the northeast corner of Foothill and Rochester. C. Residential Land Uses: Three options are provided below with respect to redistributing the 386 dwelling units currently provided for at the new hospital site. The Commission should first discuss if the redistribution should occur. According to the City Attorney., if some or all of the 386 units are not specifically called out on the land use plan, an amendment to the Oeve lopment Agreement must occur. Lewis Homes must also agree to the revision. The following alternatives are provided to aid the discussion: E n_~i~/P ~~s ?L.,;AlI'1G CDFiG1I SS?7If 'AFF RE?ORT / Terra Vista DeveloDm~ot Plan w~end~ent 8i-D3 - Le~si st May ?D, :985 Page 6 1. The first option illustrated below would revise the residential land uses south of Church Stre_*. and Poplar Drive as requested by Lewis. North of Church Street, ho~.aever, the land uses would not change frog the current designations. The result of this alternative is an overall reduction of 188 dwelling units. B.AMENDMENT *t CONCEPT OP ~, NC (MH I M ~ I LM M I ~ , I_ i---~ (~L L-M ,f', Ir I 'p ~ ~// LM LM LM ! /LM l LM ~ E ! JrH I1 \ LM,. LM . ~/" M /P~ LM ~ LM ~i- ~~ ~ E ~ li_ E I RC MH M ~ MH 1`\\ P •, ~ i\ ~~a~~ Ip ~~~~~ ~ xoEnrAa \ iuA ACI M lu cl l vmAq MFC ! oneEnm'uu Auro I1 °rrl[[5 1110 ACI r IrI.O.CI all! I ' 1..-. k[OI[AL '- EMF[uiIVEl~ PARtl 1 IAN6 R SIDENTIA LM Lon •mlwoexvn M IV[LRIY°oivn MH I~ewwrRU~owEn. F{ roW nxxE MM RCIA CClco.w.rr coR.nl¢w C cae.Kl¢w NC , neoeo+e°°ca~..RAU.L RC nvurwucauortan OP I °rECE n.R MIXED SE MFC''. rriAVCLLL nsruwurs RESOmuL MOC;:Li°~ conwwomy. MIIO! orncE, cowxunu, rnmluL P BI I- BI JrH IIKY KI~RURA~iea~~ E 6LVpRIR. iGN%~e~~ p run HO Icsl+rr usSKr r~~ ~ GLUEY 1%QCI1-1^S C ~\-~7/~ ~yo YA~.'iA?.'lam C0:"MISS: JII/~ >FF R6?Odi Terra Vista Oevelopm<nt Plan amend-ent 35-03 - Le'.+is~ Nay ?0, i9"o6 P ag_ 7 • 2. The second option was prepared by Lewis Homes and provides for the total distribution of the 396 units south of Church Street and Poplar Drive. The 14.3 acres of High Residential at the Milliken hospital site was simply relocated to the Rochester hospital site. • • C C U-aB/P ~yi PLA'171 C1G L01 1.1ISSi~n/~ AFF RE?GBS Terra 'Jista Dzve iopm~nt Plan nmend-ent 35-03 - lzwisl May 20, 1995 Page 9 3. The third option available is to approve the residential land use changes originally proposed by Lewis. B.AMENDMENT rt CONCEPT ID IA OP I y i NC I MH i~ LM ~ ~ M I /~ pp~ ~ LM LM ~ , I ~ L,~M~ \t JrH r M "' LM LM P E M I' E 1 RC MH ~ MN 1 r MHr / \ P i ~ Ir B~ IIq.q ~1' 1 xM '~'tl 1I ~i ~~.u ~ I ~..rna.. u,*a ~ Ir rt-'t sow n_uw>~ i Lta Lew ~. u.un. M I~Mavm MHlreu~awm. M i~mr. MM CC'<e..,..<. cor.rr C ' canoe. NC ire.®cwae.. RC!+eov+«o.oc.. MI% n~5 MFC oe....~. t,eoar.. MOC~"^amnwtum~mv. MxOronr~ c~<Wywueua, neiw BLI A BLI JrH ....~ra.oac.-.~. P sooner. <uew ,~~r HO'. ~. D. Area Development Plan: As a means to help resolve the land use issues created Dy the flexibility built into the Terra Vista Plan far adjusting residential land uses, the Comm ssion should consider requiring an area development plan for the southeast quadrant of Terra Vista. The benefits of an area development plan would 6e to solidify density ranges and product types on specific sites. Preparation of the plan would, however, require additional time and considerable effort on the part of Lewis. If the Commission can provide specific direction, preparation of an area development plan would be desirable to help address concerns. • • aNi PLA,;'7:,`;G CO.7?1I S:i i.;% AFF RE?C?i terra 9ista Oevelop~.,~t Plan Amendr,ent 35-03 - Le~.aist May 20, 1985 Page 9 LJ [V. RECCMMENDATI O'l: The Planning Commission should provide specific direction to S[aff and Lewis homes relative to: A. Land uses surrounding the hospital site; 8. The auto plaza as the primary use; and C. Distribution of the 396 dwelling units on the new hospital site. In addition, the Commission should discuss the passibility of requiring an area deve lapment plan which addresses the issues and t_------ ll sub fitted, r1 U ,.' RG:CJ:ns i;~ Attachments: Density Distribution Plan Correspondence from Lewis ! I ~ ~ Q / P 1v~ ~ M82 ~. -_-_- li M I 135 II~ NC M --- ~~ .J 62 80 /~'' II ~~ '~ 104 .... _ _ _iL.ww I M 9 .. OP Kl 67 ~. 95 ~~I ~~ W ~ 2M~ Lr 101 19.._..175 ~~ NC ~201~~~q~ LM I M ~,I ~iJ9H~ II~ 60 / LM I LM j •' LM 9g ~ ~ 117 ~ 89 , li 100 I M X222 P ~E 170 lM E / 52 / I' lA/ 238 '` 59 MN ~_y' ~ \ ~, M LM 110 J1N FN M lM \.',- ;,~ ~ 22J 175 ~ M lM ~\ lM I M P ~~ i78 i~OP\:~~ H M E/ MN `/~ 39] 122 \/~/ 239 ~ M 281 _,., \1~ ~ ~ s Y CC yy1 ~I MSC HO ~ 1 OP 0 ~ ~ P II 1~ ,' i MO i 389 FlOJ~N2 Density Distribution Plan VI-10 MAC _ N 0 500 IOW ISM O -_r xu. ~~L.I n u nORTf i CITY OI' L R~.\CHU CL'CA~IIO\GA PLANNI\G DIVISIOv ITGJb _T:?tea v/~-g Pe .•t-p TITLE ~.s]Z- „rs- -_~,~ • EtH1l31T: r`!-- SCr1LC /"~,~I /n 3yy ~® Terta Yata M82 NC N fi: 104 M 56 LM ~~ ~~ M' 299 ~' 101 ~g 1M3 V~ NC IMN ~+ IIL LM ~/ M /' M I I' 1201. ~ ~L~ ~~yN1 .% M~ 60 ' %~~ ~~;~1]9 P LM LM '~ .:'_ P E LM 99 ~'L~/i 117 ,. 89 2]8 M 222 _..\ 178 lM E / 52 59 MH y' ' / M ~ . ~ I lM~1N1\ J1M X111 ~//~ I~ M lM I M ~,~~58 l\~~9.6_ M 222 175 '~~ lM 1'I, ,. fly P'• ..~` .I 170^.p, LM \^,~ OP\,~°J P-- " LM I' OP ~ LM / I' 106 0P ~ H ~~ I `2~ ~ ~E / MN '\1 PCP 9 E ~ '/ ~ 9 7 CC 0~ C MQIflE V11 Density Distribution Plan VI-70 LM~~~m.r. = ,.a Mi wl MH~~m.,osn N Aso.. n«ar.u ns `~ ]ea \~ M c Ho ~I ~•If MO __•• MAC I H I^ lr Sctl~n~N~ItOW 15000 V~ I~ORTI'I ~ clTy or ~A1~CH0 CL'CAVIO\GA PLAIVNI\G DIVLSIO:V ITG\i Sczea v/~..r c.cQesrEp E~HIRIT .?-- SCALC~ - 14 f' { ~ C E:~. _:.e.. _.~...~ C:.G ~....__~ nPPL_ctiz: ~w~s ~-,r,es - FIL:::C DA:E: iLC.o-,E /~. /`/,f~ LOC \u~3 ES: ~RR.3 Jr~'r.-F- f~.hfcN~ $~S-G~ P.'.C.;EC:: C~/(~f~rj !/Sp r4it-/o_,f,'~vi, sE 7~ ~Cri/~.K 2 //ASP/TA'r< ~ ~l5 .c/«-VF~nJr N .off f~TN>GG- PHO.:EC: LOCnTiO:;: y~vrNGri~r /~,~1 +`- ~~ ~2,y r//c--t /?C. (E:cp la na uen of all "yes" an^_ "maybe" ans.ezs are required on ac:ached sheets). Y'S 1L.`.''E NO 1. Sails ar.d Ceclazv. Will the proposal have sign s:icanc results in: a. Uns cab le greu nd conditions oz in charges in geologic reLarionsh'_ps? __ b. Dis:up dons, dlsp lace~en cs, ce~pac cion o: burial of the soil? _..__. __ c. Change in topography or ground surface eancour in ce rvals? !_ d. The des t: uc tion, covering o: moL fica cior, of an% unique gvc to gic o: ;.hysicai fea:u:es? __ e. nny po cencial increase in alnd or va:er erosion of soils, atac;_:3 eir`.er on or of: site co nd ito ns' f. Char,_es _,. eres i.:., si'c.,,_a n, or doper :_~.,. g. Expcsu re of peov :e or p:cpetcy Co ?eola gic hazards such, a5 earttquanes, land,lid es, C'a::- slides, ground failure, or 5lu ila: hazards" h. M ir,c; ease in the race aF ex c: ac; icn and/or Use of an/ mineral resource? , /~ 2. Hvd rala;v. Will the pro pawl have sign if scant results in: .~ _ 2 "~ /vim ~'~'L C ~ ?1^y2 a. Cha.^.3es is to-tea a, or the cc~ytse of Li-et a oc. of f'_ovia3 st: ears, :..ers, a; eph_veral scraa_ Chancels'. b. Chan3es Sn abso^clon rates, drdipa ge par erns, or roe rase and aroucr of sure ace •-aces ru :t:.' / c. Al teraricns co the coua~ or f'_av of flood va to rs? / d. Change Sn the a:.c uar of surface va cec in am• body of vacer? / e. Dis Cha rge Sa;o surface voce rs, or any al tera[icn of surface vacer qua/i;y? / f. A1ce:atlon of gzoundaacer charac:eriscic s? _/ g. Change Sn the quantl c•; of ground•.+a ce rs, either chrou gh dir etc additions or vSch- dra.als, er [h:eugh Sn cerference v1[h an aquifer.' Quality? Quart i;y? h. The redact ion in the amount of va ter ocher- vise available for public vacer supplies? __ _ i. Exposure of people or property cu vacer related hazards such as flooding of seic hes? 3. Aic Oua L cv. WS11 the proposal have signif icanc results i.^.: a. Constant or periodic air eeissions from cobile of inditeot sources? / Scacianary sources? b. -e[erio ra ciao of amS ienc air quail;y and/or in:e:ference vfch the acca l;v.en; of applicable air quality standards? c. Al;era;i.n of lc<al or re ^, ianal tl'_Gar1c CO^,d J.ISr df:CCti:.y air ::OV¢C¢t:r X015 CUrC or cenparacurN ~ 4. 91J~a FI'o ra. Will [he proposal have significant results in: a. Charge 1n th¢ cha raccerisc its of species, Snclud log dive rs icy, dlscribucion, or nucber of any species aF plants? ~ __ b. Reduction of ehe numbers of any unlqu e, rare of endange red so r. ^.:es n'. ^'-°•-' C .___ . e. Inr:cduction of ^.ev or dis:•~?:!•:e sped os cc plants is;o an area? d. Reduc t'an Sn :he Tor=_nr_al far agr icu l_'c:nl ptacuc :it^? Fzc:.a. Ni11 CSe p^oposal ha•:e sigaiticanc resu'_a in: a. Chanz_ ir. the ch.a: ac:er'_s:iis of s?ec ies, including dlverr r.', dis:~: ution, or nu-6ers- of any spe<ies of ant=als? b. Reduction of the nuchea of any uaie,u e, rase of endanger ed species of anicals'. c. Intro duc:ion of ne•~ a: disco?rive soe d es of anicals in co an area, or result in a ba::ie: co the ci3rar ion or covec.enc ox anivals? d. Oece: io ration or rer:oval of exisring fish or vilcl ife habiw t'. 5. Ponuia: icn. Will the preposai have sl3nif ican: resul :s in: a. Nill the proposal alter the loca:ica, dis:ri- bucion, dens try, di•: ers icy, or g:c•::h :a:e of the S.Lan pop•alai ion of an area? b. Nill the preposal affect exis sing housing, or create a de=and far addi:icnal hous L^.3? 6. Socio =conenic Fa<tors. 1ii11 the proposal have signif ican: results in: a. Change in Ioca1 or regic r,ai sotto-eco nocic characteristics, inc lu di:•3 econo:ie or to~ercial dive ~s icy, tax race, and prop e: ty values? b. Nill project vests Se ecui:ab ly cis c: ibuced acon3 proje<: be^, =_f is is:ies, t.e., buyers, tax payees or p:aje<r usea? 7. Lac'. 'se _'?'^ Cc-•s t'. _ _r.s. 1: ill the ~ ga:c:cacr resu::s :•.. prcpe•al have s: a. A subsianr'_al alteration of the present or planned land use of an area? b. A conflict vi:h any deslynaclons, obj eccives, policies, or adopted plans of any govern:.encal en cities? e. M lcpact upon the qulaicy or quanci:y pf exlsiln6 consu:n ctce or non-<ensuc.o•~~ ay8 • i~ L - ~/ G _ L G _.- • / / ~a y2 , 8. Tra nsoo r:a'iz^. Wi L' C`.e 7:n-asal '.rate s:ga:__csnc resu a S a. Core:a:lon of 5ubs:a nt u_ addi:Sana! ve h!ri ar / sovece.^.:' - b. Ef teen on exis:Sn3 sleets, o: de.a nd f,.; nev st: eet cons:: uctloN _-_ _ t c. Effects on exl5 tic3 parking .`ac li:ies, or d e. and for rev parkin-s? ~ / L d. Sub s:ar.tlal fapac: up o.^, exisan3 Crans po rta- t SCn sys;acs' - . e. Al:erac ions [o pros e..^.t pac;erns o: ci:caia- t icn o: r;ovecent of people ar.d; o: goods'. u _ / _ f, Aleerat ions co or effects on present and poren t!al pacer-borne, Tai', sass t: ansi: or ai ft j r t: a iz? g. Ine: eases In tra.'f is hazards to eococ vehicles , b ic,: cllsts or pedes crlans'. ~- / - 9. Cultcral p.e SOUrc ¢s. Will Che proposal have si3naucan: resuiCS in: a. A disturbance to the into gri:y o.' archaeological, aleen: l i l dj p o og ca , an or historical resources? 10. Hea l:h. Safety, and Vu isance Factors. Will the proposal have signif Scan[ res uls La: a. Creation of any health hazard or poten cial health hazard? _ _ 1 b. Exposure of people to poce^c ial health hazards? _ - - ~ i c. A risk of exp lqs ion or release of hazardous subs ;antes in the event of an act id en:? _ _ ~ d, M inc: ease Sn the noes e; o' ind i:id•aa is or spacizs of vet;or c; p c'neno gza is ~ ar3anisos or :he exposutc cf peop'.e to sue:; o rgar.ls rs? __ _ - e. Inc: ease Sn ex is L'ng noise revels" ~ _ ~ f. Exposure of people Co pocen a ally dan3zrous noise levels? .~ 1 ~, g. The ereaclcn of obj etc Tenable odors? _ _ ' h. M increase in light or glare? 145 C { '~~~ 11. AescSe :l cs. WS!1 t::e p:epr a: have s!ga!`!<ac,c reS da LS 1,-.: a. The oSsc:cL :eon oz deg: adat!an of a.^.y sc ^r,ic vista o: view? ` b. ~e c: ea don of an aes :".e t'_<ally of fenslve 51:2? ~- _~ c. Acenf'_!<: vi t.`. the oSjec ilce of designated J or potential scenic ror: Sdc a? ' -_ 12, Ut!lic!es and °uh I!c Se rv!ces. Will the proposal have a 513nii lean: need for nev s}•str5, or alcera ['_en5 to [he follcvin g: a. Elet:: is pove r? b. Facv:al oz packaged gas? c. CocU,^.!cat!cns SySCeCS? ~ ~ 1 d. Water supply? ~ _~ e. Was teva ter facil!ti es? __ ~~ f. Flood con;ml s[:ucty:es? L g. Solid vasce Facilities? L h. Fire pro tee non? 1 1. Police pro to<t to n? ~ / j. Schools? _ 1 k. Pa: ks of other reoLea cienal faclL;ies? __ ,~ 1. "a!nrenance of public fa c!1i;ies, in<lud:n3 roads and flood~eontrol faci11e1es7 __ m. Other gone r^.:ental 5ert•i cgs". ~_ 13. En ere•: and Sc.+.:ce °.e s~•::c^s. 6'ia :Fie p:ego s.;i have s:gca SC.:nc results in: a. Use of suss:antial or e.c ^_sslce fuel or energy? ~ _ ~_ / Y D, SuSstantial !nc: case in deoand upon 2xis [!ng sources of energy? v c. An increase in the de=and for developWenL of nev sources of energy? `. 1 d. An increase or perpetmclon of Che co nsv~ption O£ non-ten eva6le Eo rs of energy, when fens 161e tenr•able sources of energy nre aval3ab le? ~ a. ]' O f C _ _ - ::0 e. Subs:social de?le tics of any no near: ab le o: 6CaIIC^ nd:L: al :?SOL:C_1 / 14. 9zr.da ec r; rinae.zs of Slc-if ita^ce. a. Does cae p:ojet: have L`.e pocea awl to degas de th.e quality of the en•:iront.en t, suSstan dally reduce the habitat of fish or wild life species, cause a fish or wild li.`e popula :ion to d:op belop sell sustainin3 levels, [h:eazen to eli~ina:e a plait o: animal coeuni[y, redcc e• the nut:ber or res t: Sc: :be ra.^.5e of a raze ar endangered plan[ ar aninal or el iainace ieoortan: a<a=pies of the caj or pez iods of California h15:ory or p:ehisco:y? b. Does Che prcj ett hate cF.e po[ential to acted eve short-ce ~, to rte di;advan:age of long-te r_., emiro-cen cal goals? (A shu: c-tech i-pac: an the envi mn~ent is one vh ich occurs in a rela[8te 1y brief, definitive pe: iod of cime while long- ter iWpatts rill enda:e pe11 into the fu[u;e). j -' T C. Does the project have S~pac is phi<h are led iv id ually lixiCed, buC cu~ulatlvely coasid e: ab Le? (Cumulatively consid enable means chat the irc:ecencal of facts of an individual project are consid ezable when viewed in tom etc ion with the efi eccs o: pas[ projects, and probable loco:e proj eccs). _~''~ d. Does the project have envi:o ~en:a1 effet a which pill cause subs:ancial adverse eff etc; on ht_.an beings, eic".e: dt: ecily or iodireccly? II. DISCCSSIO~ OF E1TI30t"5`f?RL EPALL'". i0`t (i.e., of ail L-..a cive anspers to e above questions plus a discussion of prc posed ci civaCicn Ch xeasures). ~ / o-~~/~ ~J / ~ ~ ~_:_ - IL. D~ "' i On t.`.e Da5!s of th!s i^!c!al e•:a lua:'_or.: I flail :.,",e proposed p-,ojnt „J,:;-% aC: ta•ie aVs i6n e_acan: effect on the envi."a:ven:, ant a :' ~ DYC~' `~ vai be prepared. _ I ficd :hat al:`.:ou6h the orepos ed p:ojeC could have a sl6aif!taa: ei feet on the envi: a.^=er.:, c`,e:_ will not Des 516-!:'_can: effect LJ in [his case because the a!:!6a:!o^ ceasures desc: ibed on an attached sheet have Deer. added :o the pro; ec c. A ::~...~.••~ DECL.;3dSi0:: FLL~. SE ?R.? Z'~. r•-~ I fi^d the proposed 7roj etc Y;Y have~a s16n!=1c~ a effect on tF.e ~{ env_r ~enc, and an c;1I D:.:: Date /fyr.-~L ~ /9~~ l (>-3B/P a> > a ®TERRA VISTA July 17, 1985 .. ~ ... ~ -.. City Council ~ ~ ~ ~ ~ ~ •-~ City of Rancho Cucamonga 9320-C Base Line Road Rancho Cucamonga, CA 91730 ATTENTION: Dan Coleman Planning Division Re: DDA 85-03, Terra Vista Community Plan Amendment No. 1 Gentlemen: The Planning Commission, at its last meeting, gave its approval to Terra Vista Community Plan Amendment No. 1 (DDA 85-03) and forwarded the matter to the City Coune it for action. • As you may recall, we submi Cted a comprehensive amendment for the southeast quadrant of Terra Vista some four months ago. The Planning Conuniss ion ini- tially approved only part of the amendment, the portion dealing solely wick the location of the proposed hospital; that portion came to the Council far approval; and the Council, quite properly, directed the Commission to finish its review of the complete amendment concept before any Council action. That work is now completed. eecause the same city file number was used both Eor the pa reial amendment which came before you some weeks ago, and far Che complete amendment which has now been referred to you by the Planning Commission, there is some poss i6ility for confusion. This letter is sent in order t0 clarify that it is the complete amendment which the Planning Commission has now reported out, and of which we are now seeking the City Council's approval. We ask that Council review of this amendment be set for August 7, 1985. Thank you. Cordially, LEW IS ^EVELOPMENT CO. /ii,~l Kay Matlock P/roject Manager ® 11664 fdi Dimon nvc Pp. Om fi70 . UDtrma CA 01786 ZSJ RESOLUTION `!0. 85-104 • A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF TERRA VISTA DEVELOPMENT PLAN AMENDMENT 85-03 REQUESTING A CHANGE TO THE LAND USE PLAN AND TEXT FOR THE SOUTHEAST QUADRANT OF TERRA VISTA INCLUD ItlG A HOSPITAL AND MIXED COMMERCIAL, OFFICE AND RESIDENTIAL USES, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF ROCHESTER AVENUE, EAST SIDE OF MI LLIKEN AVENUE WHEREAS, on the 10th day of March, 1965 an application was filed and accepted on Che above-described project; and WHEREAS, on the 10th day of .lu ly, 1985, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and • 2. That the proposed district change would not have significant impact on the environment nor the surrounding properties; and 3. That the proposed district change is in conformance with the General Plan and intent of the Terra Vista Planned Community Text. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will-not Create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on ,1uly 10, 1985. NOW, THEREFORE, BE IT RESOLVED: That pursuant to Section 65850 to 65655 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 10th day of 3u ly, 1985, Terra Vista Development Plan Amendment 95-03. 2. The Planning Commission hereby recommends that the City Council approve and adopt Terra Vista Development Plan Amendment 85-03. ~~y RESOLUTION N0. 85-105 • A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING THE AREA DEVELOPMENT PLAN FOR SOUTHEAST TERRA VISTA LOCATED ON THE NORTH SIDE Of FOOTHILL BOULEVARD, WEST SIDE OF ROCHESTER AVENUE, EAST SIDE OF MILL IKEN AVENUE IN THE TERRA VISTA PLANNED COMMUNITY WHEREAS, on the 13th day of March, 1985, a complete application was filed by Lewis Development Company for review of the above-described project; an d WHEREAS, on the 10th day of July, 1985, the Rancho Cucamonga Planning Convniss ion held a meeting to consider the above-described project. NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: SECTION L: That the following findings can be met and the Rrea Development Plan for southeast Terra Vista is approved: That the prapo sed project is consistent with the objectives of the General Plan; and 2. That the proposed use is in accord with the • objective of the Terra Vista Planned Community Text and the purposes of the district in which the site is located; and 3. That the proposed use fs in compliance with each of the applicable provisions of the Terra Vista Planned Community Text and Development Code; and 4. That the proposed use, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or fmprovemen is in the vicinity. SECTION 2: Approval of this Area Development Plan is contingent upon the City Council's approval of Environmental Assessment and Terra Vista Plan Amendment 85-03. APPROVED AND ADOPTED THIS 10th DAY OF JULY, 1985. PLANK ~ OMMiSSION OF THE CITY OF RANCHO CUCAMONGA BY: PMMM ~C1~ Dennis L. Stout, airman u a,rS ORDINA!dCE ~B9-B~}=BT0 a,70 • AN ORU[NANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TERRA VISTA GEV ELOPMENT PLAN AMENDMENT 85-03, REQUESTING A CHANGE TO THE LAND USE PLAN AND TEXT FOR THE SOUTHEAST QUADRANT OF TERRA VISTA, INCLUD[NG A HOSPITAL AND MIXED COMMERCIAL, OFFICE AND RESIDENTIAL USES, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, NEST Of ROCHESTER AVENUE, EAST SIDE OF MILL IKEN AVENUE The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION is The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, reconnnends the district change of the property hereinafter descrihed, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered • said recommendation. B. That this District Change is consistent with the General Plan of the City of Rancho Cucamonga. C. That this District Change is consistent with the objectives of the Terra Vista Planned Community Text. D. This District Change will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The southeast quadrant of Terra Uista is hereby redesignate aid the Terra Vista Plan text for land use is hereby amended as shown in the attached Exhibit "A" and Exhibit "B". PASSED, APPROVED, and ADOPTED this 7th day of August, 1985. AYES: r 1 U NOES: ABSENT: orb City Council Ordinance Page X2 on O. Mikels, 14ayor • ATTEST: Bever y A. Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 7th day of August, 1985. Executed this 7th day of August, 1985, at Rancho Cucamonga, California. ever ly R. Authe et, City Clerk • • ~r7 ~~ a:::~ \\\\\\\ ~~~ Yl~ ~ NYIO ~IVD V11i ~' / LL~u ~`' -~ I ~4 ° ; ~ GG~ ,..•., Vf.lay '~/ ~ ~ ~i :~: : d RESIOEN-`IA~• LM •w sY •-•= MWs~s•. «~ N 'm•sr. AL wow A10 a e_iaw Mi ~ws P LANG US! / C6R811Y DISTRIBUTIONt AM[NOM[NT MO. ~ aNU f~N~ND ' ~w - • •t •n u•r ~/~ ~//~..7 ~ • i i, i, __ omev~msu.cvrerDw~•au •mcu canAa •~•••- \OVt[Y••D iDOtMilt _ V V 1(~RTN CITY OF ITe~I T~/ OIL o5-03 RA\CHO CL'Cr1~'IO\GA TITLG ~i°^-~~ L'A""' ~~ MO's' PL~\NN(.\G UI~'ISIOV EXIIIIAT _~-~~l.C~ ~.s8 .. ~ T~ s;~"..>~ "~3~T,a July 2, 1995 Planning Deaa rtmertt City of Rancho CUComORCa 9320-C Base Line Road Rancho Cucamonga, CA 91730 ATT E:1T IOt7: Curt Johnston Re: Amendnent Mo. 1 m the Terra Visa Coca;unity Plan De az Curt Whi 1e we assur..e that correction o: t.*.e amanL ent text is to be como le ted after Planning Cormis lion action, we have gone ahead and made the necessary corrections to conform [he text to [he amendment which is now before you. using as the base document the original amendment text as submitted to the ~Planninq Cormiss ion in March, ve r/ few changes are necessary. Enclosed are the newly revised pages for the Land Vse Plan, Statistical Eua~ary (with footnotes), use reS'ulations, and the exp lanatoty graphics at the ben inn ing of the text. The rest of the text is still useable as submitted. Cordially, LEWIS DEVELOP21E77T CO. iCay Matlock Project Managez ~ enc. n 56N MPUnian AVe PO Baz 670 UPland CA 91755 (71 d) 9550971 ~. ~_., _ „< .T.,S ~Il~1T ~~Y- TAT AM~Q ~ ~' 9 C , C ~~ .a. L U n v Ewa c_ L ~n J u WZG c rv n a ua ~c r`~i m,n ~+ n n .-gym ~\~ n N C N E ° m rr L V1 J C WG~ w 0 L ~ v d = 'n ._ J ; C Z C~~ c v ~ L ~+~6U e-~¢ ~p a o~ (i C ~uU o L L U _ V C f~l 0 ry M S u1 V1 41 mrv~~ n rv m o O t~ N 41 i0 V1ery ~i0 ~mN.-~m ~c czar ~ N nco ~.- ~ ~ o s'n rv n U ^.. 4 U ~ ¢-o D~,°~^ mC^Q ~O ^ ~. 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O _` ~ ~ 5 O ~ p n 3 c~ rv o n a 0 0.. `a ~- LV'~ ~JC N V C L c Ca '°^ t9= v m - y c L .C a CN L^'°a « O a _N L L a O L C v r > L " m a o a.y aE C 9 0 O ~ OaaW'inG` . L , « C V a p a'~ p > ,~ 3c~'-°E oa _ c ~ ~ ~ u N `° ~ ~ 'n ~ ~ u o` u - r z a n 4 u - a !_' /1 ~ 3 n 'J U N u J J'l u a = c N>.aoEa L C VI l `~ 'i 'n 7 _- ~ N l 7• GI 1 u a 'n 3 N ~ ._V _ m °.c c E~ a N U '° a' y a O ay N ." C m ~ ° ~ C - a O v ; E ~ ~~N ~ L ~ 'E :0 0 a a C1N~ ~ ~ C L L a >,` W ~ r fl. a j ~ u ° N,J C a a E o .. o$~~ L L L L N (O .L+(~ ~ m a = N'N a ~ u " ~ J J _ - ` ~ J N ~ U ~" U C O a c 'c rJ .: m > U `u ~' j L ~ a E-~ E p c c !~ u a C -, O .~+ n ~ - 4 ~ `u > 6 u W L L ~~ U U - VI U ? C O~QU a ~ ~ _ C .°! _ ` C C ~ ~ N "' V J O m `~ ~ p ~° o~ u u V p ff N '- C_ O ... O __ N G~c L L'~ O va,~V a~ N j b y - p C n C a a ~ - ~- C m p ° L? c u ~ E a C ~ T_,o ~ ~ x n m a", E° L E~ p ~° .- L E r n ... c ~ ,~ u > a._ LG3 _NV3a ai~p" ~ ~ a o u m~ ..L .a~.2 ~ - d ~ m t ~ a c~.N_ o - u c 3 u u~ ~~. c!? v °3~~ m `' O O .. u c u- u J v ~ E o c ,a~ E a •n ~- U un2~ v~1j~ ]cCE N ~ $ N 6X~I~a~T F~- 3 . ~c~ ~ N T~ r a n .- L 0 U 7 Z 6 G.. N C u a L C E ~ ~i ~ C uaa E aC¢ N ~ T a3" ? c a a ~ E n - ° E c a a C,e ~ _ U - ° E ~' ~ Y n C L , _ va~E ~ = N `~ ~•7 ~V N U U fj y n ~ 9 9 N -~ a n c ° ~ ~ . u .. y T ~ E V C -n n n y C T _ a N - u fi _ ~ O U N C U ~ L y N N .n u ^ N ~ u •n a c u c m -~ U OI N L- P ~ J ~ . ~ ° ~ d a c a~ i J _ n ~ ` > p = _ u o = ~ ~ ~ ~ o ~ a N n ~ n a C ~ ~ a > a ~ N ~ ~ N ~ o 'o ~- C E L ~~ ~ '~ L = ~ ~ o ~ c n ~ Y Gi a a L U .. ° L N C = ~ ° _ ~ - ° U :1 .. _, u E 's o 'o L N o_ u u a >, r wa . Td d ~ N ° "Cl. m ^,r a L a L G ~ O C 1 ° C 'Q N d L U n d L~ a ~ JI Ji N d L p L N N C Q d N a _ N~ d n N ` N y d.- n Q a n d C v n N C a N a N d v d u ~ V C c d C ' Gl N a ,n U V° d J C J~ U y U _ C1 ~ N J y N 9 _°~ ~ Jci - Y ~ . _ ei a E ~n ~ a v ~? r ¢ in d' O~ E u ~ r N u o f a .^ n ` L O !- a C~ 2 ~ O ~ U 6 u O E o O F - 1 C s ~ ~ E u a ~ 'o c E ~ ~ r E u ° O C n N y ~ O U ' m ~ T r u . c ~ ~ ~ m V L ° C ` ~ v ~ c n n -' U LL w N ~ ~ d ~"' N a L_ ~ ~ t N N d d N 1 L d d a N ~ O1n a a u C > N C a f L •C = N a V N C J r a Y N n O N 'y ry y n N rj T« ~ d S ~ ~ ] V ~ C T« d o a ~ L • ~ c a ~ v a J~ c c a o ~N o m v a ~, o ~ v •~ j d a ~ - , c a mL °., u 'r ~ u E a ~ c o ~ a cL ~.. u d d L O t r ,9 N n ~ C W o L L c N- a n'nn Q d N'T' 6 C N O N d`. n.rq - L~ U C ° N '° v C1 d ~ a y O ~ y _ j C V U U C m U d n N 'O ! l V~ ~ y a d L ~ O N C N N 9 3~ J a ~ ] d ~ C n m ~ W V y 3 a J O U N • - C N ~ ~n >, ~ vac 'E 3 .. m~ '_n c y J c m m ~ ? u° a ~ ~ n o ~ ~~ , c ~~ ~ .. n w ~°+ ~' J n c a o~ c J N ~ u C e r NL u E L L am" v d E c~ ~ - n . °. c ` ~ ~. E ~ E J m u ~' Lc- N r N . . N - in E L N r ¢° O~'e ~o ~ ra ~i ~ ~ < of ~ ¢ V V ¢~ O~E `o > E.xF11P,i1T g' ~' .t c ~ l- c u N u '- A 16 1 . '~Ic, :' ~ a'~ ~ ' c'I E_ i_~ ¢ #i~ ~ i e e'ali is ~s~i5 ~ ~! 7 _i~_ ei _~~. m_m :_I_ ~ ? I ~ .~ I a ~Ii S 1 ~ G LL ~ ~ W O ~ ~ ¢S y" I / ~ \ m Q I I ~ ~ \ \ m ~ j S ~ W I J I ~ ~ ~ W J ~ /a ~\ o I V ~~._ '~ .I ~ ~ J ~~ ~ ~ ~ ~ I . I W ~'~ I~ ~ Z ~ 6 t I II~ J ,~ 3 ~~~ ~ i I = ' .I = ~ - /~ ' ,~~ ~ U '' _ ~ 4 ~ ~ a ~,'~~ o i _ Gn _ r u ~ _~ _ I_ ~ ~-- Z --- 3 ~ -,` -~ v ~jttl~lMs~T Rr5 _ ~~, C J l ~v O m ~ m m J N < ~ ~o ~ aA `. a ~ h i .s'~.+..n .-o.~ p^~ U U Q _ . aro 7 m C ~ ~ mmO ~- '•. . a 3 d o q e •~ ~ s °~ 9 i ~~ ~ C 0 Sap ~ O J 0~p a =¢= 9 « V ~ C O rl QI N ~ E CiNO N Q O Iw m A ~ ~o ~o Y o a y U o a R < d m m Z s q 7 'w ~) J ~ Ltl ~IJOb L Q j m.. 01 p ~ s~° " ~ d~ 5~~~., . ~~'. ~~11 ~~ ~~ ~ ~ 010 O. w°O~ y S3 a Cp w .~ g ~;o .. G Z Q r ~,y ~+Y.IIl1 ~ « ~ 3no a I~ ~, 1 W O n ~ r Ejt~1~'R.~T ~ - ~i aGY ~8 r r= a w LL i J i .~y,cu.roy~, L W ~ ~- 4 __ ~ V ~~~~ i ~_ 3~ ~ ~ ~ Z a V '..1.... W <_ U ~ W F Q W ?~ 41 i W o 1 W p W ~ t rE o i \ 1 o a Irv Mw~o co a ap 1' ~ U _~ uY } U p N ~ ~ = o f Eaa ~ g ` c 8 j 9 J Oi p V ~~~---I C ~1 CaU \ ~ ~ „,d.~d ~ l-J L ~t a ~ ~ t ° ~i W '~ ~ ; O ~1~`1 d N ....... + S V• < F tKY W ¢ ~ J ~ ~ ~ Q i v s - ~ e 5~ 3 o -- _ ~- ~ ~s O a ~ m N ~ ` _ 2 1 A 7 ¢ ~ \~ 1 m E 4 .' ~ > Q O 1 p : : a s Y u U p _} . W i Y1\~I yi .. O~ < ms //y~~ W t0 p E o ~ 1 W : 8 ~I i y! W rn 5 m J / r:~v' ~~~~~i~ ~ ~ U of m e 1 s I I g Ur '" O W V LL E~rA~rs-T f3 - ~ l n m m V ~ u m ~ ry N P ~ ~ n v m "i " a ~~ ~ EI m c o o o P c L I? Y O C v1 d U C r m u a Y ~y 4 C P 0 C yl F d v rv r a N f 2 ui o I " m ~ j N ti C' N N F 6 / C~ C r ~I ~ 4 F' u u a~ a y " . ~I ~ ~ C C • ~ 7 2 N d 0 ~ E K ~ u ~'~ vl O u U O 4. d ~ ~ P v ~n n N W C C L ~ ~~ . N n n of a ~p O~ E u F 4 n r _ c v u 4 N C ~.~ i = d C VI ^~ F E ~ O a .d'. ~O Z 6 q U ql Y ~ N M F W j ¢ ~ ~. m n F u .. ,y ~ ti a " 3 C v o C .w ~ ' U ~ i-1 'J iO N L r p. ry N P c ~ ~ Y r n ,.~ ~ n P9 ~ ti C I~ " L q .~ ~ O C I d c c m m d u ~n a ~+ u m > ~ ~r S ££ M rv H Z £ £ .i F U m c y C E~cr11P~1T Rr • b z~~ rlmv nr u e ti run rr *r e a~rrnvr e • C I STAFF REPORT t'~%'~. ~~~ \:_ _ ~~ Date: Pueust t, 1?RS _ C x L Z 9 Te: City Council. and City Manaeer - to-- From: Bill Rolley ,'~nirector, Cnmmunitv Fe rvi cea ^epartmeni Suh ie ct: FPVIR m M°^!m AL ASSF"cMEDtT Fn4 ^VCPMf1M GA CRFFK TPpIL PN^ PAAK PA 0.TFCT RFCRFATICN FACILITY RACK ,P CfiNn: The attached environmental assessment and Ne as five Declaration has hero prepared by staff for the Cucamonga Creek Trail and Park Recreation Pr oiect. Review of the project has indiea fed that there are no sionificani environmental impacts an tici Fa fed wi [h the project. Consequentlyr a Negative Declaration is recomne ndeP for approval by the Ci tv Council. RF.CCM MF.NDATION: That the City Council aFprove the attached Neqa five Declaration and er.virc omen tal assessment for the Cucamonca Creek and Denens Creek Recreation Project.. ~G 7 CITY OF RANCiO CUC,LHONGA NEGATIVE DECORATION • 1. Brief Description of Project: Development of a park/trail system consisting of the development of a 3. acre park site, a .5 acre trail rest stop area and approximately 3 miles of biking, riding and hiking trails along the Cucamonga Creek and Demens Creek flood control channels. 2. Name and Address of Applicant: City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA. 91730 S. Pursuant to the provisions of the California Environmental Quality Act of 1970, the City of Rancho Cucamonga has determined that the above project will not have a significant effect upon the environment. An Environmental Impact Report will not be required. ' 4. Minutes of such decision and the Initial Study prepared by the City of Rancho Cucamonga are on file in the City Clerk's Office of the City of Rancho Cucamonga. S. This decision may be appealed to the City Council of the City of Rancho Cucamonga. A written appeal and filing fee must be received by the City Clerk's Office no • later than 5:00 p.m., £ourteen (ld) calendar days from the date o£ the City Council's dec isian. 6. This Negative Declaration is subject to the implementation of mitigating measures (if any) as listed on the attachments. DATED Mayor, City of Rancho Cucamonga Title • ~. ~i .'. . i _._ _.. SHEET ee coao__ecec zoo'ican` _... ___..-.c...tdl :+ssess-ent Re•:iew ^__. Sal. ~0 ~_ _ • tea.-... ;arc - rot. «•_ __:..___. .. e. _ ?or a-_ ?:cjec`s - ':q e:~ __'_ _e'a, .,is fora :cost be cc::a'_etec gad s•.:_~mitted tc ceve lo?-eat Review Cc^~i _ through t..P d=_car =:.ent were `_`:~ OLC]eCt dp?11CdtiO.^^. 1$ ^dde. J-On recei?t Of 1:11$ a??lication, the ~nvircn.:•entzl Analysis staf_' will ?reeare Part i2 of the initial St,dy. The Oevelcocent Review Cor..,i'-_ will meet and `ace actiOa no liter than (10) days be'_ore t:1e ?ubli^ ~etiag at which ~_me ._ pro; ect is to be heard. ^'::e-COai~ _e will Hake one~of -__ determinations: 1) The protect will have no sica'_- f ~^ esri- tat impact aa3 a .iegative Ceclaratica~ wi'1 be fil=_3,+2) The nrO'ect •a i'_: have a sigai= _.._ ec•r_- ...._..tal im?act gad an -rvi- -.ental i.-..ezct 3~ro_~ :'_•~ beT?renared, cr 3) An add_t_cr.e1 iafcrzat_cn~ exr_ s::anid be scc~lied by ..._ _nn.zca.^.t civiag _°nrthe= _..=„^.a- tLC^ CC1CornlP.g t!':e DrC?C52d CrCj 9Ct. • 2RC,;ECT Ti_L_: Cucaconcia Creek "rail and lark Pro iect a??L:C2.JiT'S :7T:AE, :+i O? SS, T..~:.?3C:CE: Citv of Rancho Cuca^on~. P.0. Box SC7. Rancho Cucamonga, CR 91730 (7'4) 9d9-'A51 x 2n :IP?'?, .1DDR=55r TL°?F.Cii~ O° 2E35CV TO Sc CCVTaCT~~ CC:7CCR.`1IGG T3i5 PROJECT: nirk Ma oPr oa.tr °.n sort r~~.ns (713) 9E9-1851 x 220 LCCnT:C:I Oc PRCJECT (STAE rl^u C.2'SS ;.:IC ?,S SESSCR PaRC== :iC.) 450 fret south of Bacel ina Road *0 400 fee* north o° Hitl cirlr °n•.+ ,1 nnn the Cucamonga and Oemens Channel c. LIST OTH:R PE'Hi TS tiECESS.aR: F=C:A LCC a:.r ?L'-GIC;ia:., STaT_. :.:iD FEC~RAL 1G'n:ICIES A:7D THE .aCE`!C: iSS;;::.; SCCH PEP..`!T_:S: Cal '•an5 Fnr~~ir~^ ~r > fonetr• rrinn Prr'•• ~ n ae n d+ r. ., n-,.: Co rtrol District Permit. f,i tv o` °ancFa Cu ~rnn^a 9'i 1•'i - °<r~,;r Z-1 - _~ -O__.. .. .. _...__. ._ . PRCJ3CT_ DESC_RZ?TION DESCRI?TION CF PROJECT: See Attached • AC3EAGE CF PRCJECT AREA A41C. SQUA?_. FCGTAGE OF E:[ISTI;+G AND PROPOSED BUILDINGS, I? AD]Y: Cutamo r,aa Cree ks ide Park 3 acres Demons Trafl Rest .5 acres. restraom buildi na 600 ~a gar f DESCRi3E THE ENViRON:^ENTAL SuTTI\G OF TY.E PROJECT SZTE INCLUDING INFORL^ATION Oil TOPOGRAPHY, PLANTS (TREES), ANI}1?*,.,5, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE CF SU?RCUNOING YROPERT225, AND TH9 DESCRZYTICN OF AMY EXISTING ST RUCTGRES ANO TH2Z3 USE (ATTACH NECESSARY S'r. TS); See Attachetl Is the project part of a larger projeot, ane of a series of cumulative actions, which although individually sma Ll, may as a whole have aignifieant environmental impact? No I-2 • Z7O tQILL T3IS ?-ROScC=: • Y°_5 A'O ~ 1. Create a substantial c'.:arge is crou.^.d contours? X 2. Creat_ a sasnaat_a1 c^ange _.. _..istirc noise'or va ratac a? 3. Create a substantial change is de.^..a^' f-= - ~ municical ser•: is^s (police, fire, water, sewage, etc.)? X 4. G care chances is the existing zeaiac or general p'--''-n designations? _ X 5. Remove ary e~cistizg trees? How many? X 6.. Create ine need for use or dispcsal of potentially hazaraus materials such as toxic s•ur stances, flee :.ab les or e:<?les i•+e s? cx~lar.aticn of any Y_5 answers above: N/A • I ~SaORmn.VT: If the project involves the carsL UCtion of residential units, ccmplete the fo r:a an the next page. N/A • r...=,T _c _CzTICH: I hereby eerttfy t'.:at t::e stone-.e.^.ns furnished above and in the attached e:<hib its pres e..^.t the data and infozma tion required for this initial eva'_uatica to the beat of my ability, and that the facts, statements, and • information presented are true and correct to the hest of r,.y knowledge and belief. i further understand Ghat additio ^.a1 it.fe r...ation r,.ay be required to to sutmitted before an adecaate evaluaticn can be made by the Cev~'Lcpment Rgview Cor. ^,: ctee. Date 7/sl8s SiSnature~~~~='~%~" .• (\/•~}~^/ •__. ' Title / ' , -~ I-3 7/ project Description The Cucam o.^.aa meek. ;raii and Pa c:< 2roje ct provi Ces va Hers dn•:e'o;~ed a=ees fur retreat: cn sl use. Cucamonga Creekside Park, a 3 acre site :orated at =ase li ne 3oad, provires trail access, restcoom fati li tie s, a 40 car pa rkinc lot, picnic tables, braziers, a drinking tountai n, trash receptacles, bicycle ricks, and passive recreation areas. A separate picnic area wi ih two overhead shelters will also be pxo vided for park and trail users. The Cucamonga Creek Trail Systems connects ",he previously ne ntioned park site to the proposed Heritage Community Park, providing pedes [zian, bicyc li nq, and eq ues [c ion access. Leta led along this trail system, approximately half way between the two parks is a .5 acre rest stop, to he known as nemens Creek Trail Rest, at the confluence area of Ghe Cucamonga and Demens Creek channels. This area is intended to provide a rest stop for the hikers, bicyclists, equeser is ns and other trail users. This area has been designed to provide 2 ove zh cad shady strvctures with si ttino areas and a water fountain. Shade and cooling are also provided by can oFY trees. The pr ojset as o involves the censtrcction of four pr efabri ce ted Aridge crossings, one prestressed toncre to bridge and two street underpasses, one at Yinete en th Street and the other at Baseline Road. The Nineteenth street . underpass will recuire a short duration (approximately 2 to 3 weeks) closure of the street to accommodate the work. • ~ -. . ,~ . . Fnvironr'enCal Se ttinq The Cucamonca Creek Ttdi1 and Pask Projd ct Recreati^n Fari lity c:xprires a ocrticn of the flood control project for the Cucamonca Creek basin. This bas i.^. incosporaCes arproxi care ly 76 snuare miles of the 2,670 sasare Wile Santa Ana drainage basin. Both the Cucamonga and Ceuens ch ar,nels drain southward from the base of the San Gatriel Mour.tai ns and then converge abcut a half mile north of Nineteenth B[tee [. The Lopooraphy in the vicinity of the channel is generally open and £lat to rolling. sloping gently upward toward the mountains to the north. The terrain is extremely rock v, consisting of numerous river - washed boulders, ?ravel and sand. Natural vegetation still existing in the project area cons iSts of a blend of chaparral and coastal sage scrub plant eommunities unique to southern California. Dominated by a diversity of drough[ to leran.t shruhs, the area contains few farce trees and is very open. There are no rare or endangered olant or animal species atfected by the development of the site and there are no cultural, historical or scenic e leme r,ts present either on the site or on sutroundi ng properties. • r ' a+.S clrt cF i,::caa c::c;>:c;:GA . PA.Ri II - I:7L iIAL 5. 'DY EWIAOATIE?iTnL CP.EC$LISi Doi July i9 APPLICA:;T: Lity of Rancho amo rye FILII:G DATE: 7/17l8S LOC HU>3ER:~n P407ECT LOCAIIO:i: f'• f R h f y I. E`~%;7o:C'EVTAt I:".PALTS (E::p la aa[ica o` all "yes" and "maybe" answers are required on ac:a c'^e? shee cs). YES :4AY3E gD 1. Soils and Geology. GELi the proposal have • sigaif icon[ :esulc5 in: a. Unstable ground conditions or in changes in geologic relationships? JL 6. Disruptions, displacements, compac cion or burial of [he soil? ~. c. Change in topography or ground surface contour intervals? -~- d. The dascruction, covering or modiF icacion of any unique geologic or physical fea tares' ~ e. Any po cencial increase Sn wind or water erosion of soils, affec sing either on or ofE X siee condice ns? -- E. Charges in erosion silts c!on, or depo s: acn? __ Y. g. Exposure of peeole ar property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? ~_ ~.. ~~ h. An increase in the race of excracelon and/ar use of any mineral resource? ~_ ~ 2. Hydrology, [till the proposal have signiEicanc results in: c4 ~r YES MAYBE NO a. CS_n ges in torrents, or [he course of direc[ioa of flawing streams, rivets, or epheceral stz2am channels? ~ • b. Changes in absorption races, drainage pa [[erns, or the race and amount of surface wac2r runoff? R c. ALCera [ions co the cout'se or flow aE flood ': d:2r3? d. Change in the amount of surface va cez in any body of water? __ ]L_ e. Discharge into surface waters, of any alteration of surface water qual icy? ~ f. Alteration of groundwater characteristics? ]L g. Change in the quantity of groundwa cers, either through direct adds [ions or with- drawals, ar through interference with an aquiver? Quality'. Quantity? __ X h. The reduction in the amount of water acher- wise available for public voter supplies? __ ~ [o water t • y i. Exposure of people or propez rely ced hazards such as flooding or se fiches? __ % I. Air Qualiry. V7111 the proposal have significant results in: a. Consrane or periodic alt emissions from mobile oz Sndirect sourcest ~ __ 7L Stationary sourced _ L b. Qeceriora[ian of amb iene alt quality and/or SncerEerenee with the aetainmenc of apoli cab le air quality standards? _ ~ 7L c. Alteration of local or regional climatic condition9, affecting air movement, moss cure or eemperature? ~.- ~ 4. Blom Flora. Nill cha proposal have significant resin [s in: ' n. Change in ehe characteria ties of species, induding diwraicy, die eribution, or number • ;r, a[ any species of plancat ~ ~~. Y :~ _~,; b. Reduction of cha numbers of any uniQua, rasa or endangered species of plantsT ,~ ~ Y ~C^y ~ ~~- 1 Y.5 ~AYSS \0 c. Irc:odu¢ioa o= ne~a or disruptive species of • ylants into an area? ~ d. Redo<tion in the po tencial for agr i<ul [oral p: oduccion? __ X . Facr.a. '„!11 itie proposal hav^ si3aif !c ant resu Ls in: a. CFang_ in the chzractar!s ccs of spec ie S, including diversity, discr ib ution, or r:~r..bers of any species of animals? __ X. b. Reduction of the numbezs of any unique, rare o: endangered species of animals? y_, c. Introduction of new or disruptive species of anials into an area, o[ result in a Garr ier [o Coe mig:acien or movenent of animals? 7(_ d. Cete ao:arion or re..^..oval of esiscir,g fish or wildlife hob itac? 1(-. 5. po r: iacion. Will tie pro pesal have signif icar,r results in: a. '+ill the proposal alter the Location, disci i- • bucion, dons icy, diversity, or grevch rata of - the human popular ion of an azea? ~ 6. Will the proposal of fecc exis cing ho us!,:a, or create a demand for additional housing? IL 6. Sot io-economic sac to rs. Will the proposal have s ign if scant results in: a. Change in local or regional socio-economic cha:ac:er is tits, including economic or <c.-er<!a1 diversity, ca:< rate, and p:oper_y V aiuea? ._ ~ Y- b. Will pros ece costs 6e equitably disc:ibu red among project beneficiaries, i.e., buyers, tax payers ar proj etc users? -- Y 7. Lard Lse and ?_anninz Co nsideratlors. .rill the pro?osal have significant results in? a. A substan vial alceracion of the present or planned land use of an area? ~_ Y b. A conELiec vich any designations, objectives, . policies, or adopted plans of any governmental ; • - encicies? ~ Y- c. An impact upon the qulaiey or quanei cy of exlacing consumpeiva or non-consumptive raeraaeional opporcunities2 _ ~ al- Y=5 ~!4 ~3= ::C 8. T:ans:o zcx^ on. Will the proposal Lave si3nif icon[ Y2541t5 i1: a. Generation of Subs [an ti al additional veh iculaz • movemen c? aL.. b. Effects on existing streets, o: demand for rev street tons t: uc o'_a n? ,_ _S- _ c. ____ _s on u:is cn3 pazi:ic3 `. acilic es. e: de-snd Eor nev parkic3? _- -_~ __ d. Substar.t Sal impact upon exis cing Cransporca- Cicn sysCems? _-- ~. e. ALterac ions to present patterns of cizcula- cinn or movement of people and/or goods? ,g f. AL[erat ions co or effects on present and potential voter-bo r:.e, rail, mass transit or air CraffiC? .~- g. Increases In Cr3f fit hara:da CO mvtOr "leh SCle$, hit:discs or pedes criaas? .~_ _ 9. Ccl:urai Resources. Wii1 the proposal have sign ti=act resul cs Ln: a. Adis [u:S ante co the integrity of archaeological, paleonco logical, and/oz his co rlcal rescur<es? ~, . LC. He a~th Saf ecy and Xu isance Fac to rs. Wil'_ the proposal have signiE ice.nc results in: a. Creation of any health ha za:d or pocen tial health hazard? -- -- ~ b. Exposure of people co potential health hazards? __ ~ c. A r_s;: of e:<p Los ion or release of hazardous substances in the even: of an accident? __ _ 1 d. An increase in the number of individuals oc species of vector ar pathenogenic organisms or the exposure of people co such organisms? --- Y- e, tnc cease in exis cin3 noise levels? _- X- E. Exposure of peap le co po ten cially dangerous noise levels? -- X- g. The crew [Son of objectionable odors? _ ~._ Yr- h. M increase in Light or glare? ~ 1L- • ~7~ ~ ._. -, ._~_.-.. - -.-. yes :.Aeae vo ll. - -- ...._ ...e propms_ ..~._ -ignif .c _.._ ' • results in: a. The obs[ruc ti on or degrades [ion of a..^.y scenic ViaCd Or V1LV? _~ __ b. ih2 C:°_eC30R O: an aeschecica l'_y Often5l':e ;:Ce? ~ _~ [. ~ COntliCt vi to Ch2 O]j2C tiVe OL dLei ~'.a ted or potential scenic corridors? % 17, L'ci licks and Public Services. till Che proposal have a signif icanc need for new systems, or alceraciens co the follow is g: a. Electric power? ,__ ~ b. Eacural or packaged gas'. ~ c, Corr ,ucicactons sys [e^s? ~ d. NdC2: 5110p 1>? ~ ~~ e. {7ascewater fat pities? y_ f, Flood control struccu:es? _ ~ • g, So11d was ce facilities? _ y_ h. Fire pro [ect ion? _ __ Yi i. Police procec Lion? _ Yi '. SCILOOly? ~ ~~ k. Parks or ocher recreational facilities? - ~, .. 7!a in:eeance of aublic facilities, includ in3 rands and flood CORCLOI faC 111tie9? ~ _~~~ m. Other governmen cal services? __ ~ 11. Energv and Scarce Resources. will the proposal have significant results in: a. Use of suS;:ontiol oc excessive fuel ar ene tgy? __ ~, b. Substantial increase in demand upon existing sources of energy? _ __ y. c. An increase in ehe demand for development of . new sources of energy? _ _,_ Y. d. An increase or parpecuacion of cha consump cion of non-renewable forma of energy, when feasible renwab is sources of energy aces avallab la? ~ _~ ~ 3•: i}.~. .\ YES :•~'C3° NO e. SuSscxa iai de~letioc o[ ac r.on:enevaS L' c; scarce natural zesour<e? ~ 14. `fandato rv Findinzs of Siznif icance. a. Does the project have the potential to deg: ad+_ eha 5•~a Li ty of the envi mr.^.•enc, suh srantia:.r :2dUCe _ ^.aL i[di o£ fish or wildlife s?e 125, Gana2 d t~SR O: w:~dai2 p0pu1ati0n CO dr0? Sei a: self sustaining levels, chrea ten ce eliminate a plant or aniaal corr..unity, reduce the ruxb er or res cr ict the range of a race or endangered piant or anir..al or eliminate impo rcanc examples of the major periods of Cali`.o:nia history o: prehistory? ,L b. Does the project have the po cencial :o achieve shot[-tern, to the disadvantage of long-corm, envirorzen cal goals? (A short-rem impact an the e^.vi:onment is ene which occurs in a relatively h r_eE, def iaitive per Ecd of :ir_e while long- cer.; im?arcs will endure well inm the fucu: e). c. Does the p:oj etc have imp aces which are individua L'y li: ited, Luc cuaulacively considerable? (Cumulatively considerable Weans that the inc:emencal ef£ec cs os an individual project are considerable when viewed in connection with :he efiec is of past proj ec is, and probable future projects). ~ d. Does the proj etc have environmental effects which will cause suss cantial adverse of £ec [s on human beings, either ditectly or indirectly? X II. Di5CC55IC^ OF E:RTgO\~!E::T.dL EVALUATIOS (i. e., of of ficmaciv e ans:+e is :o cha ahove Gues[ions plus a discussion of proposed mitigation measures). SEE ATT..>CHED C • r1 L J ~, -, -,~' IZI. DE?EZIINAiION Cn :ha basis o' ch is initial evaluation: ~• • ~ I find the proposed project COULD NOT have a sign if icanc effect g on [he environa:enc, and a NEGATIVE DECL:u24TI0}7 ui'_1 be prepared. I find [hoc al [hough the proposed proj etc could 'nave a sigaificaac 1 effect on the eav iro Haan[, there vi11 Hoc be a si3^i:icanc e:: ec[ L- i^ ciis case because the mitigation ^easurzs descr:S ed cn an a:cached s`.eec have been added co the project. A 7;cGA::*lE DECIA3ATIOS wiLL 3'c Y2EYA3ED. ~' ~ I Eind the proposed project ;i1Y have a signif icanc effect on the ervirnr.:ent, and an E:V idOS: cYi I:QACi 4E'OFT is required. Dare ~/FJ,T • • • 1 i ~. ,. •. V~ " II. Discussion of Fnvi roMertal F.va luation 1. Soils and Geo logy ' c. Any ch angel in topography or ground surface contour intervals shall be done in accordance witfi City standards Eor gLadinq. No mi rigs riot. ne asUres are necessary. 8. Transportation b. The project will require the temporary closure of Nineteenth Street fora two to three week period in order to construct a culvert underpass at the street where it crosses the Cucamonga Creek Channel. Cal Trans has reviewed and approved the proposed plans fos the underpass and approved a detour plan which will be implemented to safely divert er affic until the underpass is completed. No further mi eigation measures are necessa ry c. The project will necessitate the development of a new pa rk inq lot facility at the park on Alta Cuesta. Ano eher parking toe facility at the proposed Heritage Yark will accommodate additional vehicles for trail users. No other pa rkinq will 6e required for the project. q. There are two points which ne eessi Late street rrossinq; • Carnelian and Sapphira. Both motoris ea and !tail use ra will be warned in advance cf such crossing through signage. The sight dis fiance in both areas is good. • ~~~ nrmv nc n n err,vn rr rr a eanuc e STAFF REPORT ~~'n ~'> ^_ August 7, 1985 P ~,. ~ Z 197. • S TO: City Manager and City Council FROM: Robert A. Rizzo Assistant City Manage SUBJECT: Issuing Residential Refuse Permits The City Council in June of this year added Chapter 8.17 to the Rancho Cucamonga Municipal Code which established criteria for the City to issue permits to residential refux collection xrvices. This chapter of the Municipal Code xt the framework to insure all residential refux collection would be conducted in a safe, sanitary, and orderly manner. Alsq residential refux collection xrvice would continue to be non-mandatory. Each resident of Rancho Cucamonga retains the ability to personally dispox of refux in a safe and sanitary manner, providing refux is removed at least once weekly (per California Administrative Code Title 14, Chapter I7-331;M. As the City Council may recall, the necessity for such an addition to the Municipal Code was twofold. First, Rancho Cucamonga was operating under the County Code approved in 1974 and adopted by reference by the City in 1978. Since Then, the CovnTy had revixd the Code to meet current industry standards for the collection and disposal of refux. Second, the County Code was developed To meet the wide variety of refuse collection and disposal needs within the entire county, taking into account the terrain and climate difference throughout the area. Rancho Cvcamonga's ordinance was developed to address the specific needs and requirements of our community. At this time there ore four refux collection xrvices authorized to provide residential xrvice in Rancho Cucamonga -- they are Rancho Disposal, Yukon Disposal, Western Waste Industries, and Besi Disposal. These companies have been xrving residential accounts varying from the past three years to eight years since incorporation of the City in November, 1977. Each of the current residential operators during their tenure of xrvice has been very professional and provided a high level of service. Additionally, only a minimum number of complaints have been received by the City. Residential refuse xrvice complaints received since January I, 1983, total only eighteen (18) calls. Thex cclls on the most part were regarding receptacles not being returned To the curb in a near and orderly manner. There has been no complaints received since October 9, 1984. All four of these refuse collection xrvices have submitted the required information for permits, pursuant to Chapter 8.17.250, and are willing to meet all the requirements of the Municipal Code and the provisons of o permit agreement. The key points of the permit agreement are as follows: ~g z a. Liability Insurance - Worker's Compensation as required by the State of California - Company General Liability - $S million each occurrence; $10 million umbrella. b. Performance Bond of $100,000.00 c. Truck inspection -each refuse Truck will be inspected at least annually to insure it is safe To operate. d. Charges for service -All charges approved by the City Council in October, 1983 will remain in effect through December, 1986, (providing there are no major changes in service delivery costs. The rate schedule for basic service during the last five years is as follows: October 1980 $5.50 monthly October 1961 $6.05 monthly October 1982 6.45 monthly October 1963 .95 monthly (38 months) December 1986 $6.95 monthly This is for curb service (no limit on number of receptacles placed on curb, provided • they do not exceed 50 pounds each) once weekly. e. All refuse collected will be disposed of at authorized point of deposit as directed by the City. This provision allows the City the opportunity to control the refuse for The purpose of participation in any future waste to energy projects. It is recommended the City Council grant residential refuse collection permits in the following service areas: a. Service Area One: Best Disposal Company b. Service Area Two: Western Waste Industries c. Service Area Three: Yukon Disposal Service d. Service Area Four: Rancho Disposal Services Inc. U X83 .•~~FIOAVIT OF PU9LICATIpN STATE OFC„LIFORN.A ~ ~ 4 COiJI1TY0FSANAER~:,:IL.`~0 t f, K?n 4. fanner ____,do hs¢ny certify !hall am the Legal Advertising clerk of THE liAILY REPORT, a daily newspaper of general circulation, pubiished in the City ai Ontario, County and State aforesaid and that the attached advertisement of ~In?ICE Q~ ^'!_,LIC H£0.R I4G __„______ was published in said newspaper __„1.,_ti:~e` _ _..__..___ ~ roq{t: July ~ 2935 I certify under penalty of perjury t:;at C•~r (rreguing is true and cocrecl. ~j ~,~ ~ (Signature) Dated at Ontario, Cylifornie ttua __. _ 29 t_^._ _ _. day of '_~ wcunn - -- CITY OF RAtiCHO CtiCA~tO\GA c~~_+__l~Rtr MEMORANDUM '` ~,, ~~'~ • _ ~~>~''eIM _ u it _ L . CCC. - _. ~u-= I T0: As sietant City Manager and Ci [y Council FRON: Mark Lorimer, Administrative Analye[ SUg.IECT: Ambulance Ordinance ~ As directed by the Ci[y Council, eCaff has prepared cF.e auggee [ed amendmen [s Co [he ambulance ordinance. The Council will consider second reading of chat or- dinance on August 7. '~ You will recall that the language in eec[ion 8.18.060 (4) regarding the "need and necesei [y" issue as pare of [he issuance or denial of permit portion of the ordinance warranted some change. In addressing that concern, the Ci [y Attorney has incorporated the following language which is added to [he entire 9ubseccion • (4) on page 7. All addi [i ana [o [he ordinance ere bolded below Eor you refer- ence. "The City Council may deny a new or reneved permic it it finds any of [he following conditions to be [rue: ... "(4) That [here is insufficient need for such addi Clonal ambulance service wich in the Ci [y, prmided that the sole fact that there i• an e:lacing provider or prmidera shall not <ooatitute arfficim[ proof that the condition a:iau; or" In response to Che concern Eor section 8.18.090 (b) on page 10 of Che ordi- nance, the City Attorney has prepared [be follov ing change (additional language is bolded): "(b) Un lees good cause caa be ehovn 6y the pe rmit tee, i[ shall be a valid basis for non-renewal of a permit if the permttcee has noc, during the preceding permit period, bed a Code 3 response time in a least 95X of its emerge ncy calls of can (101 minutes or Iesa. Said ~~ response time bei r.g measured from the Cime [he perm r[cee is given the request until [he permrt tee's ambulance actually arnved ac the location for which the eerv ice vas requee cad. G1L rhich coaaceoce as eau!rgeoc7 u1L but rhich are converted to nw-eaergency calls daring [he provia loo of eerv ice shall wt he included in the ca lco latioo apecif led in thin •ectioo 8.18.090(b)." In addi cion, staff 6ae surveyed ocher local ambulance ordinances to compare ocher response times vith our recommended cime. The tol loving results outline those minimum ree ponce times allowed by ordinance in various local communi- ties. The California Nighvay P¢Cr of is also provided for your reference. Minimum Nesoonae Times for 8mer¢en<y_Ambu lance Service California Nighvay Patrol ......... 10 minutes City of CL inn ........ ........ ..... 10 mimtes (90S of emergency calla) City of Noa[c lair ............ ..... Slate gequiremeats (CNP) City of Ontario ................... State Bequ firemen is (CNP) City of Upland .................... 8 minucee (average of emergency calla) Ciq of gan<ho Cncammga ••••••^•• 10 minwto (952 of emergm57 calla) gteff recommends a response time of 10 mrnutee with 95S of the emergency calla rather than a particular average (a uc6 ae Upland), since averaging allows for the possibility of a greater number of calla in ezceae of 8-10 minucee. Staff recommends a SS ceiling on ca lle which, for some unf oreeeen reason, exceed 10 minute ree ponce times. Such a response time you ld create a measure with which to determine [he eppr opr iatenese of s provider renewing its operator's license or noc. Note [hat ee[abl iehing 10 minucee for all ca lle as the abeolu to re- • apnoea time does not allow for those rare instentee when a cell sac cede the lU minute ceiling. It could be determined that such an instance violates the or- dinance and warren to not re¢eviag or revoking a prow ider'e license. Therefore, the abeolu [e ree pones time Eor all calla may be too e[n ct and noc practical. The City Council will elan recall discussion on the following matters, with ¢o further action or change directed. - $4 million public liability iaeuren ce - 525,000 security bond - 30-day notice of change of ownership - requirement that all emergency equipment end supplies be sterile - no requirement for logging of all non-emergency ambulance calla Should you have any queatione regarding chta ma [ter, please contact me at your convenience. Attached is a copy of the rev iced ordinance. /ml C I ass • CIT'1' OF R.ISCHO CCC:1J[0\G:1 c~~to STAFF REPORT •~°°' ;, ~,. .. ~~v....' DaTE: Aagust r, I~aS = ~~r T0: ,Mayor and Members of City Council FROM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopment Analyst SUBJECT: AMENDMENT TO LOAN AND PLEDGE AGREEMEPJT FOR DAY CREEK ETI'NAtJDA DRAINAGE IMPROVE MEfJTS BACKGROUND: In May of 1983 the City of Rancho Cucamonga entered into an agreement with the Redevelopment Agency of the City of Rancho Cucamonga. The agreement stipulated that the Agency, through ifs tax increment revenues, would reimburse the Cify for costs associated with }he design, installation and construction of the Day Creek Flood Control Facility. In April of 1984 a supplement fo the Loan and Pledge Agreement was made which further defined the Agency commitment to the funding and development of the Day Creek Flood Control facility. EVALUATION As part of the preparation for the sale of the approximate $IB million fdello Roos bond, if is necessary for both the City Cavncil and Agency to amend the original Loan and Pledge Agreement. The proposed amendment will provide that, at minimum, the Agency intends to provide an annual pledge of not less than $500,000 of of fax increment revenues towards the Mello Roos de61 service. This pledge and any future pledge is consistent with the County/Redevelopment Agency Agreement and the proposed Day Creek project financing program. The $500,000 pledge funds will be derived from Fund 22, ffie County Regional Facilities pass ihru account. This fund has been established as part of the pass ihru agreement with the County of San Bernardino for these regional facility improvements. Based on present fund balances and projected tax increment revenues, the minimum pledge will be available for debt service on the fdello Roos issue. RECOMMENDATION: The City Council authorize the l.1cyor to execute the amendmect }o the Laan and Pledge Agreement. R~pect ful hRsubmi i}ed, Director of Community Development Attachment: Amendment to Loan and Pledge Agreement aP~ • FIRST AhfE:v'Dh'$NT TO AGREEMENT SUPPLEMENTI::G LOAN AHD PLEDGE AGREEMENT BET~r7EEN THE CITY OF RANCHO CDCAMONGA AND THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCeV~10NGA (Day/E[iwanda Drainage Improvements) 1. PARTIES AND DATE. This Agreement is made and entered into this day of August, 1985, by and between the CITY OF RANCHO CUCAhiONGA, a municipal corporation ("City"), and the REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCANiONGA ("Agency"), a public agency organized pursuant to the provisions of the Cotmnunity Redevelopment Law of the State of California. . 2. RECITALS. 2.1 Agency has previously entered into agreements ("Loan and Pledge Agreement" and "Agreement Supplementing Loan and Pledge Agreement Between the City of Rancho Cucamonga and the Redevelopment Agency of the City of Rancho Cucamonga") with City whereby City has agreed to undertake the design, financing and construction of certain flood control facilities known as the Day/Etiwanda drainage improvements ("Flood Control Facilities") and Agency has agreed [o pledge certain funds which might become available to Agency from increased property taxes collected from properties within the boundaries of the Project to Ci[y to assist in the financing of such Flood Control Facilities. ~P7 • 2.2 The purpose of this agreement is to fur t?ler define and clarify the terms and conditions under whic'n Agency will pledge certain tax increment revenues received by Agency pursuant to California Nealth and Safety Code Section 33670 ("Tax Increment") to assist City in financing construction of the FLood Control Facilities. 2.3 City's Council has found and determined that the Flood Control Facilities are of primary benefit to the Agency's Rancho Redevelopment Project area and that no other reasonable means of financing such public improve- ments are available to City. 3, TERMS. 3.1 Definitions. • "Act" means the "`1e 11o-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. "Pledged Tax Revenues" means, for each twelve- month period beginning with the twelve month period beginning on each Nay 2, the Tax Revenues for said period. "Special Fund" means the fund created by f Resolution No. RA-g3-07 adopted by the Redevelop- 13 o Section ment Agency of the City of Rancho Cucamonga on October 19, 1983. "Special Tax Revenue" means the income derived from taxes authorized pursuanC to the Act and these proceedings • -2- 288 • and levied pursuant to the provisions of Ordinance \o. 263 adopted by the City Council of the City of Rancho Cucamonga on June 5, 1985. "Surplus Tax Increment Revenue" means any monies remaining in the Special Fund and available to be used and applied by the Agency in accordance with the covenants set forth in Resolution No. RA-83-07 adopted by the Redevelop- ment Agency of the City of Rancho Cucamonga on October 19, 1983, and Resolution Mo. RA-84-O1 adopted by the Redevelopment Agency of the City of Rancho Cucamonga on May 3, 1984. "Tax Revenues" means that portion of taxes levied upon taxable property in the Redevelopment Project Area and received by the Agency and which is allocated to • and paid into a special fund of the Agency pursuant to Article 6 of Chapter 6 of the California Health and Safety Code and Section 16 of Article XVI of the Constitution of the Sr. ate of California, Less the portion thereof that is required to be set-aside by the Agency pursuant to the P.e development Plan and Section 33334.2 of the California Health fi Safety Code for Section 33334.2 purposes, except that there shall be excluded therefrom the amoun [s that are required to be set aside by the Agency pursuant to the following Agreements. (i) Agreement Regarding Rancho Redevelopment Project Area between [he Redevelopment Agency of the City of ® -3- ~~9 Rancho Cucamonga, the County of $an Bernardino acting on behalf of the County of $an Bernardino Free Library and The San 9ernardino County Flood Control District and dated as of February 21,1982; (ii) Agreement for Cooperation Between the Cucamonga County Wafer District, The Redevelopment Agency of The City of Rancho Cucamonga and the CiTy of Rancho Cucamonga and dated as of April 7, 1982; (iii) Agreement for Cooperation Between the Chino Basin Municipal Wufer District, fhe Redevelopment AgP~ry of the CiTy of Rancho Cucamonga and the City of Rancho Cucamonga and dated as of March 24, 1982; and • (iv) Agreement for Cooperation Between the Foothill Fire Protection District, the Redevelopment Agency of the City of Rancho Cucamonga and the City of Rancho Cucamonga and dated as of April 22, 1982. 3.2 Pledge of Tax Increment. Agency does hereby agree to incur a debt and obligation to the City and shall pledge, pay and transmit to City during each fiscal year hereafter upon receipt of Surplus Tax Increment Revenue the greater of (a) $500,000, or (b) an amount, which together with the estimated Special Tax Revenue in said Fiscal Yeor, will equal aT least I10'.0 of the debt service due on fhe Donds in said Fiscal Yeor. The Agency's obligations hereunder are subject • to The Agency's obligation under Resolution RA 83-07 and Resolution 84-OI. Under such Resolutions the Agency may incur additional ego obligations secured by pledged tax revenue. However, the debt . service on such additional obligation shall not reduce the Surplus Tax Revenue ovailable to discharge the Agency's obligation under this Loan and Pledge Agreement to an amount less than the amount specified hereinabove. 3.3 O61iao}ion Constitutes Indebtedness. This first amendment to the supplemental agreement sholl con- stitute an irrevocable pledge obligation and debt of the Agency to pay to City during each fiscal year hereafter upon receipt of Surplus Tax Increment Revenues }he greater of (a) $500,000, or (b) an amount, which together with the estimoted Special Tax Revenues in said Fixol Year, will equal at feast I10% of the debt service due on the Bonds in said Fiscal Year, to assist in the financing and construction • of the Flood Control Facilities provided for herein, and the City shall apply said funds to pay for certain of the costs and expenses relating to the Flood Control Facilities until such time as all indebtedness incurred by Cify to finance such Flood Control Facilities has been retired. Nothing herein shall be construed to require Agency to pay Tax Increment to City for purposes to advance retirement of any idebtedness incurred by City unless Agency at ifs sole cnd exclu;:vo option electes to retire such debt in advance. 3.4 Sections 3.3 of the supplemental agreement is repealed. ~9/ IN WITNESS WHEREOF the parties hereto have entered into this Agreement on the day and year first hereinabove written. CITY OF RANCHO CUCAMONGA Mayor ATTEST: City Clerk THE REDEVELOPMENT AGENCY 0 THE CITY OF RANCHO CUCAMONGA By: Chairman ATTEST: Executive Director and Secretary r L z91- • - CITY OF RA\CHO CCCAititOtiGA UUCnsrU " STAFF REPORT ~ ~~~ ?' a~~'- - ,- x ~ ~ DATE: August 7, 1985 = "? _ i> T0: Mayor and Members of the Cify Council t9 FROh1: Jack Lam, AICP, Director of Community Development BY: Linda D. Daniels, Sr. Redevelopment Analyst SUBJECT: ISSUANCE OF BONDS FOR A COMMUNITY FACILITIES DISTRICT In preparation of the completion of the Mello-Rooa Community Facilities District program it is necessary for the City Council to approve the sale of the bonds. The estimated amount of the Community Facilities District Bond issue is $IB million }he proceeds of will be used for the design and construction of the Day Creek drainiage system. The debt service on the bonds will be secured through two resources; I) an annual per acre assessment on all property owners within the district, and 2) a pledge of redevelopment tax increment funds. The City Council has already approved , at the July 31, 1985 meeting, a $350/acre assessment for the first year. The attached draft Resolution under consideration would allow for the sale of the Community Facilities District Bonds. The Resolution also authorizes the Mayor and City Clerk to execute the bonds on behalf of the City and for the City Treasurer to order the printing of the bonds. A copy of the Official Statement is also attached for review and consideration as par} of the Resolution of Issuance and will be executed by the City Manager. The Resolution is in draft form pending some additional information regarding interest rotes. A final Resolution will be presented at the meeting which will include all of the necessary information. The form and contents of the Resolution are not expected to change. RECOMMENDATION: The City Council approve the sale of the Community Facilities isirict~ on3~ds by adopting the Resolution of Issuance. Respectfully submitte , ~~~~~~f Jack Lam,.41CF~ Community Development Director JL:LDD:J Atiachmenh Resolution Official Statement aa3 . ;r DRAFT RESOLUTION N0. 8S-^N/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND PROVIOI NG FOR THE ISSU- ANCE OF BONDS OF A COMMUNITY FACILITIES DISTRICT NHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter referred to as the "Legislative Body"), has heretofore undertaken proceedings and declared the necessity to issue bonds on behalf of a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Said Community facilities District is designated and known as COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) • and WHEREAS, pursuant to law an election was held and the following proposition was approved by more than 2/3's of the voters voting at said election: CITY OF RANCHO CUCAMONGA, COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK IXtAINAGE SYSTEM), AUTHORIZATION TO INCUR BONDED INDEBTEDNESS AND AUTHORIZATION FOR SPECIAL TAJi LEVY Shall the City of Rancho Cucamonga, California (Community Facilities District No. 84-1 (Day Creek Drainage System) incur a bonded indebtedness in an anount not to exceed E20,225,000.00, to finance certain public capital drain- age improvements to meet the needs of new development within the Community Facilities Distrfct, including all appurtenant work necessary and inci- dental expenses, said indebtedness to be secured by annually levied special taxes? and YE S NO WHEREAS, on May 8, 1985, judgment was entered in that certain valldat ion action entitled City of Rancho Cucamon a v. R11 Persons Interested, Etc., in the Superior Court of t e ounty o an ernar ino termimnq tat a pec al Tax will, when levied, constitute valid and binding special taxes of the Community Facilities District and the Bonds of the Community Facilities District will, upon their sale and delivery, constitute a legal, valid and binding obligation thereof; and, WHEREAS, on dune 5, 1965, the legislative body did enact Ordinance No. 263 authoriz- ing the levy of a special tax in the Community Facilities District; and, 19Y MHEREAS, no hoods of the above-referenced authorization to date have been issued and. sold, and at this time it is the desire of this Legislative Body to proceed to issue Series "A" bands in the amount of 518,000,000.00. NOW, tNEREFORE, 1T IS HEREBY RESOLVED AS FOLLOWS: ARTICLE !. DEFINITIONS SECtION 1. As used in this Resolution, the following terms shall have the following meanings: A. "Act" means the "Mello-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. 8. "Agency" means the Redevelopment Agency of the City. C. "Annual Debt Service" means, for each twelve month period ending August 1st, the sum of (1j the interest falling due on the Outstand- ing Bonds in such twelve month period, assuming that the Outstanding Serial Bonds ate retired as scheduled and the Outstanding Teem Bonds are redeemed from the Term Bond Sinking Fund Account as scheduled; (2} the principal arwunt of Dutst andinq Serial Bonds falling due by their terms in such twelve month period, and (3) the minimum amount of the Outstanding term Bonds required to be paid or called and• redeemed in such twelve month period, together with the redemption premiums, if any, thereon. D. "Average Annual Debt Service" means the average annual debt service during the term of the Bonds. E. "Additional Bonds" means any additional Speciai Tax Bonds issued by the Community Facilities District as permitted by Section 26 of this Resolution payable from the Special taxes on a parity wfth the Bonds, F. "Bondholder" or "Holder of Bonds", or any similar teen, means any person who shall be the registered owner or his duly aithorized attorney, trustee, representative or assign of any Outstanding Bond which shalt at the time 6e registered. far the purpose of Bond- holders' voting rights or consents, Bonds owned by or held for the account of the Agency, or the City, directly or indirectly, shall not be counted. G. "bonds" means the "City of Rancho Cucamonga, Community Facilities District No. 84-1 (Day Creek Drainage System), Special Tax Bonds, Series 'A'" and any Additional Bands. H. "Bond Payment Fund" means the fund by that name established in Section 11. I. "Bond Reserve Fund" means the fund by that none established in• Section il. 29s ~' • J. "Bond Year" means the year ending each August 1st. K. "City" means the City of Rancho Cuc anrong a, California, a mum iciDal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California. L. "Community Facilities District" means the Community Facilities District No. 84-1 (Day Creek Drainage System) of the City. M. "Community Facilities Improvement Fund" means the fund by that name established in Section 11. N. "Fiscal Agent" means Bank of America NT & SA or any other bank or trust company which may be substituted in its place as provided in Section 32. 0. "Interest Payment Date" means February 1 and August 1 of each year commencing February 1, 1986. P. "Legislative Body" means the City Council of Gity. Q. "Loan and Pledge Agreement" means that certain agreement between the City and the Agency dated May 5, 1983, including all one ndme nts or supplements thereto. • R. "Maximum Annual Debt Service" means, as tomput ed from time to time pursuant to [he provisions hereof, the largest debt service in any Band Year during the period from the date of such determination through the final maturity of any Outstanding Bonds. S. "Outstanding Bonds" means all Bonds theretofore issued by the Canmu- nity Facilities District, except: (1) Bonds theretofore cancelled or surrendered for cancellation in accordance with Section 25 hereof; (2) Bonds for the payment or redemption of which monies shall have been theretofore deposited in trust (whether upon or prior to the maturity or the redemption date of such bonds), provided that, if such Bonds are to De redeemed prior to the maturity thereof, notice of such redemption shall have been given as provided in this Resolution or any applicable Additional Bond resolution. T. "Owner" means the registered owner of any Outstanding Bond. U. "Principal Payment Date" means August 1 of each year, commencing on August 1, 1988. V. The "Public Facilities" means the facilities as described in Section III of the "Engineer's Tax Apportionment Report, Mello-Roos Community F aci:itf es Act of 1982", on file in the Office of the Lf ty Clerk of the City. -~y~ W. "Reserve Fund Requirement" means initially an amount equal to 6.5~ of the principal amount of the Bonds until (and including) July 31, 1988, and, thereafter, an ano unt equal to the Maximum llnnu al Debt Service on the Bonds. %. "Serial Bonds" means the bonds described in Section 6A hereof. Y. "Special Taxes" means the taxes authorized pursuant to the Act and these proceedings and levied pursuant Co the Drovisio ns of Ordinance No. 263. Z. "State" means the State of California. AA. "Tenn Bonds" means the Bonds as described in Section 6B. B8. Treasurer" means the City Treasurer of the City. ARTICLE I L GENERAL ADTHORIZATION AND TERMS SECTION 2. That the above recitals are ail true and correct. SECTION 3. Amount, Issuance and Purpose. Pursuant to the provisions of the Act and t e egistere ub is igat ions Act of California (Sections 5050 and following of the California Government Code) this Legislative Body does hereby authorize the issuance of bonds in the airount of E18,000,000.00.• The purpose of the Bonds shall be to finance the acquisition or construc- tion of Public Facilities to meet the drainage needs of new development within Lhe Community Facilities District. SEC710N 4. Oescript ion of Bonds. Said Bonds shall be designated "CITY OF RPNCHO D FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM), SPECIAL TAX BONDS, SERIES 'A"', and said Bonds shall be numbered consecutively, commencing with number 1 in each maturity year, with a different letter prefix assigned to each maturity year, beginning with "A" but omitting "I" and "0". All of said Bonds shall be dated Lhe 1st of August, 1905, and interest shall accrue on said Bonds from that date. SECTION 5. Type and Nature of Bond. The Bonds shall be special obligations of the t~immumt~ac iTiti es~istr ict secured by an irrevocable and first pledge of, and payable as to both principal and interest from, Special Tax revenues, investment income earned after completion of construction of the Public Facilities on funds in deposit in the Bond Reserve Fund, and other Funds as hereinafter provided for. Said Bands, the interest thereon, and any premiums payable on the redemption of any thereof, are not an indebtedness of the City, the State of California, or any of its political subdivisions, and neither the City, the State nor any of its political subdivisions is liable on the Bonds, nor in any event shall said Bonds or interest be payable out of any funds or properties other than those of the Community Facilities District as in this Resolution set forth. Neither the members of the Community Facilities District or the• City nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuanr e. Z9~ The Bonds shalt be and are equally secured by an irrevocable and first pledge of Special Tax revenues and other funds as may be hereinafter provided, without priority for number, date of sale, d~te of execution or date of delivery, except as expressly provided herein. The validity of said Bonds is not and shall not be dependent upon the completion of the Public Facilities or upon the performance of any one of his or her obligation relative to the Community Facilities District. Nothing in this ResoluL ion shall prevent the Community Facilities Oi strict from making advances from any other source of revenue not other- wise prohibited by law to any of Lhe uses and purposes mentioned in this Resolution. SECTION 6. Maturity and Interest Rate. SERIAL BONGS: The Serial Bonds shall be issued in serial form, with annual principal maturing on August 1, 1988, and each succeeding year thereafter in the principal anounts and bearing interest at the rates as hereinafter set forth: PRINCIPAL FOUNT INTEREST YEAR MATURING (AUGUST 1) RATE 1988 S 470,000.00 1989 505,000.00 1990 540,000.00 1991 580,000.00 1992 625,000.00 i993 675,000.00 1994 730,000.00 1995 795,000.00 1996 860,000.00 1997 935,000.00 1998 1,020,000.00 1999 1,110,000.00 B. TERM BONGS: The Term Bonds shall be issued in term form, with annual principal maturing on August 1, 2005, and subject to mandatory sinking fund redemption as more specifically set forth hereinafter: PRINCIPAL AMOUNT INTEREST YEAR MATURING (AUGUST 1) RATE 2005 3 9,155,000.00 SECTION 7. Interest. All Bonds shall bear interest not to exceed the legal maxf mum r a-f.e as set by law, and each Bond shall be of a single maturity and shall bear interest at the rate or rates as set forth herein. Interest shall be payable semi-annually on February 1 and August 1, and all Bonds shall bear interest from the Interest Payment Date next preceding the date on which it is authenticated and registered, unless said Bond is 244 authenticated and registered as of an Interest Payment Date, fn which case it shall bear interest from said Interest Payment Date, or unles~ said Bond is authenticated and registered prior to the first Interest Payment Date, in which case it shall bear interest from its date, until payment of its principai sum has been discharged. SECTION 8. Place of Payment. The principal of the Bonds shall 6e payable in lawful money o t e n ted States of America at the princf pal corporate trust office of the Fiscal Agent in Los Angeles, California. Interest on said Bonds shall he paid by check or draft mailed to the registered owner thereof at his address as it appears on the books of registration, or at such address as may have been filed with the Fiscal Agent for that purpose, as of the 15th day of the calendar month preced- ing said Interest Payment Date. No transfer of fully registered Bonds shall be required to be made during the fifteen (15) days next preceding each Interest Payment Date. SECTION 9. Ezecut ion of Bonds. The Bonds shall be executed in facsimile by the ayor an y t e ,ty Clerk, and the corporate seal shall be imprinted in facsimile on the Bonds. The Bonds shall then be delivered to the Fiscal Agent, for authentication and registration. [n case an officer who shall have signed or attested to any of the Bonds by facsimile or otherwise shall cease to be such officer before the authentication, del ive~y and issuance of the Bonds, such Bonds nevertheless may be authenticated, delivered and issued, and upon such authenticatinn,• delivery and issue, shall 6e as binding as though those who signed and attested the same had remained in office. SECTION 10. Order to Print and Authenticate Bonds. The Treasurer is hereby instruc- te o cause on s in a -arm as se forth herein, to be printed, and to proceed to cause said Bonds to be authenticated and delivered to an authorized representative of the purchaser, upon payment of the purchase price as set forth in the accepted proposal for the sale of the Bonds. ARTICLE If i. FUNDS SECTION 11. Special Funds. There are hereby created and est a6lished the following un s or t e deposit and allocation of monies in the Community Facili- ties District: Bond Reserve Fund, Community Facilities Improvement Fund and Bond Payment Fund. BOND RESERVE FUND: An ono unt equal to 6.5X of Che principal amount of the Bonds sh ail be deposited in the Bond Reserve Fund from the Bond proceeds, which Fund shall be held and administered by the Fiscal Agent. If the amount in the Bond Reserve Fund is less than the Reserve Fund Requirement, then the Bond Reserve Fund shall be restored by the inclusion of a sufficient amount in the next annual Special Tax levy. to replenish the Bond Reserve Fund, not to exceed the maximum autho- rized tax. ,z 9 9 . Except as otherwise provided herein, the rmni es in the Bond Reserve Fund shall be used only for payment of the principal of and interest on the Bonds, and more specifically as follows: (a) For transfer to the Bond Payment Fund from time to time such amounts as are needed to pay the principal of and interest on the Bonds when due; (b) To redeem Bonds in accordance with the provisions of this Resolu- tion; and, (c) The amount in the Bond Reserve Fund in excess of the Reserve Fund Requirement will be transferred to the Community Facility es Improvement Fund on August 1st of each year until construction is completed or until Rugust 1, 1988, whichever is earlier, and subsequent thereto on each August 1st, any excess will be trans- ferred to the Bond Payment Fund. 8. BOND PAYMENT FUND: All monies received from the collection of the annually levied Special Taxes and all amounts received by the City pursuant to the Loan and Pledge Agreement shall immediately upon their receipt by the Community Facilities District or by the Lity on behalf of the Community Facilities District be deposited in the Holding Account of the Bond Payment Fund, which shall be held and admf nistered by the Fiscal Agent and used for the purpose of paying the Drincipal • of and interest on said Bonds, or transferred to the Band Reserve Fund or Bond Redemption fund, or other purpose as hereinafter authorized. Also, as hereinafter authorized, funds from the Bond proceeds in an amount wfi ich, together with accrued interest plus premium, if any, is equal to six (6) months interest on the Bonds shall be transferred to the Bond Payment Fund following the deposit of the required portion of said proceeds into the Band Reserve Fund. Monies, including monies received pursuant to the Loan and Pledge Agreement, pledged as a contribution to be applied as a credit against debt service, shall 6e deposited in the Bond Payment Fund. All money in the Bond Payment Fund shall be set aside by the Fiscal Agent in the following respective accounts within the Bond Payment fund (each of which is hereby created and each of which the Canmu- nity Facilities District hereby covenants and agrees to cause to be maintained), in the following order of priority: (1) Interest Account, (2) Serial Bond Payment Account, (3) Term Bond Sinking Fund Account, and (4) Holding Account. All money in each of such accounts shall be held in trust by the Fiscal Agent and shall be applied, used and withdrawn only for the purposes hereinafter authorized in this Section. (1) Interest Account. On or before December 31 and June 30 of each year, eg nn ng on ecember 31, 1985, the Fiscal Agent shall set aside ,300 from the Bond Payment Fund and ceposit in Lhe Interest Account. an amount of money which, together with any money contained therein, is equal to the aggregate ono unt of the interest becoming due and payable on all Outstanding Bonds on the next succeeding Interest Payment Date. No deposit need be made into the Interest Account if the amount contained therein is at least equal to the aggregate ono unt of the interest becoming due and payable on all Outstanding Bonds on the next succeeding Interest Payment Date. A71 money in the Interest Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the interest on the Bonds as it shall became due and payable (including accrued interest on any Bonds purchased or redeemed prior to maturity). (2) Serial Bond Pa ent Account. On or before June 30 of each year, beginning on une 3D, 1988, the Fiscal Agent shall set aside from the Bond Payment Fund and deposit in the Serial Bond Payment Account an ono unt of money which, together with any money contained therein, is equal to the aggregate anount of the principal becoming due and payable on all Outstanding Serial Bonds on the next succeeding August 1. No deposit need be made into the Serial Bond Payment Account if the amount contained therein is at least equal to the principal amount of alt Outstanding Serial Bonds maturing by their terms on the next succeeding August 1. A71 money in the Serial Bond Account shall be used by the Fiscal Agent solely for the purpose of paying the principal of the Serial Bonds as they shall become. due and payable. (3) term Bond Sinking Fund Account. On or before June 30 of each year, egrnm ng on une 1), X000, the Fiscal Agent will set aside from the Band Payment Fund and deposit in the Term Bond Sinking Fund Account, an amount of money equal to, but not greater than, the mandatory sinking fund payment required to be deposited therein, as set forth in the schedules in Section 188. The Community Facilities District hereby covenants and agrees with the holders of the Term Bonds to call and redeem Term Bonds (without premium) from the Term Bond Sinking Fund Account pursuant to and in accordance with said sc hedute. No deposit need 6e made into the Term Bond Sinking Fund Account if the onount contained therein is at least equal to the aggre- gate ono unt of all mandatary sinking fund account payments required to be made in the year ending on the next succeeding August 1. All money in the Term Bond Sinking Fund Account shall be used and withdrawn by the Fiscal Agent only to redeem Term Bonds. (4) Hold~in A~cc~o~un~t. After the payment of debt serv Sce on each. uguA std, commencing August 1, 1987, the Fiscal Agent shall make the following transfers (listed in order of priority) from 3 0/ it • amounts then on deposit in the Holding Account of the Bond Payment Fund: (a) Transfer to the Interest Account the ano unt, if any, by which 110X of the interest due on the next February 1, exceeds the estimated Special Tax receipts to be received prior to the next February 1. For the purpose of estimating such Special Tax receipts, the Fiscal Agent may rely upon a certificate signed by the City Manager of the City. the City Manager's estimate of the Special Tax receipts shall be based upon the amount of the Special Tax levy in said fiscal year approved by resolution of the City Council, as applied against the actual number of acres then in the Community facilities District which are subject to the Special tax. An allowance shall be made for delinquent Special Taxes in an amount equal to the actual rate of delin- quent Special Taxes in the most recent Fiscal Year for which such data are available or, if such data shall be unavailable, at a rate equal to the delinquency rate on secured ad valorem taxes on property within the City for the no st recent fiscal year for which such data are available. (b) Transfer to the Bond Reserve Fund the anount, if any, necessary to increase the Bond Reserve Fund to an amount • equal to the maximum annual deht service on Outstanding Bonds. (c) Commencing August 1, 1988, any amounts remaining after above trdnsfers shall be released t0 the Community Facili- ties District far any authorized purpose, including with- out limitation, payment of Fiscal Agent fees and expenses and for audit reports. COMMUNITY FACILITIES IMPROVEMENT FUND: Following the deposit into the Bond Reserve Fund and Bond Payment Fund, remaining Bond proceeds shall be deposited into the Community Facilities Improvement Fund, which shall be held and administered by the Treasurer. the rtpni es in said Community Facilities ImDrov ement Fund shall be used to pay the costs and expenses, including incidental expenses, relating to the issuance of the Bonds and the construction or acquisition of the Public Facilities to be funded through the proceedings for the Community Facilities District. Upon completion of the acquisition or construction of the Public Facilitfes, any surplus remaining in said Fund, including any interest earned thereon, shall be trans- ferred to the Bond Payment Fund. D. BOND REDEMPTION FUND: Dr for to the time that any Bonds are subject to redemption, and not less than thirty (30) days prior thereto, the Bond Redemption Fund shall be established, which shall be held and administered by the Fiscal Agent. Into said Bond Redemption Fund must be set aside sufficient monies to redeem Bonds, including principal and premium, if any, and any monies set aside in said Fund shall be used solely for the purpose of redeeming Bonds. Following 3o L the redemption of any Bonds, if any surplus remains, said surplu, shall be returned and transferred to the Bond Payment Fund. SECTION 12. Investment of Funds. Monies in the Bond Improvement Fund, Community acs sties mprovement Fund, Bond Reserve Fund and Bond Redemption Fund shall be invested and reinvested in securities and obligations, as directed by the Treasurer, as set forth below. Said monies may be invested in United States Treasury notes, bands, bills or certificates of indebtedness or those for which the full faith and credit of the United States of America are pledged for the payment of principal and interest. Additionally, said monies may be held in time or demand deposits in any bank of trust company (including the Fiscal Agent) authorized to accept deposits of public funds, and said monies, if so invested, shall be secured at all times by such obliga- tions as are required by law and to the fullest extent required by law. Additionally, said monies may be invested in negotiable certificates of deposit issued by a nationally or state chartered bank which are collateralized as required by law or insured 6y Lhe Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation. Investment of money in the Bond Payment Fund or any of the designated accounts therein must mature prior to the date at which said money is estimated to be required to be paid out under the terms of this Resolution. Notwithstanding anything to the contrary in the foregoing, no roves tment• shall be permitted so as to cause the Bonds to be directly or indirectly guaranteed within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as amended, and any regulations thereunder. RR TI CLE IV. REGISTRATION SECTION 13. Re istr at ion and Denomination of Bonds. Said Bands shall be iss uable on y as u, y reg s er on s rn a denomination of E5,0O0, or any integral multiple thereof, SECTION 14. Exch an a of Re istered Bonds. Fuliy registered Bonds may be exchanged at t e o rce o t e sca gent, far alike aggregate principal amount of Bonds of the same series, interest rate and maturity, subsect to the terms and conditions provided in Che system of registration for regis- tered debt obligations, including the payment of certain charges, if any, upon surrender and cancellation of a Bond. Upon such transfer and etch ange, anew registered Bond or Bonds of any authorized denomination or denominations of the same maturity far the same aggregate principal amount will be issued to the transferee in exchange therefor. SECTION 15. Books of Registration. There shall be kept by the Fiscal Agent, suffi- cient o s or t~registr at ion and transfer of the Bonds and, upon presentation for such purpose, the Fiscal Agent shall, under such • reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said register, Bonds as hereinbefore provided. 303 • SECTION 16. Ne og Liability, Registration and Transfer of Bonds. The transfer of any aona may ce regis ere on y upon suc oo s o registration upon surren- der thereof to the Fiscal Agent, together with an assignment duly executed by the Owner or his attorney or legal representative, in satisfactory form. Upon any such registration of transfer, a new Bond or Bonds shall be authenticated and delivered in exchange for such Bond, in the name of the transferee, of any denomination or denominations authorized by this Resolution, and in an aggregate principal amount equal to the principal amount of such Bond or principal amount of such Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Fiscal Agent shall authenticate at the earliest practical time, Bonds in accordance with the provisions of this Resolution, qll Bonds surrendered in such exchange or registration transfer shall forthwith be cancelled. The Legi sl ati re Body may make a charge for every such exchange or regfstr at ion of transfer of Bonds sufficient to reimburse it for any tax or of hrr governmental charge required to be paid with respect to such exth ange or registration of transfer. The Fiscal Agent shall not be required to make such exchange or registration of transfer of Bonds during the fifteen (15) days immediately preceding any Interest Payment Date. SECTION 17. Authentication. Only such of the Bonds as shall bear thereon a certifi- cate~au ent is ation substantially in the form below, manually exe- cuted by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of • the Fiscal Agent shall be conclusive evidence that the Bolls so authen- ticated have been duly executed, authenticated and delivered hereunder, and are entitled to the benefits of this Resolution. FORM OF CERTIFICATE t)F AUTMEN T[CATION AND REGISTRATION This is one of the Bonds described in the Resolution of Issuance of the City Council of the City of Rancho Cucamonga which has been registered BANK OF AMERICA NT 6 SA as Fiscal Agent By ARTICLE V. REDEMPTION SECTION 18. Terms of Redemption. The provisions of redemption shall be as follows A. OPTIONAL REDEMPTION: The Bonds maturing on or before August 1, 1992, are not subject to call and redemption prior to maturity. The Bonds maturing on and after August 1, 1993, may be called before maturity and redeemed at the option of the Community Facilities District, from any source of funds, on August 1, 1992, or on any interest payment date thereafter as a whole or in part by lot, For the purposes of such selection, Bonds will be deemed to consist of f5,000 portions, and any such portion may be separately redeemed. 304 The 8o nds called prior to maturity will be redeemed in ac cordancd, with the following redemption price formula: Redemption Price = Principal amount plus 1/2% for each year or portion thereof from the Redemption Date to the scheduled maturity date, but not more than two and one-half percent (2-1/2X). MANDATORY SINKING FUND REDEMPTION: The Tenn Bonds maturing August 1, 2005, are subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100K of the principal arrount to be redeemed plus accrued interest to the date of redemption. The Tenn Bonds to be redeemed will be selected by lot. For the purposes of such selection, Term Bonds will be deemed to consist of E5,000 portions, and any such portion may be separately redeemed. The Tenn Bonds will be redeemed on August 1 in the principal anounts and years as shown in the following redempt TOn schedule: Principal Year Redeemed 2000 1,210,000. 00 2001 1,320,000. 00 2D02 1,445,000. 00 2003 1,515,000. 00 2004 1,125,000. 00 2005 1,880,000. 00 . SECTION 19. Notice of Redemption. NOTICE BY MAIL: The Fiscal Agent shall mail a notice, postage prepaid, to the respective registered Owners of the Bonds at the addresses appearing on the Bond registry books. The notice of redemption shall: (a) state the redemption date; (b) state the redemption price; (c) state the numbers and dates of maturity of the Bonds to be redeemed, and in the case of Bonds to be redeemed in part, the respective principal portions to be redeemed; provided, however, that whenever any call includes all Bonds of a maturity the numbers of the Bonds of such maturity need not be stated; (d) require that such Bonds be surrendered at the office of the Fiscal Agent in Los Angeles, California; (e) require that the form of assignment endorsed on the Bonds be duly executed in blank; and (f) give notice that further interest on such Bonds will not accrue after the designated redemption date. FAILURE TO RECEIVE NOTICE: The actual receipt by the Owner of any Bond of notice of such redemption shall not be a condition precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for redemption of such Bonds or the cessation of interest on the date fixed for redemption. r 1 U 3oi • C. CERTIFICATE OF RECEIVING NOTICE: The notice or net is es required by this section shall be given by the Fiscal Agent. A certificate by said Fiscal Agent that notice of call and redemption has been given to the registered Owners of the Bonds as herein provided shall be conclusive as against all parties, and no Owner whose Bond is called for redemption may object thereto, or object to cessation of interest on the redemption date, by any cl air or showing that he failed to receive actual notice of call and redemption. SECTION 20. Effect of Redemption. when notice of redemption has been given substan- ~a y as prov a for herein, and when the anount necessary for the redemption of the Bonds called for redemption is set aside for that purpose in the Bond Redemption Fund, as provided for herein, the Bonds designated for redemption shall become due and payable on the date fixed far redemption thereof, and upon presentation and surrender of said Bonds at the place specified in the notice of redemption, with the form of assignment endorsed thereon executed in blank, said Bonds shall be redeemed and paid at the redemption price out of the Bond Redemption Fund and no interest will accrue on such Bonds or portions of Bonds called for redemption after the redemption date specified in said notice, and the Owners of such Bonds so called for redemption after such redemption date shall look for the payment of principal and premium, if All Bondsu redeemed sh all rtbe ncancelg ed sfort hwith by~dthe dRegistr ar uand shall not be reissued. Upon surrender of Bonds redeemed in part, a new • Bond or Bonds of the same maturity shall be registered, authenticated and delivered to the registered Owner at the expense of the Community Facilities District, in the aggregate principal arro unt of the unredeemed portion. All unpaid interest payable at or prf or to the date fixed for redemption shall continue to be payable to the respective registered Owners of such Bonds or their order, but without interest thereon. ARi1CLE VI. DEFAULT AND REMEDIES SECTION 21. Events of Default and Remedies. Any one or more of the following events constitutes an "event o eau t°: (a) Default in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; (b) Default in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or from mandatory sinking fund redemption as therein expressed, by declaration or otherwise; (c) Default by the Community Facilities District in the observance of any of the covenants, agreements or conditions tontanned in this Resolution, and such default shall have continued for a period of thirty (30) days following written notice to the Community Facili- ties District; or 30~ (d) If the Community Facilities District files a petition or answ~ seeking reorganization or arrangement under the Federal bankru ptc laws or any other applicable law of the United States of Aneric a, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Community Facilities District seeking reorganization under the Federal bankruptcy law or any other applicable law of the United States of Aneric a, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Community Facilities District or of the whole or any substantial part of its property. Then, and in each and every such case during the continuance of such event of default, the Fiscal Agent may, upon notice in writing to the Community Facilities District, and shall, if requested by the Holders of not less than a majority in aggregate principal anount of the Bonds at the time Outstanding (such request to be in writing to the Fiscal Agent and the Community Facilities District) declare the principal of all of the Bonds then Outstanding and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same shall become and shall f>e immediately due and payable, anything in this Resolution or in the Bonds to the contrary not withstanding. Such declaration may be rescinded by the Holders of not less than a majority of the Bonds then Outstanding provided the Community Facilities District cures such default or defaults including the deposit with th~ Fiscal Agent of a sum sufficient to pay all principal on the Bond matured prior to such declaration and all matured installments of interest (if any) upon all the Bands, with interest at the rate of twelve percent (12%) per annum on such overdue installments of principal and, to the extent such payment of interest on interest is lawful at that time, on such overdue installments of interest, so that the Commu- nity Facilities District is currently in compliance with all payment, deposit and transfer provisions of this Resolution, aM anount suffi- cient to pay any expense incurred by the Fiscal Agent in connection with such default. Remedies available hereunder concerning events of default 6y the Commu- nity Facilities District are as follows: (a) Mandamus, suit, action or proceeding, to compel the Community Faci- lities Dis[ric[ and its members, officers, agents or anployees to perform each and every term, provision and covenant contained in this Resolution and in the Bonds, and to require the carrying out of any or all of such covenants and agreements of the Community Facilities District and the fulfillment of all duties imposed upon the Community Facilities District by the Act; (b) Suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the bondholders' rights; or • 307 • (c) Upon the happening of any event of default (as defined above), by suit, action or proceeding in any court of compe~ent jurisdiction, to require the Community Facilities District and its members and employees to account as if it and they were trustees of an express trust. Nothing in this Section or in any other provisions of this Resolution, or in the Bonds, shall affect or impair the obligation of the Community Facilities District, which is absolute and unconditional, to pay the principal of and interest on the Bonds to the respective Holders of the Bonds at the respective dates of maturity, as herein provided, or affect or impair the right, which is also absolute and unconditional, of such Holders to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. No remedy conferred hereby upon any Bondholder is intended to be exclu- sive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred 6y the Act or any other law of the State, No waiver of any default or breach of any duty or contract by any Bondholder shall affect any subsequent default or Ere ach of any duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power Or 5h all be construed as a waiver of any such • default or xqui es cence therein. Every substantive right aM every remedy conferred upon the Bondholders may be enforced and exercised as often ds may be deemed expedient. In case any suit, action or proceed- ing to enforce any right or exercise any remedy shall be brought or taken and should said suit, action or proceeding be abandoned, or be determined adversely to the Bondholders, then, and in every such case, the Community Facilities District and the Bondholders shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. ARTICLE VII. RESOLUTION PMENDMEN TS SECTION 22. Amendments. This Resolution may be modified or amended at any time by supp emen al Resolution adopted by the Community facilities District: (a) Without the consent of holders of any Outstanding Bonds, if the modification or amendment is for the purpose of adding covenants and agreements further to secure Bond payment, to prescribe further limitations and restrictions on Bond issuance, to surrender rights and privileges of the Community Facilities District, to make imdi- fications not affecting any Outstanding Bonds for the purpose of curing any ambiguities, defects or inconsistent provisions in this Resolution, provided that the modifications or amendments do not adversely affect the rights of the holders of any Outst andf ng Bonds. 3c~ (b) For any purpose with the consent of the holders of 60X of all Bond then Outstanding (exclusive of Bonds owned by the Community Facili- ties District or the City) provided, however, that no modification or amendment shall, without the express consent of the affected bondholders, reduce the principal ono unt of any Bond, reduce the interest rate payable thereon, extend the maturity or the time for paying interest thereon, change the monetary medium in which prin- cipal and interest is payable, or create an interest in the Speci ai Taxes superior to the interest created pursuant to this Resolution or reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or amendment so consented to shall be binding upon the Holders of all of the Bonds, and shall not be deemed an infringement of any of the provisions of this Resolution or of Lhe Act, whatever the character of such act may 6e, aM may be done and performed as fully and freely as if expressly permitted by the teens of this Resolution, and after such consent relating to such specified matters has been given, no Bondholder shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Community Facilities District or any officer thereof from taking any action pursuant thereto. (a) Collin Bondholders' Meet in If the Community Facilities District s a sire o o aim any such consent it shall duly adopt a reso- lution calling a meeting of the Bondholders for the purpose of• t ons idering the action the consent to which is desired. (b) Notice of Meetin Notice specifying the purpose, place, date and our o suc nree ing shall 6e published once in a financial news- paper or journal of national circulation published in the City of New York, New York, such publication to be not less than sixty (60) days nor more than ninety (90) days prior to the date fized for the meeting. Such notice shall set forth the nature of the proposed action consent to which is desired. The Community Facilities District shall, on or before the publication of such notice, cause Lo be mailed a similar notice, postage prepaid, to the respective registered owners thereof at their addresses appearing on the bond register as maintained by the Fiscal Agent. Notice shall also be mailed to each Bondholder who has filed his none and address with the Fi sc at Agent for this purpose. The place, date and hour of holding such meeting and the date or dates of publishing and mailing such notice shall be determined by the Community Facilities District in its discretion. The actual receipt by any Bondholder of notice of any such meeting shall not be a condition Drecedent to the holding of such meeting, and failure to receive such notice shall not affect the validity of the proceedings thereat. A certificate by an appropriate officer of the Community Facilities District approved by resolution of the Conznunity Facilities District, that the meeting has been called and• X05 that notice thereof has been given as herei r. provided, shall be conclusive as against all parties and it shall not be open to any Bondholder to show that he failed to receive actual notice of such meeting. (c) Voting pu al ific at ions. The Fiscal Agent shall prepare and deliver to the chairman of the meeting a statement of the names and addresses of the registered owners of fully registered Bonds, Such statement to show maturities, serial numbers and the principal amounts so that voting qualifications can be determined. No Bond- holders shall be entitled to vote at such meeting unless their names appear upon such statement. No Bondholders shall be per- mitted to vote with respect to a larger aggregate principal a~rount of Bonds than is set against their names on such statement, (d) Issuer-Owned Bonds. The Community Facilities District covenants t at it wi present at the meeting a certificate, signed and verified by one member thereof and by the Treasurer, stating the serial numbers, maturities and principal amounts of all Bonds owned by, or held for account of, the Community Facilities Dtstr ict or the City, directly or indirectly. No person shall be permitted at the meeting to vote or consent with respect to any Bond appearing upon such certificate, or any Bond which it shall be est ahlished at or prior to the meeting is owned 6y the Community Facilities District or the Lity, directly or indirectly, and no such Bond (in this Resolution referred to as "issuer-owned Sends"} shall be • counted in determining whether a quorum is present at the meeting. (e) uorum and Procedure. A representation of at least sixty percent in aggreg ate principal anount of the Bonds then Outstanding (exclusive of issuer-awned Bonds, if any) shall be necessary to constitute a quorum at any meeting of Bondholders, but less than a quorum may adjourn the meeting from time to Lime, and the meeting may be held as so adjourned without further notice, whether such adjournment shall have been held by a quorum or by less than a quorum. The Community Facilities District shall, by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized by the election of a permanent chairman and secretary. At any meeting each 8ondhol der shall be entitled to one vote for every 35,000 principal anount of Bonds with respect to which he shall be qualified to vote as aforesaid, and such vote may be given in person or by Drozy duly appointed by an instrument in writing presented at the meeting. The Community Facilities District and/or the Fiscal Agent by their duly authorized represen- tatives and counsel, may attend any meeting of the Bondholders, but shall not be required to do so. (f) Vote Required. At any such meeting held as aforesaid there shall be submitted for the consideration and action of the Bondholders a statement of the proposed action consent to which is des tred, and if such action shall be consented to and approved by Bondholders holding at least sixty percent (6016) in aggregate principal amount of the Bonds then Outstanding (exclusive of issuer-owned Bonds, if 3/~ any) the chairman and secretary of the meeting shall so certify ir• writing to the Community Facilities District, and such certificate shall constitute complete evidence of consent of the Bondholders under the provisions of this Resolution. A certificate signed and verified by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certificate relating to proceedings taken at such meeting. ARTICLE VIII. MISCELLANEOUS CONDITIONS SECTION 23. Ownership of Bonds. The person in whose none any Bond shall be regis- tere s a e eemed and regarded as the absolute Owner thereof for all purposes, and payment of or on account of the principal ana redemption premium, if any, of any such Bond, and the interest on any such Bond, shalt be made only to or upon the order of the registered Owner thereof or his legal representative. All such payments shall be valid acid effectual to satisfy and discharge the liability upon such Bond, includ- ing the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. SECTION 24. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured ere y 5 a tome mutt dted or be destroyed, stolen or lost, the Legisl atf ve Body shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for aM upon the• cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed, stolen or lost, upon the Owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Legisla- tive Body of evidence satisfactory to it and to the Fiscal Agent thereof that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Legislative Body with indemnity satisfactory to it. SECTION 26. Cancellation of Bands. All Bonds paid or redeemed, either at or before mm aturt y't~TTT- etc antel led upon the payment or redemption of such Bonds, and shall be delivered to the Fiscal Agent when such payment or redemption is made. All Bonds cancelled under any of the provisions of this Resolution shall be destroyed by the Fiscal Agent, which sh ail execute a certificate in duplicate describing the Bonds so destroyed, and shall retain said executed certificate in its permanent files for the Bonds. SECTION 26. Additional Bonds. If at any time the Community Facilities District etermtnes t at tt will not have sufficient monies available from other sources to pay its share of the costs of the construction or acquisition of the Public Facilities, the Community Facilities District may provide for the issuance of and sell Additional Bonds in such principal anount as it estimates will be needed for such purpose, subsea to the follow- ing conditions precedent to such sale: • 3 ii (a) The amount of such Additional Bonds, when combined with the Series "A" Bonds, shall not exceed the amount authorized for the Community • Facil itt es District. (b) The Community Facilities District shall be in compliance with all covenants set forth in this Resolution. (c) A certificate of the City Manager demonstrating that the sum of (i) the Special Taxes which would be levied by the Community Facilities District based upon the then taxable property in the Community Facilities District and the SDeci al Tax rate then approved for the Fiscal Year in which debt service on the Additional Bonds will first come due plus (2) the anounts to be received by the City pursuant to the Loan and Pledge Agreement for said Fiscal Year will be at least equal to one hundred ten percent (110%) of the Maximum Annual Debt Service on Outstanding Bonds following the issuance of such Pddi- tional Bonds; and (d) The Additional Bonds shall be on such terms and conditions as may be set forth in a supplemental resolution, which shall provide fqr (i) Bonds substantially in accordance with the terms of this Resolution, (ii) Bonds maturing on August 1 in such anounts and at such times as to provide level annual debt service, and (iii) the deposit of a portion of the Additional Bond proceeds into the Bond Reserve Fund in an amount sufficient, together with the balance of the Bond Reserve Fund, to equal the Bond Reserve fund Requirement on all Bonds, including the Bonds issued pursuant to this Resolution and the • Additional Bonds. SECTION 21. Parity of Bonds. If Bonds are authorized and issued in series, regardless o num er, a Bonds shall be on an equal parity, all Bonds are entitled to share equally in the proceeds of any levied Special Tax, and no series, subsequent or prior, would have a priority position to any ait horized Special Tax revenues. SECTION 28. Consumer Loan Bonds. All or a significant portion of the proceeds of the on s are no reasonably expected to be used directly or indirectly to make or finance loans (other than loans that enable the borrower to finance any governmental tax or assessment of general application for an essential governmental function or that are used to acquire or tarry nonpurpose obligations) to persons who are not exempt persons so as to cause the Bonds to be deemed a consumer loan bond within the meaning of section 103{0) of the Internal Revenue Code of 1954, as anended, and any regulations of the United States Department of the Treasury issued thereunder. SECTION 29. Covenants. Rs long as the Bonds are outstanding and unpaid, the Community aci > >es District shall (through its proper members, officers, agents or employees) faithfully perform and a61de by all of the covenants, undertak- ings and Drovisions contained in this Resolution or in any Bond issued hereunder, including the following covenants and agreements for the bene- fit of the Bondholders which are necessary, convenient and desirabie to secure the Bonds and will tend to make them more marketable; provided, however, that said covenants do not require the Community Facilities District to expend any funds other than the Special Tax revenues. .3/1 (a) Upon default of any Special Tax payment due, it will cause fore closure proceedings to be brought within one hiindr ed fifty (150) days of such default and thereafter diligently prosecute to comple- tion such proceedings. (b) The Community Facilities District shall preserve and protect the security of the Bonds and the rights of the bondholders and defend their rights against all claims and demands of all persons. Until such time as an aiw unt has been set aside sufficient to pay Out- standing Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the Community Facilities District will faithfully perform and abide by all of the covenants, undertakings and provisions contained in this Resolution or in any Bond issued hereunder. (c) The Community Facilities District will diligently carry out and continue to completion with all practical dispatch, the acquisition and construction of the Public Facilities in accordance with the Act and the proceedings for [he formation of the Community Facili- ties District and in a sound and economical manner. The Public Facilities to be acquired or constructed may be amended as provided in the Act, but no amendment may be made which would substantially impair the security of the Bonds or the rights of the bondholders. The Community Facilities District will maintain the Public Facili- ties in accordance with customary and re asona6le maintenance and• repair practices for such facilities. (d) Except as otherwise permitted herein, the Community Facilities District will not issue any other obligations payable, as to prin- cipal or interest, from the Special iax revenues which have, or purport to have, any lien upon the Special Tax revenues superior to or on a parity with the lien of the Bonds herein authorized; pro- vided, however, that nothing in this Resolution shall prevent the Community Facilities District from issuing and selling, pursuant to law, refunding bonds or other refunding obligations payable from aM having a first lien upon the Special lax revenues, if such refunding bonds or other refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the Bonds authorized by [his Resolution and then Outstanding, (e) The Community Facilities District will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds issued hereunder on the date, at the place and in the manner provided in said Bonds, solely from the Special Tax revenues and other funds as may be herein provided. (f) The Community Facilities District will each year levy the Special Tax desc ri6ed in Ordinance No. 263 to the extent necessary and permitted by the Act and these proceedings in order to yield the required debt service payments and to replenish the Bond Reserve• Fund as provided for herein. J/J • (g) The Community Facilities District will at all times keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and ac tur ate entries shall be made of all transactions relating to the acquisition or construction of the Puhlic Facilities and the Special Tax revenues and other funds herein pr ovfded for. (h) The Community Facilities District shall preserve and protect the security of the Bonds and the rights of the bondholders and defend their rights against all claims and demands of all persons. Without limiting the generality of the foregoing, the Community Facilities District covenants and agrees to contest by court action or otherwise (a) the assertion by any officer of any government unit or any other person whatsoever against the Community Facilities District that (i) the Act is unconstitutional, (ii) the Special Tax is invalid, or (iii) the Special Tax revenues cannot be Daid by the Community Faci- lities District for the debt service on the Bonds, or (b) any other action affecting the validity of the Bonds or diluting the security therefor, or (c) any assertion by the United States of Pmerica or any department or agency thereof or any other person that the interest received by the bondholders is taxable under the Federal income tax 1 aws . (i) The Community Facilities District will make no use of the proceeds of the Bonds which will cause the Bonds to be "arbitrage bonds" Subject • to Federal income taxation by reason of Section 103(c) of the Internal Revenue Code of 1954, as amended. To that eM, so long as any of the Bonds are Outstanding, the Community Facilities District, with res Dect to the proceeds of Lhe Bonds, shall canply with all requirements of said Section 103(c) and all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at the time, applicable and in effect. (j) Whenever any property in the Community Facilities District which is owned by any governmental entity and leased by such governmental entity to any private person or persons for private use, the property shall 6e assessed and taxed in the same manner as privately owned property. (k) The Community Facilities Oistr ict shall neither authorize nor permit advance payment of any special Lax obligation so as to impair the security for the Bonds. SECTION 30. Arbitrage Certificate. On the hasis of the facts, estimates and circum- stances now in existence and in existence on the date of issue of the Bonds, as determined by the Treasurer, said Treasurer is hereby authorized to certify that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to 6e arbitrage hoods. Such certification shall be delivered to the purchaser together with the Bonds. SECTION 31. Defeasance. If the Community Facilities District shall pay or cause to be poi- d; or shall have made provisions to pay, or there shall have teen set aside in trust funds to Day, to the holders of the Bonds, the principal 3/y and interest, and premium, if any, to become due thereon, then th~ pledge of the Special lax revenues and all other rights granted hereby shall thereupon cease, terminate and become void and be discharged and satisfied, and Special Tax revenues shall no longer be payable to the fiscal Agent on account of the Bonds. SECTION 32. Oesi nation of Fiscal A ent. The BANK OF PMERICA NT 6 SA is hereby esigna a isca gen wi respect to these proceedings and the Bonds to be issued. The Fiscal Agent shall act as the agent and depositary of the Community Facilities District for the purpose of receiving Special Tax revenues and other funds as provided in this Resolution, to hold, allocate, use and apply such Special Tax revenues and other funds as provided in this Resolution, and to perform such other duties and powers of the Fiscal Agent as are prescribed in this Resolution. The Legislative Body may remove the Fiscal Agent initially appointed or any successor thereto, and in such case shall forthwith appoint a successor thereto authorized to conduct and conducting husiness in the State of California. SECTION 33. Official Statement. The Off its al Statement, as prepared and submitted, is ere y improve and adopted, and execution and distribution of the Official Statement to prospective purchasers of the Bonds is hereby authorized. A copy of said Official Statement shall be kept on file with the transcript of these proceedings and remain open for public inspection. Authority to approve any changes therein is hereby dele-' gated to Che City Manager or City Attorney, whose decision with respect [o such changes shall be final and binding. The City Manager is authorized to execute the Offici ai Statement, SECTION 34. A~ut_hority to Lev Special Tax. The Legislative Body, on behalf of the ommC unity ac sties istn c sh ail levy the Special Tax described in Ordinance No. 263 to pay principal, interest and other periodic costs of the bonds described herein pursuant to the Act. SECTION 35. Authorit to Increase the Special Tax Levy. In the event that a portion o the property wit n t e ~ommunity acil its es District shall become exempt, wholly or partially, from the levy of the Special Tax specified in Ordinance No. 263, the Legicl at ive Body shall, on behalf of [he Community facilities District, increase the levy to the extent necessary and permitted by taw and these proceedings upon the remaining property within the Community Facilities District which is not delinquent or exempt in order to yield the required debt service payments. The anount of the annual Special Tax will be set on or before each August 10. SECTION 36. Pr oceed in s Constitute Contract. The provisions of this Resolution, of e reso ut ions pr ovi ing or the sale of the Bonds and awarding the Bands and fixing the interest rate thereon, and of any other resolution supplementing or amending this Resolution, shall constitute a contract between the Community Facilities District and the Bondholders and the provisions thereof shall be enforceable by any Bondholder for the equal • benefit and protection of all Bondholders similarly situated by mandamus, accounting, mandatory in,i unction or any other suit, action or 3/~ • Droceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent juris- diction. Said contract is made under and is to be construed in accordance with the laws of the State of California. SECTION 37. Actions by Fiscal A ent as Attorne -in-Fact. Any suit, action or proceed- ing is any on o der s a ave t e right to bring to enforce any right or remedy hereunder may be brought by the Fiscal Agent for the equal benefit and protection of all Bondholders similarly situated and the Fiscal Agent is hereby appointed (and the successive registered owners of the Bonds issued hereunder, by taking and holding the same, shall be conclusively deemed so to have appointed it) the true and lawful attorney- in-fact of the respective registered owners of the Bonds for the purpose of Dring ing any such suit, action or proceeding, and to do and perform any and all acts and things for and on behalf of the respective registered owners of the Bonds as a class or classes as may be necessary or advisable in the opinion of the Fiscal Agent as such attorney-in-fact. SECTION 38. CUSIP Numbers. CUSIP identification numbers will be imprinted on the on8--~ds, Bch numbers shall not constitute a part of the contract evidenced by the Bonds and no liability shall hereafter attach to the Community Facilities District or any of the officers of agents thereof bet ause of or on account of said numbers. Any error or anission with respect to said numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and pay for the Bonds. • SECTION 39. Severabil ity. If any covenant, agreement or provision, or any portion C ere~of, contained in this Resolution, or the application thereof to any person or circumstance, is held to be uncons itution al, invalid or unenforceable, the remainder of this Resolution and the application of any such covenant, agreement or provisions, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected, and this Resolution and the Bonds issued pursuant hereto shall remain valid and the Bondholders shall remain all valid rights and benefits accorded to them under this Resolution and the Constitution and laws of the State of California. If the provisions relating to the appointment and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the Treasurer. SECTION 40. Modifications to Res of ut ion. The City Manager is hereby authorized to ma a minor c anges an mo i is at ions not of a subst ant at ive nature to the terms and conditions as se[ forth in this Resolution as requested by insurers or rating agencies, as it relates to the issuance and sale of these Bonds. Any such changes shall be subject to written approval of Bond Counsel, and any change of a subs tant at ive nature shall be submitted to the City Council for final approval. ARTICLE IX. BOND FORM SECTION 41. Form of Bonds. The format of the Bonds as authorized and to 6e issued for ese procee Togs shall be substantially in the form as set forth in the attached, referenced and intorpor ated Exhibit "A". 3/ v APPROVED and ADOPTED this day of 1985. • CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ATTEST: CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA • • 3/7 • EXHIBIT "A" FORM OF BOND United States of Anerica State of California Number [ - ] [s ] CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) SPECIAL TAX BONDS SERIES "A" INTEREST RATE: MATURITY DATE: BOND DATE: CUSIP: COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) of the City of Rancho Cucamonga, County of San Bernardino, State of California, duly organized and existing under and by virtue of the "Mello-Roos Community Facilities Act of 1982", as • amended, Sections 53311 and following of the Government Code of the State of California (the "Act"), hereby acknowledges its indebtedness and Dromises to pay to or registered assigns, the sum of Dollars on the maturity date stated above with interest thereon at the rate per annum, stated above, interest payable semiannually on the first days of February and August of each and every year commencing February 1, 1986, and continuing until this bond is paid. Both principal of and any premium upon the redemption of this bond prior to maturity are payable in lawful money of the United States of America upon presentation of this bond at the office of the Fiscal Agent in Los Angeles, California. Interest shall be paid by check or draft mailed to the registered owner of record as of the close of business on the fifteenth day of the month next preceding the interest payment date at the address shown on the registration books. Interest on this bond shall be Dayable from the interest payment date next preceding the date of registration hereof, unless such date of registration is an interest payment date, in which event interest will be payable fr an such date of registration, or unless such date of registration is prior to the date of bonds, in which event interest will be payable from the date of said bonds. l~ Unless this bond matures on or prior to August 1, 1992, it is redeemable prior to maturity in accordance with the provisions for redemption endorsed hereon. 3i8 Rny tax for the payment hereof shall be limited to the annual special tax au thorized• under the Act and Ordinance No. 263 adopteu by the City Council of the City on June 5, 1985, to be collected within Communit,~ Facilities District No. 84-1 (Day Creek Drainage System) of said City, except to ti~~c extent that provision for payment has otherwise been made by the City Council, as may be permitted by law. The bonds do not constitute obligations of the City of Rancho Lucamo nga or the Community Facilities District for which said City or the Community Facilities District is obligated to levy or pledge, or has levied or pledged, general ur special taxation other than as described herein ab ove. The City Council has conv enant ed far the benefit of the owners of the bonds that it will commence within one hundred fifty (150) days and diligently pursue to completion appropriate foreclosure actions in the event of delinquencies of any special tax installments levied for payment of principal and interest. REFERENCE IS M4 DE TO THE FURTHER PROVISIONS ff THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HOVE THE SAME EFFECT AS THOl1GH FULLY SET FORTH HEREIN. This bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. IT [S HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by taw to exist, happen and be performed precedent to and in the issuance of this bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other indebted-• n ess of said Community Facilities District, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN NITNE SS NHEREOF, Lommun ity Facilities District No. 84-1 (Day Creek Drainage System) has caused this bond to be signed in facsi mfle by the Mayor aM City Clerk of the City of Rancho Luc amo ng a, California. CERTIFICATE OF AUTHENTICATION ANO REGISTRATION This is one of the bonds described in the Resolution of Issuance of the City Council of the City of Rancho Luc among a, which has been registered BANK OF AMERICA NATIONAL TRUST 6 SAVINGS ASSOCIATION as Fiscal Agent By: [SEAL] COMMUNITY FACILITIES DISTRICT N0. 84-1 (DRY CREEK DRAINAGE SYSTEM) COMMUNITY FACIL ITIE$ OISTRICT N0. 84-1 (DAY CREEK OR AI NAGE SYSTEM) L K, Y U COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK OR AINAGE SYSTEM) 3/9 • • PROVISIONS OF REDEMPTION A. OPTIONAL REDEMPTf ON: The Bonds maturing on or before August 1, 1992, are not subject to call and redemption prior to maturity. The Bonds maturing on or after August 1, 1993 may be called before maturity and redeemed at the option of the Community Facilities District, from any source of funds, on August 1, 1992, or on anV interest payment date thereafter as a whole or in part by lot. For the purposes of such selection, bonds will be deemed to consist of E5,000 portions, and any such portion may be separately redeemed. The bonds called prior to maturity will be redeemed in accordance with the following recempt ion price formula: Redemption Price = Principal mrount plus 1/2% for each year or portion thereof from the Redemption Date to the scheduled maturity date, but not more than two and one-half percent (2-1/2%). 8. MNN DATORY SINKING FUND REDEMPTION: The Term Bonds maturing August 1, 2005 are subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100% of the principal anount to be redeemed plus accrued interest to the date of redemption. The Tenn Bonds to be redeemed will be selected by lot. For the purposes of such selection, Term Bonds will be deemed to consist of E5,000 portions, and any such portion may be separately redeemed. The Tenn Bonds will be redeemed on August 1 in the principal amounts and years as shown in the • following redemption schedule: Year Principal Redeemed 2000 E 1,210,000.00 2001 1,320,000.00 i 2002 1,445,000.00 2003 1,575,000.00 2004 1,725,000.00 2005 1,880,000.00 PROVISIONS FOR REGISTRATION This bond shall be registered in the name of the owner hereof as to both principal and interest. Each registration and transfer of registration of this bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication and registration endorsed hereon. J2o No transfer hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall 6e payable only to the registered owner or to such owner's order. Interest on this bond shall be payable to the person whose name appears upon the registry books as the registered owner hereof as of the close of business on the fifteenth day preceding the interest payment date, or to such person's order. The Fiscal Agent shall require the bond owner requesting transfer or exchange to pay any tax or other governmental charge required to 6e paid with respect to such transfer or exchange. ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto the wit in-mentione registere on and here y mrevoca y constitute s and appoint(s) attorney, to trans er the same on the books o the sca qe nt with u power of substitution in the premises. • Date: Signature Guaranteed by: o ice: a assignor s signs ure o is assignment must correspond with the nave as it appears upon the face of the within bond in every particular, without altera- tion or any change whatever. • 3:/ • STATE OF CALIFORNIA COUNTY OF SAN BER NARDINO CITY OF RANCHO CUCAMONGA I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF RANCHO CUCPMONGA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved an s-~-ign3~6y the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of -485, and that the sane was passed and adopted-- by tTie following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this day of 1985, at Rancho Cucamonga, • California. L CITY OF RANCHO CUCPMONGA STATE OF CALIFORNIA [SEAL] r1 3a~- • CITY OF RASCHO CCCAJIO\GS. STAFF REPORT DarE: Aagust i, I°as T0: Mayor and ,Members of the City Council F P,OM: Jack Lam, AICP, Director of Community Development BY: Linda D. Daniels, Sr. Redevelopment Analyst ~ic~st~1 l.~/" A f~ .~~ ~,~y ~~~~~ :_ _ Z J `F 19-- SUBJECT: CONSIDERATION OF PURCHASE AGREEMENT IIJ CONNECTION WITH THE SALE OF COMPAUhiITY FACILITIES DISTRI T B N S Delivered at the meeting will be a Purchase Agreement between the City of Rancho Cucamonga and Stone and Youngberg for the proposed Community Facilities Dis}r ic} No. 8:-I 3ond Program. The Purchase Agreement will identify the terms and conditions of the sale of the bonds to the underwriter, Stone and Youngberg os well as the bond discount. This Agreement will be reviewed by staff and the City's financial advisor, Fieldman, Rolapp and Associates, prior to the meeting. Attached to this staff report is o Resolution pertaining to the acceptance of the Purchase Agreement and awarding the sale of }he bonds to Stone and Youngberg. Should the Council determine that the Purchase Agreement is acceptable then adoption of the Resolution would be in order. RECOMMENDATION: Upon review and positive recommendation of Staff and the City's Financial Advisor of the final Purchase Agreement, Scoff recommends that the attached Resolution be adopted and the Purchase Agreement be executed. Respectful) ~ submitted,. l) t ~ ',~ ~~~ ,~..~--. JACK LAM, AICP Community Development Director JL:LDD:J Attachment: Resolution Purchase Agreement 3~3 RESOLUTION N0. ~4 '- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMIONGA, CALIFORNIA, ACCEPTING PURCHASE AGREEMENT AND MAKING AWARD FOR SALE OF BONDS IN A COMMUNITY FACIL [T IES DIS TRiCT WHEREAS, the CITY COUNCIL of the CITY ff RANCHO CUCPMONGA, CALIFORNIA, (hereinafter referred to as the "legislative body of the total Agency"), has instituted proceed- ings, held a public hearing, conducted an election and has authorized the sale of bonds under the terms and provisions of the "Mello-Roos Community Facilitf es Act of 1982", being Chapter 2.5, Part 1, Dfvision 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACIL IT [ES DISTRICT N0. 84-1 (DAY CREEK OR AINAGE SYSTEM) (hereinafter referred to as the "District"); and, WHEREAS, it was determined by this legislative body that it was necessary to incur a bonded indebtedness to pay far all or a portion of public capital facilities of said District, and the proposition relating to the incurring of a bonded indebtedness has received a favorable 2/3's vote of the qualified electors voting at the authorized • election; and, WHEREAS, there has now been received, in proper form, a proposal and/or purchase agreement (hereinafter referred to as "Purchase Agreement") for the purchase of bonds to issue under these proceedings, and said Purchase Agreement received is considered to best serve the interests of the property owners and residents within the bounda- ries of the District and determined that acceptance Of this pr oDos dl at a private sale will result in a lower interest cost on the bonds. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct SECTION 2. That the written Purchase Agreement received from STONE 6 YOUNGBERG relating to the purchase of certain special tax Community Facilities District bonds designated as CITY t)F RANCHO CUCPMONGA, COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM), ME LLO-RODS SPECIAL TAX BONDS, SERIES "A" is hereby accepted and approved. The City Manager is hereby authorized to make minor changes and modiflc at ions not of a subst ant at ive nature to the Purchase Agreement to comply with terms and conditions as requested by insurers or rating agencies. Any such changes shall be subject to written approval of Bond Counsel, and any change of a substantative nature shall be submitted to the City Council for final approval. SECTION 3. That said sale of bonds is subject to all the terms and conditions as set ?~ forth in the Resolution of Intention to incur indebtendess, the Resolu- l lion authorizing the issuance of ponds and the accepted Purchase Agree- ment. and all other band authorization documentation. 3d4 SECTION 4. The Treasurer 15 hereby authorized and directed to immediately have bond SECTION 5. That the interest rate and/or rates on said Donds be fixed at the rate and/or rates as set forth in the accepted Purchase Agreement. printed, and said Treasurer shall have said bonds signed and delivered to said purchaser upon the receipt of the anount of monies due Dursuant to said Purchase Agreement and upon the performance of all conditions as set forth in said Purchase Agreement. SECTION 6. The above sale and acceptance of the Purchase Agreenent has been made without advertising for bids, as authorized by Section 53360.4 of the Goverranent Code of the State of California, as it is hereby determined by this legislative Dody that said sale would result in a lower interest cost on the bonds. APPROVED and ADOPTED this day of 1985. CITY OF RANCHO CUCAMONGA STATE ff CALIFORNIA ATTEST C1TY W RANCHO CUCFNIONGA STATE OF CALIFORNIA • • i ,~ r • STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, p0 HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved an signe y the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of T985, and that the same was passed and adopte~Fe follow ng vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS • E%ECUTED this day of 1985, at Rancho Cucamonga, California. L CITY aF RANCHO CULAMONGA STATE OF CALIFORNIA [SEAL] • r1 - C[TY OF RA.~ICHO CtiCA~iO\GA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 7,1985 tdoyor and Members of the City Counci! ~ ~CCn.ap~c ,i ,9 ~ A:\ ~-V - = z Z 19" I Jack Lam, AICP, Director of Community Development Linda D. Daniels, Sr. Redevelopment Analyst APPOINTMENT OF FISCAL AGENT FOR COMMUNITY FACILITIES DISTRICT tJ . 84-I As port of the Community Facilities District No. 84-I Bond Issuance, it is necessary to appoint a Fiscal Agent. As described in Section 32 of the Resolution of Issuance, also being reviewed at this evening's meeting, the main responsibility of the Fiscal Agent is to coordinate the Special Tax revenue and pledged tax increment revenue to pay the debt service on the bonds. Other responsibilities of the Fiscal Agent include the registration of all the bond holders and ony transactions including the bonds once they are purchased. The proposed Fiscal Agent far this bond issue is Bank of Americo NT&SA. Bank of America already serves as Fiscal Agent for the Tax Allocation Bond issued in 1984. RECOMMENDATION: Staff recommends that the City Council designate Bank of America NTFxSA as fiscal Agent by adopting the attached Resolution. Respectfully submitted, ~< JACK LAM, AICP ~~ ~..... Community Development Director JL:LDD:J Attachment: Resolution 3s7 • RESOLUTION N0. BS-,2y3 RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPOINTING FISCAL AGENT FOR PURPOSES OF SERYICiNG CERTAIN SPECIAL TA% BONDS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCPMONGA, CALIFORNIA (hereinafter referred to as the "legislative body of the local Agency"), is conducting proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govermment Code of the State of California. This Community Facilities District shall hereinafter De referred to as COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "Oistr ict"); and, WHEREAS, at this time this City Council is desirous to appoint a qualified fiscal agent for purposes of servicing the bonds as proposed to issue for this District; and, WHEREAS, at this City Council has received a proposal from a qualified fiscal agent for the servicing of said bonds. • NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTIGN 2. That this City Council hereby appoints BANK DF PMERICA NT & SA to act as Fiscal Agent for purposes of servicing the bonds to issue under the provisions of the "Mello-Roos Community Facilities Act of 1902" for the above-referenced Assessment District, based upon the proposal submitted, which proposal is hereby approved and adopted. APPROVED and ADOPTED this _ day of __ 1985. CITY t)F RANCHO CUCPMONGA STATE OF CALIFORNIA ATTEST: Y L K CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ~1~Z STATE OF CALIFORNIA • COUNTY OF SAN BERNAROINO CITY OF RANCHO CUCAMONGA I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, W HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved an signe y the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of X985, aM that the sane was passed and adopted~e following votevote AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS E%EC UTED this day of 1985, at Rancho Cuc amonga~ California. K CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA [SEAL] • s ~9 ~ ~ \`9 STAFF REPORT >~`~ '~~~.~~' DATE: August 7, 1985 i9 T0: Mayor and Members of the City Council FROM: Otto Krouti 1, Senior Planner SUBJECT: CONSIDERATION OF MINIMUM DWELLING UNIT SIZES IN THE CITY At the July 31, 1985 City Council meeting, staff has been requested to piace the issue of minimum dwelling unit sizes on tonight's agenda. The attached information represents the results of a telephone survey with the cities of Chino, Irvine, Fontana, Montclair, Ontario and Upland, conducted for comparison purposes. The City of Rancho Cucamong a's Deve iopment Code places no size restrictions on most dwelling unit types. The only restrictions currently in effect involve single family detached dwellings, wherein 900 square foot minimum is required, unless a Conditional Use Permit is obtained to permit smaller sizes. • As you will recall, the Council requested a report on various alternatives available to deal with the issue of multiple family/apartment development in the City. The alternatives requested included: 1. Consideration of multiple family bond financing; 2. Reconsideration of density in site specific locations city-wide; 3. Controls on the rate of growth/growth management; 4. Modification of existing development standards; 5. Other available alternatives. It is the staffs intention to present a report on these alternatives at the Augus~21,!'1985 City Council meeting. Respectfully suhmitt~ed, ~~ ~~M~~/ Dtto I~rautil Senior Planner J OK: jr Attachment: Phone Survey 3 ~o /_ CITY MINIMUM DNELL [HG UNIT SIZES CHINO No Standards IRVINE No Standards - Just use UBL FONTANA Dwelling Unit Size Based on Zoning as Follows: R_1 Minimum Lot Size 7,200 sq. ft. - all R1 Zones All Single Family Units R-1-C 1,100 sq. ft. R-1-0 1,200 sq. ft. R-1-E 1,300 sq. ft. R-1-F 1,400 sq. ft. RR=2 850 sq. ft. if single family detached 650 sq. ft. if multi-family • RR=3 850 sq. ft. if single family detached 500 sq. ft. if multi-family MONTCLAIR` Minimum Size Based on Owel ling Unit Type as follows: (a) Single Family Detached Units: 52 bdrms - 1,300 sq. ft. 3 bdrms or more - 1,400 sq. ft. (b) Multi-Family Units (Apt. & Condo) 1 bd rm 950 sq. ft. 2 bdrms 1,200 sq. ft. 3 bdrms 1,400 sq. ft. 4 bdrms 1,450 sq. ft. * Minimum Room Size of 110 sq. ft. * A11 dwelling units require 2-car garage, no carports ONTARIO No Standards 3 7/ UPLAND Dwelling Unit Size Standards as follows: ZONE MIN. LOT AREA MIN. D/U SIZE sq. ft. sq. ft. Sino le Famil y Zones R-S-20 20,000 2,000 R-S-15 15,000 1,800 R-S-SO 10,000 1,500 R-S-7.5 7,500 1,400 R-S-6 6,000 900 Multi-Family Zones R-M-4.4 30,000 1,000/du R-M-3.6(c) 30,000 1,000/du R-M-3.6 15,000 1,000/du R-M-2.0 16,000 1,000/du R-M-1.5 7,500 500 -Bachelor 700 - 1 Bdrm 900 - 2 Bdrm 1,000 - 3 Bdrm S ecial PDR 1,000 sq. ft. for a 1 Bed roam plus 200 sq. ft. for additional Bedroom • J 3 3 ~- CITY OF RANCHO CLCAMOtiGA ~~~^~+o~~ MEMORANDUM '`` ~ ' '= ~I ~4y%:ke z Z f 1 LJ T0: AB Sistant City Manager and City Council FROM: Nark Lorimer, Admini act alive Analyst +'--" SUBJECT: Uoda [e on Yect or C otrol Ac[iyit iea S inee [he Ci [y Council last considered [he vector control issue, staff hee re- searched Seoa to Bill 2162 which vas presumed co allocate funds for purposes of vector control relief. SB 2162 does provide a funding eource for the incorpoz aci on of a vector control district, yet only in the form of ao aseese- men[ [o property owners. This finance mechanism does no[ prw ids funds to Ci ty'e in order co provide for vector services. Ad di ti one lly, staff will be meeting wich personnel from the West Valley Yec[or Control Die tr icc on Nonday, August 5 co dis cu ea the poeaibi h[y of funding alternatives (ocher than assessment) for an iamediate action to reduce the vec- tor problems. Scoff anticipates [hat in the event [he West Valley Vector Con- trol Board al love a contractual arrangement with the City, immediate relief as suggested by Kathy Wheatley and Regina Beaver could be passible. A meeting with Councilman Buquet, Councilman Ring and Mr. Gene Zdunoveki hoe also been echedu led for Tuesday, August 6 to discuss Mr. Zdunoveki'e proposed contractual aervicee. Staff will keep you up-to-date ee fo [he developments of the meetings with [ne West Valley Vector Can[r of Discr ict and with Mr. Zdunowski. Should you have any questions regarding Chia matter, plea6e contact a[ your convenience. /ml 33 3 PRF.LI)IIV \R}' DFF1Cl 1I, tiT ATF.U I!]'I' IKI'ED \Cfl ~: 5. I9R5 VEK' ISSI'E Relings: Standard & Poor's: A.4.4• I l'SF&G Insured) ISee "Ratings" herein) /n Ihr opinion n(F tlarAenvie Brown. Rnnehn .San(r F'e, Culilornia. HnnA Counsel. tinder tda'lin,¢ /axs. re¢ulafiona. rullnRr and prdiela! den.nnn,v. interest un the Hands is rxernpl from Ji'drru! Lazune !u mlinn nnrl )roar /rrr'emr (LIiJ'nrnia personal mronir m.x'r t. QlotOOOtooo** City of Rancho Cucamonga (San Bernardino County, California) Community Facilities District No. 84-1 (Day Creek Drainage System) Special Tax Bonds Series "A" Dated::\ugust 1. 19R5 Due: :Wgust 1, as shown baton The Bonds arc being issued to linanee the cunslructinn and instNll:uion of ecrtu in public a+pilal drnnnge facilities. nigcther with nppurlcnant cork and incidental expense.. to sent and provide drainage protection to prepcrry kx:ated within Conlmunils F~acilibes Uislnct \o. %1-I ID;n Creek Drainage Sysleml of the City of Rancho Cucamonga. California Ithe ..City"). The B+nds arc :mthonecd m be isnucd pununm to the McIlrn Raln C'onnnunity Facilities r\ct of 19X'_. as amended, IScctions 9il I m scy. of Ihc Gocernmcnt Code of the Stale of C"aliforniul and a Rcrohnion of the City Council of the Cit} and arc payable from an irrevocable first pledge of she revenues of an annual Special Tax less defined hereto) to be collected within Community' Facilities District Vo. 944 Isaid Special Tar to be levied with respect to land within the Uissrict according to a formula approved b} the City Council). The Bonds are slxn secured by all funds received by the City pursuant to a Lnnn and Pledge:\greement with the Redevelopment Agency of the City of Rancho Cucamonga (the ":\gency '1. Purvunnt to the Loan and Pledge \greement. the Agency has pledged certain of its excess Tns Increment Revenues fns such term is defined herein). consisting of n portion of the ad valorem taxes levied on taxable property within the Rancho Redevelopment Project 4rca of the r\gency. Sec "The Redevdapment .Agency of the City of Rancho C'uu:menga;' herein. The vahdny of the Special Tns and the issuance of the Bonds have been confirmed by a judgment entered in the Superior Court of the Smte of California in and for the County of San Bernardino on Play %. 19%s. Said Special Tax sh:dl be collected m the <amc manner and aI the same time as ud valorem properly trues :ve <ollccled by the ('nuns} of San 9ern:vdino and when received shall be placed in the Bond Payment Fund of Community ISmilitres Ui,aricl Ko. ri1-I held by hunk a(America \nuon:d Trust & Savings Association (Ihc "Fiscal Agent"1 in I ~x :\ngcles. California. lateral on the Bands will be pa}:+ble on Pcbruan I and Augur) I of each year a+mmen<in4 February I. I9Xh. The Bonds will be iaucd as registered Bonds in deeominatium of 55,000 or any integral muhiple charnel. Principal of the Bonds will be payable nl Ihc corporate tmst uAicc of the Fiscal Agent in Los :\ngcles. Cxli(ornia. Interest writ be paid by check mailed «~ the registered owners as of Ihc ISth day prior to rmh intenat payment dales The Bonds ore subject so redemption poor m m;u urily. as desanbed herein. •nlhcr the (ailh and credit nor the taxinF powu of the Cily of Runchu C'ucu mango. Ihc Redevelopment \acnc} of the Cin of Rnnehn Cueumonga, the Smtc of California or um political wbdicismn of am of Ihc I'nrcgning is pledged to she p:n meat n( the Bands '114'I'l'RIT\' S('F1F.D1'LE'• \7•mrib lateral Pd<e m tlaturib Inr rat Price m IAUgusl li Amnaor Psle 1'ieW 11uRu,l h Amnunl Rate IieM 19X% 5170,000 1991 c7i0,0011 p)%9 505.000 1995 a'15,OOfl 1990 510.000 199h %fi0,(100 1991 5X0.000 199) 975.0110 1992 fi25,000 199N 10:00110 199} fi~5,000 1999 1110,0110 59.155,000 _r: Perm Bonds Due August I, 2005 price ": ?hr Nunds nrr n/frra7 x'hvn. nv and iJ'inurd, vrhjner !n nppnnnl ns tr. Ilirir IzRnlin' ul F 1lnrdrndr Amm~. Ranfhn ,Sanm Fe. (-aLlornia, HunA CntnerrL ('Prluln IrRnl rrmllerv xdl hP port rrd upon Inr Ihr (ndrre rilrr h+~ OrrlrF. HrrrmRfrrn F SuirLl)'e. .5'un Frans trn. ('ulrHvrua. l( it nnnripnrrd rho! flit )Look In Jrnnuicr Jorm xil/ he avuilnhlr l'nr rlrLvrn~ (n Lm :Iri¢rlev. Callfurnia, un nr about lu,¢usf :I. IVA~. Doted August . 19%5 Stone & Youngberg • Payment of the principal nLmd inlcrcN on Ihc Bonds will be Insured by x mm~iupal bond innurn ncc poliq to he issued b)' the United SVncs Fidelity and Ciuaranq ('nmp:m} IUSF&G ('nmp:my) sinudtaneouvly with the del n~cry of Ihc Bonds as described herein. 5l;mdard and Puor's Corporation has asslgncd its municipal MmJ raring of'N:\A" nt the Bands on the understanding Ihas the standard policy of 1'~SP&(i Compam', insuring the timely p:n'ment of the prinnpal of ;md interest on the Bonds, will ba issaetl b}' GSF&(i Cumpx ny nprm delivery of Ihc Bonds. •• Preliminary, subject to change. CITY OF RANCHO CUCAMONGA, CALIFORNIA City Council and Redevelopment Agency Board Jon D. Mikels, Mayor and Chairman Richard M. Dahl, Mayor Pro Tem Charles J. Buquct, II Jeffrey King Pamela J. Wright City OlBcials Lauren M. Wasserman, Cip• Manager Jack Lam, Communip~ Devefopmem Direeror Lloyd B. Hobbs, Cify Engineer Harry Empey, Einanre Direeror Linda Daniels, Senior Redeveloprnenf Anal}af Bond Counsel F. Mackenzie Brown (F. Mackenzie Brown, Inc.) Rancho Santa Fe, California Project Engineer Willdan Associates Anaheim. California F'iscnl Agent Bank of America National Trust & Savings Association Los Angeles, California Finmcinq Consultant Fieldman, Rolapp & Associates Irvine, California TABLE OF CONTENTS Summary Statement .................................................................................................... ............................ (i) 1 ntroduction .................................................................................................................. ............................ 1 The Bonds .................................................................................................................... ............................ 2 Security far the Bands ................................................................................................ ............................ 3 Bondholders' Risks ....................................................................................................... ............................ g Judicial Validation ....................................................................................................... ............................ 9 The Rancho Redevelopment Project .......................................................................... ............................ 9 The Community Facilities District ............................................................................. ............................ 16 The loan and Pledge Agreement .............................................................................. ............................ Ig Estimated Tax Revenues and Debl Service .............................................................. ............................ 19 The R<solution ............................................................................ ............................... ............................ 2U Estimated Disposition of Proceeds ............................................................................. ............................ ZO Absence of Litigation .................................................................................................. ............................ 23 Ralings .......................................................................................................................... ............................ 24 Tax Exempt Status ...................................................................................................... ............................ 24 Legal Opinion ............................................................................................................. ............................ 24 Underwriting ................................................................................................................ ............................ 24 Miscellaneous ............................................................................................................... ............................ 24 Gen<ral Information on the City and Area .............................................................. .................... Appendix A Bond Insurance: Certain Information Regarding USF&G Company .................... .....................Appendix B No dealer, broker, salesperson or other person has been authorized by Ibe Ciry of Rancho Cucamonga or the Redevelopment Agettey of the City of Rancho Cucamonga to give any iMormation or to make any represenlatiom other than those contained herein and, if given or made, such other information or represenm- tion mml not be relied upon as luring been authorized by the City, Ibe Agency or the Utdernriter. This ORlcid Statement does rat comlimte as oBer to sell or the wlicimtion of an oBer to buy rar dull there be any gale of the Bonds by ^ Perron In any judsdicNon in which it is unkwful for such person to make such an oBer, solicilatlon or sale. This Ofllcial Sutement is rat to be cortslrued as a contract with the purchasers of the Bonds. Statements conained in this Official Statement which involve e9timales, forecrs4s or matters of opinion, wbetber or rat expressly so described herein, are inlerded solely u such old are twl to be construed as A repre9entalion of taCt9. The information get forth herein has been obtained from offlcid sources which are believed to be reliable but it is not guaranteed rs to accuracy or compkteness. Tbe information aril expression of oplntom herein are subject to change without notice and neilber delivery of this OBlcial Statement tar any sale made bereutder shill, order any circurretmce9, crpte any Implication that there has been ra change in the agairs of the Cily or the Agecey since the date bercof. All summaries of the Resolution or other documents ere made subject to Ibe prod9ions of such documents ropecflrely and do rat purport to be complete statements of any or dl of such prmisiore. Reference is hereby made to Such documents on file wish the City for further informaion in connection (herewith. The OBlcid Smtemenl Is submitted in conttection with tbe sale of Ike Bords referred to herein and may sat be reproduced ar used, in wMk or in parr, for any other purpose. SUMMARY ST,ITF.MEN'f TFIIS SCMMARY' IS SUBJECT IN ALL RESPECTS TO THE MORE COMPLETE INFORMATION CONTAINED IN THIS OFFICIAL STATEMENT AND THE OFFERING OF THE BONDS TO POTEN- TIAL. INVESTORS IS MADH ONLY BY MEANS OF THE ENTIRE OFFICIAL STATEMENT. Purpose: The City of Rancho Cucamonga Community Facilities District So. R4-1 (Da} Creek Drainage System) Special Tnx Bonds Series "A" (the "Bonds") are being issued to hnanec the construction and installation of certain public capital drainage facilities, together with appurtenant work and incidental expenses (the "Projeci'1. to serve and provide drainage protection Io property located within Community Facilities District No. R4-I (Day Creek Drainage System) (Ihe "District") of Ihe City o(Rancho Cucamonga, California (the "City"). Security for the Bonds: The Bonds are secured by and payable from an irrevocable first lien on and pledge of the revenues n( an annual Special Tax to be levied against land within the District. In accordance with the requirements of the Melio-Roos Community Facilities Act of 1982 being Sections 5331 I et seq. of the California Government Code (the ".Act"), an election was held on June 26, 1984. at which more than two-Thirds of the District i electors, ax determined in accordance with Ihe Act by acreage owned within the District, approved the issuance of not to exceed §20,225.000 principal amoum of bonds to be secured by the levy of a Special Tax of no( greater than $550 per acre per year. For 19R5/R6, Ihe Special Tax rate has been set at §350 per acre. The Bonds arc also secured by certain amounts to be received by Ihe Cily pursuant to a Loan and Pledge Agreement with the Redevelopment Agency of the City of Rancho Cucamonga (lhc 'Ylgency"). Pursuant to Ihe Loan and Pledge Agreement. the Agency has irrevocably pledged certain excess Tax Increment Revenues (as such term is defined herein), consisting o(a portion of the ad valorem taxes levied on taxable properly within the Rancho Redevelop- ment Project Area, the boundaries of which overlap those of the District. The Agency's annual pledge of Tax Increment Revenues is required to equal the greater of $500,000 or an amount which, together with estimated Special Tax receipts, will equal at Ieasl 1107r of the debt service due in each year. The Agency's pledge of Taz Increment Revenues is subordinate to certain other outstanding obLgali0nx of the Agency as described in the section "The Rancho Redevelopment Project." A Reserve Fund initially eyual to G.5'. o(Ihe principal amount of the Bonds will be funded from Rond proceeds. On August I, 198R, the Reserve Reyuiremenl will increase to an amount equal to the maximum annual debt service on the 8nnds. Judicial Validation: On May R, 19R5, the Superior Court of the Stale of California in and for the County of San Bernardino entered a default judgment in a validation soil filed by Ihe City. Anwng other things, the judgment declared the Special Tax securing the Bonds constitutes a valid and binding special tax of the District under the provision of the State Constitution, that the Agency's pledge o(cerlain excess Taz Increment Revenues under the Loam and Pledge Agreement constitutes a Icgal, valid and binding obligation of the Agency subject to certain senior obligations of the Agency, and that the Bonds with when issued, constitute legal, valid and binding obligations of the District. Form of Ionds: Fully registered form without coupons in the denomination a($5,0f10 each or any integral multiple thereof. Redemption: The Bonds arc subject to optional redemption on or a(ICr August 1, 1992, as a whole or in part, on any Interest Payment Date a1 Ihe redemption prices set forth herein. City of Rancho ('ucamonga: The Cily of Rancho Cucamonga, encompassing approximately 34.7 square miles, is located in the western section of San Bernardino County, about 40 miles cast of Los Angeles. Inmrporaled in 1977, the City operates as a genefal law city with a wuncil-manager form of government The City's population in 1985 was estimated to be fi5.4R0, THF; BONDS ARE LIMITED OBhIGATIONS OF THE DISTRICT PAYABLE SOLELY AS SET FOR'T'H ABOVE AND IN THIS OFFICIAL STATEMENT. THE RON DS DO NOT CONSTITUTE AN INDF:BTEiDNF:SS WITHIN TIIF: MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION AND NEITHER TIIF FAITI{ ANU CREUIT NOR THF, TAXING POWER OF THF. CITV, TIII'.. AGENCY OR ANV OTHER POLITICAL SUBDIVISION OP THF. STATE OR THE CITY IS PLEU(iED TO THF PAYMENT OF' THE. 9ONDS. NEITHER THE OFFICERS OR DIRECTORS OF THE CITY OR AGENCY NOR ANY PP.RSONS EXECUTING THE BONDS SIIAI,h BE LIABLE PERSONALLY ON 'f11G BONDS OR SUB.IECT TO ANY PERSONAL. LIABILITY DY REASON OF TFI f•, CXF.CUTION THEREOF. $18,000,000* City of Rancho Cucamonga (San Bernardino County, California) Community Facilities District No. 84-1 (Day Creek Drainage System) Special Tax Bonds Series "A" ItiTRODC("rIOV The purpose of this Official Statement is m provide certain information eUneernin€ the issuance of City of Rancho Cucamonga Community Facililics Dislricl \'o. H4-I (Day Creek Drainage Systeml Special Tus Bonds Series ".A" (the "Bands"). in the aggregate principal amount of 51%,000.000'. The Vlello-Roos Community Facililics Act of 1982, us untended, constiunittg Sections X3311 et arq. of the Cali (ornia Gocernmcnt Code (the "Act"), was enacted by the Cali(arnia Lc¢islature to provide an nlternatice method o(financing certain essential public capital facilities and services. especially in Develop- ing areas of the Slate, Once July established, a community facilities district is x Iegalh ttmxtit uted gorcrnmental entity within definitely defined boundaries, with the gm~erning board or Icgislative body o(IIIc local agency acting on its behalf. Subject to appmrul by atwo-thirds tote of yualificd clecmrs anJ compliance with the provisions of the Act, a Icgislative baly' of a local agent)' may issue bonds for a comntunily facilities distnet and may' levy anJ collect a special tax within such district In repay such indebtedness. Pursuant to the Act, the Cily Council of the City of Rancho Cucamonga adopted Rewlution No. %4-31 on February I. 19tl4, staling its intention to establish Community Facililics Dislricl No. %i-I (Day Creek Drainage System) (Ihe "District") and to levy a special tax within Ihe District. On .lone 26. I7%J, al an election held pursuant to Ihe Ac6lhe electors within the boundaries o(Ihe District authorimd the District to incur 6ondeJ indebtedness in a principal amount not to exceed 820,225,000 to finance certain public capital Drainage impruvcments to meet the needs of new development within Ihe Dill riot ;md approvcJ the maximum rate and method o(apporlionment of aSpecial Tax to pa} Ihe principal anJ interest on Ihe bonds Issued. As used in this Official Statement Ihe "Special Tax" is that tax authnri~ed pursuant to the Act and levied against land within the District pursuant to Ordinance Vo. 2R3 u(lhe C it} adopted un .lone 5, 19%5. Sec "Security far the Bonds -- The Special Tax" herein. The validity of Ihe Special Tax and the issuance of the Bonds have been wnlirmeJ b} a judgment entered in the Superior Court of the State o(Cali fornia in anJ fur the County of San Bernardino on Mu} 8, 19%5. Among other issues. the validation suit sought a ruline that the Special Tax to be levied was a special tax as permitted by Article XIII A o(lhe California ('oust ilution and not an xJ calorent tax. See "Judicial Validation" hcrciu. In Nay, 19tl1, the City activated the Community Redevelopment Agency of Ihe City of Rancho Cucamonga (the "Agenev'") pursuant to the Community Redevclnpment Lau, the Gllifornia Ileallh and Safety Code (Sections 7]000 e! any.) (the "Redevelopment Lea"I. In December, I9%I, the ,Agency establisheJ the Rancho Redevelopment Project Ithc "Rcdevclopmcnt Pmjccl"1 in un area consisting of approxlmaldy 5500 acres. The primary purpose of the Redevelopment Project in m eliminate certain existing conditions, such as improper drainage ;md exposure 4> Ilornla, which have c:mseJ lack of proper utilisation of land within the Redevelopment Project. Because Ihe Drainage and flood control improvement} being linanced with pnxn-dc of the Bands will promote the objectives o(the Rcdevclopmenl Prnjecl, the Agency anJ the Cil) have entered into a Loan and Preliminary. subject to change. Pledg< Agreement dated as of August 1, 1985 (the "Loan and Picdgc Agreement") pursuant to which the Agency has pledged certain excess Tax Increment Revenues derived from the Redevelopment Project and allocated to the Agency pursuant to the Redevelopment Law. The Agenc}'S pledge of Tax Increment Revenues is required to equal al least 5500,000 per year, i5 subordinate to the pledge of such revenues securing outstanding debt of the Agency and is subject to certain other limitations, all as more fully described in the sections entitltd "Security for the Bonds" and "The Rancho Rrdevelopmen[ Project'. THE BONDS Authority for Issuance The District was established and bonded indebtedness in an amount not to exceed 520,225.000 was authorized pursuant to provisions of the Act. In accordance with such provisions, electors were entitled to case one vote for each acre, or portion of an acre, of land owned within the District. Atwo-thirds' aMtrmative vote was necessary to incur the ind<btedness and to approve the Special Tax to be collected in the District for the purpose of repaying the indebtedness. The Bonds were authorized at an election held in the District on June 26, 19g4 and will be issued pursuant to the Act and Resolution No. adopted by the City on August .1985. Description of the Bottds The Bonds will be issued in the aggregate principal amount of 518,000,000•. The Bands shall be dated as of August 1, 1985, and inlerul thereon shall be payable at the rates set forth on the Covef Page hereof from the Interest Payment Date next preceding the dale of authentication thereof, unless: (i) it is authenticated a5 0(an Interest Payment Date, in which event interest shall be payable from the date thereof; or (ii) it is authenticated alter a Record Date and before the following Interest Payment Date, in which tutor interest shall be payable from such Interut Payment Date; or (iii) it is dated prior to January I5, 1986, in which event interest shall be payable from August I, 19g5. The Interest Payment Dates are August I, and February I of each year commencing February 1.1986. The Record Date is the I Slh day of the month preceding each Interest Payment Date. The Bonds will mature on August I of the years and in the principal amounts shown below MATURITY SCNEUIiLE• 1'nr of Ynr of Mrmriry RiaeiPl N•md0 Pr1lulpel IAgie111 AAt fAwt~>2~ Anw•at 1988 .......................... ........._ 5470.000 1994..........._.............. .......... 5 730.000 1989 ................ _.. _.. _ ........... 505,000 1995........................... .......... 795.000 1990 .......................... ........... 540,000 1996...........,............... .......... 860.000 1991 .......................... ........... 580,000 1997........................... .......... 935.000 1992 .......................... ........... 625.000 1996........................... .......... 1.020.000 1993 .......................... ........... 675.000 1999........................... .......... I.110,000 2005 ........................... .......... 9.15 5,000 The Bonds arc deliverable in (ally registered farm without coupons, in the denomination of 55,000 or any authorized integral multiple thereof. Principal of the Bands (and the final payment of interest thereon) will be payable only at the corporate trust once of the Fiscal Agent in Los Angeles, California. Payment of interest on the Bonds shall be made by check or draft mailed on the Interest Payment Date lu the registered owner as of the Record Data. • Preliminary, subject to change. Optional Redemption The Bonds maturing on or b<fore August I, 1992, are not subject to optional redemption prior to maturity. The Bands maturing on or alter August I, 1993 arc subject to optional redemption prior to maturity on or alter August I. 1992, a[ the option of the Cily, as a whole or in part on any Interest Payment Date from amounts deposited b} the City in the Redemption Accoum from any available source of funds therefor (but not in a total redemption amount of less than 520,0001. The Bonds are subject to optional redemption in inverse order ofmaturity' (i(less than all o(the Bonds outstanding of any maturity are called for redemption, Such Bonds to be so redeemed shall be selected by the Trustee by lot), at a price equal to the principal amount thereof plus accrued interest, plus a premium equal to one-half o(one percent (Ih9r) of the principal amount of Bonds so called (or redemption far each }'ear or portion thereof from the date of redemption to the scheduled date of maturity, but in no event more than twu and one-half percent (24v%r). Additionally', the City may buy Bonds at private ar public sales al a price not greater than the par value thereof, plus applicable premium and brokerage fees. Mandatory Sinking FurM Redemption The Bonds maturing on August I. 2005, arc subject to mandalor}'sinking fund redemption on August I in each year on and alter August I, 2000, by lot, al a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest thereon to the date fined for redemption, without premium. as follows. RNmptbe Dau IAu~mt II PriMip~l Redeemed 2000 ............................................................ ............................... 81.210.000 200 I ........................................................... ............................... I . J 2 0,000 2002 ............................................................ ............................... I.445.(l W 2003 ............................................................ ............................... 1.575.000 2004 ............................................................ ............................... 1.725.000 2005 I maturity) ......................................... ............................... 1.860.000 Notice of Redemption When redemption is authorized or required, the Fiscal Agent shall give notice of the redemption to the Owners of the Bonds to be redeemed, at the enpense of the City. Such notice shall specify; (a) that the whole or a designated portion thereof (in the case of redemption of a Bond in part but not in whole) is to be redeemed. (b) the date of redempllon. (c) the place or places where the redemption will be made and (d) the redemption price, Such notice shall further state that on the specified payment date there shall become due and payable with respect to each Bond to be redeemed, the principal thereof and premium, if any, together with interest accrued to said payment date, and That from and after such paymont date interest thereon shall cease to accrue and be payable. IVatice of redemption shall be mailed to the respective Owners o(any Bonds designated for redempllon al Iheir addresses appearing on the Rond registration books, al Icasl twenly~five (25) days but not more than sixty (60) days prior ;o the redemption date; provided that neither the failure W mail such notice nor any defect in any notice so mailed xhall affect the sufficiency u( the proecedings for the redemption e( Bonds or the cessation of interest on the redemption date. SEC'liRl'F4Y' F'OR TIIE BONDS The Bonds arc secured by and are payable from the annual Special Tao levied by the City on land within the District, interact earned (after mmplelion of the public facilities) on funds held pursuant to the Resolution and by amounts received from the Agency pursuant m the Loan and Pledge Agreement As described below, the Agency's obligations under the Loan and Pledge Agreement are secured by a pledge of certain excess Tax Increment Revenues, consisting of a portion of the ad valorem rants levied on taxable propert} within the Redevelopment Project Arca and allocated to the :\€ency pursuant w the Redevelop- ment Lau and the State Constitution. The Agency's' pledge of such Tax Inerentenl Revenues ix subordinate to ecnxin other outstanding obligations of the Agency, The Special Tax In accords nee with prm'isions o(lhe Act, the Cily established the District on \1erch 7. 198y to provide certain public flood control and drainage facilities'. On June _a6, 19%1, yualitied electors within the District soled to incur bonded indebledoess in an amount not to exceed $30,1?5.000 to finance the drainage improvements, said indebtedness' to be secured by the annually' levied Special Tax. The electors approved an ;uu:uul Special Tax of not to cxcccd 8550 per acre. The Superior Court of the State of California in and fur the Count} of S;m Hernardino has found in u judicial Validation action that the Special Tax will constitute a valid and binding special tux of the District under the provisions o(Article XIII A of the State Constilulion. Punuanl to Section J of Article XIII A. the C it) ma), upon the too-thirds vote o(the qualified electors, impose ;t spucia I lax on the District On .lone >. 17%5, the City Council approved Ordinance tio. 263 authori>ing an annual Special Tax of not to cxcccd $>SO per acre and authorizing the dclerminmion of each ycar'x Special Tas rate by resolution of the City Council, said resolmion to be adopted no later than the second meeting of .Iuk of each year. On July' 31. 1985, the City Council adopted Resolution No. g5-?I% setting the Special Tax vale fur 19%5/%fi at an ;umnnl equal to $Jx0 per sere. The Spccinl Tax imposed b}' the Cil}' (or the District will be collected in the same manner and at the same time ;u ad valorem propcrtp taxes are collected by the Taz Collector of San Rerrwrdino County. When received. such Special Taxes will be deposited in the Dond Pay meet Fund held h} the Fiscal Agent (or payment of debt service on the Bands or deposited in the Bond Rcscrvc Fund to restore the balance therein to the Rcsen'e Reyuiremenl. Pursuant to Section 53356.1 of the Act in the evem am' Special Tnx or installment thcrrof or any interest Ihcrcon ix not paid when due, the Cit)'. within (our years o(Ihc final maturity date of the Roods. may order the institution of a court action to foreclose the lien therefor. In such an action, the reel propert}' wblect to the unpaid amount may be sold at judicial foreclosure sale. This (arcclosure z:dc proccdurc is not mandalon under the Act However, in the Resolution providing for the issu:mce of the Bonds, the Cih' covcn;mts with the owners of the Bonds that, in the cvcm an} Special Tax or instnllmcnl thereof. including any interest thereon, is not paid when due. the City will order and cause to he commenced within I50 days liillou ing the date of delinquency, and thereafter diligentlc prosecute m completion, court foreclosure proceedings upon the lien of any and all delinyucnt unpaid Special Taxer and interest. Poor to July I, I9%3, the statutory right of redemption from such a judiciol foreclosure sale was limited m a pcnnd of one }ear from the date of salt. Legislation amended this statutory right of redemption to provide that before notice of sale of the foreclosed parcel can be given following court judgment of foreclosure. a redemption period of 120 days must elapse. Furthermore, if Ihn purchaser at the sale is the jadgmem creditor, i.c. the City, an action may be commenced b)' the delinyucnt propert} owner within six months x(ler the date of sale to set aside such sale, The constitutionality of the aforementioned legislation which autendcd the one-year redemption pcnud has not been tcsmd and there can Oc no assurance that, if tcstcd, such Icgislation will be upheld. Tax Increment Rexenues The:\gency has pledged certain execs Tax Increment Revenues as security far its obligation under the I Ilan end Plcdgc ,\greement which rcyuires payments from the Agency of not Icss then $50(1,000 per year. As explained more full}' below, the ,1gcncy's pledge of Tax Incrcmcnl Revco acs is subordinate to the Plcdgc of such rm~enues securing certain bonds of the Agency which arc currently outsl:mding ar which may be issued m the future i( certain minimum debt service coverage r,:lios ore satisfied. As provided in the rcdcvclopntcnl plan, ^s emended, fur the Rede~clopmenl Project Ilhc "Rcdcvclopmcnl Plad'I and pursuant la Article 6 0(Chapter 6 of the Redevclopmenl law, and Section Ifi of r\nicle XVI of the C'onslilulian of Inc Stale of California, regular ad valorem to acs levied upon to xablc property in the Redevelopment Pro)ec( each year 6}' or for the benefit of the State of California, any city, county', city and county or other public corporation for fiscal years beginning after the e0'ective date of the Redevelopment Project, shall be divided as follows: I. The portion equal to the amount of those taxes which would have been praluced by the current tax rate, applied to the taxable valuation of such property in the Redevelopment Project as last equalized prior to the establishment of the Redevelopment Project, or base roll shall be, when collected, paid into the funds of those respective razing agencies as taxes by or for such taxing agencies; and 2. The portion of such levied taxes each year in excess of such amount ("Tax Increment Revenues"), including all payments and reimbursements, if an}, to the Agency specifically attributable to ad valorem fazes last hy' reason of laz exemptions and tax rate limitations, shall be allocated to, and when collected, shall be paid to the Agency. Subject to certain statutory and contractual requirements, the Agency has pledged the Taz Increment Revenues Io the pa)'ment of its Rancho Redevelopment Project Tax Allocation Bonds, Series 1964 A, in the outstanding principal amount of $7,750,000 (the "Tax Allocation Bonds"). The Agency's Resolutions No. RA R3-07 and No. RA 84-01 (collectively, the "Tax Allocation Bond Resolution'") provide, in part, that "Pledged Tax Revenues" do not include that portion of Tax Increment Revenues derived from the Project Area which arc required b}' Section 37774.2 of the Redevelopment Law to be set aside by the Agency for the purpose of increasing and improving t'ne community's supply of low and moderate income housing. Nor do Pledged Tax Revenues (within the meaning of the Taz Allocation Bond Resolution) include that portion o(Tax Increment Revenues which are required to be set aside for or paid to other governmental agencies in accordance with the provisions of certain cooperative agreements entered into by the Agency with taxing agencies aBecled by the Redevelopment Projccl. Such agreements have been entered into with li) the Count} of San Bernardino on behalf of itself and on bchal(o(thc County Frec Ubrary and the San Bernardino County Flood Control District (the "County Agreemeni '). (ii) the Chino Basin Municipal Water District, (iii) the Cucamonga County Water District and (iv) the Foothill Fire Protcetion District. Sec Table I below and the section "The Rancho Redevelopment Project" for further information on the cooperative agreements and their limitations on the Tax Increment Revenues allocable to the Agency. The Tax .Allocation Bond Resolution further provides that the Agency shall pay'to the fiscal agent for the Tax Allocation Bonds all of the Pledged Tax Revenues when collected, net of the amounts required to be distributed in the manner described in the two proceeding paragraphs. Bank of America National Trust & Savings Association in Los Angeles, which is Fiscal Agem for the Rands being olTered hereby, is also fiscal agent (or the '!ax Alloation Bonds. The fiscal agent is reGuircd w apply' the Pledged Tax Revenues to the payment o(debl service on the Tax Allocation Bands and the maintenance o(a debt sevice reserve eyual in amount to the maximum annual debt service thcrenn ($Rg4,292.50). Interest on the Tax Alhxation Bonds is pa}'able on 11ay' I and November I: principal matures serially nn May I of each y'car through May I, 2014. The average annual debt service on the Tax Allocation Bands is approximately $R2J.250 per year. Money may only be released from the Taz Allocation Bond special fund alter May I in am Fiscal Ycar npon satisfaction u( the following requirements Q) after delivery to the fiscal agent o(a certificate signed by an oRicer of the Agency showing that the Pledged Tax Revenues to be received in the following Fiscal Year, based upon the most recenll)' equalized valuation of taxable property' in the Redevelopntenl Project, will be equal to al least L10 times the debt service on all Tax Allocation Bonds which will be outsla nding in such (allowing Fiscal Year; and (ii) alter the Fiscal Agent shall have received Pledged Tax Revenues in an amount sufficient together with funds already on deposit in the xpecial fund (or the Tax .Allocation Rands Inot including amounts in the debt service reserve account therefor) to pay the interest, principah and scheduled sinking fund installments coming due on the next interest payment date wish respca to all Bonds then outstanding, and to restore the rexerve account to an amount cyual to the maximum annual debt service, i(rcyuired; then additional Pledged Tax Revenues in such Fiscal Yenr and other amountx on 5 deposit in the special fund (exclusive of the reserve account) shall be declared "Surplus" and may be used and applied by the Agency (or any lawful purpose. "Fiscal Year" means the Agency's Fiscal Year which currently ends on June 30 of each year. From such "Surplus Tax Revenues" the Agency has pledged certain amounts as security' for its obligations under the Loan and Pledge Agreement with the City. The Agency is required to pay the City in each Fiscal Year the greater of (a) an amount, which together with the estimated Special Tan Revenues in said Fiscal Year, will equal at least 110% of the debt service due on the Bonds in said Fiscal Year, or (b) 5500.000. The Agency r obligations under the Loan and Pledge Agreement are subject to the Agency's rights thereunder and under the Tax Allocation Bond Resolution to incur additional obligations secured by Pledged Tax Revenues. However, the debt service on such additional obligations shall not reduce the Surplus Tax Revenues available to discharge the Agency's obligations under the Loan and Pledge Agree- ment to an amount less than the amount specified above. See "The Rancho Redevelopment Project -The Tax Allocation Bonds" and "The Loan and Pledge Agreement:' The Tax Allocation Bond Resoluion provides the Agency may incur additional indebtedness secured b}' Pledged Tax Revenues subject to certain conditions precedem including the requiremem that Pledged Taz Revenues plus certain other revenues equal maximum annual debt service on all Tax Allocation Bonds and an}' bonds secured by a parity lien on Pledged Tan Revenues. Table 1 bclox' details [hc gross amounts and distribution of the Agency's Tax Increment Revenues for Fiscal Years 1987/84 through 1985/86, under the assumptions discussed in the section "The Rancho Redevelopment Project". The Agency has projected Surplus Tax Revenues of 51,748,796 will be available to meet its 1985/86 obligation under the Loan and Pledge Agreement which is required to be not less than 5500,000. See "The Rancho Redevelopment Project" for additional information on the Surplus Tan Revenues projected lobe paid by the Agency to the City under the Loan and Pledge Agreement and applied b} the City toward debt service on the Bonds being offered hereby. TABLE 1 Rancho Redevelopment Project Tax Increment Revenues, 1983/84 - 19A5/A6 AWiIN t'uueitN ProlKted I9fll/a~ 1981/AS 1985/flb Gross Tnn Increment Revenues ................................................. ..... SL434,781 52,500.000 53,422,474 Housing Set Aside (I) ................................................................ ..... (286,956) (500.000) (684,495) Pass-Through to Taxing Politics (2)~~~~~~~~.......,..._ .................... ..... 1161.9fi2) (282.207) (786,338) Fire Protection Fund (3) ............................................................ ..... (113,951) 11 9X,5511 21 71_815) Pledged to Tax Allocation Bonds ......................................._.... _.... 871,912 1,519,242 2,079,826 Tax Allocation Bond Debt Service (4) ..................................... ..... 0 7( 64.143) 7( 31,030) Surplus Tax Revenues (5)........_.........._..._ ............._._............. ..... S 871,912 5 755,099 51,348,796 Minimum Pledged Under loan and Pledge Agreement ......... ..... 5 SOf1,000 (I1 20'T (lousing set-aside pursuant to Section 33334.2 0( the Redevelopment law, (2) Pass-lhroughs to other taxing entities pursuant to ttwperative agreements. (3) Reserved (or fire protection facilities pursuant to cooperative agreement with the Ftwthill Fire District. (4) Net of debt service reserve account earnings estimated at 875.000 per year. (5) Within the meaning of the Tax Allocation Bond Resolution. Source; Redevelopment Agency of the City of Rancho Qtcamonga. Sce "The Rancho Redevelopment Project" herein. The County Agreement provides that the Tax Increment Revenues which, in th< absence of the Redevelopment Plan, would have been allocated to the County (approximately 257 0(Gross Tax Increment Revenues), muss be used by the Agency to finance "Regional Facilities' which include but are not limited to the Aood control improvemecs constituting the Project The Agency and the County have further agreed that approximately 42.7% of the Tax Allocation Bond Debt Service is attributable to said Regional Facilities. While the Agency may use any lawfully available funds (including particularly the pledged Surplus Tax Revenues as described above) to discharge its obligation under the Lnan and Pledge Agree- ment, the Agency intends to use the portion of Tax Increment Revenues reserved (or Regional Facilities but not needed to pay [he Tax Allocation Bond debt service allocable to Regional Facilities (42 7S) to make payments pursuant to the Loan and Pledge Agreement. The minimum amount irrevocably pledged under the Loan and Pledge Agreement is 550(1,000 per year. However, the Agency expects the amount required to be used for Regional Facilities and available to discharge its obligations under the Loan and Pledge Agreement will increase substantially each year as development of the Project Area continues. Table 2 below shows the portion of Tax Increment Revenues required to be used for Regional Facilities in 19R3/N4 through 1985/R6 and the balance available after paying the portion of estimated net debt service on the Tax Allocation Bonds allocable to Regional Facilities. TABI,F 2 Tex Increment Revenues Reserved far Regional Facilities aWItM FatinutM Prolttred 19AJ/M IriN/XS 1%5/86 Reserved fur Regional Facilities (I) ......................................_....... ...... $347,650 $ 605,754 $ 829,271 42.1'5 of tiet LA.Bond Debt Svc ......................................_.,........ ._... -- (]26.289) 3( 12,150) Balance Reserved (or Regional Facilities ...................................... ....... $347,650 $ 279,465 $ 517,121 11) Approximately 25 of Gross Tax Increment Revenues from Table I. Sourer Redevelopment Agency of the City of Rancho Cucamonga, The .Agency has no power to l evy and collect properly taxes, and uny property Wx limitation, legislative measure, voter initiative or provisions of additional sources of income to taxing agencies having the effect of reducing the property tan rate, could reduce the amount o(Surplus Tax Revenues That would otherwise be available to make payments to the City under the Loan and Pledge Agreement. Likewise, broadened property tax exemptions could have a similar eAect. See "Bondholders Risks'. Reserve Furrd In order to further secure the payment of principal o(and inlere5l on the Bonds, the Cily is required, upon delivery o(the Bonds, ;o deposit an amount equal to 6.5 : of the principal amount of the Roods In the Reserve Fund held by the Fiscal Agent. Amounts in the Reserve Fund shall be used to pay debt service un the Bonds to the extent other monies are not available therefor. The Reserve Fund shall be invested by the Fiscal Agent and the interest earned retained in the Reserve Fund until the amount therein equals the maximum annual debt service on the Ronds. Additionally, on August I, 1987, to the extent sufficient amounts arc Then available in the Rnnd Payment Fund, the Fiscal Agent shall transfer to the Reserve Fund an amount sulBcicnt to increase the amount therein to the maximum annual debt service, Commencing Auga~l I, 19gg, the "Reserve RcyuiremenC' shall mean an amount equal to the maximum annual debt service on outstanding Bnndx and an}' amounlx in excess 0(the Reserve Requirement shall be transferred to the Rond Payment Fund and axed to pay deht service, Amounts in the Reserve Fund may be used to pay the final year's debt service on the Ronds. Sec "The Resolution" herein. Pursuant to the Act and the Resolution, the City is required to levy the Special Tax at a rare (subject to the maximum rate of 5550 per acre per year) sufficient to pay debt service on the Roods and to restore the Reserve Fund to the Reserve Requirement in the event of a draw on [he Reserve Fund to pay debt service. BONDHOLDERS' RISKS Special Taxes In order to pa}' debt service on the Bonds, it is necessan'thal the Special Taxes levied against land within the District arc paid in a timely manner. Should the Special Taxes not be paid on time, the City has established a Reserve Fund initially equal to six and one-hal(perccnt (6!oZl of the principal amount of the Bonds to pay debt service on the Bonds to the extent other funds arc nut available therefor. Commencing August I. 1988 the Rescrvc Fund is required to be maintained in nn amount cyual to the maximum annual debt service on outstanding Bonds. The City has covenanted to institute foreclosure proceedings to sell any property with delinquent Special Taxes in order to obtain funds to pay debt service nn the Bonds. If foreclosure proceedings were ever instituted, any mortgage or deed of trust holder could. but would not be rcyuired to, advance the amount of the delinquent Special Taxes to protect its security' interest. Land Ueveopment :1s dis<uss'ed under the caption "The District" herein, several deveopment companies are developing land within the District Ucvclopment ma} be adversely affected b)' changes in general economic conditions. fluctuations in the real estate market and other similar factors. In addition, land development operations arc subject to comprehensive federate state and local regulations. Currently, there arc valid final or tontalive tract maps approved (or all the property in the District. There can be no assurance, however, that land development operations within the District will not be adversely alTected 6y future economic conditions or governmental policies or other (actors beyond control of the City. Development of land within the District is contingent upon construction or acyuisilion of major public improvements such as arterial streets, water distribution facilities, sewage collection and transmission facilities. gas, telephone and electrical facilities. parks and street lighting, as well as local imtract improvements. There can be no assurance that these improvements will be constructed. The rost of these public and private in-tract and olf-site improvements could incrcaso the public and private debt for which the land within the District is security'. This increased debt could reduce the ahility or desire of the property owners to pay the annual Special Taxes levied against their properly. See discussion under heading "Security for the Bonds Special Tax" herein. Property Ownership T'he ownership of land in the District is somewhat concentrated in that approximately fil% of the property in the District is currently owned by 17 property owners. Failure of these property owners to pay installments of lazes when due, combined with an insufficiency of amounts received by the Agency pursuant In the Loan and Pledge Agreement could result in the rapid Total deplrlion of the Rescrvc Fund prior to reimbursement from the resales of property or from dclinyucnt redemptions. In that event there could be a delay in payments of the principal of and interest on the Bonds. Benkruplcy The pa}'menl of properly owners' l;txes and the 'obit ily of the District to foreclose the lien of a dclinyucnt unpaid lax, as discusticd in the section herein emitted "SECGRTTY POR THE, BONDS;' may be limited by bankruptcy, insolvency, or other laws generally all'ecting credimr'x rights or by the laws of the Stale relating to judicial foreclosure. The various Icgal opinions to be delivered concurrently with the delivery of the Bonds (including Bond C'ounsel's approving legal opinion) will be qualified, as to the enforceability of the various legal instruments, by bankruptcy, reorganization, insolvency or other similar laws alTccting the rights of creditors generally. Ahhongh bankruptcy proceedings wrould not cause the coxes' to become extinguished, bankruptcy of a property' owner could result in a delay in prosecuting Superior Court foreclosure proceedings. Such delay could increase the likelihood of a delay or default in payment of the principal of and interest on the Donds and the possibility' of delinquent Special Tax installments not being paid in full. Agency Payments Tax Increment Revenues allocated to the Agency arc determined by the amount of incremenml taxable value in the Redevelopment Project Area and the current rate aI which property in the Project Area is' taxed. The reduction of taxable values of property in the Project Arca caused by economic (acwrs beyond the Agency's control, such as (i) a reduction in propery' values or in the Consumer Price Index, (ii) the complete or partial destruction of such properly or (iii) n reduction in tax rules in the Project Arca could cause a reduction in the Tax Increment Revenues that secure the Agcnc}'s obligations under the Loan and Pledge Agreement Such reduction o(Tax Incremem Revenues could have an adverse elTect on the Agency's ability to make timely pa}'ments under the Loan and Pledge A¢rccmcnt. The Agency's obligations under the Luan and Plcdgc ,Agreement are subordinate to certain outstanding obligations u( the Agency including the Tax Alloc;rtion Bonds. The r\genry may incur other obligations secured bo a pledge of Tax Increment Revenues senior tc or on a parity with the Agency's obligations under the Loan and Pledge Agreement but only to the extent that the Tax Increment Revenues expected to be available to discharge said obligations arc at least cyual to the amoum rcyuircd under the Luan and Pledge Agreement. JCDICIAL VALIUA'plOti On March 27, 1985, the City filed action in the Superior Court o(lhe Sutle of California in xnd (or the Counu' of San Bernardino Ie confirm the validity' of the issuance ohhe Donds and certain other issues. On Nay B, 1985, a hearing was held in the Court and a default judgment rendered which ronUincd tf:e fallowing findings of the Court: I. The City proceeded in accordance with the provisions o(the Mello-Rsws Community Facilities act in establishing the District and in authoriring the levy of the Special Tax and the issuance of the Bonds. 2. The Special Tax with when levied, <onstiune valid and binding special taxes of the District under the provisions of both the Act and Article XIIIA a( the State C'onslitution. t. The Bonds will, upon their salt and deliver}, atnslilutc n Icgxl, v;did and binding obligation of the Uistricl. y. The Tax Incremem Revenues received by the Agency do not con.aitute the "pnmeeds of tnxeti' within the meaning of Arliclc XIIIB a(lhe Stale Constilulion. Therefore, the Tax Increment Rcvcnucs arc not subject to the expenditure limitations of Article XIIID. S. Tltc Loan and Pledge Agreement creates a v:did and binding indebtedness of the Agency. 6. The contribution by the City of Tax Increment Rcvcnucs to pay bondod indebtedness of the District is autherived by and complies with the prervisiens of the r1cl. 7. Pursuant to State law, the judgment shall be forever binding and conclusive as to all matters adjudicated or which at the time could have been adjudicated against the City and against all other persons and the judgment shall permanently enjoin the institution by any person of xm action raising an} issue as to which the judgment is binding and conclusive. THF. RAN('IIO R4:D4:1'4;LOPM4;ti'1' PRO.I F,('1' The Rancho Redevelopment Plan was adopted by the Agency on December Ib, 19R1 b} Resolution RA 81-1y. The Redevelopment Plan was approved by the Cil}' Council by Ordinance No. IGG adopted on December 2J, 1981. The purpose of the plan is to eliminate existing conditions, including exposure w Dooding, causing a reduction or lack of proper utili r.+tien of land within the Project Area. Authority amt Management of the Redevebpmenl Agency The Agency was established pursuant to the Redevelopment Lax' x'hen the City Council adopted Ordinance Vo. 145 on May 20, 1981, activating the .4gcncy. Members of the Redevelopment :\Rency Board serve by virtue o(thelr election to the City Council. The current members of the City Council together with their ofFica and principal occupations ate as follows: Olfin Term Expire Orel Jon D. Mikels ................ Mayor il/20,86 Court Administrator Richard M. Dahl ........_. Mayor Pro Tem II/20%g6 Economic Development Coordinator Charles J. Buyuet, 11 .._ Councilmember I I/20/g6 Risk Management rlnah'a Jeffrey King ................... Councilmember II/20/f{g Attorney Pamela 1. Wright.......... Councilmember II/20/gg Schad Teacher By agreement, the City provides all 5tafi and administraticc service to the Agency. Lauren M. Wasserman. City Manager, is the Executive Director of the .4gencc. Jack Lam, who serves us the Community Development Director of the City scn'es as the Deputy Exennive Director of the .4gcncy. The Agency Treasurer. Harry' Empey, is the Finance Director of the Cit}. All other support stall also work for the City and include those services involving Planning and Engineering sections of the Communilv Development Department. Tax Irrerement Financing The Redcvclopment Law provides a means (or linancing redevelopment projcets based upon an allocation of taxes collected within a project area. The taxable valuation of a project area last cyualized prior to adoption of the redevelopment plan, or base roll. is established and. except (or an}' period during which the taxable valuation drops below the base year leech the taxing bodies theren(ler rmeive the taxes produced by the levy' of the then current tax rate upon the bast roll. Taxes collected upon an}' increase in taxable valuation over the base roll may 6e pledged 6} a redevelopment agency to the repayment o(any indebtedness incurred in financing or refinancing the project. Redcvclopment agencies themselves have no authority to Icvy property razes and must look specifically w the allocation of Ii1xC5 so produced. Property Tax Rete Limitations -Article XIII A Article XIIIA of the California Constitution limits the amount o(any ad vnlorcm lax on real properly' to I percent of the full cash value except that additional lazes ma} be Icvied to pay debt service on general obligation bonds approved by the voters prior to .luly I. 197g. Article XIIIA defines full c;tsh value to mean "the count} assessor's valuation of real property as shown on the 1975/7fi tax bill under 'full cash value', or lhereafter,ihe appraised value of real property when purchased, newly' constructed, or a change in ow nerzhip has occurred after the 1975 assessment". This full cash value ma} be increased at a rate nut to exceed 2 percent per year to account far inflation. Property Tax Collection Procedures In California, properly which is subject to ad valorem taxes is classiticd as "secured" or "unsecured". The secured classification includes property on which any property lax Icvied b} the county becomes n lien nn that property. A lax Icvied on unsecured property does not become a lien against the unsccurcd property but ma} become a lien on certain other property owned by the taxpayer. F.ven tux which becomes a lien on secured property has priority over all other liens, arising pursuant to Sta tc law, on the secured property, regardless of the time of the creation of other liens. Secured and unsccurcd properly are entered on separate parts of the assessment roll maintained h} the county assessor. The method o(collccting delinquent taxes is 5uh51nnlia lly dilTercnt for the two classifica- tions ofproperly. The taxing authority has (our ways o(collecling unsccurcd personal properly' lazes: (I) a civil action against the taxpayer, (2) filing a certilicxle in the olBce of the cnu my clerk specifying certain facts in order to obtain a judgment lien on certain property of the inxpxyce 131 filing a certificate of delinquency for record in the county recorder's office, in order to obtain a lien on certain property of the taxpayer; and (4) seizure and sale of personal property, improvements or possessor' interests belonging or assessed to the assessee. The exclusive means o(en(orcing the payment of delinquent taxes with respect to property on the secured toll is the sale of the property securing the taxes to the State for the amount of taxes which are delinquent. Commencing in 1982, a )09c penalty is added to delinquent lazes which have been levied with respect to property on the secured roll. In addition, property on the secured roll on which taxes are delinquent is sold to the Stale on or about July 30 of the fiscal year. Such property ma}' thereafter be redeemed by pay'meni of the delinquent taxes and a delinquency penalty, plus a redemption penalty of I'h? per month to the time of redemption. If taxes are unpaid for a period of five years or more, the property is deeded to the State and then is subject to sale by the county tan collector. A 10`k penalty also applies to delinquent taxes on properly on the unsecured roll, and further, an additional penalty of 1447r per month accrues with respect to such taxes b<ginning the first day' of the third month following the delinquency dart. Taxes on unsecured property are due March I and become delinquent August 31, and such razes arc Im~ied at the prior year's secured tax rate. The valuation of property' is generally determined as of March I each year and installments of taxes levied upon secured property become delinquent on the following December 10 and February 10. In 1983. the law was amended to provide for the supplemental assessment and taxation of property as of the occurrence o(a change of ownership or completion of new construction. TM1e Project Area The Rancho Redevelopment Project Area encompasses an irregularly bounded area of approximately 8500 acres mainly in the undeveloped area of the City. The northern portion of the Project Area contains boundaries of two planned communities: the Victoria Planned Community o(approximately 2150 acres, and the Terra Vista Planned Community of approximately 1321 acres. The Victoria Planned Community is being built by the William Lyon Company. The William Lyon Company has been building housing throughout California for about 30 years and sold over 2.200 units in 1984 with approximately 1,700 units in Southern California. The William Lyon Company has received or been allocated over 535,000.000 in 1983-85 mortgage revenue bond proceeds to develop the Victoria Planned Community. Mortgage interest rates available to qualifying homebuyers range from 10.07, to 11.1237 for fined rate, JO year loans. The Terra Vista Planned Community is under development by Lewis Homes of California, an active participant in the housing industry since 1955. As of December. 1983 the firm had built more than 20.000 single family' homes and over 2,200 rental units. The current dollar volume of the Lewis Homes group exceeds 51 billion. Lewis Ilomes has received or been allocated over 540,000,(1(10 in 1983-AS mortgage revenue bond proceeds to develop the Terra Visa Planned Community'. Currently, both the Victoria and Terra Vista Planned Communities nre largely undeveloped and carry Master Plans to be developed over the nett IS years, A summary of the proposed land uxc of rtch of these communities is described in the table below: TAB1.F, 3 Project Area land Use \'icmrir Tem Vina VN l,'r t_Me,ebped Ikrebped I,Mer<I Ikr<b Commercial..........,~ ..................................,....................... 3J5 0 235 0 Public Facilities (parks, schools and major roadxl ...... 500 RO 265 40 Residential ....................................................................... AJS 120 664 100 Total .................................................................. 1670 200 1164 140 Source: Redevelopment Agency of the City of Rancho Cucamonga The southern portion of the Project Area contains a portion v( the boundaries of an Industrial Specific Plan with an area totaling about 5,309 acres of which approximately 1,000 acres have been developed. This Specific Plan is an overall master plan for business, commercial. and industrial uses. Roughly 30Z of the area within the Plan is currenth~ developed with the remaining area planned for development during the next IS to 20 years. The Plan provides for approximately 1093 acres devoted to industrial park use for office, research and development activities, IR50 acres for general industrial uses. and 1212 acres for manufactur- ing industrial users. The remaining area within the Project boundary generally includes areas following the major cast/west arterial of Foothill Boulevard. Land uses within this area are largely devoted to commercial and office use with some scattered sites of vacant land. Based on the total assessed valuation of properties x'ithin the Project Area, as of July 19, 1963. the following is a listing of the ten largest property owners and corresponding assessed valuation of all their holdings: TABLF- 4 Project Area - M1lajor Properly Owners I. General Dvnamics ............................................... ..................................... 51?.161,227 2. R. C. Land Company ............................._........_. ._........_,....................,.. 11975.7ftU 3. Daon Construclion ............................................... ...........................__...... 11.097,99% 4. R. C. Industrial Co ............................................. ..................................~~~ 9.a-40.020 5. Frito-LaY Co ........................................................ ..................................... 9.I2%,512 6. Lewis Hontes .........................__........................... ..................___............. %.754.813 7. RC Associates II ................................._.............. ....,........................_...... 6.949,000 R. Foothill Associates ............................................... ..................................... 6.933.341 9. Cadillac/Fairvicw ................................................ .................~...,............... 5.6%4.000 10. James Barton ....................................................... ..................................... 5.193.742 Source Redevelopment Agency of the City of Rancho Cucamonga Agency Activities In addition to an extensive public improvement program. the Agency is inrextigadnq ways to assist private development of a major commercial center in overcoming ba triers to (orate development. The development of a major shopping scoter is planned for the location of Foothill Boulevard and I-I 5 F'recway. The Ernest Hahn Corporation. a partner in over 100 acres, has executed a Participation Agreement wish the Agency to begin construction on an approximntely one million square kx,t shopping center in 19%7. With the completion of both the public and private improvements pro)ccts, the Agcnry believes that barriers to (orate development will be greatly diminished within the Project .Area and that appropriate land use development will be able to occur according Iv the City's Genernl Phm and Master Plans. Approximmely 1.719 of the Project Arri s total 8,900 acres h:n~c been xmcd for residential uses. The Agcnc} expects that a total of 1,167 single family and 554 multi-(amity units will ultimately be completed within the Project Area. Perntanenl mortgage financing al 10 percent for approximately 500 residential units has been provided from the proceeds of the Agency's 83fi,200.000 Residential Mortgngc Revenue Bonds, I<xue of I9R3. A 1984 Rcsidcnlial Mortgage Rcvcnuc Bond Issue provided 521.375,000 al 11.123 percent for approximately 250 homes. The Agency also participated in a 1985 joint issue with the Covina-Rancho Cucamonga- Calexico-Downey Housing Finance Agency and will receive 5Q91 IOA00 al 10.9% (or npproximatcly 60 homes. 12 New Construction Aetirity The following table details the level of building permit activity within the Project Area for 1983, 1984 and the first five months of 1985. TABLE 5 Project Area Building Permit Activity 19aJ 19aa I5 ~~11 Commercial Square Fe<t ................................................................................ I,042,G75 1,813,127 1,472.810 Additional acreage under development (2) ............................. 21 Ruidcntial (unils) ......................................................................... 70 485 1J02 (I) Includes permits submitted, accepted or approved by May. 1985. (2) Indicates properties where square (Dotage figures were unavailable. Source: Rancho Cucamonga Community Development Department, May 1985 report. Historical and Projected Tax Increment Revenues Table 6 sets forth the taxable valuation and Taz Increment Revenues (or the Project Area for 1983/84 and 1984/85, and projects Tax Increment Revenues for 1985/86. Under the Loan and Pledge Agreement, the Agency is required to pay to the City in each Fiscal Year an amount equal to the greater of (a) an amount, which together with the estimated Special Tax Revenues in said Fiscal Year will equal ae least 110°,b of the debt service on the Bonds in said Fiscal Year, or (b) 5500,000. Pursuant to an agreement with the County o(San Bernardino, the Tax Increment Revenues which, in the absence of the Redevelopment Plan, would have been allocated to the County (approximately 25'7. of Gross Taz Increment Revenues), mull be used by the Agency to finance "Regional Facilities' which include but are not limited to the flood control improvements constituting the Project The Agency and the County have (urthcr agreed that approximately 42.7°k of the Tax Allocation Bond Debt Service is attributable to said Regional Facilities. The Agency intends to use the portion of 'fax Increment Revenues reserved for Regional Facilities which exceeds the Tax Allocation Bond debt service allocable to Regional Facilities (42.TAr) to make payments pursuant to the Loan and Pledge Agreement. However, the Agency's obligations under the Loan and Pledge Agreement are secured by an irrevocable pledge of and lien on all of the Surplus Tax Increment Revenues, not just the portion reserved for Regional Facilities. Payments made by the Agency pursuant to the Loan and Pledge Agreement arc subordinate to certain existing contractual obligations of the Agency and are payable from Tax Increment Revenues only to the extent such revenues are deemed "Surplus" under the Tan Allocation Bond Resolution. See "Security (or the Bonds - Tax Increment Revenues" above. 13 TABLE 6 RANCHO CUCAMONGA REDEVELOPMENT PROJECT Taxable Valuation nd Tax txcremeot Rerrnues TauMe 19a1/x1 19aJ/M 199x/84 VYrfiu A( ~I'i1M Few 1Rok t~ Total Assessed Valuation for Project Area ......... ..... 5574,889,291 b695,792,559 5799,610,840 Less: Bau Roll (I) ................................................ ..... (445,792,566) (454,708.417) (463,602,586) Incrcmcntal Valuation ........................................... ..... 129,096,725 241,084.142 335,806,254 Assumed Tax Ratc (2) .......................................... ..... 1.1114 1.0887 1.07 Gross Tax Increment Revenue (3) ....................... ..... 1.434,781 2,500.000(4) 3,422,474(4) Reserved for Regional Facilities ........................... ..... 347,650 605,754 829,271 42.7% of Nct T.A. Bond Debt Svc ...................... ..... - (326,289) (312,150) Balance Reserved for Regional Facilities ............. ..... 5 347,650 5 279,465 5 517,121 Surplus Tax Revenues (5) ..................................... ..... 5 871.912 5 755,099 S 1,348,796 (1) Based on an agreement between the Agency and the County dated February 21, 1982, the County's bast roll valuation increases by 2% per year over the 1980/81 Base Roll of 5445,792,566 beginning in the 1984/65 tax year. (2) The assumed tax rate (or 1984/85 is based on a weighted average of the 1984/85 tan rata for the largest taz code areas which compriu approximately 90% of the total assessed value of the Project Area. The 1985/86 tax rate assumes the decline in the average effective rate from 1984/85 to 1985/86 is approximately equal to the decline from 1983/R4 to 1984/85. (3) The Agency has executed agreements with various taxing entities for the establishment of special project funds which are drawn from the Tax Increment Revenues. In addition, the Agency maintains a low and moderate housing fund as required by the Redevelopment Law. See "Saurity (or the Bonds". (4) Net of an assumed delinquency rate of 4.75%. (5) Total available to diuharge Agency's obligations under the Loan and Pledge Agreement. See Table I on page 9. Source; Redevelopment Agency of the City of Rancho Cucamonga. 14 Table 7 sets forth the Agency's gcncral fund reserves for fiscal years 1981/82 to 1983/84: TABLE 7 RANCHO REDEVELOPM ENT PROJECT General Fund Resenes, Expelsdimr% & Fund Bnhncq l) 1%3/83 1%3/M 1961/8:ynr.1 1%S/851~Nre1) Revrnues Tax IncremcnL ...................... ........................ b757,487 E 1,434,781 52,500,000 S 3,5(N),Olq Investment Earnings .............. ........................ 22,602 241,784 300,000 85,000 Band & Loan Proceeds ......... ........................ 117,500 9,488,578(2) 0 0 Total Revenues ....... ........................ 5897,569 S 11,164,743 52,800,0(10 S 3,585,000 Expenditures Adm. Services ........................ ........................ E 42,751 b 9,947 E 50,000 S 400,921 Legal Services ........................ ........................ 11,371 25,697 25,000 45,1100 Contract Services ................... ........................ 17,500 118,382 45,000 85,000 Capital Projects........._ .......... ........................ 0 2,282,063 350,000 475,000 Debt Service ............................ ....................... 0 374,571 1,500,000 1,921,000 Pass Through Agreements ..... ....................... 40,105 _ 161,962 164,046 350,000 Total Expenditures .. ....................... 5111,727 E 2,972,622 52,134406 S 3,276,921 Ezcess ...................................... ....................... 785,R62 8,192,121 665,594 308,079 Beginning Fund Balance ........ ....................... 51,761 837,623 9,029,744 9,695,338 Ending Fund Balance(I) ........ ....................... 5837,623 E 9,029,744 59,695,338 510,003,417 (I) The fund balances do not reflect the Agency's Single-Family Mortgage Bond Program which is sponsored by the Agency but maintains its own program budget. (2) Include 52,000,000 in the form of a Cily loan with the balance from a 1984 Taz Allocation bond issue. Source: Redevelopment Agency of the City of Rancho Cucamonga I5 The Project THE COMMUNITY FACILITIES DISTRICT Day Creek Channel is a major flood control facility' which traverses undeveloped residential and industrial properties in the cities of Rancho Cucamonga and Ontario. The Project includes approximatel}' 10 miles of channel, three major retention basins, a debris dam and 14 channel crossings at railroads and roadways. The overall Project cost of all facilities in both cities is expected to total approximately S30 million. The Project is requited to free lands from flood hasard so as not to impede the process of development. Project funding will be achieved through a combination of redevelopment tax increment financing and the simultaneous formation of Mello- Roos community facilities districts in both cities. The Rancho Cucamonga Mello-Roos district totals 3,695 acres. Project costs are to be split between Rancho Cucamonga and Ontario in a manner proportionate to drainage areas and benefits received. On July 16, the City of Ontario sold aMello-Roos bond issue of SB million to provide funds (or its portion of the Project. Project Schedule The Project has been divided into Several phases to allow smaller contracts with the expectation of enhanang competitive bidding. The Ciq' of Ontario, in cooperation with the California Department of Transportation. has completed excavation of the Wineville and Riverside Rosins al the terminus of the Project These basins will serve to mitigate the impact of increased runoff due to development of the upper watershed. Ontario is currently soliciting bids for the construction of lower East Etiwanda Channel and making a needed connection to the Wineville Basin. Completion of the Day Creek Channel ilsel(between the Riverside and Wineville Basins in the City of Ontario well be coordinated with the construction schedule for portions of the Channel in Rancho Cucamonga. The channel and debris dam construction from the Wineville Basin to the foothills oRhe San Gabriel Mountains is currently under design by the Cily of Rancho Cucamonga and is scheduled to begin construction in the spring of 1986. The total construction has been broken into Ihree phases: Phue Arer InMOrN Stan or Comrrvxtian 1 Wineville Basin to Arrow Route May, 19&6 2 Arrow Route to Highland Avenue May, 1986 3 Highland Avenue to Debris Dam October, 1986 Project Cosl Estimate The total cost of the Project in bath cities is expected to approximate 528 million as shown below. TABLE 8 DAY-ETIWANDA CREEK IMPROVE:NENTS RANCHO C'UCAMONC.A AND ONTARIO Total System Construction & Engineering Costs by balk Cities Debris Basin (in S.B. County).....~ ............................... .................... S 2,375,000.00 DaY Creek (in S.B. County) ......................................... .................... fi,050.000.00 Day Creek (in Rancho Cucamonga)....._ ............. _..... .....,..........,... 5,191,000.00 Day Creek tin Ontariol ............................._................. .....,.......,..~... 5.009.000.00 Wineville Basin (in Ontario) ........................................ ..........._....... 3,030,000.00 Riverside Basin (in Riverside County) ........................ . _.......,.,....... 7,357,000.00 Etiwanda Channel tin Onlario)_.._ ...................._........ ..................,. 2,950.000.00 Total ........................................ ~..............,........ ................_,. 527.962.000.00 16 District Property Characteristics Based on the most recent assessor's information, the assessed valuation ofproperly within the District i5 E172.763,098. While the total number of properh' owners totals 858, ownership is dominated by seventeen corporations or partnerships chat currently hold approximately' 61 t of the land within the district. The proportion of the District owned by these major land owners is expected w decrease ns parcels are developed and sold to their ultimate users. TABLE 9 Mello-Roos District Major Property Ownersp i Total Pe¢rnuRe PerrenbR+ Auesua of Tottl Toul of soul Vo, of NRIX Valuation r'nluntion ArrenRe AnnRC P.rcels T:1MC0 ................................................. ............. E 21.095,158 12.2^ 30.12 L0: 1 RC Industrial ........................._........... _. ............. 17,750.539 10.3 69.32 2.0 14 RC Land Co......._......._ ........................ ............. 16.530,595 9.6 604.67 16.0 30 Kest Coast Liquidators ................._...... ............. 15,489.370 9.0 90.26 2.4 2 Ameron....._ ............................................ ............. 10.531,380 b.l 116.76 3.2 5 Foothill Asscrc .........................._....._._... ............. 10,530,355 b.l 363.16 9.9 26 Big Three Industries .............................. ............. 10,347,717 6.0 19.24 0.5 1 Etiwanda Im'.........._ .............................. ........__. 9,549,240 5.5 17 L57 4.6 1 RC Associates II ....................._............ ........_... ft,498,12R 5,0 53.72 L5 3 Melcal......_...._, .................................._.. ............. 4.940.000 2.9 9.79 0.3 1 Lewis Homes......_......_._ ....................... ............. 4,785.507 2.8 470.00 12.7 10 Rancho Inv ................................_........... ............. 3,760,932 2.2 95.41 2.6 4 Oltmans Construction ............................ ............. 3,350,441 2.0 7R.39 2.1 I I Schlosscr....._ .......................................... ............. 2,807,044 1.7 2lr.95 0.7 3 Weyerhaeuser Co ................................... ............. 2,117,788 11 9.31 0.3 I Tanner Land Co.. Inc ........................... ............. 1.696.96R I.0 41.21 I.I I R. J. Rcvnolds Tobacco Co .................. ............. 1.686.060 1.0 11.98 0.3 2 Total ......................_._............. ............. EI45,535.220 84.1 ~ 2.261.86 612'X II) Rased on the 19R5 Assessed Valuation. Sourer. Redevelopment Agency of the City of Rancho Cucamonga. As shown in Table 9 below, approzimately hal(of the McIIo~Roos Distric t area has been desig nated for industrial uxe with the remainder occupied primarily by portions of the Vict oria and Terra Vista planned communities. TABLE 10 Mello-Roos District Land Uses and Acreage INDUSTRIAL ..................................................................................................... ...... 1.990 acres (547,1 TERRA VISTA PLANNED COMMUN FfY; (ZONE B) Rcsidential ........................................................... ~......,..., ~...,,,,,.... ...... 470 acres f 137.) VICTORIA PLANNED COMMUNITY: Commercial ......................................................................................_...._....._.. ...... J45 acres 197•) Residential..._.........._ ......................................................................_............... ._... 790 acres (217) OTHER RESIDENTIAL ........................................._.._....._._.............,,...,,....,. ...... 100 acres (37r) J,G95 acres (1007.) Source: City of Ranchu Cucamonga 17 THE LOAN AND PLEDGE AGREEMENT On May i, 1983, the Citv and the Agency entered into the Loan and Pledge Agreement which found that the flood control improvements constituting the Project would be of benfit to the Redevelopment Project Area and agreed that a portion of the Agenc}''s Tan Increment Revenues should be pledged to ussis't in financing the Project. On April 4, 1964, the Loan and Pledge Agreement was supplemented by the City and the District to explicitly pledge the portion of Tax Increment Revenues reserved (or Rcglonal Facilities (within the meaning of the County Agreement) toward the financing of the Day and Etiwanda Geek Flood control facilities, including the Project being financed by the Bonds. On April 18, 19g41he City Council approved Ordinance No. 223 providing for n contribution from the Agency pursuant to the Loan and Pledge Agreement to be used to pay a portion of the costs of the District. The validation suit judgment of May' 8, 1965 found the Loan and Pledge Agreement to be a raid and binding indebtedness of the Agrncy. The judgment also determined that the pledge and appropriation of Tan Increment Revenues in the Loan and Pledge Agreement complied with applicable provisions nl' the Constitution, the Acl and the Redevelopment Law. Pledge of Tax Increment Revenues On August .1985 the Loan and Pledge Agrecmcnt was further supplemented to rcyuirc the Agency to pay the City in each Fiscal Year the greater of: (a) an amount, which together with the estimated Special Tax Rcvcnues in said F¢cnl Ycar, will equal al leas) I10°h. of the debt service due on the Bonds in said Fiscal Year; or (b) 5500,000, Th< unmated Special Tan Revenues in any Fiscal Year shall be set forth in a certibcale signed 6y' the City Manager. Such revenues shall be based upon the amount of the Special Taz Icvv in said Fiscal Ycur which has been approved by resolution of the City Council, as applied against the actual number of acres then in the Dlslrict which are subject to the Special Taz. An allowance shall be made for delinquent Special Taxes in an amount equal to the actual talc of delinquent Special Tazcs in the most recent Fiscal Year for which such data are available or, i(such data shall be unavailable, al a rate equal to the dclinyuenc} rate on secured ad valorem taxes on property within the Cily for the more recent Pineal Ycur (or which such data are available. The Loan and Pledge Agreement, as supplemented, also provides that the Agency sh:dl direct the Iiswl agent for the Taz Allocation Bonds to release Surplus Taz Revenues from the Tax Allocation Bnnd (ands us soon as possiSle consistent with the provisions of the Tax Allocation Bond Resolution and lu annually deposit with the Fiscal Agent for the Bonds the full amount required pursuant to the Loan and Pledge Agreement. Prior Irrdebtedness amt Additionnl Obligations The pledge of the Tex Increment Revenues securing the Agency's obligations under the Loan and Pledge Agreement is subordinate to the pledge of such rcvenuw securing the outstanding Tax Allocation Bonds. The Loan and Pledge Agreement provides that the Agency may incur additional obligations secured by a lien on Taz Increment Revenues, which lien is senior to or on a parity with the lien nn such rcvenucx contained in the Loan and Pledge Agreement, but only if the annual Taz Increment Rn~enuez available to discharge the Agency's annual obligations under the Loan and Plcdgc Agrecmcnt shall be calculated to equal at least the amount required thereunder. The Taz Increment Revenues available to discharge the Agency's obligations under the Loan and Pledge Agreement shall be set forth in n certificate signed by the Agency's Executive Uirectur or Deputy Executive Director and shall be based upon the moll recent assessed valuation of property xilhin the Project Arw furnished by the County. For the purpose o(dctermining available rm~enucs, the Agency s alla:ation of Tax Increment Revenues estimated in such certificate shall be reduced by an} amounts required to 6e set aside or used in accordance with the legal and contractual reyuiremen~s discussed above under "Security of the Bonds -Tax Incrcmcnt Rcvcnues:' Ig ESTIMATED TAX REVENUES ANU DEBT SERVICE The primary means of debt urvice payment are the proceeds of the Special Tax raised through a Special Tax on the DislricYs mxable acreage. These revenues will be supplemented with Tax Increment Revenues as set forth in the Loan and Pledge Agreement. The Resolution requires that the total of both sources equal 1109r of the annual debt service, In addition, it is anticipated that interest income on the Bond Reserve Fund will be available beginning in 1986. See "Security for the Bonds". 'fhe following table illustrates estimated Tax Revenues and Debt Service. The annual surplus indicates remaining funds that can be released to the City after the August I debt service payment. See "T'he Resolution". TABLE 11 City of Rancho Cucamonga Estimnted Ten Revenues and Debt Service (000'sl Y'or EMiK Lx forever Ietemt Pdncipl Amul Reuse Au r 1. Spezul Txz i 11 lerre~t 131 E>.rnd IJI PzywKnr Pzymenf SVNb FAA BzL (Q 1986 ................. ..... 1,193 500 28 L501 0 220 1,170 1987 ................. ..... 1,193 500 0 1.501 0 192 1,170 1986 ................. ..... 1,193 1,065 154 1,583 470 360 2,058 1989 ................. ..... 1.193 1,070 154 1.552 505 360 2,058 1990 ................. ..... 1,193 1.068 154 1,515 540 360 2,058 1991 ................. ..... 1,193 1,068 154 1,475 580 360 2,058 1992 ................. ..... 1,193 1,068 156 1,430 625 360 2,058 1993 ................. ..... 1,193 1,068 154 1.380 675 360 2,058 1994 ................. ..... 1,193 1,066 154 1,324 730 360 2,058 1995 ................. ..... 1,193 1,071 154 1,263 795 360 2,058 1996 ................. ..... 1,193 1,068 154 1.195 860 360 2,058 1997 ................. ..... 1.193 1,068 154 1,120 935 360 2,058 1998 ................. ..... 1,193 1,071 154 1.03A 1.020 360 2,058 1999..._....._.._. ..... 1,193 1,070 154 947 I,I10 360 2,058 2000 ................. ..... 1,193 1,070 154 847 1,210 360 2,058 2001 ................. ..... 1,193 1,068 154 735 1,320 360 2,058 2002................ ..... 1,193 1,071 154 613 1,445 360 2,058 2007 ................. ..... 1.193 IA66 154 479 1,575 3G0 2,058 2004............_... _._ 1.193 1,071 154 333 1,725 3G0 2,058 2005 ................. ..... 0 0 0 174 1,880 4 0 (I) The Special Tax Revenues (or the purpose of the table are assumed to remain constant at a rate of 5350 per acre per year times 3,576.56 taxable acres times 95.39n assumed collections. However, the Cily may levy a tax of up to 6550 per acre per year. (2) Pursuant to the Loan and Pledge Agreement, the Agency is required to pay to the City in each year the greater of (a) an amount which, together with the Spacial Tax Rcvcnue, will equal I10%r of the annual debt service or (b) 5500,000. _ (3) Estimated interest earned at an assumed annual rare of 7.57. on the Bond Payment Fund and, 1~ commencing in 1988, on the Reserve Fund. (4) Resen~e fund initially established at 6.57 of the principal amount of the Bonds. flared on the estimated revenues and expenditures shown above, it is expected that on August I, 1987, there will be sufficient amounts remaining in the Bond Payment Fund after the payment of the interest due on such dale to increase the Reserve Fund to an amount equal to maximum debt service. On August I, 1986, the Reserve Rcquircmcnt will become an amount equal to Maximum Annual Ucbt Scrvic. The Reserve ' Fund will 6e drawn dawn in the final year of the Bonds to cover debt service. 19 THE RESOLOTIOV The following is a summary of certain provisions of the Resolution and does not purport to be complete. Reference is hereby made to the Resolution for further information. Copies of the Resolution are availahle from the City upon request. Funds and Accounts The Resolution establishes the following funds and accounts: I. Both Reserve FurM. 1(the amount in the Reserve Fund is Icss than the Res'crvc Requirement linitially 6.5~ o(the principal amount o(the Bonds and, commencing August I, 1988, an amount equal to the maximum annual debt service on the Roods), then [he Reserve Fvnd shall be restored by the inclusion of a sufficient amount in the next annual Special Tax levy (subject to the maximum levy of $550 per acre per year) to replenish the Reserve Fund. 2. Bond Payment FurM. The following accounts have been esmblished within the Dond, Payment Fund; (a) Interest Account (b) Serial Bond Payment Account (c) Term Bond Sinking Fund Account (d) Holding Account 3. Community Facilities Improvement Fund. The moneys set aside and placed in the Improvement Fund shall be used for the purpose of the acquisition, construction and financing of the Project including reimbursement ofadvances to the Project by the City, and other costs of the Project including the expenses of issuing the Bonds. Upon completion of construction of the Project, any surplus remaining in the Improvement Fund shall be transferred to the Bond Payment Fund. y. Redempton Fund. The Improvement Fund will 6e held by the Treasurer of the City. The Bond Payment Fund, Reserve Fund and Redemption Fund are to be held by the Fiscal Agent. Disposition of Bord Proceeds The Fiscal Agent, on behalf of the District, shall receive the proceeds from the sale of the Bonds, upon the deliver}' of the Bonds to the purchasers thereof, and shall dispose of such proceeds and moneys as (ollaw's: 1. Deposit in the Interest Account o(the Bond Payment Fund an amount equal to the interes( on the Bonds coming due on February I, 19R6. 2. Deposit in the Reserve Account a sum equal l0 6.5x of the principal amount of the Bonds Qhe initial Reserve Requirement). 3. Transfer the balance of the proceeds to the Treasurer of the City (or deposit in the Improve- ment Fund. ESTIMATED DISPOSITIOti OF PRtx'EF,US' Principal Amoum of Bonds......._ .............................._....................,...................,,...... $18.000.000 Reserve Fund ......................_.......................................................,....................,...... 1.170.000 Interest Acceuntll) ............................................................................. .._..._.......__ 7$0.000 Costs of Issuance(2) ................................................................................................. Provision (or Bond DiswunL ................................................................................... Deposit to Improvement Fund ............................................................__.._................ $15.190.000 • Preliminary, subject to change. (I) Estimate based upon 6 months' interest at an average rote of N.33'z. (2) Includes Band Counsel fees, Oficial Statement and Bond printing costs, rating agency fees and other expenses related to the issuance of the Bonds. zB Bond Payment Furl Cash Flow From the proceeds of the Bonds, an amount equal to the interest due on February I, 1986 shall be deposited to the Interest Account of the Bond Payment Fund. Upon receipt by the City, Special Tax Revenues and Tax Increment Revenue received pursuant to the Loan and Pledge Agreement shall be transferred to [he Fiscal Agent for deposit in the Bond Payment Fund. Interest earned on amounts in the Bond Pavment Fund shall be retained therein until August I, 19g7. After the payment of deht service on each August 1, commencing August I. I9g7, the Fiscal Agent shall make the following transfers (listed in Order of pricrily) from amounts then on deposit in the Holding Account of the Rond Payment Fund: (I) Transfer to the Interest Account the amount, if any, by which (al 1107. of the interest due on the next February 1 exceeds (b) the eriimated Special Tax receipts to be received prior to the nezt Fcb:nary I. For the purpose of el'Imating such Special Tax receipts, the Fiscal Agent may rely upon a certificate signed by the City Manager. The Cily Manager's aslimale of the Special Tax receipts shall be based upon the amount of the Special Taz levy in said Fiscal Year approved by resolution o(lhe City Council, as applied against the actual number of acres then in the District which are subject to the Special Tax. An allowance shall be made for delinquent Special Taxes in an amount equal to the actual rate of delinquent Special Taxes in the most raxnt Fiscal Year for which such data are available oq i( such data shall he unavailable, at a rate egos{ to the delinquency race on secured ad valorem taxes on property within the Cilv for the most recent Fiscal Yur for which such data are available. (2) Transfer to the Reserve Fund the amount, if any, necessary to increase the Reserve Fund to an amount equal to the maximum annual debt urvice on outstanding Bonds. (3) Commencing August 1, 1988, any remaining amounts shall be released to the City for use (or any lawful purpose. Investment of Funds errd Accounb All money's held by the Fiscal Agent in any of the Funds or Accounts extablished pursuant Iu the Resolution shall be deposited or invested as permitted by law so as to obtain the highest yield which the Fiscal Agent or the City, each in Its sole discretion, deems practicable, having due regard (or the safely of such im'estment5. Such moneys shall be invested only in permitted investments as specified ir. the Resolu- tion. Such investments or deposits must mature or be payable, as the case may be, to coincide as nearly as practicable with the time al which such moneys will be required pursuam to the Resolution. Moneys in the Reserve Fund and in the Bond Payment Fund, including the Accounts created thereunder, may, and upon the written request of the City shall, be invested 6y the Fiscal Agent in Such permitted investments as directed 6y the Cily. Interest earned on the investment of moneys in the Reserve Fund shall be transferred to the Improvement Fund on August I of each year until construction of the Project has been wmpleled ar until August I, 19gg, whichever is earlier. Thereafter, monies in the Reserve Fund in excess of the Reserve Requirement shall be lmnsferrcd to the Bond Payment Fund an August I of each year. All interest earned on the investment of moneys in any other Fund or Account held by the Fiscal Agent or the Treasurer shall accrue le such Fund or Account and be disbursed in necordance with the description under "Bond Vaymenl Fund Cash Flow," above. Issuance of Parity 9onds If at any time the City determines it needs to do so, the City may provide for the issuance oL and sdl, Parity Bonds in such principal amounts as it estimates will be needed for such purposes, subject to the maximum amount of Bonds authorized by the voters which is 520.225.fH10. The issuance and sale o(any Parity Ronds shall be subject to the following conditions precedent (a) The Cily shall be in compliance with all covenants in the Resolution: 21 (b) A certificate of the City Manager demonstrating that the sum of (a) the Special Tax revenue based upon the Special Tax talc approved for the Fiscal Year in which debt service on the Parity Bonds will first come due, plus (b) the Tax Increment Revenues to lx received by the City pursuant to the Loan and Pledg< Agreement for said Fiscal Ycar will be at leas[ equal to I I O/r of the maximum annual debt service on all Bonds and the Parity Bands to 6e issued: and (c) The Parity Bonds shall be on such terms and conditions as may be set forth in a supplemental resolution, which shall provide for (i) bonds substantially in accordance with the Resolution. (ii) bonds maturing in such amounts and at such times as to provide level annual debt service with sinking fund redemption. (iii) such Parity Bands shall not have a final maturity prior to the final maturity of the Bonds, (iv) the deposit of a portico of the Parity' Bond proceeds into the Reserve Fund in an amount sufficient together with the balance of the Reserve Fund, to equal the Resen'e Requirement on all Bands including the Bonds and Parity Bonds. Coresunra of the District As long as the Bands are outstanding and unpaid, the District shall (through its proper members, officers, agtnts or employees) faithfully perform and abide by all of the covenants, undertakings and provisions contained in the Reoolution or in any Bond issued hereunder, including the following covenants for the benefit of the Bondholders. Covenant I. fast Foreclosure. Upon default of any Special Tax payment due, it will cause foreclosure proceedings to be brought within one hundred fitly (150) tlays of such default and thereafter diligently prosecul< to completion such proceedings. Covenant 2. Prorecrton of Seruriry and R(Rhra of Bondholders. The District covenants and agrees to preserve and protect the security of the Bonds and the rights of the Bondholders and to defend their rights under all claims and demands of all persons. Without limiting the generality of the foregoing, the District covenants and agrees to contest by court action or otherwise (a) the assertion of any ofTicer of any government unit or any other person whatsoever against the City that (i) the Act is unconstitutional or (ii) that the Special Tan is invalid or cannot be paid by the District (or the debt service on the Bonds, or (b) any oth<r action affecting the validity of the Bonds or diluting the security therefor, or (c) any assertion by the United States of America or any department or agency thereof or any other person that the interest received by the Bondholders is taxable under federal income tax laws. Covenant 3. Complete Prnjtrt The Dis[ncl cm'enanls and agrees that it will diligently carry out and continue to completion the construction of the Project. Covenant S. Nn Priori) Y. [zcepl as permitted in the Resolution, it will not issue any obligations. payable as to principal or interest superior to or on a parity' with the Brands. Notwithstanding the (ongoing. nothing in the Resolution shall prevent the District (i) from issuing refunding obligations payable from and having any lawful lien upon the Tax Increment Revenues, if such refunding obligations are issued for the purpose oL and arc sufficient for the purpose o(, refunding a!! of the outstanding bonds or authorized 6y the Resolution. Covenant 5. Punrrual Payment The District covenants and agrees that it will duly and punctually pay or rouse to be paid the principal n( an interest on each of the Bonds on the date, at the place and in the manner provided in the Bonds. Cm~enanl 6. Levy Spertal iax, The District will rwh year levy the Special Tax described in Ordinance No. 263 to the extent necessary and permi« ed by the Act and the Resolution in order to yield the requirtd debt service payments and to replenish the Reserve Fund. Covenant 7. Use of Proceeds. The District ca~enants and agrees that the proceeds of the sale of the Bonds will be deposited and used as provided in the Resolution and that the District will make nu use of the proceeds, which will cause the Bonds to he "arbitrage bonds" subject to Federal income taxation. Covenant 8. Books and Arrountr: Finanrial Smtementr. 't'he District covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (separate from aII other 22 rewrds and acounts) in which complete and accurate entries shall be mad<of all transactions relating to the Distrut and the Special Tax Revenua and other funds relating to the Projec4 and will prepare within I20 days after the close of each of its Fiscal Years a complete financial statement or statements for such year in reasonable detail covering the District, the Special Tax Revenues and other funds. Asneodment of the Resolution The Ruolution may be modified or amended without the consent of Bondholders if such action is not inconsistent with the Resolution and is for certain purposes which do not impair the rights of Bondholders, as further described in the Resolution. For any other purpose, the Resolution may be modified or amended Doty with the consent of the holders of 60 percent of all Bonds then outstanding (exclusive of Bonds owned by the City or the Agency). No modification or amendment will extend the maturity, reduce the interest rate or principal amount payable, reduce the percentage of consent required for amendment or create a mortgage pledge or lien upon the Special Tax Revenua or Pledged Tax Revenues superior to or on a parity with the pledge and lien created for the Bonds, except as provided in the Resolution or in the Loan and Pledge Agreement, without the express wnsent of all the aMeeted Bondholders. Ertm of Default end Bondholder Remedies The Resolutien dwlares each of the following events to 6e an event of dcfaulC 1. Failure to pay the principal on the Bonds when due and payable. 2. Failure to pay interest on the Bonds when due and payable. 3. Default by the City in the performance or observance of any of the covenants, agreements or conditions in the Bonds or in the Ruolution i(such default continues (or thirty (30) days after written notice therwf has been given to the City by the Fiscal Agent. 4. Certain events concerning the bankruptcy or reorganization of the City. In [he case o(an event o(defaul4 the Fiscal Agem may. and upon written requut of the holders of not less than 50 percent in aggregate principal amount of the Bonds at the time outstanding must, dwlare the principal of all the Bonds then outstanding and the interest thereon to be due and payable immedlatdy. Any Bondholder has the right o(mandamus or other appropriate remedy to compel the performance by the City in compliance with the terms of the Ruolution and the Act. The Resolution provides that no remedy conferred therein upon the Fiscal Agent or the Bondholdeu shall be exclusive o(any other remedy, and that each and every remedy shall be cumulative and shall be in addition to every other remedy given under the Ruolution or thereafter conferred upon the Fiscal Agent or Aondholders. However, the eRect of any such remedies may be limited by the laws of the State of California aRwting such remediu and may also be limited by Taws governing enforcement of creditors' rights. ABSENCE OF LITIGATION At the time or delivery of and payment for the Rands, the City will certify that there is no action, suit, proceeding, inquiry or inve.Aigation, at law or inequity, before or 6y any court or regulatory agency, against the City affecting their existence or the titles of their rexpective oBices or seeking to retrain or to enjoin the sale or delivery of the Ronds, the application of the proceeds therco(in accordance with the Resolution, or in any way contusing or aReeting the validity or enforceability of the Ronds, the Resoluion or any action of the City contemplated by any o(said documents, or in any way contesting the completeness or accuracy of this OlRcial Statement or any amendment or supplement thereto, or contesting the powers o(the City or its authority with respect to the Bonds or any action of the City contemplated by any of said documents, nor, to the knowledge of the City, is there any basis therefor. 23 RATINGS Standard & Paor's Corporation will assign the Bands a credit rating of "AAA" conditioned on the issuance by USF&G, at the time of delivery of the Bonds, of its financial guaranty bond insuring the timely payment of the principal of and interest on the Bonds when Due for Payment (as defined therein) but unpaid by reason o(Nonpayment (as defined 6y the Issuer). See Appendix B. There is no assurance that any credit rating given to the Bonds will be maintained (or any period o(time or that the rating may not be lowered or withdrawn entirely by such rating agency if, in its judgment, circumstances so warrant. The Agency undertakes no responsibility either to bring to the attention o(owners of the Bonds an} downward revision or withdrawal of any rating obtained or to oppose any such revision or withdrawal Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the Bonds. TAX EXEMPT STATE'S In the opinion of Bond Counsel, under existing laws, regulations, rulings and court decisions, interest on the Bonds is exempt from income taxation by the United States of America and from personal income taxation imposed by the Stale of California. LEGAL OPINION The unqualificA legal opinion of F. Mackenzie Brown, Inc., Rancho Santa Fe, California, Bond Counsel, approving the validity of the Bonds, will be made available to purchasers a! the time of original delivery of the Bands, and a copy thereof will hu printed on each Bond. Fees payable to Bond Counsel are contingent upon the delivery of the Bonds. UNDERWRITING The Bonds will be purchased by Stone & Youngberg as underwriter Ohe "Underwriter"), under a Purchase Contract dated , 1985 (the "Purchase Contract"), pursuant to which the Underv writer agrees to purchase all of the Bonds for an aggregate purchase price of E plus accrued interest from August I, I98$ to the delivery date thereof. The initial public offering prices stated on the cover of this Official Statement may be changed from lime to lime by the Underwriter. Th< Underwriter may offer and sell the Bonds le certain dealers (including dealers depositing Bonds into investment trusts), dealer banks, banks acting as agents and others at prices lower than said public offering pricu. MISCELLANEOUS Insofar as any statements made in this Official Statement involve matters of opinion or of estimates, whether or not expressly stated, they are set forth as such and nn; as representations of (act. No representation is made that any o(such statements made will be realized. Neither this Official Statement nor any statement which may have been made verbally or in writing is to be construed as a contract with Bondholders. The execution and delivery of this 6Teiai SWtemem bavc been duiy authorized by the City. CITY OF RANCHO CUCAMONGA By 24 APPENUIx A CITY GENERAL INFORMATION AND E('ONOMI(5 PART ONE: ECONOMIC AND GENERAL INFORMATION Information contained in Appendix A is presented as ¢eneml back¢round data. The Roods arc payable solely from the proceeds of Special Taz revenues. Taz Increment Revenues and other sources as described herein. The taxing power of the City of Rancho Cucamonga, the Stec of California or any political subdivision thereof is not pledged to the payment of the Bonds. Sce "The Bonds" (or a description of the security for the Bands. Location The Cily of Rancho Cucamonga is located in the foothills of the I-os Angeles-San Bernardino Basin in the x'estern portion of San Bernardino County, approximately 40 miles east o(Jowmown Los Angeles and 120 miles north of San Diego. The City covers about 34.3 square miles and is bordered by Ontario on [hc south, Upland on the west and Fontana on the cast; to the north are Cucamonga Ptak and )fount B;dd}'. Elevation in the City ranges from I,O50 to 2,400 feet above sea level. Climate The City enjoys mediterraneamty'pe sun-bell weather with warm snmmca and mild x'intcrz. Ycar- round temperatures average front a lanuar}' minimum of 46 degrees to a July minimum of 95 degrees. The average yearly rainfall of 15-21 inches occurs predominantly during the winter months. Humidity is fain}' constant throughout the year at 60 ~. Prevailing winds are from the southwest averaging g-IU miles per hour. Municipal Goremment Rancho Cucamonga was incorporated as a general law city in ~'ovember 1977 in order to aliurd greater local control in the (ace of extremely rapid population growth. ACouncil-Manager (non of municipal government is utilized. Five council members, including the Mayor, appoint the City Manager m administer day-to-day affairs under the policy guidelines of the City Council. As of April. 19g5 the Cit} had approximately 100 full lime employees. 40 pan-time employees and an annual budget of uDprozimalcl} 520.9 million. The City has a contract with the San Bernardino C'.ounty' Sheriff s Dcpanmem to provide police services. The farce operates out of a temporary sub-station in the City. Land has been purchased for a new sub-station. Fire protection and rescue service ix provided for Rancho Cucamonga and surrounding Wrens by the Foothill Fire Protection District. Vnpulation The 19g5 population of Rancho Cucamonga is estimated (n be Gspgp. The Cil} has experienced rapid growth over the past decade; population more than doubled between 1970 and 1980. Since 19g0, the Cit}'s population has increased at an average annual rate of approximately 3.74. A-I TABLE A-1 CITY AND COUNTY POPULATION UAT.4 Year Rancho Cunmor,p County of San BerruNiiw 196011) ........................................ .................................... 10.780 503.591 1970(1) ........................................ .................................... 19.484 682,233 1980(I) ........................................ .................................... 55.250 895.016 1985(2) ........................................ .................................._ 65AR0 1083.771 II) l;.S. Census Bureau. (2) State Department of Finanec. tend Use In April 198 I, otter three and one hat(years of study and review, the Citc adopted a comprehensive General Plan, which has designated 529. of the Cily for residential use, 6Z far commercial use, 227r for industrial use, I1$ for public~inslilulional use and 9%r for open space. Recognizing the importance of industrial growth, the City also adopted an industrial area Specific Plan in August 1981. A Specific Plan for a major new 2,150 acre residential and regional shopping area known a5 the Victoria Planned Community. has been developed and adopted by the City. A third Specific Plan, Terra Vista Planned Community, has been adopted which includes 1,321 acres. The Terra Vista development will include commercial and residential land uses as well as a community park and school (aeilities. In addition, the Cil} has' formed a Redevelopment Agency t0 carry out needed redevelopment projects. Currently, Rancho Cucamonga is approximately 40`4 developed. Its General and Specific Plans recognize that growth in the Los Angeles area is shifting from the now saturated south (Orange Courtly) eastward to San Bernardino County. Employment The City of Rancho Cucamonga is included in the Riverside-San Bernardino-Ontario Standard Metropolitan Statistical Area which comprises all of San Bernardino and Riverside Counties The civilian labor force, employment and unemployment (or the Riverside-San Bernardino-Ontario SMSA is outlined in the following table: TABLE A-2 RIVERSIDE•SAN BERNARDINO-ONTARIO SMSA CIVILIAN LABOR FORCE, EMPLOYMENT AND UNEMPLOYMEN'E Iibm t'rremgaYmmr i'urce EmolaYmmt t'nemgoYmenl Rere 1979 .............................. ................... 581.700 543.500 78.200 6.6ir 1980 .............................. ................... 586,200 541.500 44.700 7.6 1981 .............................. ................... 604.40f1 881,700 50.700 8.4 1982 .............................. ....._...... ..... 636,200 558.800 77,100 12.2 1987 ............................. ................... 642.500 572,600 69,900 10.9 1984._ ........................... ................... 665.600 608.250 57.400 R.fi 1985(I) .................~....... ................... 67A.000 631.600 46A00 fi.R (I) 1985 figures for month of May only. Source. State of California, Employment Ucvclopmcnt A-2 the following table lists the annual average number of rage and salary employees by industry in Riverside and San Bernardino Counties: 'TABLE A-3 WAGE AND SALARY Eh1PLOYVfENT RIVERSIDE-SAN BERNARDIN0.ONTARIO SMSA 1981-1984 Agriculture .................................................. Nonagricultural industries .......................... hf a nu factoring ......................................... Durable goods ...................................... Nonmanu(acturing .................................. Mining .................................................. Transportation & Public Utility........ Trade .................................................... Wholesale Trade .............................. Retail Trade ..................................... Finance. Insurance & Real Estate.... Services ................................................ Government .......................................... All Industries -- Total ............................... Annml AvrnBrnh 1981 1981 1981 1981 ............. 20.600 ?1.500 22,700 22.500 ............. 437,900 431,800 472,200 445.000 ............. 63.900 59.100 57,100 60,400 46.100 al.7oo 39,700 az.ooo ............. 373.900 172.800 775,100 384,600 ............. 2.100 1600 800 ft00 ._.......... ?3.100 19,700 19,500 21.100 ............. 25,800 25A00 25.'_00 26,100 ............. 108,200 I Oft,500 109,800 I 12.700 . _.......... 15.800 15,700 16,000 16,600 ............. 92.400 92.800 93,800 96.100 ............. 19,500 19,100 18,900 19,N 00 ............. 93,fi00 96.800 99,400 102,200 ............. I O 1.600 101.700 101, 500 101.800 ............. 458,500 453.400 454,500 467,500 (I) May not add to totals due to rounding. Source: State of California, Employment Development Department. Mnnufnctudng Employment There are nearly 300 manufacturing plants Ixated in Rancho Cucamonga. As u( December I9R4, the largest manufacturing firms in the City were: 'FABLE A-4 LARGEST MANUFACTCRING FIRS15 Seme of Cgn9~nY Fmgoyr~ Product General Dynamics ...................... ................... Over 1,000 Tactical xca ponry United Flag Processing ._. ......... ................... Over 1,000 Recycling Slecl Klondike (Pacific) Corporation . ................... 500-1,000 Mfg. Ice Cream Pnalucts Pic'N' Save ............................... ................... 500-1000 Retail Wheat Motor Company ............ ................... 500-1,000 Recreational Vehicles Inspiron ....................................... ................... 250-500 Medirnl products Ameron Steel & Wire ............... ................... 25ry500 Rebar, coil mesh, wire Frito Lay .................................... .....~~............ 250-500 Snack FIxNl.9 National Can............_..._..... _.... ..._.........._.. 250.500 Lithographed mchd and can components Safetran Systems ....................... ................... 2t0-500 Electronic railroad signals and communication equipment Data Design LnWratories,,,,,,,,, ,,,,,,,,,,,,,,,,,,, 250-500 Life support x_vslemx, Scuba and medical apparatus Tamco ........................................ __..........._... 250-500 Steel and wire products Source: Rancho Cucamonga Chamber of Commerce. A-3 Non-Manufacturing Employment As of December 1984, the largest non-manufacturing employers were: TABLE A-5 LARGEST NON-MANUFACI'U'~RING FIRMS W me of Empbyer EmpbYees Type or Bmi=s Ontario International Airport ............ ......... Over L000 Fixed Base Operators. Airport Services Rancho Cucamonga Schools ............... ......... 900-1000 Education ChatTcy College .................................... ......... 700-800 Education Quali[g Farms ...................................... ......... 150 Ego processing Sunshine Farms .................................... ......... 125 Egg processing City of Rancho Cucamonga ............... ......... Over 100 Government Source: Rancho Cucamonga Chamber of Commerce Commercial Activity In 1984, taxable transactions for retail stores increased by 17.1 percent, and total taxable transactions increased by 14.4 percent from their 1987 levels. A 5-year summary of taxable transactions in the City is shown in the following (able. TABLE A-6 CITY OF RANCHO CUCAMONGA VALUATION OF TAXABLE TRANSACTIONS (in thousands of dollars) NAeil Sores uo or LuDk Yor Pennb Tnwrtiom 1980 ........................................ ................................ 259 5 74.687 19N1 ........................................ ................................ 279 87.820 1982 ........................................ ................................ 304 108.269 19N3 ................................ ~....... ...........................,.... 305 119.744 1984........_........._ .............._... .............__..._.......... J13 140,278 Source. State Board of F,qunlization Told All (Mkn M1a. of Lxe4k Permib Tnmeatiwm 947 5129,497 1,073 159,093 1,202 IN2,356 L230 189,300 IJJ9 216.695 A~4 Construction The following table summarizes annual huilding permits valuation fur the Cily from 1981 through April 1985: TABLE A-7 CITY OF RANCHO COCA VIONGA RUII,DINf. PERMIT V'ALCATIOS tin Thousands of dalla rsi 19X1 59R2 19X.1 19X3 1985• Residential New single dwelling .................... ._.......................... 311.733 5 9,IOa S 31.991 5107,x70 352360 Sea multi dwelling ..................... ............................. 6.x25 3.X53 '_.406 37,015 4.989 Additions. aherations ............. _... ..................__....... 1175 Lri0) 1,303 579? 1,1%2 Total Residential ................. ............................. 19.433 13.7fi0 3i.i01 1x0.227 59,131 Non Residential Nex' commercial......._. ................ ............................. 10360 lab x3.830 5,5aa 17.935 Nex' industrial ............................. ............................. x.01% 4,%II 21 A23 33153 11.511 Other ..................................__...... ............................. 5A43 3.535 11aa i,a71 2.1x8 Additions, alterations .................. ............................. 906 _ 2.339 5.%66 3,336 3.023 Total Son-Residential ......... ............................. ?0,727 11,131 72163 45,fi04 ?a.(+i7 Total Valuation .................... ............................. 340.161 32fi_I91 310%,064 SB5.ri31 593,73% Number of New Dwelling Units Single Uwclling ........................... ._.......................... 141 130 530 L}OR LI 17 Multi Dwelling ............................ ............................. 200 117 4= %82 260 Total Units ........................... ............................. 341 247 575 2.190 1177 • Through May, 1985 Source. Building and Safety Division. Cit} of Rancho Cucamonga. Public Ctilities Water is supplied to the City by fucanumga County Mater District. Industrial waste and sewer service arc furnished by the Chino Basin Municipal Water DlSlrlel. F.lectriciry' is supplied b} Southern Cal ifurnia Edison Company. Natural gas is provided by Southern California (ias Company' and telephone service is supplied by General Telephone Company of California, Transportation The San Bernardino Freeway (Interstate 10) runs just south of the city limits and links Los Angeles Count} to San Bernardino and Riverside Counlles. Interstate IS (Devore Frccw a}) runs north~toulh through the eastern part of the City and links Rancho Cucamonga to Las Vegas and San Diego. Ontario International Airport located adjacent to the southern City limit, prm~ides air cargo and passenger flight service, as does Los Angeles International Airport, Burbank-Cilendele-Pasadena Airport, Long Beach International Airport and Orange County Airfxlrt which arc all Icss than 50 miles from the City. The Ontario International Airport is served by 14 commercial airlines and has recently completed a major ezpansion including the building of a new runway to handle wide body jet aircraft. Bus vansportation is prm~ided by Greyhound and Cominemul 'IYailways (or trnnscontinenml service. Omni-trans provides inlercounly' and local service. Uial-A-Ride and Para-Transit prm'ide service to the elderly and handicapped. Passenger railroad service is provided b}' Amtrak, and freight railroad service is supplied by the Onion Pacific, Southern Pacific and the Atchison, Topeka & Santa f'c Railroads. Secerd trucking lines have terminals in the area which prnvlde daily' scheduled service hl trmscominen4d ptims. The nearest deep water port facilities arc located about 50 mdcs (mm the City at the Los Angclcs and Long Reach harbors. A-5 PART TWO: CFCY FINANCIAL INFORh1A'1'ION Financial Sla(emenLs The table below shows General Fund revenues and expendilure5 for the last three years. Ov er the three }ears shown, revenues have grown at an average talc of 17`k while expenditures h:rve increased at a rate of 13.42. TABLE A-8 CRY OF RANCHO CUCAMONCA GENERAL FUND REVENUES, EXPENDITliRES AND FUND BALANCES rust-s2 1982-8J 19n}a~ Genenl Revenues: Taxes ....................................................................................... S 3.320,509 S J.Sfi8,810 53,962,324 Licenses and Permits ............................................................. 474.793 655,278 1.302,362 Lines and Forfeits .................................................................. 7,485 17,1 I0 13,563 Use of Money and Property ................................................. 452,904 366.171 368,635 1 ntergovernmentaL ................................................................. I , 146,894 1,093.106 1.136,625 Charges (or Services .............................................................. 606.805 720,474 1,376,563 Othcr ....................................................................................... E 5,297 S 128.408 S 30,281 TOTAI. REVENUES ................................................... S 6,014,687 E 6,549,357 58,190,355 Expenditures: General Governmenl .............................................................. Public Safety ........................................................_................ Community Development ...................................................... Community Scrviccs .............................................................. Total Expenditures ......................................................... Excess n( Revenues Over (Under) Expenditures ................ Other Financing Sources (Uses) Operating Transfers In ........................._............................... Operating Transfers Out .........................~............................. Excess of Revenues/Other Sources over Expenditures/Other Sources ............................................. Fund Balances Beginning of Fiscal Year (as originally reported) .............. Rcvatemen L ..................................................... _................ Reserves and Residual Equity Trans(crs ............................ Add Excess of Revenue and other Sources over F.xpenditu res ...................................................................... End of Fiscal Year ....................................................................... E 1.319.250 E 1,718,618 51,814,653 2,413,992 2.671.001 2.922,292 2,080,273 2.233,542 2,742,890 209,393 203,416 259,042 E 6,022,908 S 6,786,577 57,738,877 E (8,221) S (237,220) S 451,478 1,014,362 E 789,724 b 430,498 5(1,265,071) E (196,061) - 5 (258.930) S 356,443 E 881,976 5 1,322,182 S 3.411.768 53,976.612 (I 18,207) S (397,359) (258,930) 356,443 881,976 5 665,981 5 3,768,211 54,740,781 Source: City of Rancho Cucamonga Audited Financial Statements A-fi the following table presents the City's General Fund Balance Sheet for the Iasi three years. TABLE A-9 CITY OF RANCHO CUCAM1IONGA GeMral Fund Baance Sbeeq Jurre 30 ASSET S 1983 198] 1984 Cash ............................................... ........................................... 53.066.570 53.102.313 52.441,369 Receivables Taxes ......................................... ........................................... 221.62? 182.254 Accounts and notes .................. ........................................... I88g40 14,281 14.557 Accrued inlerest ....................._. ................................._........ 35,012 10,900 39,425 Due from other funds .................. ........................................... 195,815 290.605 359,75) Due from retlevelopment agency . ........................................... 120,000 220,000 2,000,1100 Total ............................... ........................................... 53.604.8)7 51.859.722 85.037.358 LIABILITIES Accounts payable ......................... ........................................... 5 116,341 S 55,503 S 109,918 Accrued paYroll ............................ ........................................... 61.519 1,702 39.512 Contracts payable ......................... ........................................... 17,159 12,141 147,547 Due to other tunds ....................... ........................................... 22,165 Total Liabilities .................... ........................................... 5 195,069 5 91,511 5 296,977 FUND EQUITY Fund Balances Reserved(I) ............................... ........................................... 83.898.442 Reserves ..................................... ...............~..................... _.... 52725.509 52.126,509 0 Lncumbrances ........................... ........................................... 19)66 57.082 189.913 Unreserved/Undesignated ........ ........................................... 555,891 1,574,620 651.976 Total Fund Equity ................ ......................_..........,........ 53.411,768 53,768,211 84,740,781 Total Liabilities and Fu nd Equity .......................... 53,606,817 53,859,722 55,037,358 (I) Reserved Fund Equity in 1984 includes a 82,0(10,000 loan to the Redevelopment Agency and 51.898.492 restricted for specified purposes by the City. Source: City of Rancho Cucamonga Audited Financial Statements. A-7 Direct amt Orerlapping Debt Table A-10 shows the City s direct and overlappin8 bonded debt and debt ratios as of J uly I. 1985. TABLE A-10 CITY OF R.4NCH0 CUCA11ONG.4 DIRECT AND OVERLAPPING BONDED DEBT 1984.85 Assessed Valuation: 52,004.404,301 (after deducting 5?46,745,707 redavclopment t ax allocation inttcmenU DirM eM Uerleppine Bonded Debt; '4 Apgicrble Debt '! 1 85 San Bernardino County Buildin8 Authorities .................._..............._....., 7,600'Z S 9.402.826(1) San Bernardino Count)' Frec Libra.) Authority ................_........,........... 10.569 ft2.966 Metropolitan Water District .................................................................._... 0.516 2.824.774 Chino Basin Municipal Water DislricL ..................................................... 217.018 1,707.535 Chino Basin Municipal Water District ,,4uthority............_...,......._......... '0.018 32,0'8 Fomnna Cnified School District ............................................... ................. 0.490 LR77 ChaBey Jt. Gnion High School District .................................................... 28.805 208.876 .Alta Loma School District ................................................ ......................... 99.374 5,046,167 Central School Districl ............._,........._.......~..._..,.........................,,.......... 98.420 2.573.683 Cucamonga School District ..................._.........,.._........................._.......... 72.544 874,155 Upland School Distritt ..........................................._...................,...........,... 0.348 957 Cucamon8a County Water District (Various issues)......,...._ .................. 88.199-88.285 1.468,710 Cucamonga Count}' Water District, LD. t196J-L .................................. 93,97] 737,688 Cucamonga Coumy W'a(cr District. LD. r2 ................. .......................... 100. 100,000 Cucamonga Coumy Water District, LD. ~5 ............................................ 94.21 I 6,64),875 City of Rancho Cucamon8a ..................................................... ................. 100. ._ Cnv of Rancho Cucamon8a 1915 Aci Bonds .................................,........ 100. 10,378,512 Total Gross Direct and Overlapping Bonded Debt........_ ..................... 542,082,149 Less. City of San Bernardino Water System Acquisition Certificates of Participation (100'%r self-supporting)......... 770.640 Cucamonga Count} Water Disvict, Lp. x2 (100 selbsupporting)....._ ................................................_ 100000 Total Net Direct and Overiappin8 Bonded Debt .................................. 541,211.509 (I) Includes <artlficatas of participation. Ratios to Assessed Valuation: Direct Debt _......,._............ .._7r Total Gross Debt ............... 2,10'7. Total Net Debt .................. 2.06% Share of Autlrori:ed and Unsold Bonds: Metropolitan Water District ................. 51,367,400 Alta 4.oma School District ................... 57544.417 Cucamonga Schnol District .................. S 408,668 State School Schnnl Building Aid Repayable as nt June J0, 1984: 512.714.177 A-A Assessed ValuP(ions Table A-I I shows a four year history of Rancho Cucamonga's assessed valuation. Orer these (our years, the City's assessed valuation has increased at an average rate of uppro ximatclp 9"i . TABLE A-11 CITY OF RANCHO C'CCAb1ONGA AssessM Valuations fll slue. fiscd Reimbursable P<rcenbl:e year Secured PabHe Usiliry Cm«urM F.xemPliom Total Increase 1981/62........... $1,324,275,562 $180,684,130 $ 86.137.525 $82,426,620 $1,67 i,s19 .837 1982/83........... 1,523,225.354 206,038,470 101,539,568 83,043A07 1,913,846 .799 I2.K: 1983/84........... 1,576,824,074 234,114,260 118,960.015 83,443.173 ?.013.341 522 51 1984j85.....,..... 1,806,970,626 208,027.560 112.420,166 85.013,309 2 ?I2A?7 .861 9.9 (I I Assessed Valuations are before deducting redevelopment tax allocation ineremenl5, the tares on which accrue to the Redevelopment Agency. Source: California Municipal Statistics, Inc. A-9 [THIS PAGE INTENTIONALLY LEFT BLANKJ APPENDIX B BOND INSURANCE United States Fidelity and Guaranty Company (l7SF&G Company] has issued its financial guaranty bond which provides for the prompt payment of principal and Interest on the Insured Bonds when due (excluding accelerated redemptions) to the extent that the paying agent has not received suBicient funds From the bond issuer. For specific information on the coverage provided by USF&G Company reference should be made to the teal of the financial guaranty bond which has been reproduced in its entirety in this Appendix. USF&G Company is a wholly owned subsidiary of [75F&G Corporation. In 1983, USF&G Company ranked 12th in net premiums written among property/casualty insurers in the United States. As of Decemuer 31. 1984, USF&G Company had 5653 million in statutory capital and surplus. Interested parties should ref<r to the financial statement in this Appendix for more detailed financial information on USF&G Company, The financial information on USF&G Company set forth in this Appendix is unaudited, was prepared in accordance with statutory insurance acrounting principles and was certified by officers o(the company as a t~lh trot and correct statement of Assets and Liabilities as of December 31, 1984. USF&G Company makes nu representation about the contents of the Official Statement, the Insured Bonds or the advisability of investing in the Insured Bonds. USF&G Company's role is limited to providing its financial guaranty bond in the (orm s<t forth in this Appendix. Fur a description of the Insured Bonds, which maybe Icas than all of the bonds described in the Official Statement, reference should be made to the Official Statement. B-I UNITED STATES FIDELITY AND GUARANTY CO\IPASY 100 Light Street, Baltimore, ~1D 21202 (3011 547-3000 FINANCIAL. Gl'ARANTI' ROND Issuer: Hoed Numbor: Obligations: Premium' l,'niled States Fidelity and Guamnn' Company ("L'SF&(i"), a corporation organi>ed under the laws of 1lanland, inconsideration of the premium paid or directed to be paid and subject to the terms of this Bond. hereby unconditionally and irrevocably agrees, w pas ("Paying AgenC'l, or its snccessur as Paying .Agent (Ur the Owners o(the Obli cations described abase. that portion of the principal of and interest on the Obligations which shall becomo Due for Pn)'menl but shall be unpaid b} reason of Nanpacmcnl by the Issuer. CSF&G will make such payment through Security Pacdic Nation;d Trust Company ("Insurer's Uisbursing AgenC') on (he date such principal or interest becomes Due for Pa)'ment or on the Business Day next following the day' on which USF&G shall have received Notice of Nonpayment, whichever is later. The Insurer's Disbursing Agent will disburse to the Paying Agent the amount of the principal and interest which is (hen Due far Payment but is unpaid by reason of Nonpayment by the Issuer but only upon recci pt by the Insurer'z Disbursing .Agent, in a form reasonably satisfactory to it. of (i) evidence of the Owner's right to receive such payment, and (ii) evidence, including any appropriate instruments of assignment, that all of the Ou'ncr'.t rights to such paymem shall Ihcrcupon vest in USF&G. Upon such disbursement. USF&(i shall become the owner of that portion of the Obligations as paid, including any appurtenant coupon or right to payment of principal or interest on such Obligations and shall 6e (ally subrogated to all of the Owner's rights thereunder, including the Owner's' right to payment thereof. This Bond is non-canecllablc for an) reason. The premium un this Band is nut refundable for am reason. including the payment o(the Obligation prior to its maturity. This Bond dues not insure against loss of any prepayment premium which ma} al am' time be payable xith respect to ;my' Obligation. Ax used herein. the term: (i) "Ou'nei' means, as to particular Obligations, the person who, al the time of Nonpayment, is entitled to payment tllercoL but does not include the Issuer or any (xrs'on whose agreement to pay funds to ar an behalf of the Issuer secures the Obligation. (ii) "Doc (or Paymeni' mca ns, when referring to the princip:d of the Obligations, the stated maturity date Ihercof or the date on which (he same shall have been duly called for mandatory sinking fund redemption and does not refer U> any ca rlicr dote on which pa}'ntcm is due b}'reason of nrrv other sell fur redemption, acceleration by reason of de(auh, or other advancement of maturity. When referring to inlcresl on an Obligation, "Doc (or Paymeni' means the stated date for payment of interest. Principal and interest previously paid by the paying agent, but (hereafter recovered from env Owner m wham such payment wax made pursuant to a final judgment b} an} court of competent jurisdiction holding that such pay ntcnt constitmcd a voidable prc(crcncc within the mca ning n( an} applicable ba okra p(cy law ("preferenlinl payntenl+'I, shall be deemed Doc (or Payment hereunder upon receipt by the Insurer's Uisbursing Agent of evidence of recovery of such funds from the Owner. (lilt "Nonpayment" in respect of an Obligation means the (xilurc of the Issuer m have provided to the paying agent funds suRicicnt far paymem in full of all principal :md inlcresl Uuc for Pavment thereon. "Nonpayment" also includes "preferential payments", g.2 (iv) "tiotice" means telephonic or telegraphic notice to USF&G, subsequently confirmed in writing, or written notice l0 USF&G by registered or certified mail, from an Ox~ner or a paying agent for the Obligations. Notice to USF&G shall he given or addressed to Ray H. Britt, Asst. Secretary, USF&G Company. 100 Light Street. Baltimore. Maryland 21202. (v) "Business Dav" means any day the Insurer's Disbursing Agent is open for business. In Witness Whereof, USP&G has caused this Rond to 6c executed un iU behalf :md signed by its attorney-in-(act whose certified power of attorney is attached hereto. UV ITED STATES FIDELITY ARD GUARANTY COMPANY by Altornev-in-(act USF'&G FINA\CIAL SF.CL'R ITY COM PArV Effective Dale: [countersignature as required) R-3 UNITED STATES FIDELITY AND GUARANTY COMPANY (Commenced bualnsea Aueuat 1, 7896) HOME OFFICE BALTIMORE, MD. FINANCIAL STATEMENT DECEMBER 31, 1984 Israrurowr eases) ASSETS Cash ..... ......................._ .........,,....,..............,............... S 23,BBSd93 Investments: Bonds ........................ ......... ....... .... ........... 52.157,704.590 Preferred Stocks,.,... _ . _ .... . ..... ..... ..... ...... . ... ...... 22.132,166 Common Stocks ........... ... ..................... ... ...... 1,567,191,710 3,747,028,466 Yet Premiums in Course of Collection" ........ ..... ... ... .. .. .......... ... ........... 400,662,475 Real Estate--less accumulated depreciation ...._ ....... ... .......... ..... .......... 54,171,340 Accrued Interest and Oividends ...... ..... .. ............ _ ... ..... .. ... ........ ... 66.103,194 Other Admitted Assets .... ... .... ................... ... ....... .................. 281,580,821 Total Assets.. ._ ....................... .. ...... .......... .. _..,._ 54,583,434,489 LIABILITIES, CAPITAL STOCK AND SURPLUS Reserves: Losses and Lnss Adjustment Expenses .... .. ......... .. .......... 52,6J6,845,931 Premium Taxes and Operating Expenses .... ..... ... ....... . ... ... 72,046,485 Federal and Foreign Income Taxes ......... ...... ................ -0. Unearned Premiums . ................ .......... ...... .... 952,231,9113 53,661,124,319 Dividends Pa}able ........................................ ............ ... ....... .. ... -0. Other Liabilities ................. ... ..... .. ........... .. ... .... ..... ........... 269,719,912 Total Liabilities ......... ...... .... ... ........ ..... .............. .. ... 53,930,844,231 Capiml Funds: Capital Stock-52.50 par value ................. .... .. ........ S 70.579,287 Surplus ..... .... ....... ..... ........ .... .... ..... ..... 602.226.920 Surplus Appropriated for Investment Fluctuations and Other Contingencies .............. ...... ..... ............ (20.215,9491 Total Capital Funds (Policyholders' Surplus) .. ... ............ .... ... ... .... .. .. 652,590,258 Total Liabilities and Capital Funds. ................... ..... ......... .... 54,583,434,489 m.u~m<m nm<, a nrexdbW q m< Nanpnal n.a<utme or mmun« rpmmismeen con <oe sa.r,um .p m<.mwe~ or sausJn.J.I .p m<:mf<m<m ar<a<pan<n <, r<s.~rm bi I:w •F,t<ludo Premrvm, R<aervabl< w<r 9a dap pld JACK MOSELEY fAM1fES M1f. IULEY, JR.. Chairman of the 8nnrd .Senior Vire Preridenr-Finance Cltt nr Ba nwar, j <s MR Ih151 Chrom a<of lAa ~BwM Mtieniw Ul¢Preotlm~~IFinrn eu'~Cvbade fihe Unndl$Inio Fid<lilrpr dfu:ram<aComgn MJacF MUeyletaM Lmp i i p;eohl e q l d iM1 J f Y a l ll n mm r l~ m ~ o u du n did depue end vy mu ~M1ey erc uch oMan pr IM said mmryn el Ih< aMve an inepmnp v , nue a d mrr¢ yy an LoMlllld of Ih<.uid company, a, IMy eppurM upon th< booP+ of tM xitl mmryny on ~M1e Jla day n! Oaemb<r nD. 19fl1 < ~ ueu e IN WITNESS WHEREOF. I nape Mrconla wl my M1end and Mnnal ual. Ih< day and y<ar aforcvd NOTARInt sent NARRIEFT M. L/TTLE, Nplery wbli< Trm 3P 13811 B-4 THIS PAGE INTENTIONALLY LEFT BLANKI 1 ORDINANCE NO. 259 AN ORDINANCE OF TER CITY COUNCIL OF THE CITX OF RANCHO CUCAMONGA, CALIFORNIA, ANENDING 'TITLE 18 OF THE RAN CNO CUCANONGA MUNICIPAL CO-E PERTAINING TO THE REGULATION OF AMEULANCES The City Council o£ the CiCy of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The Rancha Cucamonga Municipal Code is hereby amended tc read as foll owe: "Chapter 8.18 "Ambulances "Sections" 8.18.010 Def ioiti one. 8.18.020 Permits required. 8.18.030 Permit fees. 8.18.040 Appl ica [ioa for a permit or renewal of a permit. 8.18.050 Investigation by city manager. 8.18.060 Issuance or denial of pe rmi[. 8.18.070 Consent of pe rmiC. 8.18.080 Amendment of petmic. 8.18.090 Renewal of pe rmita. 8.18.100 Sue pension and revocation of permits. 8.18.110 Sua pension, conditional operation and temporary variance. 8.18.120 Appeal procedure. 8.18.130 Emergency service requirements. 8.18.140 Conformance with perm it requirements. 8.18.150 Standards foz dispatch. 8,18.160 Ambo lsnce safety sad emergency equipment requirements. 8,18.170 Ambulance personnel. 9.18.180 Continuation of cell. 8.18.190 Emergency asd di sae[er operations. 8.18.200 Uaer complain[ procedures. 8.18.210 Enforcement reepoaeibiliti ee. 8.18,220 Excused performance. 8.18,230 Penalty for violation o£ chapter. 8.18.240 Civil remedies availa6l e. 8.18.150 Severabil ity. ORDINANCE NO. Page 2 "Sec. 8.18.010. Definitions. "Unless otherwise stated, words and terms are defined as follows: "(a) AMBULANCE. The term. 'ambulance' means any vehicle ~oecially constructed, modified or equipped, and used for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persona and which is equipped with emergency signaling devices (such as red light and siren) or which is subject to licensing by the California Highway Patrol as an ambulance. "(b) AMBULANCE SERVICE OPERATOR. The term 'ambulance service operator' means any person who owns or operates one or more ambulances, either on an emergency or a non-emergency basis. 1 "(c) COUNCIL. The term 'Council' means the City Counci. of the City of Rancho Cucamonga. "(d) CLASS OF SERVICE. The term 'Class of Service' means the level or levels of complexity of field emergency medical services and will be specified as basic life support orpvided by certified Emergency Medical Techinician (E:1T-L?.) personnel conforming to the provisions of the California Health and Safety Code, full advanced life support provided 6y California licensed physician or by paramedics and mobile intensive care nurses certified under California Health and Safeey Code. "(e) CITY. The term 'City' means the City of Rancho Cucamonga, California. "(f) CITY MANAGER. The term 'City Manager' means the City Manager of the City of Rancho Cucamonga, or his designee. -2- ORDINANCE N0. °a:e "(g) COUNTY. The term 'County' means the County of San Bernardino, California. "(h) COUNTY HEALTH OFFICER. The term 'County Health Officer' means that person designated as such by the County of San Bernardino. "(i) EMERGENCY CALL. The term 'Emergency Call' is a request for the dispatch of an ambulance to transport or provide other assistance for a person who apparently has a sudden or unforeseen need of emergency medical attention. "(j) EMERGENCY SERVICE. The term 'Emergency Service' means the functions performed in response to an emergency call and includes the ~rovis ion of advanced life support. "(k) PATIENT. The term 'Patient' means a sick, injured, wounded, invalid, expectant mother, convalescent, or otherwise incapacitated person. "(1) PERSON. The term 'Person' includes all natural persons, as well as any individual partnership, firm, corpora- tion, association, governmental agency o: other group or combina- tion acting as a unit. "(m) BASIC LIFE SUPPORT (BLS) AMBULANCE. The term 'sLS Ambulance' means an ambulance which has equipment and supplies as required by the California Administrative Code and any other local or state regulation applicable to the provision of Basic Life support level of service. "(n) ADVANCED LIFE SUPPORT (ALS) AMBULANCE. The torm 'ALS Ambulance' means an ambulance which has additional equip- ment and supplies as required by state or local law and the County Health Officer, applicable to the provision of Advanced Life Support level of service. "(o) MOBILE INTENSIVE CARE (MIC) "MIC Paramedic' means a person specially Sion of emergency cardiac and noncardiac current EMT-P certificate. PARAMEDIC. The tern trained in the provi- care and who holds a -3- ORDINANCE NO. :i'1r52' ..^.ean5 a ..^.u: se who has been Health Officer as qualified in the cardiac and noncardiac care and in instructions to MZC paramedics. Pace 4 CeLt.fied b t:^,2 ~~,, ,;:.t ~. provision of emergency the issuance of emergency "(q) PERMITTEE. The term 'permittee' means any person who possesses a current City permit to act as an ambulance service operator, including all employees, directors, officers and agents of permittee. "(r) CODE 3. The term 'Code 3' means the period when an Advanced Life Support ambulance is traveling to or from a patient pick-up point as a result of an emergency call and during which said ambulance is using red lights and siren. "(s) NON-EMERGENCY CALL._ ^he term 'non-emergency call' means all requests for ambulance services which do not require a Code 3 response nor the provision of emergency services as of the time the call is made. "Sec. 8.18.020, Pewits required "It shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator, upon the streets or any public way or place in the City except in conformance with a valid City permit to operate an ambulance service. A permit may be issued authorizing the provision of non-emergency services only, or non-emergency and emergency services. "(a) EXCEPTIONS. The equipment and personnel standards specified in this chapter apply to all ambulance ooe rotors; hcwever the licensing and permit requirements shall not apply to: "(1) Publicly owned ambulances; or, "(2) Vehicles operated as ambulances at the request of local authorities during any 'state or war emergency,' duly proclaimed 'state of emergency' or 'local emergency,' as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code), as amended. "(3) Ambulances passing through the City, which neither originate from the City nor arrive to a ca 11 within the City. -4- ORDINANCE N0. ?aye 5 .3. - - _ "Permit fees shall be those which are, from ti^,e to time, set by the Council. All permits shall be issued to expire on June 30 of each year. "Sec. 8.18.040. Application for a permit cr renewal of a permit. "(a) PROCEDURE AND INFORMATION REQUIRED. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall include the filing with the City Manager of an application in writing on a form to be furnished by the City `tanager, wtSch sFall provide the following minimum information: "(1) Name and 'description of applicant. "(2) Business address and residence address of any individual applicant. "(3) The name under which the ambulance service will do business. "(4) If a corporation, joint venture, partnership or Limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of participation in the business, "(5) If the applicant is applying for a permit to provide emergency service, a verification that the applicant is equipped to and will provide ALS paramedic service at all times in the City. "(6) Express warranty from applicant in all applications that the applicant owns or has under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code, and that the applicant owns or has access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. If apply- in~ for initial or renewed permit to provide emergency services, both initial and renewal applications must contain a statement that the applicant will maintain (station) at least one ALS e~juipped ambulance within the geographical boundaries of the City, -5- O~DI:lANCE NO. Page 5 ..~.._ ..-_ ~ -:-e apv licanr -...__ astabi -.. to .._ ._ '_..____ Sdt15`_aCtlOn Of the City Manager .. ^.dt t'.^.e acollcaat :',as adequate capability to 'back up' or augment such ALS ecuippec ambulance if it is not immediately available to respond to a call therefor. "(7} A complete descrip<ion of each ambulance to ba operated by the applicant, including a list of the internal equipment carried by each ambulance, the patient capacity thereof, and a copy of the applicant's current Ambulance Inspection Report issued by the California Highway Patrol for each vehicle. "(8) A statement by the applicant warranting t:.at each permitted ambulance and its appurtenances conform to all applicable provisions of this Chapter, the California Vehicle Code, the California Administrative Code and all other State, County or City applicable rules or regulatiens. "(91 If the applicant is applying foz a pez:nit to ~ provide emergency service, a statement that the applicant employs sufficient personnel adequately trained and available J to deliver emergency ALS paramedic amhul ante services of good quality at all times in the City. "(10) A description of the level of training far each ambulance employee and a copy o£ each current certificate or lit erne, including drivers license, issued ty t:ae State sad County establishing qualifications of such persc nrel to to emo Toyed in ambulance operations. "(11) A statement, in an initial application, that shows to the satisfaction of the City Manager that the issuance of a permit is in the public interest and there is a need for ~ permit to be issued, in that there is a requirement Ear ambulance service which can be provided by the applicant. "(12) A statement signed by the applicant that as a condition o£ the City issuing a permit, applicant agrees Co appear and defend all actions against the City arising out of the exercise of said permit, and shall indemnify and save the Cityr its officers and employees and agents harmless fron any and all claims, demands, actions, or causes of actions cE every kind and description resulting directly oz indirect:!, arising out of, or in any way connected with the exercise c° this permit. -6' "(13) A schedule of to [es proposed fo be charged by [he applicant. ^(14) iJhe Cher applicant is seating a permit to provide advanced life sup- port (emergency) or basic life support (non-emergency) level of service, or both. "Sec. 8.18.Oi0. Investiaatiov by City Manaaez. 'bpan receipt of a completed initial (non-renewal) application, the City Manager shall conduct en investiga [i on to de Cerm ins if the applicant meets atl requirements of Chfs Chapter. Upon completion of his investigation, the Ci iy Manager shell reeommevd to the Comcil that a permit 6e granted of denied. The de terming [i on of Che Council shall be made after a duly noticed public bee ri ng upon the qualif ica ti one of the appltcant. "Sec. 8.18.060. Issuance or Denial of Permii. "(e) The City Council shall order the issuance of a new permit to conduct as am6u lance service in the City upon finding that [he applicant meets all re- quirements of this Chapter. "(b) The Council may deny anew or renewed permit if it ft¢de any of the follaving condi ti one to be true: "(S) That the application does no[ covtai¢ the inf orma ti oa required by the pr ov iaione of this Chaptet; or "(2) That the vehicles described in the application are inadequate of unsafe for the purposes for which they are to be used; or "(3) Thaf the color ec6eme, name, monogr®, or insignia to be used upon such vehicl ee is in conflict with or imita tee any color scheme, name, monogram, or inaign is used by any person eo ee to be mialeadfng or tending to mislead or mier epr event material facts. "(4) That there is ineuff icien[ need for euc4 eddi [ional ambulance ee rv ice within the City, prmided that the Bole fact there there is an existing provider or protider• shall not con~ti[nte wffitient proof [ha[ [he condition eziata; or^ e(5) That applicant or the proposed ambulance operation does sot eat- isEactorily meet ell requirements set for tb in this Chapter. ~,_~ "(c) :he Council may deny a permit .f tz applicant or any partner, officer or director thereof: "(1) Was previously the holder of any ambulance permit which permit was revoked or suspended; or ;2) Has, ~~ithin .'r.e ores=_d.ng _vJ=_ ~, ~) _.s .,. .. 3.^.}' 3Ct, 'dhlC$, l: ]OCF~lttcd ~-y d.^.Y C ...,,. _ could be 5rourds for the suspension or zevocat:on of`a~pe raa issued pursuant to this Chapter; or "(3) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has 6enefitted; or "(4) Has acted as an ambulance service operator in any City without possessing a required permit therefor; or "(5) Has aided or abetted any person in violating any provision of this Chapter or any other ambulance ord'_nance; or "(6) Has made any material misstatement of fact upon any apn lication, or during the course of any investiga- tion, required or permitted by this Chapter. "(d) BONDING OF APPLICANT. Before any permit is issued under the provisions cf this Chapter, the Council may recui:e the applicant as a condition to the issuance of the permit to post with the City Clerk a cash bond in the sum of Twenty Five Tiwusand Dollars (525,000.00) or a surety bond in the same anount furnished by a corporation authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the full and faithful performance by [he oermit~ee of his obligations under the applicable provisions o: this Chapter and shall 6e kept in full force and effect by the pe rmittee throughout the life of the permit and all renewals thereof. "(e) As a condition of issuance of a ne mit to ocerate an ambulance under this Chapter, permittee shall hold harmless, indemnify and defend the City, its elected officials, officers and employees from any and all claims and lawsuits for damace to persons or property arising out of or in any way connected with permittee's ambulance operations or operations of permittee's oEf icers, employees and agents with respect to the provision o. a.^..buiance services, to the maximum extent provided 6y law. "(f) LIABILITY INSIiRANCE. The oermittee shall obtain and keep in force during the term of said permit public liability insurance issued by a company authorized to do business in the state of California, insuring the ambulance service operator and his/her employees, and also naming the City, its elected -8- ORDNANCE N0. o ~ „_- 133, ~- LJ2ri d..^.d __^lo %ee5 d5 -' __.JCdI __~3 __ such~pcl.cy, against loss by :easor, of :a;ury cr a^.a~=; :- persons or property arising from the operation or defective construction of such ambulance, or £rom violation of this Chapter or of any other Law of the State of California or of the United States. Said policy shall contain provisions, to the extent said insurer is willing to provide, waiving insurer's right of subrogation, making all policies primary and non-contributing, and said policy shall be in the sum of not less than Four Million Dollars (54,000,000.00) for personal injury to or death of any one person in any single accident; and the limits of each such policy shall not be less than Four Million I`~il?rs (54,000,000.00) for damages to or dest:~.:c- tion of property in any one accident. Workers' Compensat:cn insurance shall be carried covering all employees of the oermittee. Capiea of the policies or certificates evidencing such policies shall 6e filed with the City Clerk prior to the effective date of any permit issued hereunder. All policies shall contain a provision requiring thirty (30) days notice to be given to the City Clerk prior to cancellation, modifica- tion or reduction of limits, of any policies required herein. "Sec. 8.18.070. Content of "The permit shall specify the dates of issuance and of expiration, the license number or vehicle identification number of each ambulance authorized thereunder, nvmter of a.~bu:3nce vehicles to be used by the pe nni ttee, plus any special coat a ions imposed as a condition precedent to the issuance of such permit by the City Council. "Sec. 8.18.080. Amendment of aerr its. "Upon request by the oermittee, the City Manager aay a-.end the conditions specified in a permit if he finds such requested changes to 6e in substantial compliance with the orovisior.s ,~: this Chapter. Such amendment shall not affect the expiration date of the existing permit, nor shall it authorize a change i.. ownership from that specified in the original permit. "Sec. 8.18.090. aenewa l-'of nermi [e. "(a) Permits may be renewed annually by the Ci[y Hanagez upon applies Cr on of [he permi[tee made a least sixty (60) days prior [o expiration of the cur- rent pe xmi[, if [he permit holder proposes no subatan ti al change in the na CUre of service to be rendered, if the City Manager de term inee [h a[ [he pe rmr[ holder has, during [he period of the expiring permit, operated in conformity with the provisions of [his Chapter and [he rules end raga la ti one of the City, [hat 6e is capable of continuing operation in conformity with the rules and regulations of the City, and [hat all facts contained in [he original and re- newal application are still true. "(b) IIol sae good cause can 6e shown by the permit[ee, i[ shall be a valid basis for non-renewal of a permit if the pe rm inee 6ae w[, during the preced- ing permit period, had a Code 3 response time in at least 95X of its emergency calla of ten (10) minutes or lase. Said response time being measured from the Time the permit tee is given [he request until the permit tee's ambulance actual- ly arrived at the location for which the service wee requested. Celle which commence as eiergmcy idle bat whie6 are converted to nos-e~eraency idle dar- ing the provi•iom of aerviee shall sot he included io the cslemlatioe specified in thin Seetioe 8.18.090(6). "Sec. 0.10.100. Suspension and revocation of cez"t~ts "The City Manager shall be empowered to and may suspend or revoke say permit issued under the provisions cf this C hapter when a has been found after investi~aticn that the permittee has become insolvent, or the perm ^_tee or am partner, officer, director, or employee of pez^it holder: "(a) Has violated any section of this ~hapter env rules or regulations that are promulgated ty the C:c7 •...:ch relate to the pe rnit activities; or "(b) Has been convicted of any offense re lati.^,q t~ the use, sale, possession, or transportation of narcotics or hlbit forming drugs; or "(c) Has committed any act involving dishonesty, fraud, oz deceit whereby another is injured, or the pe_^.,a ^_ee has henef fitted; or -10- ORDINANCE N0. Pace 1: "!d) Has ..^.i sreoresented a °a ter_al f3c_ ,~ -_-_ ing a pe ^.i t, or is no longer adhering to the coad.,icns imposed by this Chapter or by the City Council; or "(e) Has aided or abetted any person in violating the provisions of this Chapter or any law relating to the activities permitted hereunder; or "(f) Has failed to make or keep any records or logs as required herein, or has failed to have such records available for inspection by the City Manager or his duly autho rize< representative for a period of not less than three years after completion of any activity to which the records refer. "(g) Has accepted an emergency call when applicant knows or should have known. that he is unable to provide the requested service, or when applicant has accepted an emergency call and fails to inform and obtain consent from the Ferson requesting such service of any delay before causing an ambulance to respond from a location so distant as to cause a response time greater than ten (10) minute e. "(h) If holding a permit authorizing emergency service, and without prior approval by City, has failed to provide an ambulance, complete with appropriate personnel, within the City, caoable and authorized to provide advanced life support level of service, for a continuous period exceeding twenty-four (24) consecutive hours. "(i) Fails to notify the Foothill Protection District Dispatch Center of a request or need for emergency ambulance service, as hereinafter required, within the City. "(j) Operates an ambulance denoted as a paramedic unit by wording oz Lettering on the unit without qualified nIC personnel and equipment in the vehicle. "(k) Has or has attempted to assign, transfer or sell any interest in ownership without complying with all cord itiona set forth in this Chapter. "(1) During any validation period of not less t:nan thirty (30) days, has failed to respond to 958 of Code 3 calls within ten (101 minutes or less. -11- ORDINANCE NO. Page 12 '-:) has had durinc the ef`ec__._ Geri permit cyan ted to reunder, any '_.„ense or cerm.~ to cerat~e an a.:.bulance in any City, County or State suspendedJcr revoked. "Sec. 8.18.110. Suspension conditiona~ on and temporary variance. "(a) At least thirty (30) days prior ~to any sale, transfer or change in ownership interest of any kind or nature, any interruption of service, or any change in staffing or equipment of the permitted ambulance service, the permittee shall notify the City Manager immediately in writing, stating the facts of such change. Failure to obtain approval of City Manager ?rior to such changes or interruption shall be grounds for .^r..ediat Hermit revocation. "(b) Upon request 6y the pem ittee, the City Manager may grant a temporary variance in writing from the conditions specified in the original permit if he finds that such change is in substantial compliance with the provisions of this Chapter. If the City Manager finds that such change is not in substanti~'. compliance with the provisions of this Ordinance, he may deny ,~ permittee's request. In all cases when a change of ownership is planned, an application for a new permit shall be filed thirty (30) days prior thereto. The application must contain all information required in this Chapter with respect to new permits, and said application must be approved prior to the effective date of any such change of ownership. rr-a cure to obtain prior approval shall be grounds for revocau cn cf any permits previously issued hereunder, "Sec. 8.18.120. Appeal procedure "If the application for renewal of a permit is denie3 by the City Manager or if the City Manager suspends or revokes a permit, the permittee shall be given written notice specifying not only the action taken, but in the event of a suspension or revocation, the effective date thereof, which shall be not less than fifteen (15) days after the date of said notice, excect as otherwise provided herein. Such notification shall 6e by recistered or certified mail. -12- ORDINANCE NO. ?aye .7 , "(a) iiithin ten (10) caiendar daps of ter ..~._ _ o' slc^ nott`__cat.on, _.,._..___ nay - s [__.._ ______ the City uanayer. Such request must be ir.'wr~ttac to _- City Clerk. If such request is timely made, the offecti ve date of any denial, suspension or revocation shall be extended until fifteen (15) days following the City Manager's action upon said request. The City Manager may, after such hearing, affim, modify, or set aside the original decision. Zf no timely appeal is received, the City Manager's decision shall be final, "(b) If, after the hearing provided for above, the City Manager denies renewal, suspends or revokes a permit, tY,e permittee shall have the right to demand a hearing by the Council. A request for a hearing shall be made in writing to the City Clerk within fifteen (15) calendar days following ~he denial, suspension, or revocation of the permit. Upon receipt of a written request, the City Clerk shall set the matter for hearing on a date not :sore hap sixty (60) days following receipt of the written request and give notice to the appellant, the City Manager, and any other interested persons who may present evidence, relevant to the decision of the City Manager. Within thirty (30) days following the conclusion cf the hearing, the Council shall make findings and issue its order modifying, affirming or denying the action of the City Manager. If no timely appeal to the Council is received the City Manager's decisian shall 6e final. "(c) Except as otherwise herein crovided, during the time available to request an appeal, and at ail tines prior to the rendering of a final judgment, the effect of such non-renewal, suspension or revocation shall be stayed. The decision of the City Council shall 6e final. "(d) Notwithstanding any other provisions herein contained to the contrary, the City Manager shall be empowered to effect an immediate suspension of a permit, pending hearing, without delaying the effective date thereof if he first finds tha continued conduct of such permittee constitutes a danger to the public health, safety or welfare. "(e) Any permittee whose permit has been suspended under the provisions of paragraph (d), above, shall have a hearing scheduled before the City Manager within five (S) work- in3 days of such suspension. An aggrieved perm ittee may appeal the City Manager's decision as provided in Section 4.1.12(6). However, the suspension shall not be stayed during such appeal proceduzea. -13- cROIVANCE uo. ~,;_ _, Sec. 8.13.130. -cmercency service requirements "Each emergency service permittee shall provide advanced Life support (paramedic) ambulance service on a continuous twenty-four (24) hours per day basis during the entire term of the permit. "Sec. 8.18.140. Conformance with permit requirements. "NO ambulance operator shall provide ambulance service for ambulance calls originating within the City unless he shall first have obtained a valid City permit in accordance with this Chapter. "Sec. 8.18.150. Standard s, for dispatch. "Each emergency ambulance service receiving an emergency request shall dispatch an ambulance in compliance with all Cit~a procedures and procedures required by all applicable state and county codes. If an ambulance is not available for immediate dispatch, the procedures required by all acplicable state laws, including the California Administrative Code, and any applicable county codes. "(a) :he Foothill rr^ire Protection 'his tr ict Ja- patch Centsr shall be immediately notified by permittee of any emergency ambulance request or need. "(b) All emergency service ambulance operators shall maintain a log for a period of three (3) years containing all dispatch and arrival times and locations, the nature of the medical emergency, the total amount charged and the name o£ the recipient of such services, all made under penalty o£ perjury and available for inspection by City representatives duri rg office hours. "All non-emergency ambulance operators sha21 main- tain a similar log, except that dispatch and response times shall not be required to be recorded. "(c) No ambulance shall be dispatched without having first received a legitimate request for such services. 14- ORDINANC$ NO. Pace Lj re;uire^ents. -- - - - - - - "Ambulances shall be maintained at all times in good mechanical repair, in a clean and sanitary conflition, and in full compliance with aLI applicable local and state laws. "(a) MINIM[IM EQt1IpMENT. All ambulances shall be equipped with two-way radios and all other safety and emergency equipment zequ fired foz ambulances by the California Vehicle Code and the California Administrative Code, administrative rules of the County Bealth Officer as the same are now written, or hereafter amended, and any other rules or regulations applicable to ambulance services. "(b) EMERGENCY (ALS) AMBULANCE EQUIPMENT. In addi- tion to the regular ambulance equipment and supplies, all ALS ambulances shall also be equipped as required under the admini- strative rules of the County Bealth Officer, and as required by any other applicable state or Local regulations. "(c) MAINTENANCE OF EMERGENCY EQUIPMENT AND SCPPLIES. Dressings, bandaging, instruments and other medical supplies used for caze and treatm,•nt of patients will be protected so they are sterile when ready :or use. "Sec. 9.18.170. Ambulance personnel. "Every person who drives an ambulance within the Citl, while re soonding to calls, shall comply with all applicable requirements of state law, including, those requirements set forth in the California Administrative Cade for ambulance drivers. The driver of an mnbulance shall be trained and competent in the proper use of all equipment required by this chapter or other applicable law. The driver shall also hold a certificate o£ at Least an EMT-lA unless the ambulance service operator has teen specifically exempted from this requirement by the Council, The driver shall hold a valid California drivers license which authorizes driver to drive an ambulance. "(a) AMBULANCE ATTENDANT. All ambulance attendants shall be trained and competent in the proper use of all equic- ment required by this Chapter, or by other applicable iaw, and shall hold the required certification of at least an EMT-lA. -li- ORDZNANCE NO. Page 15 IE the ce:^icia is being used as an emergency ser^:c=_ ',q;,g) ambulance, at least one attendant shad hold a curr_r.t cer:.- ficate as an MIC paramedic (EMT-P). "(b) ATTENDANT REQUIRED. Each ambulance being operated within the City, in response to an emergency call, shall be staffed by both a driver and MIC Paramedic. The MIC Paramedic of an ambulance responding to an emergency call shall occupy the patient compartment while transporting any person in apparent need of medical attention. In non-emergency calls, the attendant must hold, at minimum, a current EMT-lA certificate. "An ambulance driver or ambulance attendant who is a California licensed physician of an MIC nurse currently certi- fied, shall be exempt from the emergency medical training require- ment of this section. "This section shall not apply during any 'state of emergency' or 'local emergency' as defined in the Government Code of the State of California. "Sec. 8.18.180. Continuation of call. "An ambulance based and properly licensed outside the City but not licensed by the City shall be authorized to transport a patient to or through the City, but shall not be authorized to transport patients originating in the City, extent in emergency situations when no other licensed emergency service provider is reasonably available. In the discretion of the requesting agency, and subject to subsequent review by City, a non-City licensed ambulance may be utilized in life and death situations when no licensed provider is reasonably available. "Sec. 8.18.190. Emergency and disaster operations. "During any 'state of war emergency,' 'state of emergency,' or 'local emergency' as defined in the California Emergency Ssrvices Act (Chapter 7 of Division 1 of Title 2 of the Govern- ment Code), as amended, each anbulance service operator shall provide equipment, facilities, and personnel as required by the City Manaqez. -16- O RDZNANCE NO. Pace ll Sec. 3.18.2^0. _'szr ccr~ dint -rece9are;. "Any user or subscriber to an ambulance service contend- ing that he has been required to pay an excessive charge for service or that he has received unsatisfactory services may Eile a written complaint with the C1ty Manager setting forth such allegations. The City Manager shall notify the affected permittee of such complaint, and shall investigate the matter to determine the. validity of the complaint. If the complaint is determined to be valid, the City Manager shall take a reason- able and proper action to secure compliance with the conditions of this Chapter. "Sec. 8.18.210. Enforcement responsibilities "(a) The City Manager shall make all necessary and reason- able rules and regulations, subject to the approval of the Council, pertaining to ambulances, ambulance service operations, equipment, ambulance personnel, reasonably necessary for the effective and reasonable administration of this Chapter. "(b) The City Manager, during office hours or otherwise upon reasonable notice, shall be authorized by permittee to inspect the records, facilities, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. "Sec. 9.18.220. Excused performance. "No operator shall be deemed to he in violation o° its permit if it shall fail to provide, either in whole or in part, the services otherwise required, without fault of pe mittee, i_ such performance is prevented by any of the following: "(a) Act9 of God; "(b) Labor strikes or disputes; "(c) Intervention of any government body; or "(d) Any force reasonably beyond the control cf the operator. -17- GRDINANCE NO. '_ .3 "It shall be unlawful for any oerson, fir,, partner- ship or corporation to violate any provision or to 'ail to comply with any of the requirements of this Chapter. Any person, firm, partnership, or corporation violating any pzovisien of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor ar,d upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or 6y both such find and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter. "Sec. 8.18.240. Civil remedies "The violation of any of the pzovis ions of this Chanter shall constitute a nuisance and may 6e abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner orovided 6y law for the abatement of such nuisances. "Sec. 8.18.250. Severabilit:•. "The City Council hereby declares that should any ozo- vision, section, paragraph, sentence, or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any pre- emptive legislation, the remain inq provisions, sections, para- graphs, sentences and words of this Chapter shall remain in full force and effect." SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shaT1. attest to the same, and the City Clerk shall cause the Ordinance to be published within fifteen (15) days after its passage, at least once in The~Dail~Re~o r~t, a newspaper of general circulation, published in the City~n tario, and circulated in the City of Rancho Cucamonga, California. PASSED and ADOPTED this day of , i985. Mayor -18- ORDINANCE NO. ?, 3EVE3~Y ?.. ACTHELET, City Clerk of t^.e ~_ ?.ac c:-., Cucamonga, do Hereby certify that the foregoing Ordir,ar.c>_ ~.~as introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 1985, and was finally passed at a regular meeting of the Ciiy ouncil of the City of Rancho Cucamonga held on the day of 1985, by the following vote: Page 19 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Bever y A. Authe et, City C er City of Rancho Cucamonga • J -19- RESOLUTION ND. RESOL UTi ON OF THE CITY COUNCIL OF THE CITY ff RANCHO CUC AMONGA, CALIFORNIA, AUTHORIZING AND PROVIDING FOR THE ISSU- ANCE OF BONDS OF A COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of Lhe CITY OF RANCHO CUCPMONGA, CALIFORNIA, (hereinafter referred to a5 the "Legislative Body"), has heretofore undertaken proceedings and declared the necessity to issue bonds on behalf of a Cornmuni ty Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", as anended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Gov er anent Code of the State of California. Said Community Facilities District is designated and known as COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTF1w) and WHEREAS, pursuant to law an election was held and the following proposition was approved by more than 2/3's of the voters voting at said election: CITY OF RANCHO CUC PMONGA, COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM), AUTHORIZATION TO INCUR BONDED [NDEBTEDNE SS ANO AUTHgtI ZATION FOR SPECIAL TAX LEVY Shall the City of Rancho Cucamonga, California Community Facilities District No. 84-1 (Day Creek Drainage System) incur a bonded indebtedness in an amount not to exceed E20,225 ,000.00, to finance certain public capital drain- age improvements to meet the needs of new development within the Community Facilities District, including all appurtenant work necessary and inci- dental expenses, said indebtedness to be secured by annually levied special taxes? and YE S NO WHEREAS, on May B, 1985, judgment was entered in that certain validation action entitled City of Rancho Cucamonga v, All Persons Interested, Etc., in the Superior Court of t~Te-~o unty o San~r~ino -determining t at a peci al Tax will, vh en levied, constitute valid and binding special taxes of the Community Facilities District and the Bonds of the Community Facilities District will, upon their sale and delivery, constitute a legal, valid and binding obligation thereof; and, WHEREAS, on June 5, 1985, the legislative body did enact Ordinance No. 263 authoriz- ing the levy of a special tax in Lhe Community Facilities District; and, WHEREAS, no bonds of the above-referenced authorization to date have been issued and sold, and at this time it is the desire of this legislative Body to proceed to issue Series "A" bonds in the amount of 518,000,000.00. NOW, THEREFORE, [T IS HERERY RESOLVED AS FOLLOWS: ARTICLE I. DEFINITIONS SECTION 1. As used in this Resolution, the following terms shall have the following meanings: A. "Act" means the "Mello-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. B. "Agency" means the Redevelopment Agency of the City, C. "Annual Debt Service" means, for each twat ve month period erd ing August 1st, the sum of (I) the interest falling due on the Outstand- ing Bonds in such twelve month period, assuming that the Outstanding Serial Bonds are retired as scheduled and the Dut standing Term Ronds are redeemed from the Term Bond Sinking Fund Account as scheduled; ~2) the Drincipal amount of Outstanding Serial Bonds falling due 6y their terms in such twelve month period, and (3) the minimum anount of the Outstanding Term Bonds required to be paid or called and redeemed in such twelve rta nth period, together with the redemDt ion premiums, if any, thereon. D. "Average Annual Deht Service" means the average Annual Debt Service during the term of the Bonds. E. "Additional Bonds" means any addition ai Special Tax Bonds issued by the Community Facilities District as permitted 6y Section 26 of this Resolution payable from the Special Taxes on a parity with the Bonds. F. "Bondholder" or "Holder of Bonds", or any similar term, means any person who shall be the registered owner or his duty authorized attorney, trustee, representative or assign of any Outstanding Bond which shall at the time be registered. For the purpose of Bond- holders' voting rights or consents, Ronds owned by or held for the account of the Agency, or the City, directly or indirectly, shall not be counted. G, "Bonds" means the "City of Rancho Cucamonga, Community Facilities District No. 84-1 (Day Creek Drainage System), Special Tax Bonds, Series 'A"' and any Additional Bonds. H. "Bond Payment Fund" means the fund by that nave established in Section 11. 1. "Bond Reserve Fund" ;.pans the fund 6y that nane established in Section 11, J. "Bond Year" means the year ending each August 1st. K. "City" means the City of Rancho Cucamonga, California, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California. L. "Community Facilities District" means the Community Facilities District No. 84-1 (Day Creek Drainage System) of the City. M. "Community Facilities Improvement Fund" means the fund by that none established in Section 11. N. "Fiscal Agent" means Bank of America NT 6 SA or any other bank or trust company which may be suhs titut ed in its place as pr ovfded in Section 32. 0. "Interest Payment Date" means February 1 and August 1 of each year commencing February 1, 1986. D. "Legislative Body" means the City Council of Cfty. Q. "Loan and Pledge Agreement" means that certain agreement between the City and the Agency dated May 5, 1983, including all one ndments or supplements thereto. R. "Maximum Annual Debt Service" means, as computed from time to time pursuant to the provisions hereof, the largest debt service in any Bond Year during the period from the date of such determination through the final maturity of any Outstanding Bonds. S. "Outstanding Bonds" means all Bonds theretofore issued by the Commu- nity Facilities District, except: (1) Bonds theretofore cancelled or surrendered for cancellation in accordance with Section 25 hereof; (2) Bonds for the payment or redemption of which monies shall have been theretofore deposited in trust (whether upon or prior to the maturity or the redemption date of such bonds), provided that, if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as provided in this Resolution or any applicable Addi tf on al Bond resolution. T. "Owner" means the registered owner of any Outstanding Bond. 0. "Principal Payment Date" means August 1 of each year, commencing on August 1, 1988. V. The "Public Facilities" means the facilities as described in Section 1II of the "Engineer's Tax Apportionment Report, Mello-Roos Community Facilities Act of 1982", on fSle in the Office of the City Clerk of the City. - W. "Reserve Fund Requirement" means initially an ono unt equal to 6.5X of the principal amount of the Bonds until (and including) August 1, 1988, and, thereafter, an anount equal to the Maximum Annual Debt Service on the Bonds. )(. "Serial Bonds" means the bands described in Section 6A hereof. Y. "Special Taxes" means the taxes authorized pursuant to the Act and these proceedings and levied pursuant to the provisions of Ordinance No. 263. Z. "State" means the State of California. AA. "Term Bonds" means the Bonds as described in Section 66. BB. Treasurer" means the City Treasurer of the City. ARTICLE II. GENERAL AUTHORIZATION AND TERMS SECTION 2. That the above recitals are all true and correct SECTION 3. Pmount, Issuance and Purpose. Pursuant to the provisions of the Act and e egrs ere u rc rgations Act of California (Sections 5050 and following of the California Government Code), this Legislative Body does hereby authorize the issuance of bolls in the amount of E18,000,000.00. The purpose of the Bonds shall be to finance the acquisition or construc- tion of Public Facilities to meet the drainage needs of new development within the Community Facilities District. SECTION 4. Description of Bonds. Said Bonds shall be designated "CITY OF RPN CHO U PM UN Y FACILITIES DISTRICT N0. 84-1 (DAY CREEK OR AIWIGE SYSTEM), SPECIAL TAX BONDS, SERIES 'A"', and said Bonds shall be numbered consecutively, commencing with number 1 in each maturity year, with a different letter prefix assigned to each maturity year, beginning with "A" but omitting "I" and "0". All of said Bonds shall be dated the 1st of August, 1985, and interest shall accrue on said Bonds from that date. SECTION 5. Type and Nature of Bond. The Bands shall be special o6ligat io ns of the anmum y acr r res istrict secured by and payable from an irrev oca6le f frst lien on and first pledge of the Special Tax revenues, investment income earned after completion of construction of the Public Facilities on funds in deposit in the Bond Reserve Fund, and other funds as herein- after provided for, including monies pledged pursuant to the Loan all Pledge Agreement. Said Bonds, the interest thereon, all any premiums payable on the redemption of any thereof, are not an indebtedness of the City, the State of California, or any of its political subdivisions, all neither the City, the State nor any of its political subdivisions is liable on the Bonds, nor in any event shall said Bands or interest M payable out of any funds or properties other than those of the Community Facilities District as in this Resolution set forth. Neither the members of the Community Facilities District or the City nor any persons execut- ing the Bonds are liable personally- on the Bonds by reason of their issuance. The Bonds shall be and are equally secured by and payable fron an irrevo- cable and first pledge of Speci al Tax revenues and other funds as may be hereinafter provided, including monies pletlged pursuant to the Loan and pledge Agreement, without priority for number, date of sale, date of execution or date of delivery, except as expressly provided herein. SECTION 6 The validity of the Bonds is not and shall not be dependent upon the completion of the Public Facilities or upon the performance of any one of his or her obligation rel at.i ve to the Community Facilities District. Nothing in this Resolution shall prevent the Community Facilities District from making advances from any other source of revenue not other- wise prohibited by law to any of the uses and purposes mentioned in this Resolution. Maturity and Interest Rate. A. SERIAL BONDS: The Serial Bonds shall be issued in serial form, with annual principal maturing on August 1, 1988, and each succeeding year thereafter in the principal amounts and bearing interest at the rates as hereinafter set forth: PRINCIPAL AMOUNT INTEREST YEAR MATURING (AUGUST 1) RATE 1988 E 470,000.00 1989 505,000.00 1990 540,000.00 1991 580,000.00 1992 625,000.00 1993 675,000.00 1994 730,000 AO 1995 795,000.00 1996 860,000.00 1991 935,000.00 7996 1,02D,000.00 1999 1,110,000.00 TERM BONDS : The Term Bands shall be issued in term form, with annual principal maturing on August 1, 2005, and subject to mandatory sinking fund redemption as more specifically set forth hereinafter: PRINCIPAL AMOUNT INTEREST YEAR MATURING (AUGUST 1) RATE 2005 b 9,155,000.00 SECTION 1. Interest. All Bonds shall bear interest at the rates provided for in ectron 6 herein above, and each Bond shall be of a single maturity and shall bear interest at the rate or rates as set forth herein. Interest shall be payable semi-annually on February 1 and August 1, and all Bonds shall bear interest from the Interest Payment Date next preceding the date on which it is authenticated, unless (1) said Bond is authenticated as of an Interest Payment Date, in which case it shall bear interest from the date thereof; or (ii) said Bond is authenticated after the 15th day of the month preceding an Interest Payment Date aM before such Interest Payment Date, in which case it shall bear interest from such I r.t Brest Payment Date; or (iii) it is dated prior to dams ary 15, 1986, in which event interest shall be payable from August 1, 1985. SECTION 8. Place of Payment. The principal of the Bonds shall be payable in lawful money o e nited States of Anerica at the principal corporate trust office of the Fiscal Agent in Los Angeles, California. Interest on said Bonds shall be paid by check or draft mailed to the registered owner thereof at his address as it appears on the books of registration, or at such address as may have been filed with the Fiscal Agent for that purpose, as of the 15th day of the calendar month preced- ing said Interest Payment Date. No transfer of fully registered Bonds shall be required to be made during the fifteen (15) days next preceding each lnt Brest Payment Date. SECTION 9. Execution of Bonds. The Bonds shall be executed i.. facsimile by the ayor an y e i y Clerk, and the corporate seal shall be imprinted in facsimile on the Bonds. The Bonds shall then be delivered to the Fiscal Agent, for authentication and registration. In case an officer who shall have signed or attested to any of the Bonds by facsimile or otherwise shall cease to be such officer before the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may be authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as binding as though those who signed aM attested the same had remained in office, SECTION 10. Order to Print and Authenticate Bonds. The Treasurer is hereby instruc- o cause on s n e orm as se forth herein, to be printed, and to proceed to cause said Bonds to be authenticated and delivered to an authorized representative of the purchaser, upon payment of the purchase price as set forth in the accepted proposal for the sale of the Bonds. ARTICLE III. FUNDS SECTION 11. Special Funds. There are hereby created and established the following unds or t e deposit and allocation of monies in the Community Facili- ties District: Bond Reserve Fund, Community Facilities Improvement Fund and Bond Payment Fund. A. BOND RESERVE FUND: An amount equal to 6.5X of the principal mrount of the Bonds shall be deposited in the Bond Reserve Fund from the Bond proceeds, which Fund shall be held and administered by the Fiscal Agent. If the mrount in the Bond Reserve Fund is less than the Reserve fund Requirement, then the Bond Reserve Fund shall be restored by the inclusion of a sufficient amount in the next annual Special Tax levy to replenish the Bond Reserve Furrd, not to exceed the maximum autho- rized tax. Except as otherwise provided herein, the monies in the Bond Reserve Fund shall be used only for payment of the principal of and interest on the Bonds, and more specifically as follows: (a) For transfer to the Bond Payment Fund from time to time such amounts as are needed to pay the principal of and interest on the Bonds when due; (b) To redeem Bonds in accordance with the provisions of this Resolu- tion; and, (c) The amount in the Bond Reserve Fund in excess of the Reserve Fund Requirement will be tr ansferretl to the Community Facilities Improvement Fund on August lst of each year until construction is completed or until August 1, 1988, whichever is earlier, and subsequent thereto on each August 1st, any excess will be trans- ferred to the Bond Payment Fund. BOND PAYMENT FUND: Ali monies received fr an the collection of the annually levied Special Taxes and all anounts received by the City pursuant to the loan and Pledge Agreement shall immediately upon their receipt by the Community Facilities District or by the City on behalf of the Community Facilities District be deposited in the Folding Account of the Bond Payment Fund, which shall 6e held and administered by the Fiscal Agent and used for the purpose of paying the principal of and interest on said Bonds, or transferred to the Bond Reserve Fund or Bond Redemption Fund, or other purpose as hereinafter authorized. Also, as hereinafter authorized, funds from Lhe Bond proceeds in an amount which, together with accrued interest plus premium, if any, is equal to six (6) months interest on the Bonds shall be transferred to the Bond Payment Fund following the deposit of the required portion of said proceeds into the Bond Reserve Fund. Monies, including monies received pursuant to the Loan and Pledge qgr Bement, pledged as a contribution to be applied as a credit against debt service, shall be deposited in the Bond Payment Fund. All money in the Bond Payment Fund shall be set aside by the Fiscal Agent in the following respective accounts within Lhe Bond Payment Fund {each of which is hereby created and each of which the Commu- nity Facilities District hereby covenants and agrees to cause to be maintained), in the following order of priority: (1) Interest Account, (2) Serial Bond Payment Account, (3) Term Bond Sinking Fund Account, and (4) Holding Account. All money in each of such accounts shall be held in trust by the Fiscal Agent and shall be applied, used and withdrawn only for the purposes hereinafter authorized in this Section. (1) Interest Account. On or before December 31 and June 30 of each year, eginn~ing on3ecember 31, 1985, the Fiscal Agent shall set aside from the Bond Payment Fund and deposit in the Interest Account an amount of money which, together with any money contained therein, is equal to the aggregate amount of the interest becoming due and payable on ail Outstanding Bonds on the next succeeding Interest payment Date. No deposit need be made into the Interest Account if the amount contained therein is at least equal to the aggregate amount of the interest becoming due and payable on all Outstanding Bonds on the next succeeding Interest Payment Date. All money in the Interest Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including a;.crued interest on any Bonds purchased or redeemed prior to maturity). (2) Serial Bond Payment Account. On or before June 30 of each year, egrnnrng on une 1988, the Fiscal Agent shall set aside from the Bond Payment Fund and deposit in the Serial Bond Payment Account an amount of money which, together with any money contained therein, is equal to the aggr eg ate ono unt of the principal becoming due and Dayab to on alt Outstanding Serial Bonds on the next succeeding August 1. No deposit need be made into the Serial Bond Payment Account if the amount contained therein is at least equal to the principal amount of all Outstanding Serial Bonds maturing by their terms on the next suaeeding August 1. All money in the Serial Bond Account shall be used by the Fiscal Agent solely for the purpose of paying the principal of the Serial Bonds as they shall become due and payable. (3) Term Bond Sinking Fund Account. On or before June 30 of each year, e~g~mm~g on~une 30-2000, the Fiscal Agent will set aside from the Bond Payment Fund and deposit in the Term Bond Sinking Fund Account, an amount of rmney equal to, but not greater than, the mandatory sinking fund payment required to 6e deposited therein, as set forth in the schedules in Section 188. The Community Facilities District hereby covenants and agrees with the holders of the Term Bonds to call and redeem Term Bonds (without premium) from the Term Bond Sinking Fund Account pursuant to and in accordance with said schedule. No deposit need be made into the Term Bond Sinking Fund Account if the amount contained therein is at least equal to the aggre- gate amount of all mandatory sinking fund account payments required to be made in the year ending on the next succeeding August 1. All money in the Term Bond Sinking Fund Account shall be used and withdrawn by the Fiscal Agent only to redeem Term Bonds. (4) Holdingg Ac~co~~un~~t~~. After the payment of debt service on each ugu~commencing August 1, 1981, the Fiscal Agent shall make the following transfers (listed in order of priority) from amounts then on deposit in the Holding Account of the Bond Payment Fund: (a) Transfer to the Interest Account the ano unt, if any, by which 110% of the interest due on the next February 1, exceeds the estimated Special Tax receipts to be received prior to the next February 1. For the purpose of estimating such Special Tax receipts, the Fiscal Agent may rely upon a certificate signed by the City Manager of the City. The City Manager's estimate of the Special Tax receipts shall be based upon the arrount of the Special Tax levy in said fiscal year approved by resolution of the City Council, as applied against the actual number of acres then in the Community Facilities District which are subject to the Special Tax. An allowance shall be made for delinquent Special Taxes in an amount equal to the actual rate of delin- quent Special Taxes in the most recent Fiscal Year for which such data are available or, if such data shall he unavailable, at a rate equal to the delinquency rate on secured ad valorem taxes on property within the City for the most recent fiscal year for which such data are available. (b) Transfer to the Bond Reserve Fund the ano unt, if any, necessary to increase the Band Reserve Fund to an aiaunt equal to the maximum annual debt service on Outstanding Bonds. (c) Commencing August 1, 1988, any amounts remaining after above transfers shall be released to the Community Facili- ties District for any authorized purpose, including with- out limitation, payment of Fiscal Agent fees and expenses and for audit reports. COMMUNITY FACILITIES IMPROVEMENT FUND: Following the deposit into the Bond Reserve Fund and bond Payment Fund, remaining Band proceeds shall be deposited into the Community Facilities Improvement Fund, which shall be held and administered by the Treasurer. The monies in said Community Facilities Improvement Fund shall be used to pay the costs and ez penses, including incidental expenses, relating to the issuance of the Bonds and the construction or acquisition of the Public Facilities to be funded through the proceedings for the Community Facilities District. Upon completion of the acquisition or construction of the Pu61ic Facilities, any surplus remaining in said fund, including any interest earned thereon, shall be trans- ferred to the Bond Payment Fund, D. BOND REDEMPTION FUND: Prior to the time that any Bonds are subject to redemption, and not less than thirty (30) days prior thereto, the Bond Redemption Fund shall be established, which shall be held and administered by the Fiscal Agent. Into said Bond Redemption Fund must be set aside sufficient monies to redeem Bonds, including principal and premium, if any, and any monies set aside in said Fund shall be used solely for the purpose of redeeming Bonds. Following the redemption of any Bonds, if any surplus remains, said surplus shall be returned and transferred to the Bond Payment Fund. SECTION 12. Investment of Funds. Monies in the Bond Payment fund, Community Facili- ties Impr~ ov ement Fund, Band Reserve Fund and Bond Redemption Fund shall be invested and reinvested in securities and obligations, as directed by the Treasurer, as set forth below. Said monies may be invested in United States Treasury notes, bonds, bills or certificates of indebtedness or those for which the full faith and credit of the United States of Pmerica are pledged for the payment of principal and interest. Additionally, said monies may be held in time or demand deposits in any bank of trust company (including the Fiscal Agent) authorized to accept deposits of public funds, and said monies, if so invested, shall be secured at all times by such obliga- tions as are required by law and to the fullest extent required by law. Additionally, said monies may be invested in negotiable certificates of deposit issued by a nationally or state chartered bank which are collateralized as required by law or insured 6y the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation. Investment of money in the Bond Payment Fund or any of the designated accounts therein must mature prior to the date at which said money is estimated to be required to be paid out under the terms of this Resolution. Notwithstanding anything to the Contrary in the foregoing, no investment shall be permitted so as to cause the Bonds to be directly or indirectly guaranteed within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as anended, and any regulations thereunder. ARTICLE IV, REGISTRATION SECTION 13. Re istr at ion and Oe nominat ion of Bonds. Said Bonds shall be issuab le o~y as u y reg s er on s m t e denomination of E5,000, or any integral multiple thereof. SECTION 14. Exchange of Registered Bonds. Fully registered Bonds may be exchanged at the ~'ice~the-Fiscal Agent, for alike aggregate principal amount of Bonds of the sane series, interest rate and maturity, subject to the terms and conditions provided in the system of registration for regis- tered debt obligations, including the payment of certain charges, ff any, upon surrender and cancellation of a Bond. Upon such transfer and exchange, a new registered Bond or Bonds of any authorized denomination or denominations of the same maturity for the same aggregate pr incf pal amount will be issued to Lhe transferee in exchange therefor, SECTION 15. Books of Registration. There shall be kept by the Fiscal Agent, suffi- c ent oo s or a registration aM transfer of the Bonds arx1, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or tr ansfe'rred, on said register, Bonds as herei nbef ore provided. SECTION 16. Ne oti abil ity, Re istr at ion and Transfer of Bonds. The transfer of any and may be registered on y upon suc oo s o registration upon surren- der thereof to the Fisc ai qge nt, together with an assignment duly executed 6y the Owner or his attorney or legal representative, in satisfactory form. Upon any such registration of transfer, a new Bond or Bonds sh ail be authenticated and delivered in exchange for such BoM , in the name of the transferee, of any denomination or denaninat ions authorized by this Resolution, and in an aggregate principal anount equal to the principal mrount of such Bond or principal afro unt of such Bond or Bonds so surrendered. In all cases in which Bonds shall be etch anged or transferred, the Fiscal ggent shall authenticate at the earliest practical time, Bonds in accordance with the provisions of this Resolution. Ati Bonds surrendered in such exchange or registration transfer shall forthwith be cancelled. The Legislative Body may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other goverrmental charge required Lo be paid with respect to such exchange or registr at inn of transfer. The fiscal Agent shall not be req vired to make such e,ech ange or registration of transfer of Bonds during the fifteen (". 5) days immediately preceding any Interest Payment Date. SECTION 17. Authentication. Only such of the Bonds as shall bear thereo~i a tertifi- ca e o au entisation substantially in the form below, manually exe- cuted by the Fiscal Agent, shall be valid or ohligato ry for any purpose or entitled to the benefits of this Resolution, and such certificate of the Fiscal Agent shall be conclusive evidence that the Bonds so authen- ticated have been duly executed, authenticated and delivered hereunder, and are entitled to the benefits of this Resolution, FORM OF CERTIFICATE OF gUTNENTICAT[ON AND REGISTRATION This is one of the Bonds described in the Resolution of Issuance of the City Council of the City of Rancho Cucamonga which has been registered BgNK OF PME RICA NT 6 SA as Fiscal Agent By: ARTICLE V. REDEMPTION SECTION 18. Terms of Redemption. The provisions of redemption shall 6e as follows: OPTIONAL REDEMPTION: The Bonds maturing on or before August 1, 1992, are not subJect to call and redemption prior to maturity. The Bonds maturing on and after August 1, 1993, may be called before maturity and redeemed at the option of the Community Facilities District, from any source of funds, on August 1, 1992, or on any interest Payment Date thereafter as a whole or in part, but not in a total redemption anount of less than E20,000.00. The Bonds are subfect to optfonal redemption 'in inverse order of maturity (ff less than all of the Bonds Outstanding of any maturity are called for redemption, such Bonds to be so redeemed shall be selected by the Trustee by lot), at a price equal to the principal anount thereof plus accrued interest, plus a premium equal to one-half of one percent (.50%) of the principal anount of bonds so called for redemption for each year or portion thereof from the date of redemp- tion to the scheduled maturity date, but in no event more than two and one-half percent (2.50X). MANDATORY SINKING FUND REDEMPTION: The Term Bonds maturing August 1, 2005, are subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100% of the principal ono unt to be redeemed plus accrued interest to the date of redemption. The Term Bonds to 6e redeemed will 6e selected by lot. Far the purposes of such selection, Tenn Bands will be deemed to consist of E5 ,000 portions, and any such portion may be separately redeemed. The Tenn Bonds wili t>e redeemed on August 1 in the principal anounts and years as shown in the following redemption schedule: Principal Year Redeemed 2000 1,210,000. 00 2001 1,320,000. 00 2002 1,445,000. 00 2003 1,575,000. 00 2004 1,725,000. 00 2005 1,860,000. 00 SECTION 19. Notice of Redemption. NOTICE BY M41L: The Fiscal Agent shall mail a notice, postage prepaid, to the respective registered Owners of the Bonds at the addresses appearing on the Bond registry books. The notice of redemption shall: (a) state the redemption date; (D) state the r edempr ion price; (c) state the numbers and dates of maturity of the Bonds to be redeemed, and in the case of Bonds to be redeemed in part, the respective principal portions to be redeemed; provided, however, that whenever any call includes all Bo Ms of a maturity the numbers of the Bonds of such maturity need not be stated; (d) require that such Bonds be surrendered at the office of the Fiscal Agent in Los Angeles, California; (e) require that the form of assignment endorsed on the Bonds be duly executed in blank; and (f) give notice that further interest on such Bonds will not accrue after the designated redemption date. 8. FAILURE TO RECEIVE NOTICE: The actual receipt by the Owner of any Bond of notice of such redemption shall not be a condition precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for redemption of such Bonds or the cessation of interest on the date fixed for redemption. CERTIFICATE OF RECEIVING NOTICE: The notice or notices required by this section shall be given by the Fiscal Rgent. A certificate by said Fiscal Aqent that notice of call and redemption has been given to the registered Owners of the Bonds as herein provided shall be conclusive as against all parties, and no Owner whose Bond is called for redemption may object thereto, or object to cessation of interest on the redemption date, by any Claim or showing that he failed to receive actual notice of call and redemption. SECTION 20. Effect of Redemption. When notice of redemption has been given substan- ia y as prove a for herein, and when the anount necessary for the redemption of the Bonds called for redemption is set aside for that purpose in the Bond Redemption Fund, as provided for herein, the Bonds designated for redemption shall become due and payable on the date fixed far redemption thereof, and upon presentation and surrender of said Bonds at the place specified in the notice of redemption, with the form of assignment endorsed thereon executed in blank, said Bonds shall be redeemed and paid at the redemption price out of the Bond Redemption Fund and no interest will accrue on such Bonds or portions of Bonds called for redemption after the redemption date specified in said notice, and the Owners of such Bonds so called for redemption after such redemption date shaP '. '~ far the payment of principal and premium, if any, of such Bonds ur portions of Bonds only to said Redemption Fund. All Bonds redeemed shall be cancelled forthwith by the Registrar and shall not be reissued. Upon surrender of Bonds redeemed in part, a new Bond or Bonds of the same maturity shall be registered, authenticated and delivered to the registered Owner at the expense of the Community Facilities District, in the aggregate principal amount of the unredeemed portion. All unpaid interest payable at or prior to the date fixed for redemption shall continue to be payable to the respective r=gistered Owners of such Bonds or their order, but without interest thereon, ARTICLE VI. DEFAULT PND REMEDIES SECTION 21. Events of Default and Remedies. Any one or more of the following events constitutes an 'event o de au t": (a) Default in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; (b) Default in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or from mandatary sinking fund redemption as therein expressed, by declaration or otherwise; (c) Default 6y the Community Facilities District in the observance of any of the covenants, agreements or conditions contained in this Resolution, and such default shall have continued for a period of thirty (30) days following written notice to the Community Facili- ties District; or (d) If the Community Facilities District files a petition or answer seeking reorganization or arrangement under the Federal bankruptcy laws or any other applicable law of the United States of pnerica, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Community Facilities District seeking reorganization under the Federal bankruptcy law or any other applicable law of the United States of pnerica, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Community Facilities District or of the whole or any substantial part of its property. Then, and in each and every such case duri ng not ice Dior wri ting oto sthe event of default, the Fiscal Randt shall, if requested by the Holders of Community Facilities District, not less than a majority in aggregate principal amount of the fiords at the time Outstanding (such request to be in writing to the Fiscal Agent and the Community Facilities District) declare the principal of all of the Bonds then Outst andinga^ndu the any esuch declar ationrthe samebsh all and payable immediately, Po Resolution or hin ltheeBond se to the contrary nota wi thst andny 9hing in this Such declaration may be rescinded by the Holders of not less than a majority of the Bonds then Outstanding provided the Community Facilities District cures such default or defaults including the deposit with the Fiscal Agent of a sum sufficient to pay all principal on the Bonds matured prior to such declaration and with interest at ahem rate of interest (if any) upon all the Bonds, twelve percent (12%) per annum on such overdue installments of principal and, to the extent such payment of interest on interest is lawful at that time, on such overdue installments of interest, so that the Commu- nity Facilities District is currently in compliance with all Dayment, deposit and transfer provisions of this Resolution, and ono unt suffi- cient to Day any ez pense incurred by the Fiscal Agent in connection with such default. Remedies available hereunder concerning events of default 6y the Commu- nity Facilities Oistr ict are as follows: (a) Mandamus, suit, action or proceeding, to compel the Community Faci- lities District and its members,ovo'SriQ~rand acov enant ont a~ned in perform each and every tens, pr this Resolution and in the Bonds, and to require the carrying out of any or all of such covenants and agreements of the Community Facilities District and the fulfillment of all duties imposed upon the Community Facilities District 6y the Act; lb) whichaareounlawful,eor~thernvolati°~ntofeanyrnofnthe bondholderss rights; or (c) Upon the Happening of any event of default (as defined above), by suit, action or proceeding in any court of competent jurisdiction, to require the Community Facilities District and its members and employees to account as if it and they were trustees of an express trust. Nothing in this Section or in any other provisions of this Resolution, or in the Bonds, shall affect or impair the ohligat ion of the Community Fac itrties District, which is absolute and unconditional, to pay the principal of and interest on the Bonds to the respective Holders of the Bonds at the respective dates of maturity, as herein provided, or affect or impair the right, wh ith is ai so absolute and unconditional, of such Holders to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. No remedy conferred hereby upon any Bondholder is intended to be exclu- sive of any other remedy, but each such remedy is cumulative and in addition to every other remedy antl may be exercised without exhausting and without regard to any other remedy conferred by the Act or any other law of the State. No waiver of any default or breach of any duty or contract by any Bondholder shall affect any subsequent default or breach of any duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right a~ every remedy conferred upon the Bondholders may 6e enforced and exercised as often as may be deemed expedient. in case any suit, action or proceed- ing to enforce any right or exercise any remedy shall be brought or taken and should said suit, action or proceeding be abandoned, or be Aetermined adversely to the Bondholders, then, and in every such case, the Community Facilities District and the Bondholders sh ail be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. ARTICLE VI[. RESOLUTION AMENDMENTS SECTION 22. Amendments. This Resolution may De modified or mrended at any time by suppT emenFal Resolution adopted by the Community Facit ities District: (a) Nithout the consent of holders of any Outstandiny Bonds, if the modification or amendment is for the purDOSe of adding covenants and agreements further to secure Bond payment, tc prescribe further limitations and restrictions on Bond issuance, to surrender rights and privileges of the Community Facilities District, to make modi- fications not of fectf ng any Outstanding Bonds for the Purpose of curing any ambiguities, defects or inconsistent provisions in this Resolution, provided that the modifications or amendments do not adversely affect the rights of the holders of any Outstanding Bonds. (b) For any purpose with the consent of the holders of 60X of all Bonds then Outstanding (exclusive of Bonds owned by the Community Facili- ties Oistrict or the City) provided, however, that no modification or amendment shall, without the express consent of the affected bondholders, reduce the principal amount of any Bond, reduce the interest rate payable thereon, extend the maturity or the time for paying interest thereon, change the no net ary medium in which prin- cipal and interest is payable, or create an interest in the Special Taxes superior to the interest created pursuant to this Resolution or reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or one ndment so consented to shall be binding upon the Holders of all of the Bonds, and shall not be deemed an infringement of any of the provisions of this Resolution or of the Act, whatever the character of such r_t may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after such consent relating to such specified matters has been given, no Bondholder shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Community Facilities District or any officer thereof from taking any action pursuant thereto. (a) Cal lin Bondholders' Meetin If the Community Facilities District s a sire o o aim any such consent it shall duly adopt a reso- lution calling a meeting of the Bondholders for the purpose of considering the action the consent to which is desired. (b) Notice of Meeting. Notice specifying the purpose, place, date and hour su~meet ing shall be published once in a financial news- paper or journal of national circulation published in the City of New York, New York, such publication to be not less than sixty (60) days nor more than ninety (90) days prf or to the date fixed for the meeting. Such notice shall set forth the nature of the proposed action consent to which is desired. The Community Facilities District shall, on or before the publication of such notice, cause to be mailed a similar notice, postage prepaid, to the respective registered owners thereof at their addresses appearing on the bond register as maintained by the Fiscal Agent. Notice shall also be mailed to each Bondholder who has filed his nave and address with the Fiscal Agent for this purpose. The place, date and hour of holding such meeting and the date or dates of publishing and mailing such notice shall be determined by the Community Facilities District in its discretion. The actual receipt by any Bondholder of notice of any such meeting shall not be a condition precedent to the holding of such meeting, and failure to receive such notice shall not affect the val idity of the proceedings thereat. R certificate by an appropriate officer of the Community Facilities District approved by resolution of the Community Facilities District, that the meeting has been called and that notice thereof has been given as herein provided, shall be conclusive as against all parties and it shall not be open to any Bondholder to show that he failed to receive actual notice of such meeting. (c) Voting Qualifications. The Fiscal Rge nt shall prepare and deliver to the chairman o the meeting a statement of the names and addresses of the registered owners of fully registered Bonds, such statement to show maturitf es, serial numbers and the Drincipal amounts so that voting qualifications can be determined. No Bond- holders shall 6e entitled to vote at such meeting unless their names appear upon such statement. No Bondholders shall he per- mitted to vote with respect to a larger aggregate principal amount of Bonds than is set against their names on such statement. (d) Issuer-Owned Bonds. The Community Facilities District covenants thatit wi lwilT present at the meeting a certificate, signed and verified by one member thereof and by the Treasurer, stating the serial numbers, maturities and principal ano unts of all Bonds owned by, or held for account of, the Community Facilities District or the City, directly or indirectly. No person shall be permitted at the meeting to vote or consent with respect to any Bond appearing upon such certificate, or any Bond which it shall be established at or prior to the meeting is owned by the Lanmun ity Facilities District or the City, directly or indirectly, aM no such Bond (in this Resolution referred to as "issuer-owned Bonds") shall be counted in determining whether a quorum is present at the meeting. (e) Quorum and Procedure. A representation of at least sixty percent rn aggregate principal amount of the Bonds then Outstanding (exclusive of issuer-owned Bonds, if any) shall be necessary to constitute a quorum at any meeting of Bondholders, but less than a quorum may adjourn the meeting from time to time, and the meeting may be held as so adjourned without further notice, whether such adjournment shall have been held by a quorum or by less than a quorum. The Community Facilities District shall, by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized Dy the election of a permanent chairman and secretary. Rt any meeting each Bondholder shall be entitled to one vote for every E5 ,000 principal amount of Bonds with respect to which he shall be qualified to vote as aforesaid, and such vote may be given in person or by proxy duly appointed by an instrument in writing presented at the meeting. The Community Facilities District and/or the Fiscal Agent by their duly authorized represen- tatives and counsel, may attend any meeting of the Bondholders, but shall not he required to do so. (f) Vote Re wired. At any such meeting held as aforesaid there shall be su ,tte for the consideration and action of the Bondholders a statement of the proposed action consent to which is desired, and if such action shall 6e consented to and approved by Bondholders holding at least sixty percent (60X) in aggregate principal amount of the Bonds then Outstanding (exclusive of issuer-awned Bonds, if any) the chairman and secretary of the meeting shall so certify in writing to the Community Facilities District, and such certificate shall constitute complete evidence of consent of the Bondholders under the provisions of this Resolution. A certificate signed and verified by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certificate relating to proceedings taken at such meeting. ARTICLE VIII. MISCELLANEOUS CONDITIONS SECTION 23. Ownership of Bonds. The person in whose nave any Bond shall be registered s a eeme and regarded as the absolute Owner thereof for all purposes, and payment of or on account of the principal and redemption premium, if any, of any such Bond, and the interest on any such Bond, shall be made only to or upon the order of the registered Owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. SECTION 24. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured here y s a ecome mu a a e or estroyed, stolen or lost, the Legislative Body shall cause to be executed and authenticated anew Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed, stolen or lost, upon the Owner's paying the reason- able expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Legislative Body of evidence satisfactory to it and to the Fiscal Agent thereof that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnish- ing the Legislative Body with indemnity satisfactory to it. SECTION 26. Cancellation of Bonds. All Bonds paid or redeemed, either at or before maturity, shall be cancelled upon the payment or redemption of such Bonds, and shall be delivered to the Fiscal Agent when such payment or redemption is made. All Bonds cancelled under any of the provisions of this Resolu- tion shall be destroyed by the Fiscal Agent, which shall execute a certificate in duplicate describing the Bonds so destroyed, and shall retain said executed certificate in its permanent files for the Bonds. SECTION 26. Additional Bonds. If at any time the Community Facilities District Deter- mines that it will not have sufficient monies available fr an other sources to Day its share of the costs of the cons tr utt ion or acquisition of the Public Facilities, the Community Facilities District may provide for the issuance of and sell Additional Bonds in such principal amount as it estimates will be needed for such purpose, sub,{ect to the following conditions precedent to such sale: (a) The amount of such Additional Bonds, when combined with the Series "A" Bonds, shall not exceed the anount authorized for the Community Facilities District. (a) UDon default of any Special Tax payment due, it will cause fore- closure proceedings to be Drought within one hundred fifty (150} days of such default and thereaFter diligently prosecute to comple- tion such proceedings. (b) The Community Facilities District shall preserve and protect the security of the Bonds and the rights of the bondholders and defend their rights against all claims and demands of all persons. Until such time as an anount has been set aside sufficient to pay Out- standing Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the Community Facilities District will faithfully Derform and abide 6y all of the covenants, undertakings and provisions coot ained in this Resolution or in any Bond issued hereunder. (c} The Community Facilities District will diligently carry out and continue to canpl et ion with alt practical dispatch, the acquisition and construction of the Public Facilities in accordance with the Act and the proceedings for the formation of the Community Facili- ties District and in a sound and economical manner. The Pu61ic Facilities to be acquired or constructed may 6e ane nded as provided in the Act, but no anendme nt may be made which would subst antiai ly impair the security of the Bonds or the rights of the bondholders. The Community Facilities District will maintain the Public Facili- ties in accordance with customary and reasonable maintenance aM repair practices for such facilities. (d) Except as otherwise permitted herein, Lhe Community Facilities District will not issue any other obligations payable, as to Drin- cipal or interest, from the Special Tax revenues which have, or purport to have, any lien upon the Special Tax revenues superior to or on a parity with the lien of the Bonds herein authorized; pro- vided, however, that nothing in this Resolution shall prevent the Community Facilities District from issuing and selling, pursuant to law, refunding bonds or other refunding obligations payable from and having a first lien upon the Special Tax revenues, if such refunding bonds or other refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the Bonds authorized by this Resolution and then Outstanding. (e) The Community Facilities District will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds issued hereunder on the date, at the place and in the manner provided in said Bonds, solely from the Special Tax revenues and other funds as may be herein provided. (f) The Community Facilities District will each year levy the Special Tax described in Ordinance No. 263 to the extent necessary and permitted by the Act and these proceedings in order to yield, together with the monies received pursuant to the Loan and Pledge Agreement, the required debt service payments and to replenish the Bond Reserve Fund as provided fdr herein. (g) The Community Facilities District will at all times keep, or cause to be kept, proper and current books and xcounts (separate from all other records and accounts) in which complete and xcurate entries shall be made of all transactions relating to the acq ui sf icon or construction of the Public Facilities and the Special Tax revenues and other funds herein provided for. (h) The Community Facilities District shall preserve and protect the security of the Bonds and the rights of the bondholders and defend their rights against all claims and demands of all persons. Without limiting the generality of the foregoing, the Community Facilities District covenants aM agrees to contest by court action or otherwise (a) the assertion by any officer of any government unit or any other person whatsoever against the Community Facilities District that (i) the Act is unconstitutional, (ii) the Special Tax is invalid, or (iii) the Special Tax revenues cannot be paid 6y the Community Faci- lities District for the debt service on the Bonds, or (b) any other action affecting the validity of the Bonds or diluting the security therefor, or (c) any assertion by the United States of Anerica or any department or agency thereof or any other person that the interest received by the bondholders is taxable under the Federal income tax 1dw5. (i) The Community Facilities District will make no use of the proceeds of the Bonds which will cause the Bonds to be "arbitrage bonds" subject to Federal income taxation by reason of Section 103(c) of the Internal Revenue Code of 1954, as anended. To that end, so long as any of the Bonds are Outstanding, the Community Facilities District, with respect to the proceeds of the Bonds, shall comply with all requirements of said Section 103(c) and all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at the time, ,p plic ab le and in effect. (j) Whenever any property in the Community Facilities District which is owned by any governmental entity and leased by such governmental entity to any private person or persons for private use, the property shall be assessed and taxed in the same manner as privately owned property. (k) The Community Facilities District shall neither authorize nor permit advance payment of any special tax obligation so as to impair the security for the Bonds. SECTION 30. Arbitrage Certificate. On the basis of the facts, estimates and circum- s at nces now n exis ence and in existence on the date of issue of the Bonds, as determined by the Treasurer, said ire as urer is hereby authorized to certify that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Such certification shall be delivered to the purchaser together with the Bonds. SECTION 31. Defeasance. If the Community Facilities District shall pay or cause to be pfd, or shall have made provisions to pay, or there shall have been set aside in trust funds to pay, to the holders of the Bonds, the principal and interest, and premium, if any, to become due thereon, then the pledge of the Special Tax revenues and all other rights granted hereby shall thereupon cease, terminate and become void and be discharged and satisfied, and Special Tax revenues shall no longer be payable to the Fiscal Rge nt on account of the Bonds. SECTION 32. Designation of Fiscal Agent. The BANK ff PMERICA NT 6 SA is hereby designafed-Fisca~genf-witTi respect to these proceedings and the Bonds to be issued. The Fiscal Agent shall act as the agent and depository of the Community Facilities District for the purpose of receiving Special Tax revenues and other funds as provided in this Resolution, to hold, allocate, use and apply such Special Tax revenues and other funds as provided in this Resolution, and to perform such other duties and powers of the fiscal Agent as are prescribed in this Resolution. The legislative Body may remove the Fiscal Agent initially appointed or any successor thereto, and in such case shalt forthwith appoint a successor thereto authorized to conduct and conducting business in the State of California. SECTION 33. Official Statement. The Official Statement, as prepared and submitted, is ere y approve and adopted, and execution and distribution of the Official Statement to prospective purchasers of the Bonds is hereby authorized. A copy of said Official Statement shall be kept on file with the transcript of these proceedings and remain open for public inspection. Authority to approve any changes therein is hereby dele- gated to the City Manager or City Attorney, whose decision with respect to such changes shall be final and binding. The City Manager is authorized to execute the Official Statement. SECTION 34. Authority to Levy Special Tax. The Legislative Body, on behalf of the ommun it~an sties istricF, shall levy the Special Tax described in Ordinance No. 263 to pay principal, interest and other periodic costs of the bonds described herein pursuant to the Act. SECTION 35. Authority to Increase the Special Tax Levy. In the event that a portion o t e property wit in t e ommun ty acil its es District shall became exempt, wholly or partially, from the levy of the Special Tax specified in Ordinance No. 263, the Legislative Body shall, on behalf of the Community Facilities District, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within the Community Facilities District which is not delinquent or exempt in order to yield the required debt service payments. The anount of the annual Special Tax will be set on or before each August 10. SECTION 36. Proceedings Constitute Contract. The provisions of this Resolution, of ee rF~soluiions provi3in~or the sate of the Bonds and awarding the Bonds and fixing the interest rate thereon, and of any other resolution supplementing or anending this Resolution, shall constitute a contract between the Community Facilities District and the Bondholders and the provisions thereof shall be enforceable by any Bondholder for Lhe equal benefit and protection of all Bondholders similarly situated by mandamus, accounting, mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent juris- diction. Said contract is made under and is to be construed in accordance with the laws of the State of California. SECTION 37. Actions by Fiscal Agent as Attorney-in-Fact. My suit, action or proceed- ing icwFiT~Bo Fiol~er sha ave t e right to bring to enforce any right or remedy hereunder may be brought by the Fiscal Agent for the equal Benefit and protection of all Bondholders similarly situated and the Fiscal Agent is hereby appointed (and the successive registered owners of the Bonds issued hereunder, by taking and holding the same, shall be conclusively deemed so to have appointed it) the true and lawful attorney- in-fact of the respective registered owners of the Bonds for the purpose of bringing any such suit, action or proceeding, and to do and perform any and all acts and things for and on behalf of the respective registered owners of the Bonds as a class or classes as may he necessary or advisable in the opinion of the Fiscal Agent as such attorney-in-fact. SECTION 38. CUSIP Numbers. CUSIP identification numbers will be imprinted on the on8 ds, inch numbers shall not constitute a part of the contract evidenced 6y the Bonds and no liability shall hereafter attach to the Community Facilities District or any of the officers of agents thereof because of or on account of said numbers. Rny error or omission with respect to said numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and pay for the Bonds. SECTION 39. Sever ability. If any covenant, agreement or provision, or any portion eref~f•, coot ained in this Resolution, or the application thereof to any person or circumstance, is held to be unconsitutional, invalid or unenforceable, the remainder of this Resolution and the application of any such covenant, agreement or provisions, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected, and this Resolution and the Bonds issued pursuant hereto shall remain valid and the Bondholders shall remain all valid rights and benefits accorded to them under this Resolution and Lhe Constitution and laws of the State of California. If the provisions relating to the appointment and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the Treasurer. SECTION 40. Modifications to Resolution. The, City Man agar is hereby authorized to ma a minor c angel an mo i ications not of a substantative nature to the terms and conditions as set forth in this Resolution as requested by insurers or rating agencies, as it relates to the issuance and sale of these Bonds. Any such changes shall be subject to written approval of Band Counsel, and any change of a subst ant alive nature shall be submitted to the City Council for final approval. ARTICLE [X. BOND FORM SECTION 41. Form of Bonds. The format of the Bands as authorized and to be issued for es~e pings shalt be substantially in the form as set forth in the attached, referenced and incorpor ated-Exhibit "A". APPROVED and ADOPTED this day of 1985. CITY OF RANCHO CUCPMONGA STATE OF CAL IFORN IR ATTEST: CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ExNletr ^A'• FORM OF BONO United States of Anerica State of California Number [ - ] CE CITY OF RANCHO CUCMIONGA COMMUNITY FACILITIES OIS TRICT N0. 84-1 (DAY CREEK ORAI NAGE SYSTEM) SPECIAL TqX BONDS SERIES "A" iNTERE ST RATE: MATURITY DRTE: BOND DATE: CUSIP: COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK IXtAI NAGE SYSTEM) of the City of Rancho Cucamonga, County of San Bernardino, State of California, duly organized and existing under and by virtue of the "Mello-Roos Community Facilities Act of 1982", as amended, Sections 53311 and following of the Government Code of the State of California (the "Act"), hereby acknowledges its indebtedness and promises to pay to or registered assigns, the sum of on the maturity date stated above with interest thereon at the rate per annum, stated above, interest payable semiannually on the first days of February and August of each and every year commencing February 1, 1986, and continuing until this bond is paid. Both principal of and any premium upon the redemption of this bond prior to maturity are payable in lawful money of the United States of America upon presentation of this bond at the office of the Fiscal Agent in Los Angeles, California. Interest shall be paid by check or draft mailed to the registered owner of record as of the close of business on the fifteenth day of the month next preceding the interest payment date at the address shown on the registration books. Interest on this bond shall be payable from the interest payment date next preceding the date of registration hereof, unless such date of registration is an interest payment date, in which event interest will be payable from such date of registration, or unless such date of registration is prior to the date of bonds, in which event interest will be payable from the date of said bonds. Unless this bond matures on or prior to August 1, 1992, it is redeemable prior to maturity in accordance with the provisions for redemption endorsed hereon. Any tax for the payment hereof shall be limited to the annual special tax authorized under the Act and Ordinance No. 263 adopted by the City Council of the City on June 5, 1965, to be collected within Community Facilities District No. 84-1 (Day Creek Drainage System) of said City, except to the extent that provision for payment has otherwise been made by the City Council, as may be permitted by law. The bonds do not constitute obligations of the City of Rancho Cucamonga or the Community Facilities District for which said City or the Community Facilities District is obligated to levy or pledge, or has levied or pledged, general or sped al taxation other than as described hereinab ove. The City Council has conv en anted for the benefit of the owners of the bonds that it will canmence within one hundred fifty (150) days and diligently pursue to completion appropriate foreclosure actions in the event of delinquencies of any special tax installments levied for payment of principal and interest. REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF HHICH SHALL FOR ALL PURPOSES HAVE THE SPME EFFECT AS THOUGH FULLY SET FORTH HEREIN. This bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent, IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other indebted- ness of said Community Facilities District, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN NITNE SS NHEREOF, Community Facilities District No. 84-1 (Day Creek Drainage System) has caused this bond to 6e signed in facsimile by the Mayor and City Clerk of the City of Rancho Cucamonga, California. CERTIFICATE OF AUTHENTICATION COMMUNITY FACILITIES DISTRICT N0. 84-1 AND REGISTRATION (DRY CREEK DRAINAGE SYSTEM) This is one of the bonds described in the Resolution of Issuance of the City Council of COMMUNITY FACILITIES DISTRICT N0. 64-1 the City of Rancho Cucamonga, (DAY CREEK DR A[NAGE SYSTEM) which has been registered [SEAL BANK OF PMERICA NATIONAL TRUST 6 L K, Y H U NG , SAVINGS ASSOCIATION COMMUNITY FACILITIES DISTRICT N0. 84-1 as Fiscal Agent (DAY CREEK DRAINAGE SYSTEM) By: D PROVISIONS OF REDEMPTION OPTIONAL REDEMPTION: The Bonds maturing on or before August 1, 1992, are not subject to call and redemption prior to maturity, The Bonds maturing on and after August 1, 1993, may be called before maturity and redeemed at the option of the Community Facilities District, fran any source of funds, on August 1, 1992, or on any Interest Payment Date thereafter as a whole or in part, but not in a total redemption ano unt of less than E20,000.00. The Bonds are subject to optional redemption in inverse order of maturity (if less than all of the Bonds Outstanding of any maturity are called for redemption, such Bonds to be so redeemed shall be selected by the Trustee by lot), at a price equal to the principal anount thereof plus accrued interest, plus a premium equal to one-half percent (.50X) of the principal anount of bonds so called for redemption for each year or portion thereof from the date of redemption to the scheduled maturity date, but in no event more than two and one-half percent (2.50X). MANORTORY SINKING FUND REDEMPTION: The Tenn Bonds maturing August 1, 2005 are subject to mandatory sinking fund redemDt ion prior to maturity at a redemption price equal to 100X of the principal anount to be redeemed plus accrued interest to the date of redemption. The Tenn Bonds to be redeemed will be selected by lot. For the purposes of such selection, Tenn Bonds will be deemed to consist of E5,000 portions, and any such portion may be separately redeemed. The Tenn Bonds will be redeemed on August 1 in the principal anounts and years as shown in the following redemption schedule: Year Principal Redeemed 2000 E 1,210,000. 00 2001 1,320,000. 00 2002 1,445,000. 00 2003 1,575,000. 00 zooa 1,7zs,ooa. oo 2005 1,880,000. 00 PROVISIONS FOR REGISTRATION Each registration and transfer of registration of this bond shall be entered by the fiscal Agent in books kept 6y it for this purpose and authenticated by its manual signature upon the certificate of authentication and registration endorsed hereon. No transfer hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner's order, Interest on this bond shall be payable to the person whose nave appears upon the registry books as the registered owner hereof as of the close of business on the fifteenth day preceding the interest payment date, or to such person's order. The Fiscal Agent shall require the bond owner requesting transfer or exchange to pay any tax or other governmental charge required to be Daid with respect to such transfer or etch ange. ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto the within-ment lone registere on and ere y irrevoca y constitute s and appoint(s) attorney, to trans er the same on the 60o s o the isca gent with u power of substitution in the premises. Date: Signature Guaranteed by: o ice: a assignors signs ure o is assignment must correspond with the name as it appears upon the face of the within bond in every particular, without altera- tion or any change whatever. PlA2P ~5. NICpaPoAI~TEa 3t B;-A Ai nvay Avenue Costa Mesa. ~I~.10In la 92626 i14 662-3]60 July 30, 1985 Mr. Jon Mikels, Mayor City of Rancho Cucamcnga - City Hall 9320 Baseline Road P.O. Box 807 Rancho Cucamonga, CA 91730 SUBJECT: Tentative Tract 110349 Dear Mr. Mayor: Due to additional conditions imposed on the above- mentioned subdivision, Plaza Builders, Inc. is respectfully requesting a continuance (extension) of this matter until August 21st 1985. In order to eliminate a major discussion during the city council meeting, prior to the 21st, we shall sub- mit to the Ad Roc Commit[ee all final drawings, engi- neering etc., necessary for review and approval. If Thursday, August 15th, 1985 is available for this last committee meeting, please advise us. Thank you in advance for your concern in this natter. Res c lly, Tim C. Marqu Vice Presid of Operations Plaza Build s, Inc. TCM/cb A Subsidiary of Cahfomia Frderai Savor qs and l.nan A950lH aV On A \ '~` O ~'~: ~~ ~~~~ •~ r----~ -- I ~ 1~ V - I J J ~~ Q ^O I1 .`~i~ yt!(10~ SN33(10 OVO!! AVM31~ N -.. ~N)x 1 << 7 (I/~ 1 x r, ~~ [F ~~ h W _3 Q _: - •. 1 i0: h1E FIBCRS OF TI1E RANCHO CUCAMONCA CITY COUNCIL FROM: HOMEOWNERS Of RANCHO CUCAMONGA HE: TREE REMOVAL FOR TRRCi 10277 We the undersigned, residing in Rancho Cucamonga, have eucalyptus trees in cur yards that were left there by the developer. Rt first, these trees appeared beautiful, but as soon as we had to live with them for a short while, we found these wind row Blue Cum Eucalyptus to be our worst enemy. I now wish that there would have been most any other variety of tree. Again, the trees are beautiful From a distance, but are anything but beautiful when you have to live with them. They are filthy to say the least and nothing will grow under them. They are not compatible with swimming pools, tailored yards or the shallow irrigation associated with residential development. Shallow irrigation means shallow root systems which can result in wind failures and liahility problems. Located far enough away from our yard to enjoy without the burden of keeping these dirty trees clean, pruned, topped and presentable would be our choice. We the undersigned are in agreement with the developer's wishes et King Ranch and believe that replanting a more compatible species of eucalyptus for every Olue Cum removed would be a better solution. NAME; ~( ~--- ~l~l :mot ..~. .`, ~1.~~~ ~/ 1/ /) !~ STREET ADDRESS PHONE N0. i. Sll! n~001+5>oNE 7r4~9P9-d4B/ ry ~~ /~ // cc- k`d TI=AC'r 1OL77 5101 ~ ~'~~ %)..ifi `l.Pc >'y~,' 9fC ~3! ~ I ~-~ I ~ ~Q} ~- ~~ ~" ~ r T0: MEMOERS OF ?HE RANCHO CUCAMONGA CITY COUNCIL FROM: HOMC OWNC P.; GF RA"iCHO CUCAMONGA RE: TP.CE P.EMOV AL FOR TRACT 10277 Ne the undersigned ere in agreement with the developer's need to pull any Blue Gum F.uca]yptus that lie within the recorded lots of Tract 10277 at King Ranch Estates end believe that replanting a more compatible species of eucel ypt us or other tree for every Rlue Gum removed would be the best solution for the developer end save the city from the threats of IiaGi li~.rs ~~~= to tree. failures. .`t STREET ADDRESS ~ ~~ >> ~, ~<~ 1 ~lD ~/,,2 /~'9 ~~ l oHONC N0. i r~ / ~ 1 k ~ 27 2~l -°L-L~ .~9=7 49!x.--- -- /=~--~-3yv 5'.S'~i-,a 3 %~ 1 ,-. ~ .,- i. ..c~~.~LL~~-' r,~ ~ i~L~~ ~ r>`t~:~'~v.~1au's~a _ ~ ' ~ P9_.- 11,. ~_~. `d `l 9 3 ~e, tt ~9 v~- a~.,, n ~~' ~. _. _L~" 3`~LL_.... yr~i ~ l~/~•J ~~~. _~~~_ YSrY~/S c. ~ %. ~ (, _ / ~p 70: MEMBERS OF THE RANCHO CUCAMONGA CITY COUNCIL FROM: HOMEOWNERS OF RANCHO CUCAMONGA RE: TREE REMOVAL FOR TRACT 30277 We the undersigned are in agreement with the developer's need to pull any Blue Cum F.ucel yptus that lie within the recorded lots of irect 10277 et King Ranch Estates and believe that replanting a more compatible species of eucalyptus or other tree for every Blue Gum removed would be the best solution for the developer end save the city from the throats of liabilities due to tree fei lures. NAME Sri c `~ STREET RDDRESS PHONE N0. Rk a 7 /, iij~.~ro_ ~~~i.~,, k:1 ~ ~ R 7 - y/ d 7 .~/C'/ .J~~..~~:~.~ ~~17~5iS~i~ ,5/ 5"/ X77„~r,'~ `~Z-_ ti~a~ 4 ti v S- llCc-a~ C+~-7~'~ 98 l ~~.1 ~~ kk'y~ ~r ~~ ~~ gf7 ~33~ i i CI'T'Y OI' Rr~i1CI-K) CL'C~11I0\(;A r[.n~v:vi~c, ~n~islc~ /~/c~ie. ~ cJU~e ~9,/9~s r-' ITli~l: /D Z ~ 7 TITLIi i ~ V/ 'v'FYIi.. /'. ' ., ,.. i < , , / ~ ~ • a 'c`rf ,i `F ~` ~ ? Mid ~. ^~•'~,~` ,,, // 1t (i n i= ml ~j ~J`~ / T/ ~~F- G~ ~a-c.,~61.a. yUl (~°- 'T~ C.d h~`h / V .__ .___.. 'rjJi. C.t //~~o /l r• i-; // Gc1.. ~ c~C. / l i t c-/c~ c c7/.z~ ~ ~ ~ ~z t ~~' ? ". L/t~ f .1 C.4n • ~ Gv~l~-L l~ CL L 02.~.. G~ L • ~~f t"' :y. ~' ~~~~ . t .t,..... , ~.e~t..o-a rw - -'~~ 6 ~G"f {ii :t The following motion suggested by the City Attorney: "The condition of approval would be for $2,000 with all the amenities for front yard landscaping as read off by the mayor will be offered by the developer. The developer will offer the contractor to do it. It shall be done within 120 days of close of escrow. if homeowner doesn't agree to it, he sacrifices the $2,000. MOTION: Moved by Dahl, seconded by Wright to approve the suggested motion by the City Attorney. nrmv nc+ n e wrr vn rr rr a nxnnrr e • STAFF REPORT August 7, 1985 ,, ~~~ T ~I 'A F:I $ Z v P TO: City Manager and City Council FROM: Robert A. Rizzo Assistant City Manager SUBJECT: Refuse Permit Background Information and Agreements 19ii Contained herewith is all the required information pursuant to Rancho Cucamonga Municipal Code Chapter 8.17.250 and signed permit agreements from each of the four refuse collection services. Each of the permit agreements are identical except for the service areas }o be served pursuant to Chapter 8.17. Moreover, the City Attorney has approved all the agreements as to form. Each agreement is for a six year period with a renewal provision provided the City is satisfied with the service, and the permiltee has adhered }o all requirements of the Municipal Code and the permit agreement. If you have any questions or concerns regarding this matter, feel free To contact me. RAR:mk 7