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HomeMy WebLinkAbout1985/09/04 - Agenda PacketS° ~~cn.Hp f' ~~•~ R~!VC7O-Fp CUGa110nCu\ l~ ~ CITY COL':vCIL F g z AGEtiII~1 :] > 1977 Lione Park Communi Cy Center 9161 Baae Line Road Rancho Cucemonge, California S~yo[ ~ 4. 1985 - 7:30 p.m. All item mvbmitted for the CitT Covmc it Agenda pmt be iv mritivg. The deadlive for ambmittiag these i[eo is 5:00 p.~. ov the Yedveadq prior to the meetivg. The Ci[y C1 erk'a Office recei~ea all wch itsa. 1. CALL ZO 0[DEA A. Pledge of All eg fence [o Flag. • B. Aoll Call: Hr fight _, BuQuet _, Mikels _, Dahl _, and Ring _. C. Approval of Ninutes: July 31, 1985 2 AOOOtC9®TS/PYESATATIOIS A. Thuredey, September 5, 1985, 7:00 p.m. - NIS TORIG PRESERVATION COMMISSION, Lione Park Community Center. B. Wednesday, September ll, 1985, 7:00 p. m. - PLANNING CONMISSIOfl, Lione Park Community Center. C. Thursday, September 12, 1985, 7:00 p. m. -JOINT CITY COUNCIL 6 CUCANONCA COUNTY WATER DISTRICT, Linna Park Community Center. D. Thursday, September l9, 1985, 7:30 p.m. - PART( DFV FLOPMENT COMMISSION, Lions Park Community Center. E. Thured ay, September 26, 1985, 7:30 p.m. - ADV LS ORY COMMISSION, Ciens Pxrk Community Center. City Gou nc it Agenda -2- September 4, 1985 . 3. COfSBfT CAL®at The follamimj Cwaea[ Calendar items are ezpec led to be rw tiae and mon-cwttoaeraial. Sbep mill be ae tad span by [he Comeit at we tiae mithw[ diacmaiw. A. Approval of Nazrants, Register Ro'a. 85-09-04 and L Payroll ending 8/18/85 for the Coal aaounc of $ 937 ,6 %.66. B. Pormard Claim (CL 85-024) againe[ the City by Mitbeel r Kinky, auto accident, September 13, 1984 on Pooth ill Boulevard. C. Forv nrd CLe im (CL 85-025) againe[ the City by Lee Allan U Slot ts, nueo etc iden[, Mey 26, 1985 m Scale Route 30 (Highland Avenue) end Etivanda Avenue. D. Porverd Claim (CL BS-026) against the Ci [y by Thwaa P. 19 Skuae, auto damage, August 17, 1985. E. Approval of Parcel Map 9248 located north of Tryon 2L Street be[reen Jadeite nod Archibald Avenues, submitted by Mark sod Tw 0yeda. • RESOLUTION N0. BS-255 22 A RESOLUTION OF THE CITY COllNCIL OF TAE CITY OF RANCHO CU CANONCA, CALIFORNIA, APPROVING PARCEL HAP 9248 (TENTATIVE PARCEL MAP 9248) F. Release of Bond: :} 5727 CA_nuEL Iglu - Ovnnr, Richard E. Harney. Releae e: Labor d Materiels Hood $6,550.00 TRACT 9369 - Located a[ the nor[heae[ corner of Arch ib eld end Vic [or ia; amner, M.J. Brock S Sone, Inc. Rel seas: Pe ithful Performance Hond $225,000.00 RESOLUTION NO. 85-256 Zi A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RAN CRO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS POR TRACT 93fi9 AND AU TNORlZ ING THE FILING OF A NOTICE OF CONPL ETION FOR THE NORR City Council Agenda -3- September 4, 1985 • C. Approval to release Inettument of Credit and Agreement .6 from Robert nod Raters Packer for impr wemen[a a[ Hel lmnn Avenue and Foothill Boulevard. R. Approval of n Real Property Improvement Contract and 27 Lien Agreement nubm i[ted by Larry Runc 1, et al, for a single family ree ideate Located at 13330 Csasie Street. RESOLUTION N0. 85-257 35 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RARCHO COCAMONGA, CALIFORNIA, ACCEPTIRC A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEl7 AGAEEMEIVT PROM LARRY EllNCL, ET AL AND AU1710RI2INC TAE MAYOR AND CITY CL ERR TO SIGR TvE sANE I. Approval of Ree of ut ion epprw ing the ew iromen[al 35 anaeeament sad iaeueace of a Categorical Exemption for [he proposed Vineyard Avenue Rec ona[ruction. RESOLUTION N0. 85-258 4A A RESOLUTION OP THE CITY COUNCIL OF TRR CITY OP RANC110 CL'CANONCA, CALIFORNIA, APPROVING • THE ENVIRONMENTAL ASSESSMENT INITIAL S1VDY AND ISSUANCE OP A CATEGORICAL EREMPTIOA FOR THE PROPOSED VINEYARD AVENUE RECONSTRUCTION INPROV ENENTS BETNEEN CARNELIAN AVENUE AND BASE LINE ROAD J. Approval of Tmpr ovement Agreement and Improvement +9 Security for Tract No. 10047, located on the south aide of Rilleid e, east of Arch i6 old Avenue, aubm it [ed by The Penh ill Company end release of previously accepted improvement agreement end improvement sec uricy. RES OLOTION N0. 85-259 58 A RESOLUTION OF THE CITY COURC IL OP 171E CITY OP RMCHO COCAMONGA, CAL IFORA IA, APPROVING INPflOVEMENT AG REEMERT AND IMPROVEMENT H RCORITY POR TRACT N0. 10047 AND REL EAS INC INPROV ENENT AG RE EH ENT AND IMPROVEMENT S ECORITY FOR TRACT N0. 10047 PREP IOU SLY ACCEPTED BY CITY COUNCIL R. Approval of Imprav amen[ Agreement end Improvement 39 Security for Tr ac[ 10210, located north of Almond, east of Sapphire, suhmi[[ed by Fu rec aeC Mortgage Corporation. City Council Agenda -4- September 4, 1Y85 RBSOLUTION N0. 85-2fi0 gy A RBSOLOTIOB OP THB CITY COUNCIL OF THE CITY OP RAIICHO COCANONGA, CALIFORNIA, APPROV INC IMPROPEMEIPT AGREEMENT AND INPROV 6MERT SECURITY AND PINAL MAP OP THACT N0. 10210 L. Approval of Improvwent Agrewent and Iaprovwmt 69 Security for Parcel Nap 8815, located on the rest aide of Beryl, aonth of 19th Street, submitted by Citation Hosea and releasing Ispravwen[ Agrewent and Sec ur it7 approved on June 19, 1985. RESOLUTION N0. BS-261 75 A RESOLUTION OF THE CITY CODNCIL OP THH CITY OP RMCHO CDCANONGA, CALSPORRIA, APPHOV LIC INPROP&IpIT AGREEMENT AND IlIPROVRMHIIT SECURITY POH PARCEL MA_v 8815 AIfD RELHAS IBG PHEV IOUSLY APPROV® INPROPBMEIiT AGRLEMEIIT ARD IMPROP9tElVT SBCDHITY M. Approval of Improvwen[ Agre<aent and Impravwent 77 Security for CUP 82-12 locates on the northeast Cotner of Church Street sod Turner Avenue, aubaitted by .. • Ch ildrene Norld, Ins. RESOLUTION N0. 85-262 A+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, APPAOV ING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 82-12 N. Approval of Sen Bernezd ino Hoed end Church Street KS Imprwwent Project end author is ing the City Eag ineer [o file n Notice of Completion, rtl ease retention and authorise final payment. Performance surety to be held for oae year from date of ecceptaac e. Re [cation: $21,836.54 RESOLUTIOfl A0. 85-263 F,7 A RESOLUTION OF THE CITY COUNCIL OP ^iHE CITY OP RANCHO CUCANONG A, CALIFORNIA, ACCEPTIAG THE PUBLIC IMPROV ENENTS POR THE SAN B ERNAADINO ROAD AND CRURCA STAEET IHPROV EMENT PROJECT ANO AU TN ORIZ ING THE FILING OF A NOTICE OP CONPL ETION FOR THE WORR I City Council Agevde -5- September 4, 1985 0. Approval of arszd of the Carnal inn Beautification b8 • Project to Artistic Lavdecape and Evgiveering, Inc. (CO 85-88), the loves[, rea poneib le bidder far the bid in the count of $273,769.80. P. Approval of erard of the Baee Line Roed from Teak May 9C [o Baven Avenue Project [o Laird Construction (CO 85-89), the loves[, responaib le bidder for a bid amount of $534,211.44. Q. Approval of evard of Arc hibeld Aveoue Sever and Scree[ 94 Cons [ruction Project Co the loves[, rea ponaible bidder, T.A. Rivazd (CO 85-90) foz the bid amount of 52,178,035.85. R. Ap prowl of Agreaent rich the County of San Bernardino 1C1 (CO SS-91) to provide Cbaicel Peed Abatement Service. S. Approval of Street PronCage Construction Agree.evt (CO l09 85-92) between the Southern California Edison Company and the City of Haacho Cucamonga. RES OLOTION N0. 85-264 116 A RESOLUTION OF THE CITY COONC IL OP THE CITY OY RANCflO WCAMONCA, CALIPORNIA, APPROY INC STREET PRORTAGE CONSTRUCTION AGREEMENT AND GRANT OP EASEMENT BEINEEN THE SOUTR ERN CALIFORNIA ED IS ON COMPANY AND THE CITY OF RANG90 CUCANONGA T. Approval of agreement vich Nill ism Lyon Co. (CO 85-93) Ili for canetruct ion o£ model homes i^ Tracc 12833 prior to final eubdiv ieioa map recordation. U. Approval of [he Beryl Park Soccer Field Lighting 1G9 project ea completed sad auehor iae final paymen C• Y. Approval of profen iooQ services ogre®ent rich 150 Service l4rter (CO 85-94) Eor janit or isl and maintesaace services ehroughout city off is ee. W. Set pnbl is beer ing for September 18, 1985 for Foothill B oul evezd Study: Interim Pol iciee. City Council Agenda -6- September 4, 19E5 •. Am~EITIRID mar.rc mumrcc A. EtayIRORNEET•r. Ac cESCNE[7T • DEV OPNEItT OD Aw ENDr^NT 85-02 - CIR fIP R•Rran rnr•wnw• _ Amending Section 17.04.OSOD concerning off-site park iag lots to inc lode additional language to clarify public safety issue e. I[® continued free August 21, 1985 meeting. OEDIRMCE N0. 271 (set o¢d reading) 170 M ORDIEMCE OP TEE CITY COOECU OP THE CITY OP RMCEO COCMONGA, CALIFORNIA, APPROVIRG DEVELOPNHNT CODE ANEIfDNENT 85-02, MEIPDINC TITLE l7, SECTION 17.04.OSOD OF THE MUNICIPAL CODE, lA RELASION TO OPP-SITE PARR ING E. ftRVIRONM®PT [ Acc ccNERT I11DOCTB •r cPP MERDNPRT 85-02 - ITY OP •Rrnn nnneNnpr• _ ,vending Section E., Parking sod Lotding Req ui re.en[• (page III-26) to include defined interior building area that coo be deducted from [be overall parking require.enta; Section E.3, Perking Spae ea Required (page III-29) to include a parking ratio for reaenrth and development uses; end Table III-2, Land Dee Definitions for reaeezch and development uses and ide¢t if ication of the • applicable subareas (Table III-1 ). Item continued from Augue[ 21, 1985 meeting. ORDINANCE N0. 272 (second reading) ~)~ M ORDINMCE OF THE CITY COUNCIL OF 1AE CITY OF RMCfLO CUCMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLM MENDMENT 85-02, MhtiDING 1RE LRDUSTRIAL MEA SPECIFIC PLM REGARDING PARR ING STMDABDS FOR RESEMCtl 6 DEVELOPNEIVT MD DEL INEATINC INTERIOR BUILDING AREAS TRAT CM 6E DEDUCTED PROM PARR ING REQOIBRBNTS C. ePYPAr OP PrAmrttr_ rOIOAISCIOE OB IaIOR ON OHOITIO A[ L73 USB PERMIT 78-03 - BO a•c nr•n - M appeal by the applicant of the Planning Commission's conditions modifying the 6oura of oDeretioo end elimination of live enter tai¢ment for the Boar's Reed Bar and Grill, located flf the nor thweat corner of 19th Street and Ca reel ien Avenue - APR 208-811 -59. C i[y Council Agenda -7- Se pc em6 er 'r, 1985 • D. !Vp At OP .AmAIAG GONNISSIOA D. ISLOA OA -DADITIOA I 193 USH PHANIT 83-I1 - DATA DESIGN - M appeal by the appl itant Of [be Planning Co®iea ion's dec ieion regard iag conditions of approval rel nt ive to a [ice e:tenaion and fro tmporary office trailers located at 7915 Center Avenue. RO ITEMS SOBNITTED AO ITEMS BOBMITTED A. DISCDSS PflOCESS BY AHICH ADP ISOflY CONNISSIOAEBS AAA ApPOIHTHD - Item continued from July 31, 1985 testing. I v. r J J um r W..yry _ ' G- W 1- S J J W L .l 1- U 4 '^ • ' Q .1 T•-1 VYFl~1, ~r UIM Jl~~ti C] •.'mW(.7 JNU1.1r ' r~ m o, .-. ', W LLV .mil W N ^ .r m ~ P ~- .Ji v p• N .,^ S T - - Nrl .t .C JfrtJP 'JTNIn ~: .t,PO~r •~J'u'. ~(.F J.-iNrt1S Jr-p~Ch ~~ J > _ ~~ .'Zi .~-I ~. ~ .~: •O.Wi .ar .~~ ~.ti.t~y rr r~ ti ~Heo-r~~. .::~~ W .: J ;;.PPP ~S J• TPP .i < ,r Ja1Jr Y'M~YYS,(•YV'.h .r'J' •~•rY'„SJ•YY.Y .(J J'Yf •l JV^J"~{.(•Yt .-J-J ~. JOO U __JVOp... sOGC~~ .., IUtr .~ !OUO,. rOOU J 1 r H ~ N I Rl Z i i w n n v, v, i 1[, w - w ] W ~ ~ w li H F i Y ^. .~ H .. 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FINN, ALSOP, SILVA 6 CLASEN 5900 Wilshire Bouievard, Saite 2525 Los Angeles, California 90036-5187 (213) 857-7175 Attorneys far Claimant, MICHAEL MINKY In the Matter of the Claim of MICHAEL MINKY against THE CITY OF RANCf10 CUCAMONGA. .~ . r~ ' ~ .r SS$"~F7i;3 I~~IMNCHOCUCAMCNGA ADMINISTRATION ArilS~ ~~ t CLAIM AGAINST CITY OF RAN~Fi ~~.~ CUCAMONGA FOR EQUITABLE INDEMNITY MICHAEL MINKY Hereby makes claim against [he City of R6ncho Cucamonga for a sum as yet undetermined and makes the following statements in support of the claim: 1. Claimant's post office address is 653 Navy Street, Santa Monica, California 90405. 2. Notices concerning the claim should be sent to the Claimant's attorneys, Finn, Alsop, Silva 6 Clasen, 5900 Niilsh:re Boulevard, Suite 2525, Los Angeles, California 90036-5187. 3. The date of the accrual of this claim is July ;?, 1985, which is when the Claimant was served wrth a compla me naa:: au the C1arm,anc as a defendant and alleging the wxony:.: d~a^_h u: a cer *_a:n 5a:er,,e1 Grahar.~ Mead ItI as a result ut tn~ .._yl:g,_cce u: tn~~ :;ia:mant. A aci,y ut ehx; eumFiaxnt xs att.:::,~,d ~ n-,. -:'u ar.d :~ :r.~ur,~urated her?rr. by ra:e: :n.a. ~~ 4. The underiyLng event yr~::ny raa to ^_h~ actacr,.:a ,ou,~„a:nt a a trau :.: -ccii:axun which ucc_r n:d ur. ur aou..t y li September 13, 1984 on Foothill Boul=card, approximately =9 fe=- 2i east of its intersection with T.:r n:;r L.ae.:a. in tn.~ ace dea-, ~ 3 the decedent Samuel Graham Mead III whtle a pedestrian was hit 4 by a patrol car operated by Deputy Sheriff Robert James Wello tt, S who was at that time performing his duties in the course and 8 scope cf his employment by the City oc Rancho Cucamonga pur s~~ant 7 to contract with the Ceur.ty of San Bernardino. Michael Minkv 8 was cpe ratiny another car rear the scene of the acerdent but H,:d i 9 nct involved in the impact. it LO 5. The Claimant contends that the death of Samuel 11 Graham Mead III was caused solely by the negligent driving of 12 the City's employee and agent, Deputy Sheriff Robert James Wellott, 13 who failed to see the decedent in the roadway. 14 6. The Claimant therefore hereby makes claim against 15 the City of Rancho Cucamonga fur equitable indemnity for any and I6 ali sums the Claimant rs required to pay to the heirs of the 17 decedent in the above referenced action in the Superior Court of 18 the State of California, County of San Bernardino, in the event 16~ of final judgment in that case in favor of t'ne plaintiff. 20 7. This claim is made pursuant to Sec[ion 901 of «ha 21, Government Code. 221 DATED: August 14, 1383 2311, ,'IVS, ,..,S~JP, SSLVA e CLASE~ 24 ' ^i I 25 8.,., ~ f ,'! j, -r- I 28 ,' HC D, 'LS~iP ' ' Ja CHAEL MCNKv~ 27 ili 28 z II s ' iPACE 6EL0'.Y FOR FI LiSG SLU:F V]Ll'~ 1 '1 CURTIS L. GEM MIL 1TfO gN(Y /,T L/,W 1(O Wxirri[n f L <[x r[11 s~~ 2 ~em (n[. w.~..~~. eao~[.nnu wgrrn (q. (eu ranm~ aoeos • n[u coo[ :u eae.a u. J 4 ~, 5 '~, . i Acto:rey for Plaintiffs ', i I 6 ~' 7I I'I B ~, it ' SUPERIOR COURT OF THE STATE OF CALIFORNIA I . 91I FOR THE COUNTY OF SAN BERNARDISO 10 ' 11 '.' DAR ENE ANN MELTON, S&NUEL GRAHAM i ) °'. 12 ` MEAD, Jr., ) 1 NO: OLU 3~7 ~.~ ' j Plaintiffs, ) i3 '~ij ) COMPLAINT FOR bAMAGES ' ~,', vs. ) NEGLIGENCE 14 ! ) WRONGFUL DEATH ~i, THE COUNTY OF SAN BERNARDINO, ) i 15 '~,•, CITY OF RANCHO CUCAMONGA, DEPUTY ) . ',j ROBERT JAMES WELLOTT, SOUTHERN ) 16'« C?,LIFORVIA EDISON COMPANY, a ) I, ~~ Cali `_o rnia Corporation, MICHAEL ) i .7 " MINiCY and DOE I through DOE XXX, ) I ', Inclusive, ) ~ le ' d 1 19 I Defen ants. ) ~ ) 20 ~' I 21 'i Plaintiffs allege: 22 L3 1. The true names and capaci ties, whether individual, ..: corporate, associate or otherwise, of defendants DO'c I thr c~.:-:: ' b:i DOE XXX, inclusive, are unknowr, to plaintiff who therefore s::es :a Said de Eendar.ts by such fictitious names ar.d will ar„„end this t:7 coe?laint io show their names and capacities when saa,e have 5.~e-. 23 ascertained. 1 I~ G r r 2. Defendant Southerr. California Edisor. Company DCE Vi are now, and at all times mentioned herein, were corporations, duly organized and existi.^.g under and by virtu=_ of t.._ laea c° the Slate of California. 3. Defendant DOE VZI is now and, at all times mentioned herein, was a corporation organized and existing under and by virtue of the laws of a Sister State and authorized to do and engage in doing business in the State of California. 4. Defendants DOE VIII and DOE ZX are now, and at all tines herein mentioned were, co-partners, doing business under the fictitious firm name and style of DOE X, a co-partnership, and have filed the certificate and published the notice as required by Business and Professions Code Sections 17910-17917. I S. Defendants County of San Bernardino, Ci[y of Rancho Cucamonga, and DOE XI are now, and at all times herein mentioned were public entities and political subdivisions of the State of California. 6. At all times herein mentioned, plaintif £s Darlene Ar.n ~ Melton and Samuel Graham Mead, Jr., were the parents of decedent Samuel Graham Head, IZI, and are his heirs at law. I 7. At all times herein mentioned, Defendants Robert James ttiellott and DOE XiI are now, and at all tames mentioned herein were, agents, employees, and deputy sheriffs of Defendants Count of San Bernardino, the City of Ra ncno Cucamonga, and DOE XZ, and 2 7 i I. i 1 ~ performing duties within the course a.^.c scope of their ace r.cy gad ',, • 2,~ employment. i 3" I I 4 8. At all times herein mentioned, defe ndar.ts h!i c: ~aei :•!i nky 5 and DOE I through DOE X, inclusive, were the owners of a certain 6 1970 Dodge bearing California License ;lo. 434 BS4; said vehicle 7 is hereinafter called defendant vehicle. 8 9 9. At ail ti.^„es herein mentioned, defendants Michael ?fi r.ky 10 and DOE I through DOE X, inclusive, were the operatcrs of a 11 certain 1970 Dodge bearing California License NO. 434 BSQ; said 12 vehicle is hereinafter called defendant vehicle. V ~~m ~ Lq 13 m <~UO<_i~ tJii2 lY u;~:g. 10. At all times herein mentioned, said defendant vehicle =~T 15 ~33„ was being operated 6y defendants, Michael Minky and DOE I throuch I ros~a ~'io:~~ 76 DOE X, with the express and implied permission, consent and '-'x1 ="-%1 17 authority of their co-defendants, and each of them. 10 19 11. At all times herein mentioned, said vehicle operated by 20 defendants bti chael Minky and DOE I through DOE X, ir,c lusive, was 21 so operated, managed, maintained and controlled 6y them, as the 2" owners thereof, and as the age r,ts, servants and <mpioyees o[ t.._ ' I `31'i owner's thereof, and of their co-defendants, and each of than, .""` ~'' within the ccurse and scope of said agency an3 emp:oyc.e ct, and ~ ~, with the consent and permission of said co-defendants, and ea -:~~ `ib "'' o: them. ~'~ ~ C 3 I~ 3 i 8 ~~ 1 I 2 3 4 5 6 7 8 9 10 11 ~ og~~' 13 <Pi!: u'4,• 14 o i:so• ~y~t_ ut~:3~~ 15 :. ~~o~C" 16 ~~ 17 =37 18 19 20 21 22 23 2.1 2J 25 27 28 12. At all times herein mentioned, Defendants County of San Bernardino and DOE XI, and each of them, were the owre:s o`. a ~ certain 1982 Dodge bearing California License Sc. E 76n92i; said vehicle is herein after called sheriff's vehicle, which vehicle's left low beam headlamp was, at ail times mentioned, damaged and displaced. 13. At all times herein mentioned, said sheriff's vehicle was being operated by defendants, Robert James Wellott and DOE XII through DOE X, with the express and implied permission, Consent and authority of their co-defendants, and each of theme. 14. At all times herein mentioned, said vehicle operated by defendants County of San Bernardino, Robert James Wellott, DOE X.I and DOE XZI, inclusive, was so operated, managed, maintained and ' controlled by them, as the owners thereof, and as the agents, servants and employees of the owner's thereof, and of their co-defendants, and each of them, within the course and scope of said agency and employment, and with the consent and permission of said co-defendants, and each of them. 15. At all times herein mentioned the County of San ! ~I Bernardino, through its Sheriff's Department, provided contract police services to the City of Rancho Cucamo.^.ga ar.d said City exercised control over said Sheriff's Department to such a degree j that said Coun ti, and its Deputy Sheriffs herein alleced I constituted agents and employees of said City. 4 I C~ 16. At all times herein mentioned Foothill Boulevard approximately 59 feet east of Turner Avenue was a public street and highway located in the City of Rancho Cucamonga, County o: San Bernardino, State of California. 17. At all times herein mentioned defendants Southern California Edison Company and DOE VI owned, operated and main- tained an overhead street light, hereinafter called, "said light" whose standard bore number 2277089E located on the south side of Foothill Boulevard approximately 50 feet east of Turner Avenue in the City of Rancho Cucamonga. 1E. At all times herein mentioned said light was inopera- tive rendering the area which would otherwise have been illu- minated by said light dark and dangerous. 19. That the inoperative condition of said light was caused by defendant Southern California Edison Company and DOE VI and their agents, servants and employees acting within the course and scope of said agency and employment. That said defendant knew of said condition and said condition existed prior to the collision herein alleged, for a period of time sufficient for said defendant to have discovered and corrected said condition. 20. That on or about the thirteenth day of September, 1983, at or about the hour of 10:49 P.M., plaintiff's decedent, Samuel Graham Mead, iII, was a pedestrian upon Foothill Boulevard crossing from the south to the north side of said street. 5 /O r 5i 6 7 8 9 10 31 ` 12 +go' ~ :g• ~~ a 13 i:;:`: w,: : 14 ui:~o• n i3u~ 15 oi. ii;`"' 16 u ~-E~ . n; 7 17 _- < 18 19 20 21 22 23 24 25 2ti lj 21. At said time and place defendants Robert Jaa,es Wellott ~ I 2 and DoE XII so operated, controlled, maintained and entrusted ~ 3 sheriff's vehicle in a general westerly dire ctior. a'_one a.-.d upc^ 4 ~ Foothill Boulevard so that the same was caused to ar,3 did collide with the person of Plaintiff's decedent. 22. At said time and place defendants Michael Minky and DOE I through DOE X, inclusive so operated, controlled, maintained, ~. and entrusted defendant's vehicle in a general Southerly direc- tion out of the driveway of the business located at 10134 I! Foothill Boulevard across the Westbound number two lane and partially into the number one Westbound Lane so the the same caused sheriff's vehicle operated by defendants Robert .Tames Wellott and DOE XII to swerve and collide with the person of plaintiff's decedent. 23. At all times herein mentioned, defendants Southern ~. California Edison Company, and DOE VI, and each of them, knew that unless vigilance was used to inspect and repair said light regularly and periodically, said light would become inoperative, endangering the safety of persons walking in the area which wouid otherwise have been illuminated by said Light. That said light had been inoperative i:n.;,ediately prior to the collision involving plaintiff's decedent as herein before alleged, for a sufficient period of time to have enabled defec- dants Southern California Edison Company and DOE Vi, and each o: 27 ''~~ them, in the exercise of ordinary care to have disccvered and 29 ~~~'~ repaired same, but said defendants failed and omitted within a 6 I r 1 reasonable time to repair same, or to take any precautions to - 2 prevent injury to persons using the azea which would normally 3 '. have been illuminated by said Licht. 4 24. That said conduct of defendants, and each o`. them, was 6 negligent, and the negligence of said defendants concurred to 6 cause plaintiffs' injuries and damages. 7 8 26. That solely by reason of the premises, plaintiffs' g decedent Samuel Graham Mead, IZI, sustained fatal ir.j uries and 10 died immediately after being struck by Sheriff's vehicle. 11 12 26. At all times herein mentioned, in doing those things :~°g„ °~3~ 13 herein alleged, defendants and each of them, acted as the agents, s,~;,~ 3.,•i u5:~o`• 14 sezvants and employees of their co-defendants, and each of them, s;,~ 15 within the course and scope of said agency and employment. ~' ;~~^ 16 u`O-E~ `~:S :-;; 17 27. Solely by reason of the premises, plaintiffs have been 3 18 generally damaged and deprived of the care, comfort, society, 1B companionship, maintenance, services, earnings, counsel and 2D support of said decedent, have been damaged generally and sus- 21 tained pecuniary loss in an amount in excess of the minimum 22 juzisdictional limit of this court and in accordance with proof Gd at the time of trial and have been damaged specifically for `~'' medical, burial, funeral and related expenses in accoraanoe with 25 ~ proof at the time of trial. 26 it 27 li 28 A I~ 7 /l 1 28. Solely by reason of the premises, plaintiff claims j 2 interest on all of the damages hereinabove alleged, as provided bi in California Civil Code, Sections 329: and 328'n. 4 5 29. On or about October 12, 1984, claims fully conforming 6 to the requirements of the California Government Code were mailed 4 via certified mail, return receipt requested, on behalf of each ' I 8 plaintiff above identified, and delivered to the Clerk of the 9 Board of Supervisors of the County of San Bernardino on October 10 ~ 15, 1984 and to the City Clerk of the City of Rancho Cucamonga or. ~ i 11 October 15, 1984. A copy of said claim is attached hereto, j 12 marked as Exhibit "A" and incorporated herein by reference. ups J 13 E;-a F~=eti ~''<:~`o• 14 30. Subsequent to service of said claim, as alleged in the J y,~~itJ ~¢_;~~ 15 next preceding paragraph, plaintiffs and each of them, were u<o~k~ no[if ied by letter dated October 23, 1984 that defendant County =;< 17 of San Bernardino had rejected said claim on October 23, 1984. A 18 copy of said letter of rejection is attached hereto, marked 19 Exhibit "B" and incorporated herein by reference. 20 21 31. Subsequent to service of said claims as alleged in I 22 paragraph 29, above, plaintiffs and each of [hem, were notified ~ 23 by letter dated November 29, 1984 that de FA.,.~az. r:ty of Rancho 24 i~ Cucamonga had rejected plaintiffs claims by operation o: law on ~' 2~ November 29, 1984. A copy of said letter is attached hereto and i i i `rO~ incorporated herein by reference as Exhibit "C", 'i 21 'i 28 III i 8 i /3 WHEREFORE, plaintiffs pray judgment against defendants and each of them, in accordance with prcof at the tir„e o: trial, for the following: 1. General Damages. 2. All medical, burial, funeral and related expenses. 3. Interest on all of the damages alleged herein, as provided in California Civil Code, Section 3291 and 3288. 4. All costs of suit incurred herein and such further relief as the court deems just. Statement of Damages Curtis L. Gemini Attorney for Plaintiff In the event of defendants default and failure to respond to the above Complaint, service of this statement of damages shall constitute notice to each defendant that special damages in the sum of 510,000.00 plus general damages in the sum of 5500,000.00 will be demanded and the court requested to enter judgment by default in said amount against each defaulting defendant, jointly and severally, Dated: December 20, 1984 Curtis L. Ger~mil Attorney at Law 9 /`JJ i 1 • ~ 2 3 4 5 6 e 9 10 11 12 i 13 14 • 15 16 17 19 to 20 21 22 ~ .. • EDWIN P. RATCLIFFE 1~R~6. wnuuR. RNOU. RATCLIFF[ • -[RKIN! aw, wswew awu>ns L O. ba ,w> oownar. c~uroxx,~ waao uu, aaa.ua Aetorlga to Claimant ,nac[lnpw 10R Tn.wc nuv ox~T, CIiY OF RANCHO CUCAMONOA ADMINISTP,ATION AU6 201985 718~9111141ti1~3~4~5~8 ~~ fic.,:. LEE ALL~_V STOTTS, claimant, vs. CITY OF RANCHO CUCAMONGA; COUNTY OF SAN BERN'ARDINO; STATE OF CALIFORNIA; CALIFORNIA DEPARTMENT OF TRANSPORTATION. nvl'1 (:C VF CLAIM (Govt. Code, §910) TO: CITY GF RnSCHO CUCAMONGA, COUNTY OF SAN BERNAROINO, STATE OF CALIFORNIA and CALIFORNIA DEPARTMENT OF TRANSPORTATI:;S: YOU ARE HEREBY NOTZFIED that LEE ALLAN STOTTS, chins damages from you in the amount computed as of the date of pzesenta Lion o` this claim, of 5201,754.00, foz said cla!-a -._. 1. :he present address of claimant is 6220 Fi ::<;. r.s, ?aachc .~c r:r.?a, ,^alif_r^.ja 91',01. .. ..a.-,ant 3esires notice of this chin to he ;cat to _C'vJ I `: P. °',t '....-'_, Attcrcey at Law, P.O. Box 1507, Co•.•ne_:, ~9i:f0:G1a 90~-0~. 3. r. o: a5 o~;t May 26, 1985, Claimant was a rziver o: /T -1- 1 an automobile involved in an accident occurring on State Route 30 2 (Highland Avenue), at the intersection with Etiwanda Avenue, 3 the City of Rancho Cucamonga, California. 4 A. Said intersection was in a dangerous condition, in 5 that among other things, the placement of stop sign for south- 6 bound Etiwanda traffic was too far back from said intersection to 7 allow drivers to properly assess the width of Routh 30, or d properly assess the condition and speeds of traffic on Rout 30 9 and thereby impair the safety of on-coming traffic. 10 5. Claimant as driver of automobile traveling west- 11 bound on Highland Avenue, approaching the intersection with 12 Etiwanda and a result of the dangerous conditions indicated 13 above, collided with another vehicle which had entered the inter- 14 section from the south-bound Etiwanda road directly into the 15 path of C:.aimant's vehicle, causing the collision and injuzies-Eo l5i Claimaint. 171 6. The Claimant believes and thereon alleges that said I dangerous conditions allowing entry of the other vehicle con- 1? tributed to subseq~~_nt automobile collision and injuries to the 20 Claimant. ~1~ 7. The injuries which resulted were as follows: ~~~~ Arm damage, broken teeth, jaw injury, lacerations to body, and •'11 other serious -njuzies. ' ' 3. The :,aros o° ate state eE°iczrs, servants or i z?.p:;yc a ca a in3 *_:.e donate or in j~~ries are u,^,krown ai t!:e '"~ present. i 9. .. a. _s a-? telephcne n.:c.ters c` witnesses, inc:v~ ' .Ni c::°.ae1 Gavid Shoustai, 1714) 980-2608; William Ccncer, I ~~ -Z- M1 1 (714) 899-1673; Jeannie Conger, (714) 899-1673. • p 10. Names and addresses of doctors and hospitals: 3 a. Eber R. Graham, Jr. D.D.S., Inc., 591 North 13th ,y Avenue, Upland, California 91786. 5 b. San Antonio Community Hospital, 999 San Bernardino 5 Road, Upland, California 91786. ry c. California Foothill Emergency Medical Group, Box 6 970, 8540 Archibald, Svite D, Cucamonga, CA 91730. 3 d. Clark D. Fobes, M.D., Inc., Box 970, 8540 Archibald 10 Suite D, Cucamonga, CA 91730. 11 The amount claimed, as of this date and for treatment 12 yet to be provided, is computed as follows: lg Special Damages of available records to date: S 1,751.00 lq General Damages: I 5200,000.00 • 1,5 TOTAL AMOUST CLAIMED AS OF THE 16 DATE CF PRESENTATION OF THIS CLAIM: $201,754.00 17 DATED: Avqust 22, 1985 19 19 ~ 5~ DW P. RATCLIFFE, Attorney for 20 I Claimant 21 ~ -'- ~ ~ i _~ ' /7 I -'-- 9 VERIFICATION STATE OF CALIFORNIA, COUNTY OF I hne read Ne fore{oin{ and knot its contents. ® CHECK APPLICABLE PARAGRAPH ^ I am a pany m lhn action. The matttt: stored in it arc true of my own knowkdK <seept as to thou maters whmh ore sumd on information and Mlitf. and as to thou mattrn 1 heline tMm so M trot. ^ I am O an Offices O a pan n ^ a ..f a pany to thn acton, and am authonsed to make this venfiution for and on iu 6chdL and 1 make thn ven6ution for that town. I have read tht forgoin{ document and ktww iu contots. The mature mlW in i1 arc true of my own knowled{e escept as to thou marten whkh arc sutM on infotmatioo and ktlid, aad u to thou martin 1 Delkve them to he true. ^ I am one of tht anorneys fm •pany to thu action. Such pany u abssml from the county of afaraaid rhea such attomrya hart their oRroa, and I make this verificmon for and on heMlf of that pany for thin reawn. I Gave read the forgoirq document and know ns commis 1 am informed and ktlieve and on that {round alk;e that the torten sumd in it art rue. Eaaumd an 19~ n UlJornm I declare undtt penahy of pttlup under the laws of the Sute o(Califooia that the forgoin{ is true and correct. ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than wmmom atM complainU Rtceived cop) of document dncnhed si{namrc • PROOF OF SERVICE STATE OF CALIFORNIA. COQ ~Tl OF LOS ANGELES 1 am cmptged m the county of LOS An Celes Start of CaLfornia I am o.er the age of IN and rein a parry to the wtMn action. my business addrms is 9701 Lakewood Bit'^ . . Dar ^,av,_C:, 3G2.~ On ACa'at 22. _ 198_ I lined the forelomp dacumem dexnhed a>- __ _\._~,- - = GF, C-AI}i IaC'J e_ CQD~, 6 9101 _ __ - o, interested parties in Ihn as wn by pbcm! ~ true cop) (hereof encloud in a uakd envelope xnh postale thereon fully prepaid in the l r. ~:] Scorn. mad ai Dowaev. California _ ,da ,.e .-___ ___ City Clerk, CIY'; r.^ o,AVCHO C~CA'dC`.Gr., P.O. Box R07, Bcarc Superva.r;, ..: ~i OF SAS BEF.:::,RDI`:D, :d-. .Cris ~rr'~..._:. .-... ., 7th P1oor, =a~ Bernar9:nc, G\ 92;1"~- :~ ' .,. --.. ,. 'f'i h c .! )~ca .. .. _. ~LI L~ Lt~.~ ' ~l k .: ~ ~. k ~ ~ , cp ,~ i cunl roe nuuca oe n.roat C E C ; 9 1! s ~I C ITY OF R ANCHO CUCAMONGA ~s ~~Is 1. Claims for death, ioj ury to person, or ro penooal property mus tAUe'1~~~'d T16y1 later • than 100 day! after the occurreoce (Gw. Code, sac. 911.2). AUG 2 % . }~ 2. Claims for dasuges to real property aunt be filed aayy ogyteLc h n 1 year~the occurreoce (Gw. Code, Sec. 911.2). ~ ~ ~I I ILI 1 11121$141$i8~ ! f0: CISr Ot aYC10 COCAUO~I:A THOMAS P. SKUSE 6203 JADEITE 91701 969-4841 29 Rue of Claimamt Address Zip phone Age PO BOX 3876 ONTARIO CA 91761 Mdilaa CO Yhicb CIiLM¢C Ylabla nOC1Cla •lnt. Y® did damage or ioj ury occur? B-17-85 Yuan did dauge or ioj ury occur? RANCHO CUCAMONGA aoa and under rhat ci rcuas Lances did duage or injury occur? MV CAR STRUCK A RAISED MANHOLE COVER SEE R/C SHERIFF'S REPORT M1337213-11 • IIaA2 par[icuLr action by the City, or iu employees, caused the alleged damage or injury? (Include names of employees, if knorn). UN-REPAIRED STREET Mhat sum do you claim? Ioelude [he estimted amount of any prospective loa s, insofar as it uy be know at the time o£ the presentation of thin claim, toga cber rich the basis of compute Lion of the amount claimed. (Attach estiutN or bills, if possible). REPLACEMENT VALUE $ 5,000.00 S Total Amount Claimed: S 5,000.00 aYRg and addresses of witnesses, doctors, and boa pi tale: RANCHO f.UCAMONf,A SF'ERtFF'S DEPT. 3333 9TH STREET RANCHO CUCAMONC,A CA 91730 REcORT a1337213-11 p ' 4uf. LIST 22ND 1985 Data Signature of Cl •imant /9 u e 6 u~ .~ W~a ~=n L N H 'O ~Zm~ G ~ j t7 w-- S m w-¢ 3 ^ ;, =~z `. ~n0 -- o = M - a ~ o a ~ ~ _ - u co O 2 = O 2 Q • a~u 6' O ~ ~ U LL _ O X O O S >6] V ~ Z ~- o a uay • ~O CITY OF RANCHO CliCAMONGA ~~cwa~ STAFF REPORT ~?~' ,~~`"' ~~ ', ~ DATE: September 4, 1985 197i TO: City Council and City Manager FROM: Lloyd B. Hu66s, City Engineer ' BY: Linda Beek, Engineering Technician SUBJECT: Rpproval of Parcel Map 9248 located North of Tryon Street, hetween Jadeite and Archibald Avenues submitted by Mark and Tom Uyeda. Parcel Map 9248 was approved by Planning Commission on June 12, 1984, for the division of 0.72 acres of land into four parcels in the Low Density Residential District. • Improvements are to De constructed at the time of building permit issuance. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 9248 and authorizing the City Cierk to cause same to record. ( ResApectfully subm tted, ~/ / /1--~ .f A LBH:LB:v,~d Attachments a./ RESOLUTION N0. f89=G4~-BIR 4.~~ "-~ ' ~ • R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MRP NUMBER 9248 (TENTATIVE PARCEL MAP N0. 9248) WHEREAS, Tentative Parcel Map Number 9248, submitted 6y Mark and Tam Uyeda and consisting of 4 parcels, located north of Tryon Street between Jadeite and Archibald Avenues, being a division of a portion of Section 3, Township 1 South, Range 7 West, San Bernardino Base and Meridian per Record of Survey recorded in Book 1, Page 78 in the County of San Bernardino, State of California was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 9248 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map 6y the City Council of said City have now been met. NON, THEREFORE, BE iT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 9248 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. • PASSED, APPROVED, and ADOPTED this 4th day of September, 1985. AYES: NOES: ABSENT: on i e s, ayor gTTEST: Beverly A. Authe et, City C er ~~- --- CITY OF BA\CHO CtiCAVSONG~1 ~ca~sro , STAFF REPORT 2~~~~~~" DATE: September 4, 1985 z "~'- > T0: City Council and City Manager = ~„-- - FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bend Single Family Residence located at 5127 Carnelian DEVELOPER: Richard E. Harney 5727 Carnelian Rancho Cucamonga, CA 91701 Release: Labor and Materials Bond $6,550.00 . Six months have passed since the release of the Faithful Performance Bond and it is recommended that Council authorize the City Clerk to release the Labor and Materials Band in the amount of $6,550.00. Tract 9369 - located at the northedst corner of Archibald & Victoria DEVELOPER: M. J. Brock & Sons, Inc. P. 0. Box 350 Brea, CA 92621 Release: Faithful Performance Bond $225,000.00 The improvements for Tract No. 9369 have keen 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 Faithful Performance Bond. Respectfully s bmitted, ~~ ~~~ ~3 0.ECOg0 [NG REpUE5TE0 BY CITY OF RANCHO CUCAMONGA P. 0. Sox 901 Rancho Cucamonga, California 91730 VHEN AECOR OEO NAIL T0: fi TY CLERK CITY OF gANCHO COCAMONGq P. p. dox d07 Rancho Luc amonga, Lal ifornia 91730 NOTICE OF LOMPL ET ION NOTICc. IS MERE9Y GIVEN iHgi: 1. The undersigned is an owner of an in t<re5t or e5 Cate in the hereinafter described real property, the nature Of which interest or estate is: TAACT 9369 2. The full name and address of the uncle rsignetl owner is: CITY OF RpNLHO CUC0.MONGA, 9320-C Base Line 0.oa0, P. 0. Box 807, Rancho Cucamonga, California 91730, 3. On Lhe 0th day Of September, 1935, there was cnmol et ed on LHe. here+n of ter described real proper ty [he work of imnrove^tent set Iortn in the COntr dC[ AOL'Jmen [5 fOf: TRACT 9369 6, TM1e name of the original con tr ac [or far the w9rk of improve rent ds d whO1C wds: M. J. pROCK 6 SONS, INC. 5. The real property referred to herein is situated in [he City Of Rancho Cucamonga, Lovnty Of San Bernardino, California, and is described ds follows: TRACT 9369 CITY OF RANCHO CUCAMONGq, d moot cf pas corporation, Owner oy Nu bs, ty ng+. niter • ~y ~'~.- RESOLUTION N0. fA9-94-068 =~ _,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCNIONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9369 AND AUTHORIZING THE FLING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 9369 have keen 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 ADOPTED this 4th day of September, 1985. AYES: NOES: ABSENT: C~ on Mi a s, Mayor arresr: every A. Aut he et, City C er [, 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 o` said City Council held on the * day of *, 19**, Executed this * day of *, 19** at Rancho Cucamonga, California. every ut a et, tty er jaa ~S CITY OF RANCHO CliCAil10NGA STAFF REPORT BATE: September 4, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician 197- SUBJECT: Release of Instrument of Credit and Agreement from Robert and Karen Packer, • On June 7, 1918, Council accepted an Instrument of Credit and agreement from Robert and Karen Packer in the amount of E10,900.00 to guarantee construction of improvements at Nellman Avenue and Foothill Boulevard. On August 1, 1985, Council accepted an Improvement Agreement and Improvement Security from The Pep Boys Manny, Moe, 6 Jack to guarantee construction of the same improvements. RECOMMENDATION It is recommended that the City Council authorize the release of the Instrument of Credit and Agreement, entered into on June 7, 1985, from Robert and Karen Packer. lly subny~tted, :v,jd Attachments ~~c.~stg1. ~~ c9 e, z I ~'1 ~~r r ~h ~~ u • CITY OF RANCHO CtiCAbIONGA ~,;u~Ma STAFF REPORT ~;° ~~. x'~ F F (~ Z J> 19ii DATE: September 4, 1985 T0: City Council and City Manager FROM: Lloyd B. Mubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Approval of a Real Property Improvement Contract and Lien Agreement submitted 6y Larry Kunc 1, et al, for a Single family residence located at 13330 Cassia Street. As a prerequisite to the issuance of a building permit for a landlocked parcel, as established by City Council Resolution No. 80-38, the owners of the property located at 13330 Cassia Street have submitted the attached Lien Agreement to guarantee the future construction of street improvements. An irrevocable Offer of Dedication for that portion of Cassia Street fronting the property has also been submitted. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the Mayor and City Clerk to sign said agreement and cause same to record. Respectfully submitted, LBF~K: v.1 d Attachments ~~ • • V ~V CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION PROJECT: SINGLE FAMILY RESIDENCE TITLE; _13330 CASSIA STREET EXHIBIT; ~~A~, ~a --. 1?:_ A rr I I I II- • 0.ECOg01X6 REOUE STEO BY: and 4NEM REL O0.DED MAIL T0: CITY CLERK CITY OF RPNCNO CUCAMO4GA P. 0. Daz 807 0.ANL H0 CUCAMONGA, CAL.FOReIR 91730 REAL PgOPE0.TY INPq OYENENT CONTRALT AND LIEN AOgEENE NT THtS AGREEMENT, made and entered into this 2Ath day of i~ty 1995 by end between lam K,ar:l, lorry Seagrove, Jamie Grnvales, Art Va,derpol (hereinafter referred to as "Developer^), and the LITY OF RANCHO CU[ANONGA, CALiF ORN[A, a municipal corporation (hereinafter referretl to as "City^), provides as failows: NHEREAS, as a general condition precedent to the • issuance of a building permit for 13370 Lassia Street development th< Lity requir<a the construction of missing off-site street imorovem ents Including curb, gutter, asphalt paving and appurtenant work adJac ent to the properly to be developed; and NNERE AS, the Oevelpper desires to postpone cpnttractipn Of SUCiI impr pVement5 UOt11 d ldCer ddtl, d5 determined by the city: ana NMEREAS, the City is agreeable to such postpon em.nt provided [hat the Developer enLerS iota LhiS Agreement reRUirinq the Developer to construct said '.mprovem ents, at no ez pense to the Lity, otter demand to do so by the Lity, which said Agreement shall also provide that Che City may construct Laid Impr ov em entt I/ the Developer tails ar ne9lecls to do so and that the City shall have a lien upon [he real property hereinafter described as security for the Developer's performance, and any repayment dve • CItY. 1 ~9 tl0'd, TNEREFDRE, THE pasT IES aG0.EE: • 1. The Developer hereby agrees that he will install ptf-site street imorov ements inciudf ng curb, gutter, asphalt pavement dnd appurtenant work in accordance and cOmplian ce with all applicable ordinances resolutions, rules and regulations of the City in eff ett at the time of the installation. Said improvements shall be installed upon and along Cassia Street, not to exceed the centerline of said street or beyond the frontage of the su bdect property except a5 required to Or OVide for adequate drainage and tr afffc tr ansiti0n per City Standards. 2. The installation of said improvements shall be completed no later than One (I) year fallowing written notice to the Developer from the Lity to commence installation o/ the same. lns[all ation of said improvements shall be at np expense eo the t;ty. J. In the event [he Developer that[ fail or refuse to complete the installation of said improvements in a Clmely manner, City may at any time Mereaf ter, upon giving the Developer written notice of its intentl0n tp do so, enter uDOn the property Herein of ter descH bed and <om0lete said improvements and recover all costs of completinn incurred by ehe City /ram the D evetoper. 4, To secure the performance by the Develo0er o1 the [errs and conditions of LhiS agreement and [p secure the repayment t0 Llty of any funds which may be expended by City in completing said Imprp vements upon def autt by the Developer hereunder, [he Developer does by these presents grant, bargain, sett and convey to the Li ty, in trust, the following described real Drpperty situa Ced in the City Of 2anchp Luc dm ongd, County of San Derndrdinn, State of California, tp-wit; • that portion of [he South 1/2 of Lots 5 dnd 5, Btack "F" Etiwantla Colony LanA as per plat recorded In 9ppk 2 of 4dD5, page 2a, 2 (~~ 3 ° records of said County, lying northerly of the following described line: Commencing at a point in the East line of Easi End Avenue, 66.00 feet wide, and 120.00 feet South of the North line of the South 1/2 of Lot 5, Black "F', Etiwanda Colony lands, as per otat recorded in Bpak 2 of maps, page 2a, records of said Cou nl y; thence eas[, par allet with the North line of saitl South 1/2, a distance Of 20 feet; thence along a tangent curve, concave to [h¢ Southwest and en o5e radius iz 300 feet, a distance of 116.93 f... through a central angle of 20 [hence along a compound curve, concave to the Yorthe ast and whose radius Ss 300 feet, a di s[ance of 116.93 feet Mrough a central angle of 20 ; thence easterly, Daraltel with the North Line of said South 1/2 of Lots 5 and b, to a point 730 feet westerly of the East 11ne of said Lot 6; excepting therefrom the Easterly 330 feet of Lot 6. • Exceoti ng therefrom that portion conveyed to S.J. Ayala, et ux., by deed recorded February 28, 1978, in Book 9379, page J97, Official Records, RESERVING THEREFROM AN EASEN ENT F00. INGRESS 0.ND EGRESS OVER iNE 508TH 30 FE Ei OF PgOpERTY NEpE1N DESLR IB EO. 5, TM s conveyance is in trust for the purposes described above. 6. Now, therefore, if the Developer shall tai thfulty pert orm a;l of the acts and thf nqs to be done under this Agreement, then thti conveyance shall be void, pt herwise, i[ shall remain in full farce and elFect and in all respects shall he considered and treated as a mortgage on the real property ani the rights and ohligatiens of Che parties with respect there!n shall be governed by the provisions of the Civii Code pf [he State of f, al ifornla, and any other appticab le St afute, pert dining to mar[g ages on real property. 3 3/ 7, This Rgreem ent shalt De binding upon and shall inure to the benefit o/ the Aeirs, eaecutori, administrators, successors and assigns of eacA of the perties hereto. B. To [he eat ent repaired to gfve effect of this Agreement as a mortgage, the term "Developer• shall be 'mortgagors antl the City shall be the •mo rtgagee" as those terms are usetl in the the Ctvil Code o! the State o1 California and any other statute pertaining to mortgages an real property. 9. 1/ legal action Is commenced to enforce any of the provisions of this Agreement, to recover any sum mh ich the City is entitled to recover /ram the Developer hereunder or to foreclose the mortgage created hereby, then the prevailing perty shall be colic letl to recover Its costs ono such reasonable attorneys Ieei ai shall De awarded by the Court. • • l ~-~i+31 t • IN VETNESS 'd4ER EOF, the parties hereto havo eaeco ted this Agreement an the day and year first above wriaen. CiTT DEVELOPER CITY OF RANCHO CUCRM OXGq, /' CAL IFOR NI R, a municipal corporation on J. Xikels ~~ Ha Yar y ~/ \ ATTEST: ~LT<~( every qut a et City Clerk ..........ea.• ua •aaa u. •a •eam•a•u •.. • «:..... ua. s. •.e....... ST RTE OF CALIFORNIA ) ) 55 COUNTY OF SAX BERNAADINO) On ,19 ,bef are me the un ersigne n ary a c, persona y appeare S and BEVERLY A. AUTHELET pers oaa!ly known to me to be the MayDr • and City Clerk, resvectiveiy, of the CITY OF RANCHO CUCAMONGR, CAL IFDRNI R, a municipal corDOrativn, and known to me to be the persons who eeecuted the within instrument on behaV of said mumciv al corporation, and acknowledged to me that such municipal tnrporatiop executed it. XITNE55 MY 4AN0 0.ND OFFILIA! SEAL. $ ~}y' j~ BONNIE 1 lEE /N ,..rn.~.ro.i,~. m.cao`ran, wr ta~wyim, 4wm lw~in atdry ignd[ure STATE OF CALIFORNIA ) ) SS COUNTY OF SAN BERNARDINO) n On LA is the ~~ day, of ~Jia l'ut /J J'.T before Lh unT¢rsigned Nvt ar~T~ic pe~so.~Ty ar pp ear e~ , ~[a^.v'Y.. E.LYG«y'G~J. .. r: ~= Li_,..,_fs.n ..^..C-. /: .I'_ _ r/>(- l.x I ~ Persona Y noMn o me - -~ (~ ) proved to me pn the basis of satisfactory evidence to be the person(s) whose name(s) .tom substri bed to the within instrument and acknawleged tha~/e.ar eeecuted it, N ITNE 55 MY HAND AND OFFICIAL SEAL. ~ /tea ~ -FotarY +9natare NOTE: NHEN DOCUMENT IS EN ELUTED BY R CORPORpiION OR PpRTXEA SHIP, • THE ABOVE pCNNONLEDGF.ME XT IS NOT pCCEPTAeL E. A CORPOApTIOX/PpATM SM NNONLEDGENENT IS 0.EDUIREO. 5 33 SINGLE FAMILY RESIDENCE 13330 CAGSIP STREE7 .. gEmganko aWUUrm ar ntr or Raaa~o CLamoap aanoa atcagwa awl Ta Gtr of RaArLO Clnmottp . P.O. Bor tOl RaarAO Cuomonµ, CA 917N1 oaet aaaore TMw taNEkOn a[OPapnA1W ~_ IRREVOCABLE OFFER TO DEDICATE r,1,. . ^'FOR q VALUABLE CONSIDERATION. receipt of which is hereby acknowledgedr ' tam Kaalcl lam Seaesove Jai:re Cava ies Art VaMerpol HEREBY OfFERS TO DEDICATE to the City of Aanche Cucamonga, a Municipal ~COrpora[Son, ~;g~y!'. FUR STREET AND RELATEtl PURPOSES ~ ` ' .t• i?+. ' - .. 'ln, over and upon Ghat certain real grope cty In the City of Rancho ~'~CUCanpng a, County of San Bern ara ino, Btate'bf California, lle ac ribed as ' Follows: the South 30.OC feet of that portion of the South 1/2 of lots 5 and fi. Alock "F" Etiwantla Colony Lana as Der plat recorded in Book 2 07 Maps, page 2a, records of 5~ County, lying northerly of the followiny described line: Locmenc ing a[ a point in [ne East line of East End Avenue, fi6.0O feet wi d¢, and 120.00 feet South of the north line of the South 1/2 of Lot 5. Alock "F", Etiwa nda Colony lands, as per plat recorded in Rock 2 of Naps, page 2d, rgc ords of said County; thence east, parallel with the North line of said South 1/2, a distance of 20 feet; thence al ony a to n g¢nt curve, concave to th¢ Southwest and whose radius is 300 fee[, a distance of l1fi.93 feet through a central angle cf 20° [hence along a compound curve, concave to the Northeast and whose ro dfu is 300 feet, a distance of 116.93 fee[ through a central angle of 20°; thence early, parallel wi [h the North line of said Sautn 1/2 of Lots 6 and 6, to a point 730 feet westerly of [he East line 9f safd lot 6; exc eptin9 :f eK therefrom the Easterly 330 feet of Lot 6. ~..yr Excepting therefrom that porN pn conveyed to S.J. Ayala, et ue., by deed recordetl February 28, 1918, in 60ok 9318, page 397, Official Aecortls. q,~= RESERVING THEREFROM AN EASEMENT FOP INGRESS ANO E"RFSS OVER NE SOUTH 30 iEET GF PROPERTY NE REIN DE SCAT BED ~Q ~L - / Deed G.Lty 2//96"3 GENERAL ACMNOVILEOOMENT Rlale of ~iLt'%{"ca'i /;~[_ ~~ On t 9J. • 1JONNIr 1 LF~' ~~ .. .. ~ re ..._. .------ 3Y eay pl ~e~---_19 ate, belore me. Icn~y~-arsignea Nplaryr PU011[ p°•so~~.nyv anpemae ~ + ___G;yr•1 sa.Cldl .~L :C .f.LJ:24L 4 --_._. Yv personally Mnpwn to mB x prOVlrl lO me pn ll'~r bd55015a1111d ClO iy "vidl nCQ Ip be me 9erapnul wnpx ~amgsl l.t L,C._ _ fuplviDeU to In .un~n ~mvpmem anb acenowroeged mn ../>>__~e.eculed n wrtNESS mr nano ang prZr441 aen _Jr ~ Notary saiowlure ~ PM1° °° RESOLUTION N0. E69-9~Y~ Bs ~ar7 A RESOLUTION OF THE CIiY COUNCIL OF THE CITY OF RRN G40 CUCAMONGA, CALIFORNIR, ACCE?TING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LARRV KUNCL, ET AL AND RUTHOR IZ ING THE MRYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 80-38 on May 7, 1980, to establis4 requirements for landlocked parcels where no subdivision is occurring; and WHEREAS, a single family parcel located at 13330 Cassia Street is a Landlocked Parcel within the meaning of said Resolution No. 30-38; and WHEREAS, Larry Ku ncl, et al has executed a Real Property Improvement Contract and Lien Agreement. NOW, THER EFDRE, BE IT RESOLVED that the City Council of the City of Ran tho Cucamonga, California does accept 5a id 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 4th day of September, 1995. • AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Cler I, BEVERLY A. RU'. HEL ET, 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 * day of *. 19**. 3r • • CITY OF RASCHO CCC.A.110\GA STAFF REPORT DATE: September 4, 1985 TU: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 8Y: Lucinda Hackett, Assistant Civil Engineer ~,~c~.tirr) ~ ~-~ L~. <\ -~ ~Y i .r ,~ _ ~ 2 > > In" I SUBJECT: Vineyard Avenue Reconstruction; Environmental Review Thereof This report presents an Environmental Assessment Initial Study for the proposed Vineyard Avenue Reconstruction for City Council approval and issuance of a Categorical Exemption. In conformance with the California Environmental Quality Act and State Guidelines, the attached document has been prepared to permit construction of the above mentioned improvements. Said improvements generally entail the removal and replacement of Asphaltic Concrete Pavement and Portland Cement Concrete curb, gutters and cross gutters as well as the new Construction of Portland Cement Concrete curb, gutter, cross gutters and wheelchair ramps. It is the Engineering St offs finding that the proposed project will not create a significant adverse impact on the environment and, therefore, recommend that these improvements be classified as Categorically Exempt. RECOMMENDATION It is recommended that City Council approve the attached resolution approving the Environmental Assessment and issuance of a Categorical Exemption for the proposed Vineyard Avenue Reconstruction. R~Ne/s~p/~jct'fully submitted, '(" /~ LBH Attachments 3~ '~. ~~ C'..=`,. ~' ~ ~" ENVIRONMENTAL REVIEW c; ~!~.,~~~~'-, ~ = APPLICATION `' ~ ~ IO }i ~ ~z !~> INITIAL STUDY -PART I ien GENERAL For a'.1 projects requiring environmental review, this form rust be ccmo Leted and suhmitted to the Geve lopment Review Committee through the department where the project aDPlicat ion is made. Upon receipt of this application, the Planning Division staff •will prepare Part II of the Initial Study and make redormnend at ions to Planning Commission. The Planning Commission will Take one of three determinations: (1) The project wilt have no significant environmental impact and a Regative declaration will be filed, (2) The project will have a significant envire nmental impact and an Environmental Impact Report will he prepared, or (3) An additional information report should 6e supplied by the applicant giving further information concerning t'r,e proposed project. Dato filed: Project Title: V/NEYA~D .4VENVrC ~GONS`TR-uGTiOIV Applicant's "lame, Address, Telephone: 1.\T( of (~An1~t4~~'.i ara MC, _\~-• ENGiNCF~WG G3zp 5q`~UN~ RDa ~,.,`«,C r~gNCrb (', ~r.wnc~ nu[ V~1_G4 q\'I3o Name, Address, Telephone of Person To Be Contacted Concerning this Project: MR. 6LwJc FRFV.105EFJ.,. bAMG AoDRE~S P.5 Location of Assessor's Parcel No.: PURL/G 5772FEj~S. Litt other permits necessary from total, regional, state and federal agencies and the agency issuing Such permits: CU cAmOAICs-s~ . 3~ ., PROJECT DESCRIPTION Proposed use or proposed project: /i~Ca//JrT~'G~GT ~,Q .~J/,q;3/LITA-T[ Acreage of project area and square footage of 'exist inqq and Droposed buildings, if any:~~PGlCAbGE 7t!/S /S ~JPG+P,fD/rt/- OF r^xisnu6 /~U9a/G ST~PEET Oes cr ibe the environmental settin of the project site including information on topography, soi stabi ity, p ants (trees), land animals, any cultural, hf stor ical or scenic aspects, land use of surrounding properties, and the description of any existing structures and their use (attach necessary sneets):__?Nis ~s ~F flueStlG sT,QF~T u,~tf/c~F ,~zaf2.~ _ Is the project part of a larger project, one of a Series of cumulative actions, which• althou h individually small, may as a wlygle have s'gnificant environmental impact ~NB6 7}>~ ~Urn/Yrr f~LY3LlC ~.hQC ~lifNY/Oi/ /! COM/[E~, 7h~E !!/// .QL~M.s/~/ DNS ~Efi~~.vrrA/~Y- ~/~J /J.~or_-u~r~P~ DREG, GI 3y I-2 • PIL L TRIS PROJECT: YS 9D 1. Create a substantial change in ground contours? ~ _ /~ or 2. Create a substantial change in existing noise .af oroduce y vibration or glare? _ _/\ 3. Create a substantial change in demand for municipal services (police, fire, wat er, sewage, etc.)? 4. Create changes in the exist ing Zoning or General Plan designations? 5. Remove any existing trees? How many? _ 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, f lammahles ar explosives? _ _ Explanation of any YES answers above (attach additional sheets if necessary): • 7. Estimate the amount of sewage and solid waste ma serials this project will generate daily: /~(OT fJA~G/Gf~/f 8. Estimate the number of auto and tru k trips generated daily. by th' project: !OD-ZDO V~PD ~1/ !l/ZTds 6F /~yi.00YL~O D/.~ ~!~/~'. 9. Estimate the amount of grading (cutt in and filling) required for this prof ect, in cubic yards: /~"OD ~lGI?Q CLl i{ BLb F/LL) 10. If the project involves the construction of residential units, camp lete the form on the nett page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the hest of my knowledge and belief. I further understand that additional information may be required Co be submitted before an adequate evaluation can be made by the arming Divis ionQ. Date: Ci O S Signature ~~ Title} ~!/.~ • 39 I-3 RES?7ENTtAL LDNSTRUCTION The following information Should be provided to the City of Rancho Cucamonga Planning Division in order to aid the school district in assessing their ability ip accommodate the proposed residential development. Developers an required to secure letters from the school district for accommodating :ne increased number of students prior to issuance of building permits. flame of Developer and Tentative Tract No. Specific Location of PHASE I PHASE 2 PN45E 3 P4 ASE 4 T7T 4'„ 1. Number of single family units: 2. Numh er of multiple family units: 3. Date Dropos ed to hegin construction: 4. Earliest date of occupancy: Mode ifl and ! of Tentative 5. Bedrppms Price Range [J Y~ I-4 • cIT•: of aA:;cao ccc~!o::cA P i=.: Ii - IwI-I ;L 5-'"`' E::VI30\:WtiTnL C9ECKLLST DAIe: ~ AalGrrrr lY85 APPLIC.;::T: `'ITV 6F RpNC}Y] ~ ~ ~r• AMnn:~ i~- En\GINGE.RINE~_ FILI::C DATA: LOG `:L'`3ER: P~o;ecT: Y/N~Yj}~Q~/~ ,PEC0A7rROC~iaN P~OJSCT LOC.I.IOS: U~NEYK/+{' ~yENU~-C.k?NEG/.4N 70 ~9f'EL/,l/L~ I. E:.: I30`2T`IT:.L I:TACTS (Exp lanacion of all "yes" and "maybe" answers are required on acca cF.ed sheets). YES >!4'i3° GO 1. So its and GeoLo2y. Will the proposal have • s igni: ican[ t'esults in: a. CnsCib le grcund ce ndic io ns or in changes in X geo to air relatio rship s? _ b. Disru pc io ns, displac emen[s, cor_paccion o: burial of the soil? __ c. Change in topography or ground Surface coneour in [e rvals'. d. The des tract ion, covering or modification l features? f i i l h a g c or p ca o any unique geo ys e. Any potential increase in •aind or va ter erosion of soils, of Eecting either on ar off v s ice candito ns? / ~ osition' de f Ch i i il i / /~ p . . an;,es n eros on s ca t c ~, or g. Exnnsure of peoola or prcoer C: to geologic hazards such as earthquakes, IardsLide s', aud- slides, grcund failure, oc similar hazards? V L' h. An increase in Che race o[ excr action and!ar k use aE any mineral resau;ze? -- 2. Hydra Lo 2•:. Hi11 [he pro pawl have sign is icon[ results tn: y/ a. Cbaa2=_s is cu:: as [s, or the ce•.::se tf .,_: ec C:nn of flowing s teams, rivets, or e?hemeral scr=_a~ channels? b. Chaaees in ab so n :io r, rates, daicase ?a ce: as, or tie race and amount of surface va ter runof.. c. Al C2La G~Ons [O the C__ree or t_aw 6f .~:,Jd ua[e rs? d. Change in the amount of surface water in aay body of water? e. Dis char3e into sur Ea ce waters, or ar.7 al ce [a[ion of surface water quallcc? f. Alteration of groundwater characteristics? g. Change in [he quantity of gmundua cers, either through direct addi:io ns er wicb- drauals, or through in cerference with an aquifer? Qualicv? Quan['~~y' h. The reduceion in the amount of water othet- wise available for pub iic voter sup?lies? S. Exoosu-e of peo?1e or prooertr cu water related ha zares such as t.~cding or seiches? 3. Air Ouali^^. ui11 [he om?osal have signi.`icant results tn: a. Constant or periodic air emissions f:om mobile ar ind i:ec[ sources? Stationary sour res? b. Deterioration of ambient air quality and/or Sn ce rf erence with the attainment of applicable air quality standards? c. Alteration cE '_oc al or regional climatic conditions, aE.`ec aog air navemea t, mein CU:e or Ce^,pe ra rare? 4, Biota Fla r~. :1i :1 the pn posal have signL:wn[ cesul[s in: n. Change in the thaw aerie tl is uE spe r_les, including d.ve rs icy, dis e ihucton, ar numher of any species of plants? b. fteduccion of the nunbers of anv unique, rare or endangered species of planes? Y1 X • X X X _ X - L` /` L` L` _ _ X Y __~ s x c. in t:oduct!an of new or itsrapt i':a speoias :. ~l • plants into an area'. ~( d. Reduction in [he potential for agr icul eaai production? Fa`^a. Wi'__ [he proposal have sigr.if ican[ resu_ts ia: a. Chan"se in the charac teriscics of species, . including diversity, discr iSucion, or numbers of any species of animals'. b. Reduction of the nu.~hets of any unique, :ate v or endangered species of ani^a 1s? _/~ c. In [raduction of nev or disruptive species of ani-als is co an area, ar resuLt in a barrier [o [he migration or movement of animals? d. Deter is ration ar removal of esiscing fish or Y m ildli f=_ :rah itac7 /` 5. Peouiat!o n. trill the proposal have significant res nits in: a. trill the pre posal alter [he Location, distr!- • butrcn, density, db+ea icy, or gro•.+ch rate of x the human population o[ an area? b, Will [he proposal affect existing ho us icg, or create a demand for additional housing? 5. Soc!o-Economic Faccoa . Will [he proposal ha:e s ign if icanc resat [s in: a. Change in local oc regional sac io-economic charac cot istics, including econom!c ar <o.~ercial diversity, tax race, and property values? b. Will project costs be equitably disci :~u cod among project henef it iaries, i.e., buyers, [ax payers or project users? ,_, 7. La-r! "se Ind p'. :-, r.ir. Cansi.'.er art :rs. lr ill the p tcoa d.:i 'I,a':e ,n.:.canc rasuas .... a. .4 substanc ial aiterac ian of the present or `l planned '_and usa of an area? _ b. A conflict vita: .am designac io ns, ab;ecc i•: es, policies, or adcp cod plans of any governmental X entities .' c. An impact uFan the qulai q+ or Gmnc icy of exist in3 consumptive or non-consumptive rocceational opportunit Les' _- y3 , 9. Tray ocrtazlo^. Wi11 the proposal have signif i„ant resin cs in: a. Generation of suhstantia'_ eddir snal ve:^ic•.a ar movemen c? X b. E`.fects oa exi5 e'ng s ceecs, or demand far / ne•d sceec ca ns c: uc cion? LV\ e. Ef.'ec is on existing Docking facilities, or demand Eor nev parking? d. Substantial impart upon existing trans?orta- tion systems? ~( e. Alterations to present pa;te ras of circuln- L'on or movement of people and/or goods? ~( f. Alterations to or effects on present and pocen tial +a ter-horne, rail, mass cr ans is or air traffic? g. Increases in traffic hazards ce mo cor vehicles, bicyclists or pedes crians? 9. Cultural Resources. Will the proposal have significant results in: • a, Adis curb once to the int a;r ity of archaee Logiw 1, paleoncaiogical, and; or his corical resew r<es .' 10. Hea lth, Safety, and )tu isance Facto cs. lJill the pro posal 'nave significant results in: a. Creation of any health hazard or po Cen [ial health hazard? b. Exposure of people to potential health hazards? X ... A risk of ezplosicn or release of hazardous substances in [he event of an accident? _. ~( d. An increase in [he numh er of individuals ez species o: vector or pa[henogenic organisms ec the exposure of peon Le to such o[ganisas? _ e, tncr=_asz in existing noise Levels'. E. Expo s~~.re of ?ecp Le co po cancia:ly dangerous no iso Leve s.' g. The creation of o6jeccicnahle ede rs? /\ • h. An increase in light ar ;lore? YY l'.. :es c'.~.e^=s. '.: i~l the propos a'. have si's'.te'_c.:a. results in: the ohscr uccicn or degradaz ion et a.^.y sczr.ic ~/ /~ a. V15 Ca O: 'J 12W~ oEf ens ~:e b, The c:cat ion of as aes ehet ically -- .( L . s itz'. nE list :+ich Che obj ec cive of dzsig"aced A ca c. or poten vial scenic cozzidors? +~;~+ 4ii1 the preoosal es and 'eb lit Se r•+ices. tic __.,. 1?, have a sign Fit anz neea Ear new sys tens, or d1 CELaL10na t0 The LO it OW ing: a. Electric power'. ~' X b. Aa tu: al ar packaged gas'. - - J /~ c. Cc=.':~unica riots sys tens'. ~ ~ d. 'dater supp'_y'. .! / ` e. 'das[euaczr fat ili [ies? -' -- ~ Flood conxrol strut LUtes^. f - -" . • g. So Lid c+as ce facilities? h. Fi:e pro cecc ion.' i. Police roczc `_ion'. -- j. Schools' -- .( ` k. Parks or other recreational Eac ilicies? -~ /- 1, Nainceaance of public facilities, including roads and flood cor.crol FacilLtlzs'. -~ n. Other goveraaencal services'. ~" 13. Ener2•; and Scarce ?,^_sn urtes. Will the proposal ha•Je sign if icanc re sul cs rn: J / ~ a. Jae o. sn?s:aacic: ar excess b:e E•.+el or z.._ ,. ~ - b. Subsr.: nrial cnc r^-asa in den.and upen exisctng -- sources ~~ zner ;;: .' ~ An inc reasa in the deaand far deve io pc,e nc of X c. nzw soecces of energy' An irtcee ase or peroetuacion of the consunocion d . of non-rertewa'o le Eo ras of energy, when leas ib le tene•.+able sources of ene rqy are available? ~ -- -. Hr e. Suiscaatial de?Let ic^ o[ any hen r=_ne•.aaSie [- scarce na[ura; resource.' .~. >fa^dato rv Find:-^s r - - Dc es Che .rCjeet :,a V2 tie ?O Da ,^,]C11 t0 de?r~d~_ the c•.:a___ _ie eer: irc ^.c.e::: - Sstanc_aP reduce the habitat :[ fish or wt1...Ee spe~aes. cause a EiSh oz wild Life populac icn to dreJ h elow self sus coining levels, threaten co elialnace a plat.[ or ani^a1 coruni ry, reduce tie number or rest; icc tie range o[ a rare or endange ced plant or animal or eliminate important examples of the major periods o: `/ CaLif0rnld its CO ry 0[ prehis CJ r'J° • b. Does the p:oj ec: have the potential [o achieve short-teen, [o tie disadvantage of long-term, environ:.ental goals? (d shat[-term impact on tie envirarv^.en[ is one which oc ca rs in a re laciveiy brief, def inicive period of ti^e chile long- ceca impac s will endure •. e11 in co the future). c. Does the project have in?acts whit.". are ind i•: idually 1it:i ced, but cumulatively considerable? (Cur..ulative ly cons ideca'ole means Cb3t tie incr2.^..e nCdl of: EC [s of an • individual ?rajea are [onside ra6le when viewed is connect ica with the effects of pose prefects, end pro ba'o le Eu e:r=_ prejetts). Does the pro; ec: have em: irJ nr..eatal et feca which will cause substantial adverse eii eccs an hu :an bergs, eider diracc ly or ind ireccLy? II. DISCCSS;T.: pr c,~•.•IFO, ^;~17T,~L ECdL:,4:I0`: (i.e., of af:i-.drive ors:+e rs co tie ao uve ques:iJ ns pLus a discussion of proposed ^i:iga cicn r..easu:es). B 7K9NSQgZT,r;T/al~L a. ~ie un/ornx~nnrnfo~ Ujneya~,gYe. resd/f in /ncrrafe/Thiri_Jyy{/ic kt itu/ ar /nar~eJ a/n-s/.cefParkrn~ /n Yee 3n br-~/j/ i~~~/ 9. /aLKalG/ on-r/iref• 2grk~w9 of ~e /a/.E yrrr~lae ro+w~ /~N4s~ O~i~nf~4 /.~rJic~.1x be/wec.~ l'Cbwks,Pe~erlrri.~s ~iir~a/sfs; / / /O ,1/~,aa7ar, 5,4FE7Y ,ywn Eluss~t't? f9cTdes C~. /noes /~ liarbia:~I rnira /e/c/s ~ be ~r~p7tic~~ ldr~i increase dn-Sfr'n%f~/.E'i~y ~!n/ fbnd-7Y4~c mo/r.o~tilft' ~• //ttrule /n Gyhf wi!/ be v~ae/~rnrr~/ mii~ fie /ntk%/af+oN e~' J~rcef' liyyfifiag• 4/o.,y ~ie.~a~yr,E~fryc~Ja'e Ylic ek/ /~cu/t n~ b~ rid/e os /~tcrea ~ /y~~ v,T!~i! irdc~e5 /1e~yh~^heo~Gri~Ml~s (trk /MOMVif ~ rai..Jwn rhw `16 / III. DET c?_!I:C4iLOV On the basis of .his initial evaluation: • ,[--7~ I find the proposed proj ecr COI LD VOY have a si3n if icanc e_°:e<t ~/~-~/J~ on the envirowenc, and ~s ~a-~.y..alrcl a~ ~~ Co-«u~cC~,c ..\\~ ~~•4+`~F'T •~ 11f. Mtia~ a i~AC M`:J~l`..'~'!C ~v 1. MYS1.~ 1 _ L Eind chat although the prcocsed proj etc could F.ave a signiticaat eEFecc on [he env iro r~enc, there will not be a si3ni: icanc z[Eecc u in this case because the ait igac ion ^:easur es descriS ed an an attached sheet have been added co the proj etc. A SEGA: is°_ DEC'...1R.1TI0:7 (TILL BE PRE?.1.gEJ. I find the proposed project :1AY have a si3niEicanc effect on the envirnnenc, and an E:IVIROS2~VT I: D?ACT REPORT is required. Dale Z~ • 47 RESOLUTION NO.-E89.94-93R ~f-°z'r~ • A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL IFOR IA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED ViNEVARD AVENUE RECONSTRUCTION IMPROVEMENTS BETWEEN CARNELIAN AVENUE AND BASE LINE ROAD WHEREAS, the City Council of the'City of Rancho Cucamonga has reviewed all available input concerning the proposed Vineyard Avenue Reconstruction Improvements; and WHEREAS, said improvements require Environmental Assessment; and WHEREAS, an Environmental Assessment Initial Study has been prepared pursuant to the California Environmental Quality Act, as amended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The City Council of Rancho Cucamonga hereby approves the Environmenta ~essment Initial Study and issu ance5 of a Categorical Exemption for the proposed Vineyard Avenue Reconstruction Improvements. • SECTION 2: The City Clerk is directed to file a Notice of Determination pursuant to the California Environmental Quality Act. PASSED, APPROVED, and RDOPTED this 4th day of September, 1985. AYES: NOES: ABSENT: on i e s, ayor ATTEST: Bever y A. Authe et, ity erk y8 n LJ CITY OF RAtiCHO CL'CA:1f0\G.1 STAFF REPORT DRTE: September 4, 1985 T0: City Council and City Manager .ice/ ~y o `'` y 3 \,... ? ;' / ~ z ~ Z _ > `^ 197 ~ FROM: Lloyd 6. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for Tract No. 10047 located on the south side of Hillside, east of Archibald Avenue submitted by The Pennh ill Company The Developer, The Pennhill Company, is submitting an agreement and security to guarantee the construction of the off-site improvements in the fallowing amounts: Faithful Performance Bond: $347,000.00 Labor and Material Bond: $173,500.00 These agreements replacement agreements approved by Council on December 5, 1984 from The Anden Group, RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to release said agreements approved by Council on Oecember 5, 1984. Resyectfully submitted, y9 CITY OF flANCHO CUCANOXGA IMRROYEMENT AGREEMEXT fOR TRgCT X0. 1009] KNON 4LL NEN BY THESE PA ESExiS: That this ag re emen[ is made and ente reC into, in conformance with the provisions of the Subtlivisipn Map Act o! the Stale of California, and of the applicable Ordinances of [he City of Rancho Cucamonga, [alifo rnia, a municipal corporation, by and between said City, hereinafter referred to as [he Lity, and 7,Z ,(~ ,(„y/ P. (~/ hereindt ter re erred co as the NITNESS ETN: THAT, NHEREAS, Bald D¢velOper e¢sires Co develop cent ain real property in said City as Shown on the condi tianal7y approved, subaivisian known as it act Ho. 10047; antl WHEREAS, said City has established cert afn re quiremenis to be met by sate Developer as prerequisite to apprpvai of said Subdivision generally located on the south side Of Hillside Ap ad, ¢as[ of grchibdld gvenue. NON, iHEAE FOR E, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's eapen se all improvements describes on page 6 here- of within twelve months from th¢ eff ec[ive date her eaf. 2. This agreement shall be effective on the dace of t~ resplut ion pf the Council pf said City approving this agreement, this agreement shall be in def au it on the day follow- ing tht /first ann ivef5ary date of said approval unless an a+ten- sion of time has been granted by slid City as hereinafter prov,tl- ed. 3. The Developer may request an extension of time ip complete the terms hereof, Such re quett shall be su bmitteC to Lhe City in writing not less than 30 days before the eapiratipn date hereof, and shall contain a slat emen[ of <ircvmst anc es necessitating the eatension of time, The Lity shall have the right to review the provisions of this agreement, Including the [enstruGtian tt dadardS, cost estimate, and improv emen[ Security, and td requf re ad3ustments therein if any subi[antf al change has occurred during the term hereof, 0. ii Me Developer fails pr neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful mQ dnS, dnd thpr ellpon r2C OV 2r ffOm [[le DPVPloper dOd/or his SJrQay the full cost and expense incurred. 5, the Developer shalt provide metered water serv~r~ tp each lot of said development in accordanre with the •equ!:: ~~ans, Sthe dples, and f¢es of the Cuc aaonga loon [y Nater District. 6. the Developer shall be responsible far replace+~ent, relocation, or removal nl any component of any irrigation water syS tQm in Cpn/lir-t Ni ttl COnSCruC:lnn e( regUirPd Impf pV29Qn[5 LO the satisfaction of the City Engineer and the owner pf such water system, r 1 f~ S~ 7. Improvements required to he constructed snail conform [o the 52 andartl Or swings and Standard Specifications of the Ci!y, and to Lhe Iaorpvemen( Plan approved by and on file in the off ,ce of the City Eng,nee r, Said improvements ar Cobol a[ed on the CpnsUructlon ana 9ond Estimate, herepy incorporated on page b here aF, as taken from the improvement plans listed [hereon Dy numbQ r. Thp p¢v¢l Op Bf Shall also D¢ r¢sppnSlD la IOr Cpnst.'OC- tion of any transi [i ohs or other incidental work De yo nd the tract boundaries as needed far safety and proper surface drat nag^. Errors or omm~ssions discovered during cpnstructin shall be <orrec led upon the di recN on of the Ci[y Engineer. gevised work due to said plan wodifica[ions shall De cpvered by the prpvis'.ons of this agreement and 5ecared by [he surety covering the original planned works. B. Lon scrac ciao permits shall De obtained Dy the Oev eloper from the office of the City Engineer prior to star[ of work; al; regulations listed thereon shall be observed, wi [h atten ti an given to safety pep cedures, control of dust, noise, or other nuisance to the area, and to pr oDer notification of pu bite utili[tes and Lity pep artments. Failure to comOlY with this s¢ction shell De subject to the penalties provided therefor. 9. The Oevel oper shall be responsible for removal of all loose racks and other dehris from public rights-al-way within or adjoining said development resulting from work relative to said development. 70. Nork done within existing streets shall be • diligently pursued to completion the City shall have the right to complete any and all work in the event of unjustif;ed delay in completion, and to recover all cast and expense incurred vrpm the Developer and/or his ca n[rac for by any (awful means. Il. Said Developer shall at all times following dedica- tion of the streets and easements in said subidiv isiDn, up to [he completipn and acceptance of said Bork or improvement by said City Council, give gpod and adequate warning tp [he traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling pu bite /r om such aefectf ve or dangerous conditions. Until Ih¢ Completion of all improvements, herein incorporated on Page 6 to De performed, each of said streets not accented as ImprpvemenUS shall be under the charge of said Developer. Said Developer may clos¢ d11 or a portion of any sf reet suD]ect to thf condi [tons contaf ned in a temporary street closure permit, issue0 by the Lity Engineer, whenever I[ Is necessary to protect the publfc during the co natruc[i on of the Improvements herein agreed to be mane. l2. Parkway trees required to De planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall De done as provided by Ordinance in accordance wf th [he planting diagr as approved by the City Lpmmunity Development Director, The Developer shall De responsible for maintaining all trees planted fn goad health until the end pf th¢ guaran[e^_d maintenance period, pr for one year aR er planting, wnichr.ver is later, 13. The Oe veloner Is responsible for meeting all conA1- tlons established by the City pur su an[ to the Subdiv'sion Bap Ac[, City Ordi antes, dnd th't agre¢me n[ for the development, and for [he maintenance df all improvement constructed [hereunder -2- $~ Developer to do specified w¢r¢ vith respect to any parkway mdlnt2pdntQ dSS E55m2nt d15Lf'Ct. DOLE tAe impfOV Pmen05 AdvP bpQn accepted and a maintenance guarantee secure [y nos been act ept¢0 by tAe Ci[y, the other improvement security described in this agreement may he released prOV Sded that such releese fs ptAerwiee authorized by the Subdivision Map pct and any applicable CiCy Ordinance. S7. That the Oevelpp er shall take out and main ta,^. such public IiaUili[y and property damage insUr ante az zAall protect him and any contractor or suh contr actor performing work :n v_red by this agreement from claims for property damages whlcn may arise because of the nature of the work or from Doer a;ipns ender this agreement, whether such operations be by Mmself or by any con [r actor or svbcon lr actor, or anyone dire r.tly pr ~ ctiy employed by said person;, even though such damages he nc; cw used by [Ae nzgligence of tAe Developer or any contractor ar subcontractor or anyone employed by said OersOne. the public liability and property damage insurance shall list the :'. ;y as add itpnal insured and directly protect the City, its off,ceri. agents and employees, as well as the Developer, hfs contractors and his sabc ontract ors, and dll insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: Contractor's Habit sty insurance providfng bodily lndury ar dea[A liability If mits of not less tha f 300,000 for each person and f1,000.000 Por each accident or occurrence, and property damage iiabil- fty limits of not less than f100, 000 for each ac dent or occurrence with an aggregate limit f 250,000 for claims which may arise from the ppe~ Lions of the Developer in tree perfp rman<e of tAe work herein provi deA. Automobile liability insurance covering atl v eAicles used 1n Me performance of this ayre ement providing bodily in3 ury liability limits of nOt less than fzDD,DDD for each person one f3D0, CCJ far each accfd¢nt or occurrence, and property damage liability limits of not less than 550,000 for each accident or pccu rrence, with an aggregate of not Less than /100,000 which may arfse from the opera- tions of the Developer or hfs Contractor In performing the work provided for herein. 18. That before the execvtlan of thfs agreement, [he O evelaper shall f11e with the City a certln cote pr cert ~~f,c rtes o/ insurance covering the specified insurance. Eacr sucA certlficate shall bear an endorsement preciud,nq roe cancellations, or reductipa in coverage of any policy ev'T2 aces by such certificate, before the expiration of thirty ;3; Pays efter the City shall have received notification by rey~ .+red mail from th¢ insurance carrier. As evidence of understanAing Me Drovisions contained her•~n. and of intent to comp lY wl th same, the SuhdYVider has subm,t L~: the toilpwinq described improvement security, and has a/n„ei his slgna t.re hereto: -a- I 7'm' S } iAlTgiyl PERFORMANCE TYDe: Dr :nciD al Amoun[r S7a1,000. DO Name and add resz D! surety: INS JPANCE CJN PntiY OF THE ~FST, v. p, BO% 29;9. i'.Si I.1. CA 92681 MATERIAL AND LABOR PAYMEkT Type: Principal Amount; 31]3,500.00 Name and address of sure [y: I NS'JPANCE COM VHtiY OF iNE ~EEi, P. 0. BO% 2D)3, i'JST 14, CA 92631 CASN DEPOSIT MONUMEXTATION Type: Principal Amoun r. 53,310.00 Name and address of surety: INS URAYCE CDnPPNY DF THE MESi. P. D. BD% 2939. TUSiI N, CA 92691 Np INTE NAXCE 6Uq RA NTEE TYpe: Principal Amount: Ndme and address Of SUf ety: TO BE POSTED PRIOfl TO ACCE PTgNCE BY iNE CITY • Irv a RxESS NEAEOF, the parties n¢reto have caused these presents to be duly executed and acknowledged with all formalities re paired Dy law on the dates set far tM1 opppSite their sign at upr es. Da [e ~1 ~~y~•~J~ by ,Oo_¢elooer iynature 7/IP /'pn/'!,'i~ ' <n pia,.. [ tt/ Printed a " ~~ Oate Dy ~ ~ ^4avtY` ,Jerebdar i9n are 7Tf~iai f rrxre~ ~e.'.,e.,.r -min ted Accepted: City of Ran r.ho Cucamonga, California A Municipal Corporation Ry: Mayor Attezt: ity er 0.pproveC: _ ~'~ OEYELOPEA'S SIGN 0.TUR F. MV ST eE NOT Afl IZED I -S- S3 CITY OF RA.4C110 CU[NaN3XGA ~ '~ r ENGINEERING DIVISION • ENC0.0AC19!EHY PE.oJ1IT FEE SCIIE OL'LE Fpr Imprpvlnent : TrOCt po. I00+" Andln/C P Ln nCe "^.a in ce rs Odle: 1171],'BS~ LOmputetl Dy: file Re er cote: City Drawing o. ROTE: Oaes rmt Inc Jude current lee !Or arr Ming permit or pavement deposits QUANTITY UN (T ITEM PRICE AwDV4T L.F. P. C.C, curb - 12• C. F. 24• gutter 7.25 v.l an L.F. P.C.C. curb - B^ C.F. 24^ gutter 6.00 +2.naa.0u L.f. P. C.[. curb only 5.50 _ L.F. A.C. b¢rm 4.50 ~fi]nVn S. F. d" P.C.C. sideealk 1.75 LJ.:_^.i0 6unon ~ S.F. Drive approach 2.50 +.0 m.UD _ 91^ S.F. A" P.[.[. cross gutter (inc. curb) 3.40 J..~.a .3D lames 0o C.Y. Street excavation 1.50 21 .';o.uU 500 C.Y. Imported HAD dOkment 1.50 Ci0.00 IJ~T 10 $.F. Preparation of suD9rade 0.15 20. uid.i0 S. F. Crushed agg, hale (per inch thick) 0.03 2y690 TON A.C. (over 1300 tons) 27.00 Tx. J60.00 TON P. C. (900 to 1300 tons) 35.00 TON A.C. (500 to 900 tans) 45.00 TON A.[. (under 500 cons) 60.00 S.F. A.C. (3• thick) 0.55 S.F. Patch A.C. trench) L75 1960 $. F. 1^ thick A.C. overlay - 0.30 1, +de.u6 EA. Adjust serer manhole to grade 250.00 _ EA. Adjust sever cllen au[ to grade 150.00 _ 2x EA. EA. Adjust eater valves to grade Street lights 75.00 1000.00 x. L.G. Barricades (inter9ec. 5500 min) L00 556 L.F. 2 e 4^ redwood header 1.75 ~s non S. F. Removal of A. C, pavement 0.35 s.^;o 00 L.F. Removal of P.C.C. curb ].JO L.F. Removal of A.C. berm 1.00 ~2 EA. Street st gns 200.00 .;n n.nn EA. Re/let [a rs and pasts 35.00 L.F. Concrete block call 25.00 $. F. Retaining call 20.00 ~o 50io TON Aggregate Dase 7,00 41,Jin.09 1 C.Y. Concrete structures 425.00 +2s. 00 IT L.F. IB^ RCP (2000 0) 29,00 1. ^.1 B.00 so L.F. 24^ RCP (1500 0) 35.00 1.]60.00 1jI t9 L.F. 36't RCP (2000 D)J]" k ]6" /s.0a X9CAQ So.Jis. oO L.F. 48" RCP (1200 O) 76.00 EA. Catch basin N 4' 2000.00 4 FA. Catch Das 1n N • 61' T 4< 10' w/grates 2900.60 1/ 300 00 i EA. Catch Das IA N •%!%K ll' 76Ypagp 1,000. 00 +.000.00 EA. Local depression 4' 500.00 y EA. local depression EZkX a', l0' h la 1000,00 a non nn _ . ~ EA. Junction structure 9080'.DQ 900.0 0 ann nn _ ~ EA, M.H . DOUIXi~%tF%Y6t4Xe, S[d 1906 x610 L90B:W x,000. 00 an„n nn _ ' EA. Outl¢t structure, Std 1507 500.00 EA. Guard posts 10.00 LF, Guard panel (woad) 25.00 ' 150 L.F. 6awcut 2.00 o+n nn EA. Heaa.all (ae^ wing) 4000.00 L.f. Redwood header 1.15 $.f. Landic ao ln9 6 Irrigation 2.75 L.F. 0.011 curb (P.C.C.) ],50 ENGINEERING IN SPER ION fEE SN snF SUB TOTPL n 'RESiORAiION /0 EL L4EAilON CASH 1.OOU CONTINGENCY COSTS ~ ! s OEPOSIi (AE F U NOA6LE) FA RHf UL PERFORMAN CE 80.10 (1C0; ) XONUMENTAi ION SURETY (C ASH) 1.J6n LA80R AND MATER] AL BOND (SOY) ~~, n •Pursudnt to [Ity aI poncho Cuc an¢nga Xunlc lp+I Cade, TIt1e I, Chapter LOB, adop Hag San Bernardlm County Code Tlt les, Chapters l-5, a usn restoration/Oeltneatlan deDOS1t shall Oe jade pr for to Issuance oI an Eng lncering Construct) on Pernlt. ~~ ~ awianH v9a Sep • ^- EME CUTFD IN TeI PLICaiE B9nD •n. 134)92 FAITMF UL PERiORMANCE BONO NHE REAS, the Lity Council of the C1ty of Ren cho Cucamonga, $[atp of California, and THE PENNNILk CDn PANY, LTD. (hereinafter designated as "princ~pa nave en [erect into an agreement whereoy principal agrees to install and complete certain designated Duolic improvements, which said agreement, dated AupusT it 1985 and identih ed as project ract No. ,s ere y ref errata and made a Dart hereof; ana, NNEkEAS, said Orincipai is repo ired under the terms of said agreement tc fcrnish a bond for the faithful performance of said agreement. NOM, THEREFORE, we the Drinci pal and INSURANCE EOnPANY DF THE uESi as surety, are held xnd firmly bound unto the sty o ancho Cucamonga (hereinafter called "City'), in the penal sum o! Three Hundred Forty-Seven Thousand and 00/100 Ool fors (3347,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, ,jointly and severally, firmly by these presents. the condition of this obligation is such that if the above bounded principal, hiT or its heirs, executors, administrators, . successors or assigns, shalt in all things stand to and abide ey, and well anC truly keep and Derf orm the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his pr their part, to be kept and performed at the time and in the manner therein speclffed, and i all resoects accordtng tp their true intent and meaning, and I shall ineemnify and save harmless City, its officers, agents and employees, as therein s[Ipulaf ed, tnen this ablig a[iDn shall become null and void; otherwise, {p shall be and remain in full force and offec t, As a Dart ai [he obligation secured hereby and in addif iDn to the face amount spec if fed therefor, there shall be Inc laded costs and reasonable expenzes and fees, including reasonable attorney's fees, Incurred by Clty in succe SSf ally eM Orcing such obligation, all to be taxed as costs and included in any ,judgment rendered. The surety hereby st7DUlates and agrees that no change, extension of time, alter atlon or addition to the terms of the agreement or to the work to 6e Der/ormed thereunder or the ipect- fications acc ompanying the same shall In anywise a(f ect its obligations on Mis band, and It does hereoy valve notice of any such change, extension o/ t1me, alteration or addittan to the terms of the agreement or to the work or to Me specifications. IN N1TNE55 NHEREOF, this instrument has been duly executeA by • the principal and surety ebove named, on AUGUST il, 198 9 iME PF N'.+IU-. COhPnNV, LT p. INSURAh ff rpnPaNY 7F "E ^E'T eve oiler urety ~ ~ ~ ~~ - G t~ •C / ~.ai .~ -( tgnatu re - ~~~ {{,AgAttorneY-~n~~~~actT- Thp".a; E. tucker, rrs i-0rnI C. N, witeen born PLEASE ATTACH DOVER Of AT 70RNET TO ALL 80NOS SIGNATURES MUST 8E XOTARI2E0 S d' ~- EX EG'.JT Ep Ix TBIPLi LATE JGVO •:p: :;4792 PgEYI'JH INC!'JDED IN CHARGE FB LABOR ANO MATER LiL MEN eanD °EnFppnHNiE Bpr~ NHE RE AS, the City Council of the City of Rancho Lucamong a, State pf Califprn ia, dnd TNF PENN!II LL EGMP~N'/, Li C. (hereinafter designated as "pn nc~Da have entered into an agreement whereby principal agrees to install and comol ete certain designated public improvements, which said agreement, dated Aucusi 11 198 5 and tden [if led as pra3eci ract rvo. is hereby rpf erred <o and made a part h erepf; antl RHE0.E AS, under the terms of said agreement, principal is required De Pore entering upon the performance of [he cork, to file a good and suf ric sent payment bond wtth the City of Rancho Cucamonga to secure the claims to which reference is made in Title IS (commencing with $ectipn 3082) of Part 4 of Oiv isrpn J of the Civil Code of the State of California. RON, THEREFORE, said Dr{ncipal and the undersigned as a c prparate surety, are held firmly bpuntl unto the Cjty of Rancho Cucamonga dnd all contractors, 5u 6c ontrac[ors, laborers, mater iai men and oMer per sp ns emplDYeO in the performance of the aforesaid agreement and referred to in the aforesaid Cade of Civil Procedure in the sum of One Hundred Seventy-Three Tha us and Five Hundred and 00/100 Dollars if173,500,00), For materials furnished or labor thereon of any kind, or far amounts due antler the Unemployment Insurance Act with respect to such work or labor, to at said surety will pay the same in an amount not exceeding the amount herelnabove set Iorth, and also in case suit is brought upon this bond will pay fn atldiFion to the face amount thereof, costs and reasonable expenses and tees, including reasonable attorney's fees, incurred by City in successf ally enf acting such ohlfgat ion, to be awarded and fixed by the co u~ and to be [axed as casts and to be included in the jud9 therein rendered. It is hereby expressly Stipulated and agreed that this bond shall inure to the benefit o/ any and all persons, companies and eorD Or ati ons entitled to file claims under Title 15 (commencing wi [h Section 3082) of Part 4 of Oivison 3 of [he Civil Code, so as to give a right o/ action to them or [heir assigns in any suit brought upon this bontl. Should the contlf lion of this bond be lolly performed, then this obligation shall become null and void, others ise it shall be and remain in full Porce and effect. The surety hereby sH palates antl agrees chat no change, extension of time, alteration or adds tl on to the terms pt said agreement or the SDecif stations accomDanyin9 the same shall 1n any manner affect its obligations pn this band, and it does here- by waive notice of any such change, extension, alcera[lon or addition. IH N[TN F.55 NHEREOF, His instrpment has been duly executed by ---.- - the principal and Surety above named, on AUGUST ii I9B r _, ' • r~•xx Awn AN'I LTA. INSUAANC COMPAxy 9F n~E aE ST evf oiler urety i0nature Pf torney-,n- ecT "TM1Onas E. Tacke•, PreSiAe~t K. d. Ni Uennom PLEASE ATTp'.H POMER OF pTiOR NEY TO ALL BONDS SIGNATURES MUST BE NOTAq[2ED . S6 sueRly is mn GUANANTEE NO PERF00.M NNLE (SETTING OF F[MAL MONUMENTS) City Council City of Rancho Cucamonga D. 0. Boz 807 Ranchp Cucamonga, California 91730 Gentlemen: Dursuan[ to Chapter 4, Article 9, Se<tian 66497 of the Gaver nment Lode, the undersigned hereby agrees [ha[ all monuments shown nn the final map of Tract No. 10047 are So De se[ and furnished by the su DCivider's engineer or surveyor on or before 1/1/95, as sDeci/ieL in the Engineer's or Surve ypr's Certificate and agrees to furnish the notes thereon to cpmpiete all en91n ~nn requiremen [s sDecif i¢d in Section fi6497, pf the Government L,oLe. The un tlersigned hdpda you herewith the sum Df S 7,350.00 as a cash deposit, said deposit to guarantee that the monuments Bill De Set and [he notes furnished as above provided on ar before the date spedlied and [Dot the engineer or surveyor will De Da id by the undersigned. -- [t Is further understooe and agreed that 7n the event the undersigned fails to complete the above requirements within the fime ipeci(ied, the City of Rancho Cucamonga is autha ri zee to complete said requirements or cause them to be cam Ole [ed and the cost thereof if to be a charge against said cash deDOSit, and the • City of Rancho Cucamonga is au[hori zed !o make Lire ne r, eSSary transfer from said cash deposit to the credit for the proper city fund. It ?s further agreed chat if the undersigned does not Ares?~t eviAen c? [n the City Counca :hat he has paid the engine ar p- surveyor for Ibe setting of the final monuments, and if Me engineer or surveyor gives the notices prescribed in Sec[^r 66491 pf Me Government Lode, Me Li ty sha17 pay to said engine^~ or surveyor, the cash deposit herein made. II the cost of completing said requirements exceeds the amount of [tie cash deposit, the undersigned agrees tD pay the dif/erence within thirty (30) days after receivi n9 written Statement from the City of Rancho Cucamonga specifying the amount of the difference between the cash deposit and the actual cost of saie requirements. [ordi ally, THE FF.4ITIILL RaNhVY, L"D. W: , SpDdillLef ~itt~ki-E:'TI,'fy}]ir ats President 14 L81 'i^_4~A 51'R6: FJIIE / N- ALL^~u ;CSpI r\IdI',`,Ni L' 926 AC Dace aac.^ as. tees The dap osi ter of record (for return of any Dortion of the ush deposit) shall he TYlY'i ~:: 'r. l'l?Fn cfi5. :'. iI'. '['•pl; :{GAl 'i^PllA nT._ ,c,?1 ..._ .. ~.,. G ^ Name Address NOTE: TO BE SUOMIT7E0 FULIT FILLED OUT M1NO SIGNED ~ s7 N~ RESOLUTION 40. {~89-04~B4R b' S "a ~ • A RESCLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 10047 AND RELEASING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT N0. 10047 PREY iOUSLY ACCEPTED BY CITY COUNCIL WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Tmprovement Agreement executed on September 4, 1985, by The Pennhill Co. as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the south side of Hillside, east of Archibald Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Tract No. 10047; 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 RESOLVED by 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 6eh alf of the City of Rancho Cucamonga, and the City Clerk to attest thereto and to release Improvement Agreement and Improvement Security approved by Council on December 5, 1984 by Resolution No. 84-29. PASSED, APPROVED, and ADOPTED this 4th day of Septemher, 1985. AYES: NOES: ABSENT: on D. Mike s, Mayor RTTEST: Beverly A. Authelet, City Clerk S8 • • CITE' OF P.~1~CH0 CL'C.AyiO\G~1 STAFF REPORT GATE: September 4; 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Linda Beek, Engineering Technician ~~cn.~rp %~ yf z r ~~. T ~ ~ ,-:~I r~e`~ ' Z ~- ~a;; ~ SUBJECT: Approval of Improvement Agreement and improvement Security for Tract 10210 located north of Almond, east of Sapphire submitted by Forecast Mortgage Corp. Tract No. 10210 was approved by the Planning Commission on September 23, 1981 for the division of 46 acres into 33 lots in Lhe Hillside Residential Development District located north of Almond, east of Sapphire. The Developer, Forecast Mortgage Corp., is submitting an agreement and security Lo guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $557,700.00 Labor and Material Bond: 5278,650.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water Oi strict. C.C.&R.s have also been approved by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract 10210 accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. LBIU[B: ,j as Attachments ~9 CITY OF RANCHO CUC AMDNGR INPRDVEME ni AGREEMENT FGN TRACT 10210 di.MOND INTERCEPT CIIANNEL kNOH ALL MEN BY THESE PRESENTS: That this agreene nt is made and entered into, in conformance with the provisions of :he Subdivision MaD Act Of the State of California, and Pf the ap0l is able Drdinances of the City of Rancho Cucamonea, California, a municipal corporation, by and between said City, hereinafter re Porr<d to as the Ci[y, and ~pO><e<ast Coco. hereina ter referrep :o as ; DeveioD<r- NItNESSETN: THAT, NN EREAS, said Develop er desires to de v¢1op cert:~, real property in said City as shown an the conditionally aCpr:,e; svbdi visiDn known as -[r-w.c~N• IOit~ an; NN EREAS, said City has established certain requ~remen;s to be met by said Developer as prerequisite to aDD rov al of said subdivision qe nerally located at AI ..d s 4. i 1 smgpt,.e sa.¢el- NON, TNEREiDgE, ft is hereby agreed by sofa City and by saitl Developer as follows: 1. The Developer hereby agrees to construct at Developers espense alt improvements described on pa 9e 6 ner¢- • Of within twelve months from [he <ff lclive date hereof. 2. This agreement shall be effec tl ve on [he dare of [~¢ resorption of [he Council of td id City approving toss agreement, ih is agreement shall be in default qn the day PollPw- lnq Lil! flr5t dppiV¢f5dry dd Le Of Sdid dDPf OVaI PnIe55 do 2At¢n- slon Of time has been granted by sdsd City as hereinafter prOV~•d. ed. .3. The Developer may request an eat <n5i0n of time tp c0mp1¢I¢ [he LeYmS hereof. Such request shall Oe su bnit[ed to the City in wri[f ng not less than ]0 days betare the erpiratipn date Nereol, and shall contain a statement of circumstances necessitat!ng the eat ension of time. The [icy shall have th¢ right to review the provisions of this agreement, including the construction standards, cost estimate, and improvem en[ sera r, ty , and to require addustmen is therein if any substantial change nos occurred during [he term hereof. ~. If the Developer tails !r neglects to comply w the provisions Of this agreeme nf, the City Shall have the r at any time to cause said prOVSSi cos to be met by any lawf ,~, means, and thereupon recover from Che Developer and/or his sur~;r the full cos[ and e.p en se incurred, 5. the Developer shalt provide metered water service to each lot / i l o sa d deve opment in accordance with the re gpiat~ons, Schedules, and fees o/ the Cucamonga County hater Diz[r is t. 6. The Developer shall be re spOnsible for repla<fine n; , relocation, or removal of any component of any irrigation water system in conflict with constrvt;ipn of rOqulr¢d improvements tp ine satisfaction of the CI[y Engineer and the owner of such wat+r system. -3- • /~ /,O l S irac is and Co-n/Ind. P.4. ~. Improv em en[z repu)rea to be con strutted snail cOnlprm tp iM1e Standard Dr dwlnyd and standard Sp PCif stations Of the [ r. y, and [o the Impr ovem ens Plan approved by and an file in the office of 4he City Engineer. Said improvements are [abut at ed on the Co nsv action and Band Estimate, hereby incorporated on pag< 6 hereof, :5 taken from the lmDrov em ens plans listed [hereon by number. the Developer shall al s0 be resppns ihte for cpnsVUC- tipn of any transitions or other incidevt al Bork OeyOnd ih¢ tract beundar ies as needed tar safety and proper surface tlrainag¢. Errors or ommission5 discovered during canstr uc:fn shalt Ce correc [ed upon the direction of the Ciiy Engineer. peviseu wp:k due t0 said plan modif icatf ons shall be covered by Che prcvis ions Of 6his agreement and Secured by [he surety covering the on gi sal planne0 worts. ' 8. [Onstruction per-i is sh al! De Obi dined by Developer from [ne off i[e of LM1e Ci[y Eogineer prior f0 start ~of work; all reguldtions IiSL^d :he reDn shalt be oD Served, wi[r attention given to safety procedures, control of dust, noise, Or other nuisanc¢ t0 Ine area, and [o proD¢r notification of oub:ic utilities and City Oep ar[ments. Failure to cOm01y with cn •.s section shall De subj ¢ct to the penalties pr avided therefor. 9. The Developer shall De re soon sib le for removal of all ioose racks and other debris (ram public rights-of-nay within Or adjoining said development resulting from wn rk relative to said develoom ens. 10. Nork done within eat sting Streets shall be diligently pursued to completion; the CI [y shall have the rigb; • [o complete any and alt cork in the event of unjustified delay in comole[i on, and to recover ail cast and ekp ense incurred from tie De velOper and/Or M1ls contractor Cy any lawful means. 11. Said Develop er shall at alt times following dedf<a- tiOn of fhe streets and eas emen [s in said suDidivisiOn, up to the cempie:i0n and acceptance of said wore Or tmpr oven ens by said City Council, give good and adegu afe warnin0 tO [he traveling Du blic of eacn and every dangerO US c0 ndi tion e.istent in said street or easement, and will protect the [raveling Du01ic from such de/ec Live or dangerous conditions. Until the completfOn of a71 improvements, herein Incorporated on Page 6 to De per/ormed, eacn of said streets not accepted as improvements shall be under the charge of said Developer, Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, fss ced by the City Engineer, whenever it is necessary tD Protect the public during the [on st rut [ion o/ tA¢ improvements herein agree0 t0 De made. i2. Parkway trees regui red to De planted shall be planted by the Developer after of her impravem en[ work, grad rng and cleanup has been co mplete0. Planting shalt De done xs provided by Ordinance In accordance with the Dtanting diagrar approved by the City Community Deve lo0ment Director, The Developer shall De respOn5l ble for maintain ing all trees planted in good health until the end of the guar an L^ec maintenance pen otl, or for one year a/:er piantin g, whi<he ver i5 later. 13. The Developer is responsible for r.¢e[ing all conEi- tions esta Dlished by the Ci iY pu r5udn[ t0 tho $uCtlivis~on • /a~~ ~~ (~.~~ Map Act, Ca[Y Drdiances, and Iris agr=ement far the d?ve iapmen ;, and /ar [he maintenance of all imJrOV em en [s constructed [hpr<under until tI1P imDrovem ent ii acCeptPd fOf naintenanC¢ Jy the Ci[Y~ and no improvement security prOVtded nerei o-xiM shah b¢ fllPdied bef are sUCn d[C2DtdnC¢ vnl os$ OLhEYaiSP prOVidPd dOd auThan xed by the CI Iy Council o/ the Ci[y. la. This agreement shall not terming;e until the math[ enance guarantee security herein alter described has bran released by the Ci.y, or until a new agreement together xrth ;ne required tmprOVem ent security nos been submitted :o ;he City .~ a succe sstlr [0 the herein named, and by resDlut~en of tre '~ Councai same has been ac ce ptetl, and fhts agreeae n: anC ~... improvement secur ay therefor nos been released. I5. The improvement secure ty to be furnished by OevelaDer with this agreement ih ail consist DI The follvxtn0 a.,, s hail he in a form acceptable by [ne City Attorney; A. TO secure (aithf ui p<rlOrm ante of this aDr eem<n;. 1. A 00 red Or bonds by One or more duly dDthon ]?C corporate sureties in the form antl come^; spec iffed by Government Lode Bectton fi~a99.1, 2, An Improvement Security Instrument in the form and content specified by the City Atiarne y. J. A dCpOSi[ wl[n tna [t[y of mOnPy Or nP 9a[1db 1P hands 07 the kf red approved far seu r.na deposits of pubiiC monte s. 9. TO 52CUre IdpOr^r5 and mdL CrldlmPn; 1. A bond or bonds by one or more duly av :nor ;, ed • corporate sureties in the farm and car:°': specified by Government Code Section 65.99.;. 2. An (mpro vement Security Instru~ent in t^^ 1:r-. and content specified by the Ci[y A[tprne v. 3. A deposit wish Lity of money or ne gat~aYe bends of [he kind approved far securing L. A cdsn deppstt Mf th the [Ity CO guaran CPe pdy^ien: by [he Developer to [he engineer ar surveyor whose certificate appears upon the Final Map for the setting o/ all boundary, lot corner, and itre^: centerline monuments and (Or furnishing centerline tie notes t0 roe Cfty. The amount of Che depost: may be any amount certified by the engl neer or surveyor as acceptable payment in full; or, f/ no value ii submitted, the cash pond shall be as ihavn On the Cons trot tf on and Bona Estimate cOntaineC herein. Said cash deposit may be ref uneed as soon as proce- dure permf[s after receipt by the City of the centerline tie notes and wr7 [ten assurance of payment in full from the engineer or surveyor. D. Tree requf red bonds an0 the principal am ovna [he reo( are set forth on page 6 of this agreem en[. 16. The Developer warrants that the improvements described in this agr eem en[ shall 6e free from defects in materials and workm ansni0. Any and alt Dorf ions of the improve- ments found m be de(er.ive wf thin one (1) year follpn ing the data on whaan the inprOVC-ents are accented by the City shall be r¢Daired or replaced by Ooveloper free of all ch arses :o :ne City. the De ve lapel shall furnish a main[ do dnce guaran:!¢ sP[vrl Cy 10 d sYm PQvdl [D CPO p?rC^'I[ (1D:) Of Che COnS:r aC t1 ]n • .~. 1 ~ 1 r esiim ate or 5200.00, whichever is greater, t0 secure tAe faithf ut peria rm once of Developer's ohl igations as described in this para- graph. The maintenance guarantee seta rely shall also secure the /aitnf ul perf orm once by the 0evelopcr of any oblig atipn of the Oevelooer to do specs[ ied work with respect to any parkway maintenance assessment dis[r is t. Once the impro vem en is have Deen accepted and a maintenance guarantee security nos been accepted Dy the City, tht other {more vement teCU ri [y descrihed in [his agreement may be releas e0 provided that such release is otherwise authOri zed by the Su baivisien Map kc and any applicable G :y Ordinance. 17. That the Oevel o0 er shall take out and main[ eln such public liabil sty and property damage insurance es shall protect him and any contractor Or subcpnt ractcr pets 0rntng wori cove^=; Dy this agreement from claims for property damages whi ce rp. arfse because of the nature of the work or from operations u thfs agreement, wneth<r sech oiler alfons De by himsei/ Or Sy na contractor ar subconirac tor, or anyone directly or ind,rect!y employed by saitl pets ont, even though such damages b! not cavsec by the negligence p/ the Developer Or any contractor or suOCOn Va[tor or anyone employee by said persons. The pu Olic liability and property damage insurance shall list the City as additon al insures and di rec tty protect the City, its officers, agents and emDlOyeef, as well as the. Oevel oiler, his Contractors and his suDCpn[r actors, an0 all insurance policies issued hereunder shall so state. The minimum amounts of such fnsur ante shad be as follows: • p. Con tr act Or's lie bili [y insurance providing Oodily injury or death liability limits of not lest the 5300,000 for each person and 51,000,000 for each accident pr occurrence, and property damage liah:l- ity Ifmf is of not lets than 5100,000 for eacn acci- dent pr occurrence with an aggregate Ilmit of 5250,000 far claims whim may arise from the opera- tions of the Developer in the performance of the wa rk herein provides, e, put omabl le liability insurance covering all vehicles used in the perform once of [his agreement providing Opdily Injury liability limits of not less than 5200,000 for eacn person and 5300,000 for each accident or occurrent, and proper tY damage liability limits of not less than 550,000 Ior each accident or occurrence, with an aggregate of not less than f100,000 which may arise from Lhe Opera- t7ons Of the Developer or hfs Contr act ar in performing the work pr OVi ded far herein. 18. That helore the eaecutf on of this agreement, the Developer shall (i to with the City a certilic ate or certificates of insurance covering the specified insurance. Fach such eertif icaie shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy ev ide~ues by such certificate, before the eapiration o/ thirty (30) days after the Cfty shall have received notrfication by registered mafl from the insurance carrier, pi evidence pf understanding ine provisions coot dined he refn, and of in [en[ to comply with sam<, the Subdivi dOr has svbnitt ed the (plloving de scrt bed improve meat seCUr ify, and has off iwed his Signature here!0: • -4- ~3 FAITHF VL PERF OP.MAnLE TYPe: 7NTE RCEP` CHANNEL Pr:ncipai dmount: Sidi,i0v' Name and address of surety: Oevelupers Insurance Canpa rry 333 'dil sh ire dl vd. Anaheim, CA MATEfl fAL pryp 1A60R PAYMENT TYDe: Int<rc ept Clla noel Principal A.a44nt: 5293.i~^. Name and address Df surety: GevelDpers Insurance Lanpa ny 333 Nilshi re 61vd. Anaheim, CA CRSN DEPOSIT MONUME NTAT104 TYpe: PH nc:ual Arn un;: Ndme dnG dddr655 ff SJfCty: MAINTE NAXCE GUARANTEE Type: Principal Amount: Name and address 4( surety: TO BE POSTED PRIOR TO ACCEPTANCE 8Y THE CITY IN AITNESS HEREOF, the parties hereto nave caused chest presents to Oe duly executes and acknowledged w at` formalities required ey lad on tN dates se orth fODDS:I;e their • signatures. pate e1~J by u/i~^~ reeve :,;p9+ S ranat ure .k.e, P. P?N.T; Pn Hied -- Dace I'L ~ f~ oy _ daa,._ Develcpa~ 19na to re -~~ alaLaYM M c nnt:d - Accep[ed: [ityw of•Rancho Cucamonga, ata6or uc~gn "fern and ino ~' CW Nrv OF _ o„_AUgusc 2la 1985 wwm m. ~n.,,nea.y..a arvaun n.ma ~runma ly wsur. oe•ve^nN aorv.a .. ._SOe Carman YY aid lE Or rnarr courvrv o. ~a an Bernardino !_ on August 19a 1995 m.e.arr.a anoun e.erw rn am ra w~a dare a•.w.. ra..n,ee dames P. Previti arrd +P' waa.r,• r .e. a ma oe,.n..a •o •.r.+rm rneannn~~nwmmuv ~o- ae..am m<.rr m. SE ttl2j ry V •q•a w•~lam -Sarerarv neennlN FO [fCd6t ~.~ Noctyaae Corpn ration ~' ,,.n.or•A.r n,.••~.na na.nn~.. r.m..mma.a.nnn,' ~ vFs L~AL SEAL i r1 a' a~~,• aye:://~~}} NVa./a' VkrN NusOONNy • rY U.a non ^an., rion Mira MVOOr rin•'IOra C~'.~a~ SN a'w:/rlplM1a 4MA.n Nrl hr.5i ...r nand ara nnr.i ar a.w er m.au faFaa 4p b, 19y I3 zy..,... V`,tek.t k.VQeeG.A~ I,w,...,.o6a..m,...ra..r V 1CkN L. Vecchio ~~~ G Y \_I ITEM DESCRIPTION 1. 30' Nide, Neight Ya ties Re mf. Conc, Ve rxical Wa11 Channel 2. 14' Wide Heighc Varies, ReinE. Conc. Vert ual Wall Channel J. l0' 'Aide co 14' Wide, Ne1ghC Varies. Rein:. Cenc. Vectical Wall Channel 4- 10' Wide z 6.5 Nigh R.C.B. {2 £a.l 5. 6' Chain Link Fence 6. 40' Nide fleinf. Conc. Side In le[ 9ttuc<ure 7. Cahnnel Excavation Only TOTAL COST 11]2.80 L.F. 280 .67/L.F. ]29.166.10 199.!0 L.F. 32].40/L.F. 63,8 i].90 ]2.] L.F. ]01.40/L.F. 21,91:.80 22J.J L.F. 70J .60/L.F 2900 L.F. 1.25/L.F 850 E.F. 15.00/B,F 12,500 C.Y. 2.25/C.T 30\ Contingency £acima to Coat For Bonding Pu [poses 6],]91.90 9.425.00 12 ]50.00 2~_1'S_00 574,0 29 A0 53,:".70 S9i.:'2.70 Bond :or 5587,400 L 6 ?1 6291x]00 • TRACT N0. 10210 ENGINEERE ESTIMATE OF COST FOR THE E%TENEION OF TN£ ALMOND INT£AC EYT CHANNEL UN•T UNIT COST (p t .~ . ~^ m~~a5 .,,w,an„sv„w", _~ ..aaaRVeNY 60':7 a 9144085 • P'n E4I UM; $8224.00 FNITHFUL PERF00.MAMCE BOND WNE0.EAG, the City Council pf the City of 0.dnthp Cucamonga, Slate of California, and F00.ECASi MORTGAGE CORPOMTION (hereinafter design aced as "pn nctpa " nave entered ,ntp an agreement whereby principal agrees to install and compixte certain designat etl public im0rov ements, which said agreement, dated 19B and identified as project ~tr+c4 •xs• la tlm iz hereby ref err etl [p and matle a Dart her ep ;and, WNERE AS, said principal is re guired under roe terms of said agreement [o furnish a bond for the fiithf ul performance o1 sai: agree men c, NOW, THEREFORE, we the Dr incipal and DEVELOPERS INSURANCE COMPAIv as Surety, are held and /firmly bound unto t e ,ty o an cop Cucamonga (hereinal ter called "City^), in the penal sum of F, •e A,.J.eJ E, A se. e. Tl••amJ f•.r µ•J..J DaTITs jj sTs.. qq o ew a money D t e united of es, Tr the payment at w ,c~reA1 and truly [o be made, re bind ourselves, our Netff, TYC CefSOrf, exlCUtprs dnd adm inif[rdtpf z, jpintly and Severally, firmly Dy these prez en ts. _ the condition of Chis obligation iz such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and reel and truly kee0 ono perf arm the covenants, conditions anq• pr ovf siDns in the said agreement and any at ter atipn mere of mane ai therein provided, on his or their Dart, to be kept ar0 perfpraed a[ the time antl in the manner Iher gin speclflee, and ,n all respects according to their true intent and meaning, and shall indemnify and save harmless Lity, its officers, agents and employees, as therein z[ipul aced, Chen this oolig at,on shalt become null ana yp id; ptherrise, it shall be ana remain in full force and effect. As a part pf the obligation secured hereby and in adds Lion to the face ampunt specified therefor, there shell De Included costs and reasonable expenses and lees, including reasonable attorney's fees, incurred by Cfty in succe isfully enforcing such pDlf gation, aii to De taxed as costs and fnctudeo in any judgment renderee, The surety hereby stipulates and agrees th et no change, extensf on at time, alteration or adds tf on to the terms of [ne agreement or fo [he Bork to De Derf arm ed thereunder or the fpec~• f tcatlpns act amp anying the same Shall in anyrise affect its obligations on [hls bond, and it does hereby waive notice o/ any such change, extensipq Of time, alteration or additl0n to the terms of the agreement or to the ro rk or tp the specific of ions. In WITNESS 4HEREOf, Lois Instrument has been duly exe to ed Dy the princf pal and surety above named, on AUGUST I9. 198 FORECAST HO ATGAGE [DRPCRA7IOtl DEVELOPERS :1NCE Cn';P 4,h e veld Su ety _/~ \C~ ~L lS na ur -~ A[I xna y_~n•r a'c;,'. Jon I. Schack 1 PLEASE ATTACN POMER Of AEtORNET t0 AlL BDN09 SIGNATURES MUST BE NOTAWIZEO lr ~ • n n. nr~o RONO ~ 9144065 DAEM IUN: INCLUOEO LRBOR ANO NATERIALMEN BONG NNEREAS. the City Co uncle of the City pf Rancho [uc ampnoa, State pt California, and FURE LAST MOPTGAGE CO0.DORAT IDN (hereinafter designated as "principa have entered ,n[p en agreement whereby pr in<ipal agrees ip install and complete certain designated Dubi is Improvements, .hich said agreement, Gated 198 , and identified as project sae ,va. rev:,. is hereby r~r red to and rase a part he rep and MHERE PS, under She terms of Said agreement, principal is repo fired before entering upon the Derf ormance of the wp rk, to file a good and cuff fcient payment bond with the City of Ran cno Cucamonga t0 Secure the claims t0 which reference is maC? In Title 15 (commencing with Section 30921 of Dar! 4 01 Oivi soon 3 of [he Civfl [Ode of the ST ate of Cal itornia. NON, TNEREF ORE, said principal and the and erslgned as a corporate surety, are held Iirmly Do and unto the City pf Rar chc Cucamonga and all contractors, su DC Ontr actors, laps revs, meterialmen and other perspns emp lp yed in the DeH Orman ce of :ne a/ores aid agreement and referred t0 [n the afpresdid Cad? of Cfvil Dr ocedure in the sum ofd 14.1.aJ W.a~. Tl.aa74aawJ Se.a. Ii.J..J Ool tars (S T-9i )esb ), for mat ertals l1'urnts^ fed or fa Dpr thereon of any kind, or r amounts due under the Unemployment Insurance A<t with respect to such work or lobar, tMt said surety sill pay the same in an amount not exceeding the amount her eina hove set fprth, and also in case suit is Orpught upon this bond will pay in adds tipn tp LD! fdc< dmpu nt [here 0f, COSLS dnd teas DndDli expenses and lees, including real onaDle attorney's fees, incurred by Lity in successfully <nfor cing such obligation, to De awarded • and fixed by the court, and to be taxed ss costs and to De included in [he judgment therein rend er ea. I[ is here Dy expressly stipulated and agreed that this bpn0 shall inure [o the bens/it pf any and ail persons, camp an ies and corporations snit tied to file claims under Title lE (commencing with Section 3082) of part 4 of Oivison 3 of the Civil Code, so as t0 give a right of actipn to tliem or their assigns in any suit Drought upon th ii Do nd. Should the condition o/ this bone De lolly performed, then this pbl igation shall become null antl void, otherwise it shots be and remain in toll force and effect. The surety hereby stipulates and agrees that no change, e xt ensign of time, alteration or add itf on to Me terms of said agreement or the spec Hlcat tans accompanying tae same shall in any manner affect its obi lgaN ons on this bona, an0 iL does her- by raave npt ice of any such change, extension, eiteration or 1 addition. IN NIT NESS NMEREOF, this Instrument has Deen duly execu!ed by •. the prfnclpal and surety above named, on AUGUST 19 19B S FORECAST MORifriGE CORPORATION EVELOPERS INS AHCE ,rM~Pa'+ Dev P r u\e\Y I~ ~• '-tom ~ ~?' ~~ 1 a tip rn eY-ln-: actl r dOg9 Y. SCF ACK PLEASE ATTRE II PONEq OF ATT\00.0.NEEY TO Rll BONDS 516RATURES MUST BE NOTARIZED G7 RESOLUTION 40. E&9-94r~9R A S~ d 6 0 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGq, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 10210 WHEREAS, the Tentative Map of Tract No. 10210, consisting of 33 lots, submitted by Forecast Mortgage Corp., Subdivider, located north of Almond, east of Sapphire has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision ^4ap Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement agreement 6e and the same is approved and the Mayor is authorized to execute same • on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and cuff icf ent, subject to approval as to farm and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 4th day of September, 1985. AYES: NOES: ABSENT: on Mi a s, ~ ayor Gd CITY OF RANCHO CCCAiv10\GA ~cca,»~ STAFF REPORT ~~° ~'`', z '.~~~:, x ~, z __ > DATE: September 4, 1985 ir- T0: City Council and City Manager FROM: Lloyd B. Huhbs, City Engineer ' BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for Parcel Map 3815 located on the west side of Beryl, south of 19th Street submitted by Citation Names and releasing Imorovement Agreement and Improvement Security approved on June 19, 1985 The Developer, Citation Homes, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: . Faithful Performance Bond: f7,546.00 Labor and Material Bond: E3,773.00 This Improvement Agreement and Improvement Security replaces a cash security accepted by Council on June 19, 1985. RECOMAENDAT[ON It is recommended that the Cf ty Council adopt the attached resolution approving Parcel Map 8815, accepting said agreement and security, releasing the cash deposit accepted at the June 19, 1985 Cf ty Council meeting and authorizing the Mayor and City Clerk to sign said agreement. Re ectful ly subsub i 6 :~ ;jaa Attachments (,9 q ,il Cd~ /p,/ ~ t ~=d5 CITY OF RgxCHO CUC AMDNGA IMPROV EM ENi AGREEMENT FF~^I/F,~ FOR PpRCEt MAP 8815 K•IDN AL YEN 9Y THESE PRESENTS: That this agr eeaent !s made and en to rod into, in conf prmance with the provisions of ;ne Municipal Code and Regulations of Me City cf Rancho Cac amonga, S[a[e of Califprni a, a municipal corporation, hereinafter referr- ed to as the City, by and between said City antl r.i TAi tC'; PDVES, a oa rtnershio herein of ter referred to as the eve lover. THAT, HHER EAS, said Developer desires to develop certain real proper iy in said City lpcated west of Reryl and sauce Igth Siree t; and NH E.9E AS, said City has established certain repui.enen;s to be met by said Developer as preregp tsi to to granting of final approval; and NHEREA S, the executipn pf to is agreement and posting of improvement security as hereinafter Nte d, and approved by the Cf ty Attorney, are deemed to be equivalent t0 prior completion of said requfrements for [he purpose of securing said approval. x DN, TNER EF OR E, 1t fs hereby agreed by and between Lhe City and the Developer as fol Tows: t. The Developer hereby agrees to cp nst ru ct at de vela pe is expense all improvements described an page a herppf• within 12 months from the date hereof. 2- This agreement Shall be effective pn the date of the reT plu tien of the Council of said City approving this agreement. This agreement shall be in default on the day follcw- ing Me first anniversary date of said approval unless an eaten. lion of time has peen granted by said City as hereinafter provid- ed. 3, The 7e ve toper may request adtlit7onai time in which to cpmpteie the provisions of this agreement, in writing not less than 30 days prior to the default date, and including a statement of circumstances of necessity for ad d{tion al time. In considera- t5on of such request, the City reserves the right to review the provisions hereof, including construction standards, cos: estimate, and sufffc iency of the improvement security, and to require adJ ustmen [s thereto when Barr anted by substantial changes therein. 4. I1 the Developer fails or neglects to Comply wi ih Lhe pr ovlslons of this agreement, the C1ty shall have [he right at any time to cause said provi si ohs to be completed Dy any law- ful means, and [her r.upon to recover from said Developer and/pr h1s Svre ty [he Pail cost and expense incurred in so dq ing, 5, Construction pernits shall be obtained by the Deve!- over from the office of the C1ty Enginegr Prior to star[ of any work within the public right-of-Nay, and the developer sh a!1 conduct such Nork in foil compliance with the reguta[ions con Coined therein. Non-compliance may result fn stooping pt the Nork by the City, and ass¢fiment of the penalties prcvided. 6. Public right-of-Nay imprpvtmeat Nork repuired shall he constructed in conformance with approved improvement plans, Standard Spec~tlca~ion t, anA Standard Draw wgs and any spec:ai dmen d-:¢ntT Iheretp, CpntLrUCti on shdll include my [rdpTt t,cnT• and/pr other IeClden[dl Ndrk deemed n¢CetTary /Or dra to age pr 70 public saf¢:v. •rors or omr~ssinnz di stover ed during cpnitruc- ti0n sn all Oe cprre c[ed upon the di r¢ction of the City Engineer. Revised work due Co said plan ~modificat tans shall he cOV_red by Me prpvisi Ons Of [his a9re ¢ment and securetl Oy the sur¢Cy Covering :he Original plannetl n OrkS. 7. Nork done wi Chin ezis ling streets shall be diligent- ly pu rzued tp cpmpieti0n; the Lily sh all have the rjgh; to comple t¢ any and all work in the event of unjustified delay in cOmple ciao, and t0 recover ail cost and eap ense incurred frOn the UevelOper and/Or his r0 of roc tOr by any lawful means. 8. The Oeve toper shall be respons iE le for replacement, relpra tipn5, or removal pf any component Of any irrigation wa[e^ system in roof li<t with th0 re gu it ed work tp the sattsf action cf [he City Engineer and the owner Of [he water system. 9. The 7¢veloper shall be responsible for removal vi all loose rock and other debris from the public right-of-way. I0. The Oeve toper shalt giant and maintain parkway frees as directed by the Community Oeve loom ent Ot rector. il. The improvement security to be form shed by the Developer [p guarantee completion of the terms of this agreement shall be subject to the approval Of the City Attorney. The prin. cip el amount of said improvement security shall not be less than the amount shown: '7~ ar n ~~ F rtI TIIF UL PERF OR MANLE 7YO e: PN ncipa[ rnpunt: S7,EC5.L0 None and address of surety; (cacn :xu.. a'/I MATERIAL RND LABOR Type' Principal Amvun [: 33,771.OC NdmC dpd dddreii e( SIIr2Cy: CASH OEPOS[7 MO NUMEN TATIOfl Type: Principal Amcunb St,: 00. ;7 Name ar.d address of surety TO BE POSTED PR[OR TO ALCEP TANCE BY THE CITT IN III TRESS NER EOF, trye par[ies hereto have caused [here pre5entz to be tluly esecutetl and acknowledge with all formalities required by law an the dates set forth oDPOSite their signatures. Date py [I TA'[Otl NOt1E5, a partnership Oevel ~Oer Igna[u re F, G. Lintori~tr - Oevelopmen Ngr. -$0. Oi v. Date ryy CITAT IDN Ru RCERS, a pa rtnersn ;D Deve loner . tgnaiure Accep[ed: City of Rancho Loc acanga, Califprnfa A Nunt cipal Cvrpor a[ion By: _ Attes Mayor Approved: rty Attorney SipTE OE GLiFOgryip ` courv rv or OAA4 GE 11 s5 __ ___ o~in~a 2S dune o aN..ar, o„ ''P RS oerom me hn -~ F Sharon E. McArthur a . C. Lin [p n. lr, . aJay ,nm cnuorv aoe aiaie gvaeanM aewarea = s.~nmc.nc o. •. e. Oevelp Anent Aug riO~aii'o ~o~iv: m. ne ma•a or saxer n un~ers~~c mn.,..~; mrne »~:n~o m n a oh t n. , e.. m a~n.».-o.,.c ;a~a w,r,...rn~o o. ~n a~c.,~no m. Mana>I lne na n.... r' i n .iln:~t;N ~~~ME5 i1.. Jir:n!r. faiq mal orr i • i~ aa n,s x.in . ~n sr.~~m nnr anrr a.l,nwie pgep to m. 11'~a' :i,.E na.rn n.a Ei •'yyyy ^~'-"w ar o q .Inel J In/ Sar aaeer aJa mat mcn,an~=,m~o. . a` ~t... `. r , '..i . • m. K m.rmes :. ecir:".%~ NgiNE SS mr ~n a•n ~mo ~j a y ~ _ ~~ ~ "" a ~' ~ r ~ ( ~_ %//j /J }~j+ /% ( ~ ~ 1 / ~, fr>~r • t-ar !> IOC51 , 9gnelur !/ A/i ~/.. 7~ n.......,. CI iY OF RAyCNO [OChYOYGA • ~ E.•IGIIiE ER R:G 01 VI SI OY E9G":0l.C1:Y E'ii PERMIT FEE SG:E-U E For :~,Pra:emenr :v:; _ ___ .. ..~ vFuY, c.,-. Fil^_ Gz:e'rsc r. City Jrawtng .a. YpiE: Ooes nPt include current fee fpr wr it in9 Permf or pavement depos rts OVFVi;'Y - IP'+ Pp rr - ^J 1T L.F, P, ~. C. carp - 12" AF. 24" Ju Cer 1, 2i r._-, L.F. i.:.L tin - 6 .: - ..^ g~u:: xr • fi.GO -vn L.F. P. C.C, can cn ly 5.50 LF. „ ,berm C 0.60 'su S. F. a~ P.C.C, sf deaalk 1 75 S.F. Cn v_ approach , 2.c0 S,F_ d" P-C.C, crass gu[t>- ;:nc- cura) ].40 _~ C.Y- 5[rP_t UCdvdti 0ll 1 5Q C.Y. Impdr[ed empankment L60 ?Er S. F. ireoara[ion of subgrade 0.3 ;~~ S.f. Cri shed agg, base (per into Chick) 0.03 ~- TOY A.C. (over 1300 tans) 27,00 TO;i A.C. (900 to 1360 tpnz) 35.00 TOY A, C. (500 to 900 cans) 65.00 :n.< TOY d. C. (under SCO tons) " 60.00 atp _ :3f S. F, p,L. (3 [hick) 0.55 - S.F. Patch A.C. ([tench) IJS ~;~ S. F. 1` [nick A,C. overlay 0.30 EA. Adjust sewer manhole to 9r ad¢ 250.00 EA. gajust i_wer clean out to grade 150.00 FA. Adlust water valves tp grade 75.00 EA. S[reeC sigh is 1000.00 •nn L.F. Harricaees (int ersec. 5500 ntn) 1.00 • L.F. 2 x 4• redapod header 1.75 -cn S.F. Re~pval pf q.C. pavement 0.35 L.F_ gemovat of P.C.C. curb 3.30 ~~ L.F. gempval of A.C. perm 1.OQ - EA. S:re_t signs 200.00 EA. Aef tee to rs and posts 3i 00 L.F. Concrete block wail , 00 25 S.F. Aetaintng wall . 00 20 i0Y A93rega:¢ base , 7 00 C.Y. Concrete ztr uc [ores , 425 00 __ L.F. IB" RCP (2000 Oj , pg 00 ,_ L.F. 24" q[P (1500 0) , 00 35 __ L.G. 76" RCP (2000 0) . 49 Lq __ L.F. 48" RCP (3200 0) . 76,00 -- EA. Catch basin N 4' 2000,00 EA. Catch basin N B' 2900 00 EA. Catch basfn N 22' . g5p0 ip __ EA. Local depression 4' , 500.00 __ EA. Local depression l2' 1000.00 EA. Ju ncttan structure 5000.00 __ Eq. Out'. of structure, Std 6606 1500 00 __. EA. Outlet strut :vre, Std 6507 . 500.00 __ EA. Guard posts 40 00 L.F. Guard panel (wood) . 25 00 ~_ Lf. Saw cu: , 2.00 EA. Headwdn (a3" wirq) 4000 GO L.F. Re:.•apd nee'er , 1.75 '--- __ S.f. Lzr esarnn S irr naa nn 75 2 Lf. Rcll tun (P.r.C.) , 7,50 EhG ii,E E °. !';G IYSPEC iifY FEE J [F• rCidL •RESiOR;i IC.i/Or.LI7EAii01i CnSR ~_•~ -. Ldi'ICY COLTS OEPOSi' (P,EFJbJdn E) v yV, .f~[nF^,RYP':CE 9CY0 UL::1 M0.'i0'".ER nil GY SUAETY ;CASH) r,?.w+ iEAiAI 60::G i50J) •P¢rsuant to Cily pf Ran chn Cuc a^;nn, ,~.- :,_, ~~_;a ;, Chapter L08, adaptfn San Bernard utp County Catle irtles, LhapG•• -•^-~-+cr,r,r;^^tn.tin¢ati on depos It mall be made prmr to issuance of an Ennicee; :. -.. - - -, /\~ Revise] )/84 3 1 - ~ 90X0 No. il110560 FR E9 LLYr 518.00 FAITHFUL PERFORMANCE BOMO NHEREAS, the City Cavncil of the City of poncho Cucamonga, State of California, and CCpitON HOMES a rtnershi (hereinafter designated as 'pn nctpa aue entere Into an agreement whereby principal agrees to install and complete certain design area public improvements, which Bald agreement, dated 1985, and fdentif led as project arce ap 15 here y re errea t0 and made a part n ereof; ar.d, NHEREAS, said princioal is required under the terms of said a greemeni to furnish a Hood far the faithful performance pi said agreement. NON, THEREFORE, we the principal and The American tnav ra nee c~rvaov as Surety, dre held and firmly bound Un[q [Ile lty 0 do C!le Cucamonga (hereinafter called "City"), in the penal sum of Seven thousand, five hundred and forty-six and 00/100 Dollars (f7,546.00) tawf ul money of the United States, for the payment of Hhich sum Hell and truly to De made, we oind ourselves, our heirs, successors, executors and administrators, jotnL ly and severally, firmly by these presents. The COnditi0n Of this Obligation is 50th that if the aDOVe bounded princf poi, Ms or its Neirs, executors, administrators, successors or assigns, shad in all things stand to and abide by, and Hell and truly keep and perform the covenants, candf ti ans and prow is5ans in the said agreement and any alteration th er e0f made ds therein provided, On hfi Or their Dar[, to De kept and pelf Ofined dt Lile t\me dnd In [hC 0dnnef Lherein sDe[if led, dnd in alt respects according to their true tot ant one meaning, and shall indemnify and save harmless City, its Officers, agents and employees, as therein stipulated, then this obligor ion shall became null and void; otherwise, it shall be and remain in full force and elf <c t, ps a part of the obligation secured hereby and 1n addi tton to the face amount specified therefor, there shall De included casts dnd red50p dbl! lxpeose2 dnd tees, including redS00dD1! dtt Orne y's fees, incurred by C1ty 1n successlolly enforcing such obligation, all So be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that na change, l at ea510n of 21me, elLeraLfOO Or ddd itl0n t0 the terms o/ the agreement or to the work to be performed [hereunder or the speci- fications accompanying the same shall In anywise aft act its obllgatlon5 on tM5 bond, and it does hereby waive notice of any such change, eete nsi0n of time, alteration or add itf an to the terms of Lhe agreement or to the work or to the specifications. IN NITNESS NHE4EOF, this fnstrument has De en duly eae toted by the pri ncipai and surety above named, on June 11 , 1985 CliAil O•. HOHEi, a partnersD~ [NE hMERIG~Y iH$CRA.YCE CO)IPAF'i eve peer ovary OY: ~ (i ~ ll).~Ge ti Fns n•r lg ore to rn ey-ln- act • F. ,. Linton Jr ~ Oe vein pme Hgr, -ip. Oiv. OY: C1-A i..^,.1 pV IL,..pS, d as r:ne rs hip PLEASE ATTACH PONER OF pTTOR NET TO ALL BONDS SIGNATURES NUii DE NO TARI2E0 rIY aoND xo. uuoseo ^Rf1IL'!: Included • LABOR ANO NA TER IALNEN MONO WHEREAS, She City Council of the City of Rancho Cucamonga, $taCe Of Cdlif Ornia, and CITATIOY NOHES, a pa rtnerahip (hereinafter designated as pr rnn pa ave en ere into an agreement whereby principal agrees to install and como7e to certain design atld Oublic iprovements, which said agreement, dated 1985, end identifs¢d as protect ar ce ap rs hereby re erred to and made a Dart hereo (-, dnd WHEREAS, under the terms of said agreement, principal is re RUired before entering upon the performance of the work, to file a goad and sufficient payment bond wiM the City of Renchn Cucamonga to secure the claims to which referen c< ii made in Title 1f (commencing with Section 3082) of Part 4 of Divf lion 3 pT the Civil Cade of the State of California. NON, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Lutanonga and all cantracLOrx, svbcpntractars, laborers, material ~ men and other persons employed In the performance of the r aforesaid agreement and referred to 1n the aforesaid Code of • Livil Procedure to the sum of Three thousand, seven hundred and ~. seventy-three and 00/100 Ootlari (fJ,773.00), for materials furnished or labor rolreon of any kind, or for amounts due under r She Unemployment Insurance Pct with respect tD such work dr ' labor, that said sure tr will pay the same in an amount not exceeding the amount hereina Dore set forth, and also fn case s07i is brought upon this bond will pay in addition tp the face amount thereof, costs and reasonable expenses and fees, 1nclutlinq reasonable attorney's fees, incurred by City In successfully enforcing such obl7gatton, to De awarded and fixed by the Court, • and to be taxed as costs and to he included in the jutlgment qT therein rendered- o.,r It is hereby expressly stipolat ed and agreed that this fond o«n shall inure to the benefit of any and all persons, companies and ew corporations entitled to If 1e claims under Title 35 (commencing i with Secttan 3082) of Part < of Divisan 3 of the Civil Lade, so as to give aright of action fro them or their assigns in any suit _ br aught upon this by nd. ~ 51 Should the condition df this band be fu17y performed, then c \ Lhis ohl7gation shall become null and vof d, otherwise it shall be ., ,~.,~ and remain in full force and effect. The surety hereoy stipulates and agrees that no change, 1O1^' extension of t5me, alteratf an ar addl tlon to the terms of said t 'a•m agreement or the xDlcil7p dt 1005 dctOmpd0yin9 the xdmE aha it in ~""'• .,~i. any manner effect its obligations on this bond, and it does here- , by waive notice of any such change, extension, alteration or addition, S n•au 1N WtiNE55 WHEREOF, Lhis Ins [rumen[ has been duly esecut¢d ~y the p•inci Dal and Surety above named, an June 21 1905 ITA T'GN 40ME5 a ar the rship THE AYkRI C,W INSUMNCf COW.C\' e ve toper ur tyi,lrL ([1pLCrl FC 9[Pr ~F. G. Lf a ~'~r. a Dpm¢nt N n-So. Div. [t nney-:n- act 8Y: LI TA iI@J BUILG r , a Da rtne rs hi PLFASE A7TACN -r OWFn r `TTORNEY TO ALl BONGS SIGNATUWF° >:.= _= NOIAA IZEO C, J ~s RESOLUTION N0. EA9-B4-93R 8 r 'd ~ / • A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 8815 AND RELEASING PREVIOUSLY APPROVED IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement agreement executed on September 4, 1985, by Citation Homes, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Beryl, South of 19th Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done. in conjunctf on with the development of said real property, Parcel Map 8815; 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 RESOLVED by 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 and to release said Improvement Agreement and Improvement Security approved on June 19, 1985. PASSED, APPROVED, and ADOPTED this 4th day of September, 1985. BYES: NOES: ABSENT: on i e s, ayor ATTEST; ever y A. Aut a et, ity er • 74 r, U • CITY OF RANCHO CtiCA~IONGA STAFF REPORT DATE: September 4, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer ' BY: Linda Beek, Engineering Technician Sp ~~Cn,tirpyC9 ~ ''Z 19'~ SUBJECT: Approval of Improvement Agreement and Improvement Security for CUP 82-12 located on the northeast corner of Church Street and Turner Avenue submitted by Ken Lederman CUP 82-12 was approved by the Planning Commission on April 10, 1985, in Lhe Low Development District located the northeast corner of Church Street and Turner Avenue. The Developer, Children's World Inc., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond; E168,000.00 Labor and Material Bond: E 84,000.00 Letters of approval have keen received from the high school and elementary school districts and Cucamonga County Water District, C.C.&R.s have also been approved by the City Attorney. RECONMENDATiDN It is recommended that the City Council adopt the attached resolution approving CUP 82-12, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement. _~~. LBH: .faa Attachments 7~ CITY Of AA NC HO CUCANONGA INPRDVENE nT AG0.EENENT FOP KNO'A ALL eE8 BY TNESE PRESEYT S: That this a9reemenp is made and entered into, in conformance with Me prpv isi ons of the Municipal Code and Ae gut a[ions of the City of ion cho Cucamonga, State of California, a municiD al corporatton, hereinafter referr- ed to as the City, Dy and between said ity and LH ILDR[N'S NORLD. L4CU0.PORATED nerrinaf ter referred to as -"' the Developer, ?'iAT, NN EREAg, said Developer desires to develop certai.+ re dl pr pp¢rty in said City located at the northeast corner of Chprcn Street antl Turner Avenue and NNEREAS, said City has established certain re qpi reme+ts [o be met by said Developer as prerequf si to fo granting of fin a'. apprpvai; and NHERE AS, the execution of [his agreement and posting of improvement security as hereinafter cited, and approved by the [f ty gttorney, are deemed [o D¢ equivalent [o prior completion of said requirements Ior the purpose o/ securing sa+d approval. NON, THEREFORE, i[ is hereby agreed Dy and between the City and the Developer as foilows: 1. The Developer hereby agrees to construct at developer's expense all improvements described on page q hereof • Xl thin I1 mOn thS ffom [ha ddLe het e0f. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreement shalt De fn default on the day follow- ing the first anniversary date of said approval unless an ezL°n- sion of time has been granted Dy said City as here tnaf ter provid- ed. 3. The Developer may request additional time in which to tamale [e the provisions of this agreemen t, in wriH ng not less than 30 days prior to the default date, and including a statement of cir<umsi an ces of necessity /or addition al time. In consldere- tion of such request, the City reserves the right [a revi ea the pravisl ons hereof, including constructipn standards, cost e5timd[¢, dnd sufff[ien<y Of the impr 0Y0ment seeuri[y, dnd ip require adjustments thereto when warranted by subst anttal changes therein. 4. If the Oevelpper fails or neglects to comply wi to the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon to recover Irpm saltl Developer and/or his Surety the loll cost and expense incurred in sa doing. 5. Con strut Ciao permits shall be obtained by the Devel- oper tram the office of Shc City Engineer prior to start of any Np rk within the public rlgh [-of-way, and the developer shall conduct such work in full compliance with the regulations contained therein, Non-compliance may result in stopping pf the work by the City, and assessment of the penalties provided. 6. Ppblic right-of-way impr ovem ¢nt work regpired shall be cons[ruc ted in conformance with aopro vet :morovem ent plans, • Stand erd Spec if is a[ipns, and Stantl and Drawing, and any ;pec!a! -1- S.F„ O.A., R¢s.. P. M. ,C UP /~ f amendments ;hereto. Lpnstruca pn Beall inci vde any transitions and/or other incidental wort' deemed necessary for drainage pr Du bl is safety. rrors or ommasioni discovered dun ng construc- tion snail be -co rre<ted upon [he airec!ion of the City Engineer. kevi Bed work due to said plan codifications shall be CDVer 2d by tnC Dro Viilpns pF Lnls agr°¢m en; lnd SeCJr ed by th2 surety cov_ring :he original planned wdrk s. 7. 4prk dan¢ within. ati sting st ree !s shall be tliligen[- ly purseed ;D completion; the City shall have the ri gh; tp comDlet¢ my antl all work in the ^v ent p/ unjustified delay ~~ completion, antl ;o recovor all cost and eROen sa incurretl from tee Oevel oper and!pr his cpn[r actor by any lawful ce ans. 3. The Developer shall be resnpnsibl^ far •ePlaC enee', yelp ca:ions, Dr rempv at of any comppnent n any ir: iga!ipn wa:e^ system in conflict with the required wnri to the satisfactiur. sf the City Engineer and [he owner of the water system. 9. The Developer shall be res pansible for removal if all loose rack and other debris from the puplic right-of-way. 10. The Developer shall plant and maintain parkway frees as directed by the Cammuni ty Development Oir¢CtDr. ll. The improvement security [o be furnished by the Developer to guarantee camp LCion pf the terms of this agreement shall be subject to the approval of the City Attorney. The prin- ciDal amount pf said imDrov eme nt security snail not Ee less than • the amount shown: -2- r~~ ~ '~ 9 FAITHf UL PERFORMANCE Typ?: Pr ^cio al anou^!: 3768.900 NdmC .'.ntl ldd^?55 Of SJ rely; MATER IqL qN0 LABOR Type: P~:nc'P •.I +roun :: S HS ,C00 Name antl add•?55 p` surety: CASH DEPOSIT MONU ME NTAT[ON Type: Pr`ncioal dmeunt: Y/4 None and address of sum?ty: TO BE POSTED P0.I0R TO A[[EP TA NCE BY THE CITY IN aITIIE $$ HE0.EOf, the parties hereto have caused than? presents Co be duly executed and acknowledge with all for^~alit:es reRuired oy law on the dates se[ forth opposite their 5~3^atu•es. Date by DevelPper Printed • Oates by Develaoer vn nce Acce pteE: Li ty of Rancho Cucamonga, California A Nunicip al Corporation 0y: Mayor Attest: Approved DEVELOPER'S SIGNATURES MUST BE NOTARIZED r LJ _7_ 80 • ~ Ltty of RAncxO taco+oncn ENGINEERING OI YI 5ICN ENCROACF:MENT PERMIT FEE SCNEOULF np~nty:• PoY ImprOV emenl; TNWEA AVEYUE a C49ICH STpCP'S h'H I:.OAE•1'S dOALO PpEBCI1Wl Gdte: AWVST 26, 19E5 Cnrpu[¢E ]y: ~_'py x JOUM%'!EA M.B. File Re eren cT e; -- F.i ty praw~^o `Ip. 'i90 NOTE: Ooes iwt include current fee for art icing permit or Davemmt depos rt; OdgNT ITY UNIT ITEM PR Q AwOL'YT a3z L.F. P.C.C. carp - 12" C.F. 24^ yu!!er ].25 s lnz dis L.F. P,G C. turn - 8" r,F, 2c^ 9-tte• 6.07 ;; yi eas L.F. ° PS.C. curb on`Y 5.50 yag L. . a. C, perm 4.50 7aB5 S. F. 4" ? sidewalk ~ :, 75 boo S. F. Ori ve appro acn 2,50 S. F. B" P cross qu L er r ~, carp) ),:0 toy C.Y. Street <xcavat: or 1,50 _ C.Y. Impp rt ed <mpan kn¢nt :, 50 -"'"L- ]]05o S. F. Pre oera!•, on of su agraCe 0.:5 ,;,, ,e S, G, CrNZneC agg, haze (per into th uk) 0.07 4L TOY P.L. (ove^ 1300 tons) 27,00 TON A.C. (900 tp 1700 tons) 75.00 TON A.C. (500 to 900 tons) 45.00 _. TON A.C. (uncer 500 tans) 60.00 S.F, A.0. (7" thick) 0,55 $. F. Patch A.[. I[renchJ 1.75 y1 ],.BC S, F. 1" Snick A.C. prer'ay c )^ Tx mn A. c. G.]s y _,7_ EA, Adz ust sewer ae~no'e to grade ovEAV.v 250.00 aay lco9 EA, Adjust sewer clean out to graee 150,00 ~_ EA, Adjust water valves to ghee 75.00 !op • _~ EA. Street lign ti 1000. C0 so _•-"' L,F, Barricades ;intersec. S50C min) 1.00 L.F. 2 a 4" redwood neader 1,75 yg„6L S. F. Removai ni A, C, paveaent c conc. suB. 0,75 sea ]% L.F. R<mOV dl Of P.[,[, [UrJ b GVCIER 3,30 L.F. Removal of q, C, berm :, 00 EA. 5t reel signs 200, OG __ EA, Reflectors and pOSts 75, CG L.F. Concrete pioc'c wall 25,00 S. F, Retaining wa!I 20. C0 140 TON Aggregate pose 7,00 aPl C,Y, Concrete scru<t ores 425 AC L.F. 18^ RCP (2000 7) 29,00 _T_ L.F. F L 24^ RCP (1500 9i 3fi^ 75, T , . RLP ;2000 O) 49, CC e L,F, 48" qCP (1200 0) 76,00 EA. Catch basin N • 4' 2000,00 EA, Catch basin N r 8' 2900,00 EA. Catch Oasin N • xl' 4500,00 EA. Local depression 4' 500,00 EA. Lot a1 depression za' Rono.Od 4 EA. Ouncti on strac [are 5000,00 , EA. Outlet itru<ture, Std 1506 1500,00 EA. Outlet structure, Std 1507 500,00 EA. Guard Dpsts x0,00 L.i. Guard panel (wood) 25,00 -'-- ~_ L.F, Saweut 2,00 EA. H<ade all ,4B" wing) 4000.00 L.F. Redwood neader 1,75 !.-_ S. F, Landscaping 6 Rrigat bn 2 75 y,< __ L.F. goll curb ,P.0.C.) , 7,50 , 18 ~, BTpEET TNEES 50.00 •p r F tIP IL:'Y "ipEPCPp•^! 1 0 ENG:VEER; .u ; VSPEC'; OV GEE 7)L'h ..ld 51,9 r0'F: t„. `9E5`04n';^,V /7 E'.:VEAI'ON CASH ~__^C CC,T'VN=VCY COSTS - ~" OE pOS: ;9 rr MOVUMF N'qT :OV '; YOq 3L E; SGAE'Y C F,1;'+: ;_ pr R: pavAVCE BOND !:OOSI ASM) ' _., ; b•", • i 1 , LdPON AVD vATER:AL 30V0 (59 [) n .Pursuant to City of gdOCNO [ucmronga Municipal Cade, Ti[Ie I, Chapter 1.08, adopting San &rnarCind Courtly Code titles, Chapters 1.5, a cash rector et wn/delineation deposit inall Oe matle pr for tp issuance o/ an Engineering Construction Perm rt. fem. - Revlsee 7/B4 B~ FAf?HFCL PERFOPMANCE DO'IO WXEREdS, (he Ci[y Council of [he City of Rancho 0•-ar..one a, 5(a[e Of Calif Orn ia, an0 [NILQI¢LI'S NI RLO 1Nfpk p TrH (hereinafter deslyna(ea as "pn nc lpd") nave encere0 ,p[J Ln agreement whereby principal agrees tp install and compit:e tort tin designated pub!ac imarOVe~¢nts, uh,ch said agr eeme ^. ;, dated 195 and idenL Pied as prOJect [LP 82-12 is ne^^ehy ref xrrec to Er.d m xde a par; nereof;anp, NHEREAS, said principal is re OUir¢d un.^.er the terms of ;p~: agreemen; to furnish a band far the faithful perforcance of sa~~d agreement. NO'N, THEREFORE, we [he principal and as su r_[y, are held and firmly hound unto the City or kancnp Cucamonga (heref natter called "tics"), in the penal sum Of One _ Do~airs 1AR nnn aw YU money o [ne united Sates, 0 Y~ payment of wnicn sum welt and truly to be made, we Oind ourselves, our heirs, successors, executors and adminf sira[Ors, Jointly and severally, firmly by these presents. ' The cOndi Lion Of this ohl igaCion fs such that if the above bounded Orf ncipal, his Or its Heirs, executors, administrators, successors or assigns, shall in alt things stand to an0 a0~de by, antl well and tru iy keep and perform the covenants, conditions ani pr oviSfons in the said agreement and any al ter anon thereof made as therein prOVttle d, On his or theft part, to be ke0t and performed at the [fine and in the manner [Herein s0ecified, and in all respects according to their true Snte n[ and meaniny, and Thall indemnify and save harmless City, it2 officers, agents and employees, di therein s[ipu7 ated, th¢n tHfs Obligation shall become null and void; otherwise. it shall be dnd remafn in fall force and effect. As a par[ Of the obligation secured hereby and in addiii0n to the face amount sDecif {ed therefor. there shall be included costs and reasonable expenses and tees, including re asonabte attorney's fees, incurred by Cfty in succei5futly ¢nf orcing sucH obligati on, ail to De taxed as costs and included in any Judgmene rendered, The surety hereby stipulates and agrees that np change, extenSian of tf me, alteration or adds [lon to the terms of the agreement ar to [he work [a be Derf Ormed thereunder ar tAe specf• /icatipp4 accompanying the same shall in dnYwiSe affect its OOliga[ions an this bona, and it does hereby waive nptfce o/ any such <Han ge, eztension of ttme, alteration or adds [fan tp the terms of Me agreement or [o U¢ work Or to the speti(iOatiOnS. IN WiTNEES WHEREOF, this instrument has been duly eze cu Led by the principal and surety ahO Ve named, an , 198 (Oeve iop¢rl Surety) ign aturel Atta rn¢y-In-F ac[ • PLEASE ATTACH POWER OF ATiOrtNEY TO ALL DONDS S ICIIATURES MUST DE NOTARI2E0 d~ r LnppR nnp rnrR;aLHVI 9p6J WHEREAS, the L'.LY COUncsl of the Ci[y of Ran UO Euc amon yes, State of Cal if orn+a, and CNILpRE9'S YOHLD, fN[ORPOAATEp (hereinafter deslgnat!0 at 'pr'~nc :p:i") nave en[zr ea +n[a an agreem ent whe re by pr lnc+aal a0-¢a to +ns:ali and cons ie:e certain desi9na:ed public imprOVem era;, ani a5 seid ag reemen;, des tee tq3 , and ia¢ner :ea _ as pro~ecc U 8I- +5 ner!by - re0 to dnd -aex a par, hereon; ono NH EREAS, and<r ih! (erns of 5a+d agr!e^en :, prin:+Jai is r<puired b¢(are en [zrl r.p Upan ;'Ie pef:pr^Lnce of th¢ 'n Ork, :n file a good and soft ic+zn: pa yn.en; bend ";M1 ;h? City sf C,c - t uc a'[on0a to secur! th< cl a+ns ;p which of er¢m c< is .a a: e in r Title 15 (c or-encing ei[h Sec :'.On 1t3:) of P ar; a of u.: +s:c~ . Of the Civil Co ae of :ne S;at¢ of Cal ;f ores ~~a NOU, THERE..=ORE, tasd principal and the and erz i0ned as a corpora to surety, are held firr,ly bound unto the Ciiy pf Ax^[^.o Cu<a mango and all cpnir ac tars, subcantr a<;ars, lobore-z, ma:eri almen dnd ether persons emp layeC in the pert orv once of ih¢ of presalC agreement and re Nrrad to in the of or<satd Code of Civil Procedure in the sun of [YghtY-four thpusand__________________ppyp0 pol lars (S Bt,000 ), for mater als rurnlsnep or lapor thereon a( any kind, or rpr amounts Eue unEer [he Unemployn ent Insurance Act with r<5 pet: to such .ark or labor, that sa+d Surety will pay the same in an amen nt not exc¢e Eing :he amour[ ne re:nabove set f0 r. h, a00 also In case sus; is brought upon this nand will pay in adds [ton [o the face' amour: thereof, cases ana real Drab to expenses and fe!s, sncl ud ing re as Onabte attorney's fees, incurred by City fn su aessfully en/orcing such 001 '~g a;ton, to be awar eel apd fixeE by trle Cpu rt, dnd t0 ne tdxeE a5 cpt[z and [p ne • [nc luCed in the Judgment tAerein renEered. ([ fz hereby ¢xpre ss ly stiputst=_a ana ag r!eE that th+s bpnE shalt inure tp the hen of it of any anC all persons, compan .es anE car per a;ions ¢ntitied [o file claims under T1f le IS (c n.raenctng with Section 70:2) of Part 6 of pivison 3 pf the Civil [o ce, so as to give a right Of ac[tOn Io them or their asitgns in any suit brought upon this bond. Should the condition of Lois band be~ fully perfor red, then this obt igatfon shall become null and void, oche nvi se it shall be and remain in foil force and effect, the surety hereby stipulates and agrees that n0 chang¢, extend on of time, aitera[lOn or aeei[ton t0 the terms o1 sales agreement or [he spec if icatfons act ompanytng the same shall in any manner affect its obiiga[i0ns On [his band, ana it does herx• Ey valve not l<e of any such change, extension, alt Brat ion or a001[1on. IN ASTNE95 NNEAEOF, this instrument has been duly executed by 19B principal ana surety above named, on , Developer) (surecy) Attu rney-:n-r actl PLEASE ATTA CiI POU ER OF ATT OR Nf.Y TO ALL 00!10$ $IGIiATURC3 NUSi eE NOTARIZEp d3 ~~ RESOLUTION N0. E69-94-98R- 8 r -a a y- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 82-12 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on September 4, 1985, by Children's World, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the northeast corner of Church Street and Turner 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 Conmission, CUP 82-12; 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 TT RESOLVED 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, APPROVED, and ADOPTED this 4th day of September, 1985. RYES: NOES: ABSENT: on i e s, Mayor ATTEST: Beverly A. Au the let, City Clerk ~4 u u CITY OF RA;ICHO CtiCA;riOYGA STAFF REPORT DRTE: September 4, 1985 T0: City Council and City Manager `C Ll'CAS(p~~ 2 ~~?. Y: - ~ z _ ~ '~. z 19T' ~ FROM: Lloyd 8. Hubbs, City Engineer BY: Oave Blevins, Senior Public Norks Inspector SUBJECT: Acceptance of San Bernardino Road and Church Street Improvement Project The San Bernardino Road and Church Street Improvement Project (12-4637-8075) has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release the retention (f21,836.54 ). The performance surety is to be held for one year from this date in-lieu of the required maintenance hood. RECOIMENDATION ]t is recommended that Council accept as complete the San Bernardino Road and Church Street Improvements and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release retention and authorize final payment. Respectfully subpitted, LBMAe: jaa Attachment 8~ R ECOROiNG 0.EOUESTED BY: LIiY OF RANCHO NCAMONGA P. 0. Box B07 Rancho Cucamonga, Cal ifornfa 91730 VNEN RECORDED MAIL T0: CITY LLERN LI TY OF RANCHO LVCAMONGR P. 0. Box 007 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN TXAT: 7. The undersigned fs an owner of an interest or estate in the hereinafter described real property, the nature of Nhich interest or estate i5: SAN BE0.NgR0IN0 ROAD ANO CHURf,N STREET IMP0.0VEMENi PROJECT (12-A637-0075) 2. The full name and address of the undersigned owner is: [ITV OF RANCHO CULPMONGA, 9320-C Base Line Road, P. 0. Dox 807, Rancho Cucamonga, California 91730. 3. On the 4th day of September, 1905, there was completed an ttie • hereinafter described real property the work pf improvement set forth in the con bact documents far: SAN BERNAR DING R0A0 AND CHURCH STREET IMPROVEMENT PROJECT (12.4677-9075) d. Tile name of the original contractor for the Nork of improve~ort ds d NIIO ie Nds: RlveaslDE Lonsrpucnon 5. The real property referred to herein is situated In the City of Rancho Cucamonga, County of San Bernardino, CallforM a, and is described as follows: San Bernardino Road from Vineyard Avenue Easterly to Archibald Avenue; Church Street Iron Xellman Avenue Easterly to Rrchiba ld Avenue CITY Of RANCHO CULAMONGA, a municipal corporation, Owne• oY Nu s. tY nn ~,....- • ~~ RESOLUTION N0. F,09-94-028 P r -a ~ 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR SAN BERNARDINO ROAD AND CHURCH STREET IMPROVEMENT PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of oublic'improvements for San Bernardino Road and Church Street improvement Project (12-4637-8075) 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 ADOPTED this 4th day of September, 1985. AYES: NOES: • ABSENT: ATTEST: ver y A. Authe et, ,ty er on O. Mike s, Mayor 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 * day of *, 19**. . Executed this * day ^f *, 19** at Rancho Cucamonga, California. • every Authe et, City C erk jaa P~ rr~rv nc n e err vn rrr a ~rnvr n STAFF REPORT ~ T } DATE: September 4, 1985 r ~~ ~~'' 19'% T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Carnelian Street Be autif it anon Bids were received on Tuesday, August 27, 1985, for the landscaping of parkways on Carnelian Street from Base Line Road to Banyan Street. Five (5) bids were received (see attached bid summary) with Artistic Landscape and Engineering Inc., South Oate, CA the low bidder at 5213,159.80. Verification of Artistic's past work experience and contractor license all provided acceptable response. u RECOMMENDATION: Based on the above it is recommended that Council authorize the award of Carnelian Street Beautification Project to the low bidder, Artistic Landscape and Engineering, Inc., 8445 Dearborn Avenue, South Gate, CA 90280, for a bid price of 5273,759.80 and a 10% contingency making a total project cost of 5301,146.78. Respectfully submitted, aS~ LBH:bc Attachment • g8 0 0 S 8 S r $ ~ e m ~ ~ e & S ~ °g a ~1 Odom N ....~ .. °~ 8~~ S S 8 8 0 .. ti o S ~$ °o S °e S o S °o $ g °o °o M1 i ~, ~~ Asa ~sosos~ m ,..M o~ a' m '" - m .. ~ ~ u° .. 8 R 8 8 8 8 8 S 8 8 8 8 8 8 R. ~' ~ ~~soam~~°am e~ ~ ~aa N m ~ .... .... ~ .. ~W assN~sssss~ a ose esosoooaos s ~~ a~~~°sa Pao ~ ~ s s ossss a m ..., ~, s o .. T smsssssss~saoo ~ ~e~aa N oo~~~a 0 ~a~~s~sss~ ~..~ mo~ v ~ m ~ .. ~pp u ~ F3 E c N c E Fly H ~ E Nm O o O O~~ Y ~ E ~ ~ T 0 T ti P U u O p L U _ G 6 T W M N a .~ Y ° ~ .~ ~E ~ _- i W U V V u- p Q Y .~ U n u 4 u 4 in .-~ .-. h .~ u~ U~' V F Y O n ~i n U STAFF REPORT BATE: September 4, 1985 To: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Improvement of Base Line Road from Teak 'day to Haven Avenue; Award of Contract 19.. On August 7, 1985, City Council authorized staff to solicit bids for the subject project. The following bids were received at 2:00 P.M. on August 26, 1985: 1. Wiley Construction Co. E499,244.94 2. Laird Construction Co. E534,211.44 3. Riverside Construction Co. E545,787.08 4. Parrot & Wright Construction Co. E631,288.14 Bid summary attached. The Engineer's Estimate, prepared by L.A. Wainscott, is 5400,846.50, After reviewing the proposals, the most signicant cost differences between the bids and the engineer's estimate are in the wall construction items. Upon further investagation of those items, concrete block retaining walls with native rock facing are considerably more costly than the engineer or staff antisapated. Funds are available to cover the additional cost over the estimate and staff feels that the rack face walls at the intersection of Turner and Base Line should be constructed to maintain the heritage flavor of that intersection. The subject project is to be funded from Gas Tax and/or System Development funds and approximately 8% from various property owners fronting the south side of the project including Southern California Edison Company The low bid submitted by Wiley Construction Company failed to comply with Notice inviting Bids and the Instruction To Bidders and is therefore, in accordance wf th the Instruction To Bidders, considered to be "non-responsive." O GC~a.ypi,^ ~~/ ' ~„ <'i u 9~ CITY COUCIL STAFF REPORT Improvement of Base Line Road; Award of Contract September 4, 1985 Page 2 • The Notice Inviting Bids and the Instruction To Bidders provides that the City reserves the right to reject any and all bids or to accept the proposal deemed best for the City: and further provides that "The City Council shall be and is hereby con stituded an excu is ive judge as to which proposal is best for the City, and in ascerting that fact, the City Council will take into consideration the business integrity, financial resources, facilities for performing the work and experience in similar operations of the various bidders." RECDMIENDATIDR Ct is recommended that City Council reject the appearent low bid suhmitted 6y Wiley Construction Co. on the basis of being non-responsive. It is also recommended that City Council award the subject project to Laird Constrution Co. as the lowest qualified bidder for the bid amount of E534,211, 44, execute the contract and authorize the expenditure of funds for the contract anrount plus 10% contingency. It is further recommened that City Council authorize the Finance Director to fund the subject Droject construction and engineering from Gas Tax and; or . System Deveiopment funds. C''a ectfully sub fitted, D LB c Attachments • 9/ es see~e ~ o s o ~ ~ o o ~ s $ oo ~ _ ~ o0 e 0 e ~ a ryN w m m I. m N v..N y e ti w '+~ ° °ON° ° ~ ` g o ° ° v o e u u + <' Sg °o 8c`388 g g 8 g g g$ ~° °ogN ° Q q oc o ~ " ~ 25~ 25N~ $ ~ ~ ~o m oS888 8 8 8 8 $ 8~ ,° o8e - ~m i:~~o n ~ o o c o ~ : N m N ti o ~ cc: eoe o~ $ z ° °mu°,S °o°oS~°nrvrv u~O+7 m71nm m 'rRN~n N~m S° ° mm No r oomri~ ~ri~m~~o.: v o .:o~m.: ~ "moa...'~. N ^ ~l°eue °m~ r n m~oo ` ' ~ ee ..m~n N~.ie ~e iNmui...:N~~.,rv ,.~n ~ $ m ~~o r "'° ° ° ° ° ° n mm.. N m m m m o , o , N a' E U E p OOO N rv ~~ P Nb ~ m ~ p ~ mm N m ^ Y ~ O m Y is ~Dm m V Q V _ 3 ~n W - qy ~+ u> >V4¢u u U u u u .+ ..yy~ O nm P o o~o ~oo go 0 o a 0`^°o8e ~ m ~ o S Seoee S8S88Soo 8 8 ~ ~ ~ S~eme g~~S$~°~ u m N mo OHO NN rv ~ + M pp OO C N O O ~~O SN ~ O v~~nNO O N ¢ m n .n N -+ J J ~J P C O ~ ~ ~~bP 0 0 i v Ou 0 i~o O ¢Omm rv00pv~ E v ¢~O~m ~ O SO~ S O pp • }}B~O O S~~ ~ N n~ n rv i P R n m 8° N 0 m ~~ F o u i u f i u u i v i SO i i0 N mx rv } Nrrm~OVr ir m nml ~f wN ~{ ^ r,+ NNNNNtVmN NN~m PN P M f E u] ]LL a ..m 7°4`E__ m .. m _b__ iN v .. ~ r ~ c s - v ' _ ~ - s i _ _ _ - - a° - _ - b i£v 4 _ __ c t Q £ q ~ O «T N -~ ~ ~ `~ ~ d ~ ;- N N E p ~ c AEw~, •J? _ ~n vTO S6 F C y ~- ~.. N ¢ S ¢C6 6 F G - rvrv nfmp rvNNt-gym nmm r~ .r rv N NrvN ~~ ,. 9 3 u 1~ 1 J nimv no n , vnvn n.rn n U • va vuv ~.wnmv:vvn G~~,HO STAFF REPORT ~~~~~. _ ~ ' r' GATE: September 4, 1985 - 19ii T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Archibald Avenue Trunk Sewer and Street Construction From 4th Street to Base Line Road, F.A.U. M-R078(1) On July 3, 1985, City Council authorized staff to solicit bids far the subject project. The following bids were received at 2:00 P.M. on August 15, 1985: 1. T.A. Rivard, Inc. 52,178,035.85 2. Laird Construction Co. 52,224,779.38 3. Griffith Co. 52,291,638.27 4. E. L. Yeager 52,562,735.00 5. Fontana Paving E2, 567,744.68 6. A.F.R. Associates 52,621,636.85 Bid summary attached. The Engineer's Estimate, prepared by C.G. Engineering, is E2, 257, 840.60. A15o, proposals have been received for materials testing and construction staking of the subject project as follows: C.G. Engineering, the project design engineer, has submitted a construction staking proposal for the estimated amount of 534,250.00 based on hourly rates. La Belle has submitted a proposal for the estimated amount of 544,100.00 based on hourly rates and individual test rates. Project Construction Engineering has been approved by Cal-Trans; Project advisory Letter attached. 9Y City Council Staff Report Archibald F.A.U., Award of Contract September 4, 1985 Page 2 The subject project is to be funded as follows: Street Construction (Primary Bid Schedule) o Gas Tar, and/or Systems Development funds o federal Aid Urban funds (86.22: of A.F.R Associates Primary Bid Schedule or about 30.4% of T.A. Rivard's Primary Bid) o CCWD, Cucamonga County Water District funds (50X of the street construction in the common areas where both sewer and street work occur per previously approved agreement) A prorated portion of the unbalance between the Primary (street) and Alternate "A" (sewer) bid schedules Street Construction Engineering o Gas Tax and/or Systems Deve looment funds (construction staking, materials testing and inspection) o Federal Aid Urban funds (86.22% of inspection) C~ Sewer Construction (Alternate "A" Bid Schedule) o CCWD funds Sewer Construction Engineering o CCWD funds (construction staking and materials testing) • o CCWD to provide inspection RECOMIAENDATION It is reconended that City Council award the subject project to T.A. Rivard, Inc. as the lowest qualified bidder far the bid amount of E2,118,035.85, execute the contract and authorize the expenditure of funds for the contract amount plus 10% contingency. It is also recommended that City Council accept the proposals from C.G. Engineering for the construction staking and from La Belle Consultants for the materials testing of the subject project, execute the agreements and authorize the expenditure of funds for the proposed amounts plus 10% contingencies. It is further recommened that City Council authorize the Finance Director [o temporarily fund the subject project construction and engineering from Gas Taz and/or System Oeve lopment funds prior to reimbursements by Cucamonga County Water District and Federal Aid Urban. ~~(RJe~pectf ully su fitted, e~e~ ~ attachments gr • k :I 3 8 m 0p _ "y e ~ fr S Ed ^ m a b E 5 d 9 a m 0 a P Y a a s a e s b a s e S e a ft .. _ y ~ 7f e R 8 8 R 8~ 8 8 8 8 B e a s a a s R a g s R R e e ~ ~ ~ n $ x ? 3 ? ~ ~ ~ 3 9 A - ~ R (d St ,~ ' 8 8 8 R R a R e .. ., ~ 5 ~ .. _ ^ ^ n r r 8 9 8 8 8 8 8 8 8 E 8 8 8 8 ~ ~ @ ~ : ~ ~ ~ St R ^ ^ -• n 8 8 8 8 8 8 8 8 8 8 8 '~ ~ R A -_ n 9 e B e 8 8 a 8 R 8 R p 8 8 9 St SZ ~ _ ~ r i . e ~ o e e tt 8 8 8 8 8 9 8 B A~ ~ r F r 8 8 8 8 8 9 8 8 R S S~ 8 8 4 E 8 8 8R 8 _ S2 ~Y ~ R ~8 8 &' 8 8 3 8 X 8 8 8 8 8 8 R R 9 R 8 R 8 R m a 8 ~ 8 ~ 8 R - ° _ _ r $ ~ .. 8 8 8 R R R 8 ~ 5 S S 5 5 F ' R ~ C 4 85 8ry a ~ m}~ 5 y } _ ^ fi _ ~ s m E S ~ a a ~ % x a ~ a R N 6 9~ V R ~ R 8 8 ~ 8 R 8 ~a ~ B $ B ~ 8 8 e ~ 9 8 ~ 8 a 8 ~ s m A a 8 8 8 ~ ~ y s _ a .. ^ a • ^ - ^ ~ ~ . .. 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(en_m William Edmonds, District Director Ca lTran s, District 08 P.O. Box 231 San 3ern ardino, California 92403 Attn: Jim Bolcom SUBJECT: Archibald Avenue Street Improvement from 4th Street to Base line Road. F.q.U. M-R 079 Dear Mr. Edmonds: Enclosed please find "Project Advisory Letter" per your request for your review and consideration. The City hereby requests permission to administer the subject project and provide all necessary inspection except as follows: - The City requests that CalTrans provide source inspection of all appropriate materials. [f you have any questions please contact Lloyd Hubbs or myself at 989-1851. Sincerely, COMMUNITY DEVELOPidENT DEPARTMENT ENGINEERING DIVISION LLOYD 8. HUBBS CITY ENGINEER BY: Monte Prescher Public Work; Engineer LBH:MP:bc • 9J20 RASELISE RnAn. St'ITEC • P05T OFFI('F: 60X NOT ~R.1 S('IIn ('L'C A)I IISf„\, CALIFOR\1,191;]0 ITI l19tl0-1 AJI ~ t Grp\II° CITY OF RANCHO CUCAIIONGA ~.., Z ~~.,,,~..,,... ~. 1'hulc. 1. I;mpirl II Jc lfn. Lim, I)9T Itiohard >I. b.ihl I'am cla .i. 1\ rn, In - July 3, 1985 PROJECT ADVISORY LETTER T0: District Director of Tran sootation, District O8. FROM: City of Rancho Cucamonga SUBJECT: Construction Engineering for Project - Archibald Avenue S[reet Improvement from 4th Street to Base Line Road F.A.U. M-R 078 The following personnel will be assigned to the subject project: Full-Time Part-Tim= Resident Engineer; Monte Prescher, Public Works Engineer 70% Inspection Personnel; • Mike Long, Sr. Public 'AOrks Inspector X Mike 'Wolff, Public 'Works Inspector 60% Bill Vessey, Inspector (Sewer Main) X Jerry Cunningham, inspector (Sewer Main) 10". Survey Personnel; C.G. Engineering, Planning & Engineering Consultants Dave Barakian, P.E., Project Engineer Fred Cole, L.S., Chief of Survey Party Ted Fike, L.S., Chief of Survey Party Sails and materials Testing; LaBelle Consultants Steven Marvin, P.E., Vice President Smith-Emery Company, Soils Compaction Paul Lenstrom, P.E., Vice President Osborne Lahoratories, Inc., Sails Compaction Karl Slaufuss, P.E., President Registered,Engineer in Charge of Project; Lloyd B. Hubbs, City Engineer, R.C.E. No. 23849 Project Engineer; Blane Frandsen, P.E., Sr. Civil Engineer Project Engineer (Sewer Main); Charles Bergson, P•E., District Engineer Traffic Engineer „ Paul Rougeau, P.E., Sr. Civil Engineer The field office sill be located at 9360 "C" Base Line Road, Rancho Cucamonga. ~D o fa;a R:\SE LISE ROAO, SCITEC • POST tIf FIrF. RO%AO7 ftASCllflt'CC.\110Sf. A. CA LIFOft\'1:\91 ;a0 • 17111faf~lful u CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: September 4, 1985 TD: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer _ BY: Dave Leonard, Maintenance Superintendent ~~ ~uu.iro~,c Via' Mr '^ <- ~. „> 5 ~~ L_ ~ Z 6D 19~~ ~ SUBJECT: Agreement with County of San Bernardino for Chemical Weed Abatement Services Pursuant to the City Attorney's request on March 27, 1985 (attached), the County has amended the Chemical Weed Abatement Agreement to reflect his comments. Please find attached the revised Agreement for your approval. RECpMENDATtpI It is recommended that City Council approve the Agreement with the County of San Bernardino to provide Chemical Weed Abatement Servic=s. Re~ectfully sub~itted, Attachment /o/ . ~( Lr ~,. _. ~R-~jf ,, yC~ .:1,~,~,,.o..oec y,~~., VUmBCq CVE Civic .^,E \iE? _i P...._ POV Riw cEOOR ./11xE5 E NnpxenxN P O B..r 'C 59 xNCgEW v ApCZ~N Sxi BR EI.. CALIFORNIA 92621 N O r. OPC g11G F A ~~99p~09pi iE LCPVp NEB' AEI ]~ !9i ~ 39'~I MEMORAWDDM TO: Lloyd Hubbs, City Engineer (////~/~~'~~ FROM: Andrew V. Arczynsk i, Assistant City Attorney DATED: March 27, 1985 RE: Weed Abatement Agreement with County of San Bernardino Pursuant to our telephone conversation, this date, we are forwarding our comments with respect to the agreement forwarded to this office for review for weed abatement work on behalf of the City by the County of San Bernardino. As you • will recall, we have discussed the matter briefly with Paul Gru:.e, Deputy County Counsel who indicated that we should forward our comments to him for potential rewrite of the agreement. In the event, below are our thoughts regarding the subject agreement. 1. While tha agreement provides that a weekly report of activity under the agreement will be provided to the City, including areas covered, there does not appear to be any specific control provision in the agreement with respect to the total amount which may be expended on behalf of the City without the City's prior notice. Stated otherwise, there is no way of knowing exactly what this contract will cost or if there is any type of a limit on expenditures under the agreement. Accordingly, the contract is "open-ended" with respect to costs. 2. The agreement contains no provisions whatsoever with respect to insurance or indemnity in favor of the City. Since the County will be providing the services through the use of its own employees and equipment, it seems appropriate that the County ought to, at the least, indemnify and defend the City in the C 1 /oy Memorandum to: Lloyd Hubbs March 27, 1985 Page Two event of litigation. As you know, the use of chemical weed killers and related matters could easily generate litigation in the event some person or some person's property is inadver- tently sprayed with some type of a chemical. Accordingly, we believe the County ought to defend and indemnify the City. 3. Finally, the termination provision of the agreement appears to run wholly in favor of the County. The agreement is for five years unless terminated, upon thirty days notice, prior to February 1 of the year of termination. It would appear that the intent of the agreement is that the City must deliver notice of termination during January of a given year in order to effect a final termination of the agree- ment at some future time. That future time is not specified. We believe that the agreement should simply provide for a thirty day notice by either party of the termination of the agreement. The date of termination should be specified in the • notice of termination itself. While we could spend a great deal of time trying to come up with other additions to the document, we believe that the three identified above will serve to protect the City's interests amply. Should you have any comments or wish to discuss the matter in further detail please feel free to call. AVA:ljl Encl. P.S. We are returning herewith the original documents forwarded to this office. • /03 MINUTES OF THE 60ARD OF SUPERVISORS OF SAN BERNARDINO COUNTY. CALIFORNIA FFOM, ROGER L. BIRDSALL Agricultural Commissioner FEBP,UARY 25, 19"aE • 5U 6lECT: AGREEMENT BET'dEEN THE COU!ITY OF SAN BERNFRD:NO AND THE CITY CF RANCHO CUCAMCNGA FORA WEED CONTROL PRCG R;i1 (AGRiCOLTU RAL COwh1: SS:CfiE R) FECOM MENDATiON: Approve renewal of five-year agreement with the city of Rancho Cucamonga far the Agricultural Commissioner to conduct a weed spraying program not to exceed direct casts of the program. BACKGROUND: This agreement was initially established in FY 1979-80. The city of ~Ra ncho Cucamonga has requested that the Agricultural Commissioner continue to carry out a program to control weed growth in parkways and along rights-of-way within the city limits of Rancho Cucamonga. REVIEW BY OTHER DEPARTMENTS: This contract has been reviewed and approved by County Counsel. FINANCIAL DATA: The County .c ost of this program is fully reimbursed by the city of Rancho Cucamonga. PRESENTOR: Roger Birdsall, Agricultural Commissioner, extension 1468. • cc: AF{i. Ccrriss Toner w/4 a for si~arse City of Rar:c?:o Cucar.~:g2 cJo Agi, Comtdssicner Auditor GSA File gctlon of the tloar0 of SuGerviscrs AGREEMENT N0. 85-106 APPROVED BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO MOTION X Nflticm X X Seccr: 1 2 3 4 5 MARTHA ``~~JSEKERAK, CLERK OF THE p ARD DA?t~ _ F o 1995 ~^ 4"''°~! .~000N TV OF SAN BERNAR DING CONTRACT TRANSMITTAL Coumy Jewn^'.!^: LC\TP.1CT NU).IaE R Agricul to rz _,~~_, -~ ~Co~n:v onar:mem aon;rac: ,izo.esan:auce "6 efn<waCle Tnmina:es Dixon Hun tzr nn E.: 1548 wtf Feb. 1, i990 a~e9ft unit vp, s..p Jbrcc: Np. Fune Lp mo me amount or contras: ~' 451 ~ 960 4 001 I Per P,O. Cn<c4 Cne = ' ! fne~tur! yFavfnuf II<onlfdcl nos Tore :M1an one payment er rec[i l S,S,A. = p . omPt9m Ine f0lrowmq. or Fetleral Number of payments: "mPlover IO = Esnmaree amount of each 5 Contractor: City of Rancho Cucamonoa Contractor's Representative: Lloyd Hubbs, City Enoineer Address: _ 8076 Archibald Avenue, Cucamonoa, CA 9ll30 Phone: Nature Uf CbntracC (Brief/y descrrbe the general terms pl the con(racU Weed control on City rights-of-way land by chemical means. • B"""" TD CLEB(t OF THE BOARD /Attach this transmr, tal to all comracts not prepared on the "Standard Contract" Iorm ) APpro•red to ~ ~-. Reviewed as to budge) expenditure County Counvl b County Administrative 0lhce Va9< el OA I }:91.10 f /O) • I 'I~ ~ C R F C N F 1; _ THIS AC,R EEMENT, affective when signed by both patties, is by '~~and between county of San 9ecnardino, a nnli tical subdivision of i the State of California, hereinafter referred to as COUN'T'Y, and g the City of Rancho Cucamonga, a municipal corporation, he reinaf tec referred to as CI~'Y. g WHEREAS, rOUNTY and CZTY are already contractually engaged q in a program of weed abatement within the territorial limits of Ip CITY, but in a nrogram that does provide f.or the control of weeds II by the use of chemical means on CITY-owned rights-of.-way, and I' WHE PEAS, these parties ace agreed that COUNTY has provided, I' and shall continue to provide, services to CITY for abatement of 14 weeds pn CITY rights-oE-way land by means of physical removal IS without the use of chemicals, all for which COUN'nY shall he ~0 16 re im6ursed by CITY under provisions of the Agreement already now W'= I' in effect, and ~ " IS °~~ IQ W°ERRAS, these parties desire to establish a second program 'z i ,0 for weed control pn CITY'S right-of-way lands by chemical and °e' I mechanical means, in a manner approved by County A9ricu ltural ux=_ ~I i -~ ~ ~ Commissioner for land determined by the City Engineer, ?3 THF,RF.FORE, it is agreed and covenanted by these parties as ~4 follows: .5 I ,6 COUNTY shall, by and thzough its Agricultural Commissioner: =~ 1. Provide a spray truck, operator (and applicator when 28 necessary), and appropriate chemicals to spray various areas of =q CITY-owned rights-o f.-way as des ignated by the City Engineer, the 30 operation to be supervised by the County Agcicultural 31 Commission^r. 3? 2, Perform respraying in the spri^,q when, and as determined 33 necessary by both the City Engineer and the county Agricultural 34 35 ~°mmissioner, 3h 3. Provide applicatior„ rates and typrs of chemicals as PAG;al 7-23-PS ~oG ,e~uen ~n m. > e. i'. .o-`. ~Q ~= 4`J-_ :i ;'"_ ~_: o-= vi= G ~i ~~~~ determined by *_he roan ty Agricultural Commissioner on ±he basis I of obiectives set by the the t'ity F.naineer. - 4. Previde a aua:t_rly report of activity, includino labor, 3 ~I; ~auioment, mat=vials, and areas covered. 8 9 IO I I= l3 13 IS I6 I' IS (9 .0 .i ,3 ~~ ?S :6 27 ,g ,q 30 31 3'_ 33 34 35 35 5. Provide a Quarterly billing based on the actual cost of the labor, including suaervisior. and overhead, equipment and materials. 6. Notify the City Engineer if, at anytim=, it is determined that the amount of the Purchase Order, of CITY, will be exceeded by costs to he billed. 7. Final determination of performance, that is, amount of equipment, materials or labor to be provided by COUNTY shall be subject to approval of the County Agricultural Commissioner, who may make reductions in performance if any of such resources of COUNTY should be reserved in his judgment from further performance. 7A. COUNTY shall indemnify, defend and hold harmless CITY ' and it.<, officers and employees f.rem any claims or damaoes arising solely from action or conduct carried out only by COUNTY officers or employees, and in which no CITY representative took part, pursuant to this Agreement. II CITY shall, by and through its City Engineer, or as '.appropriate, its Purchasing Aqent: 8. Compensate COUNTY for all its direct costs in performing the above duties. 9. Provide a purchase order in the amount of the estimated most of the total program hereof. 10. Provide additional purchase orders when necessary to carry out its obligations hereunder. ].1. Provide f.ul1 cooperation to COt1NTY in carrying out the provisions of this Agreement. -2- uq ~.m a«see 11 /D~ 4 i 6 7 8 9 10 I I2 I3 14 IS - 16 I7 ~4- ee 18 u;' ~> ; 19 ai := _0 'o? u@- it ` „ 23 14 ,; .6 27 ~g 29 30 31 3. 33 34 • 35 36 T. I? Term of Aa re empnt and Notice. 12. This Agreement shall he in effect for a oer:od or. five (5) years, on a year-to-year basis, unless terminated earlier by either party upon th icty (30) days prior written notice. 13. Notice shall be sent as Follows: City of Rancho Cucamonga 8076 Archibald Avenue Rancho Cucamonga, California 9.1730 Attention; City Engineer County of San Bernardino 777 East Rialtc Avenve San Bernardino, California 92415 Attention: Roger L. Birdsall Aaci.cultural. Commissioner ATTEST: MARTHA M, SEKERAK, Clerk of the~%j~~Boya. rid of Supervisors COUNTY OF SAN BERNAFDINO Bx~y1 (/ / D uty ROBERT O. .OWNSEND, Chairma nated: FEB 2 5 1985 RoarA of supervisors ATTEST: CITY CLERK CITY OF RANCHO CUCAMON~A By Dated: 11PPNOVm AS TO FORai .~ DATE ~- ~ >~.S -3- Alain K. 1larks. fAUNTYC9UNSEL v~r NARemowurm.rulfoRNu ~ o f Br ~~~.'~ ,.~,_ '~ , OFPh, • CITY OF RANCHO CCCA:IIONGA STAFF REPORT DATE: September 4, 1985 TD: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer _ BY: Richard Cota, Associate Civil Engineer ~~ G~;G.Np~ a I } "i ,• ~_ 'T - ~ r ~',O v ~ > 19" SUBJECT: Approval of Street Frontage Construction Agreement between the Southern California Edison Company and the City of Rancho Cucamonga The attached subject agreement between the City and the Southern California Edison Company proof des for the widening and improvement of Base Line Road at the southeast corner of Turner Avenue. The Southern California Edison Company has agreed to reimburse the City the cost of constructing new curb, gutter, sidewalk, driveway and street pavement fronting their Archline Substation in conjunction with the City capital improvement project for Base Line Raad, as well as grant the attached Roadway Easement to allow for the full widening of said street. RECDMNENDAT[oN it is recommended that Council adopt the attached resolution accepting the Southern California Edison Company Grant of Easement and authorizing the City Engineer to accept the conditions of approval for the Edison Company's reimbursement of said frontage construction costs. lly sub~itted, :jaa X09 Southern California Edison Company • . ~-._ aE.~. ee_.E,.N, LONG BE.Cw Ca, o9V . ) ]. N J JU LIfF Mr. elane W. Frandsen August 7, 1985 Senior Civil Engineer City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Frandsen: SUBJECT: Street Improvements Archline Substation RP fiile No. 850326/678FK We have reviewed your request for Edison's participation in the City of Rancho Cucamonga's street improvement work adjacent to Archline Substation. It has been determined that where a city block has been improved • with curb, gutter, sidewalk and pavement exceeding 508 of the total block, the superintendent of streets may, under procedures of the 1911 Act, order the installation of such facilities on the remaining portion of the street. The above would apply to our Archline Substation property. Upon receipt of an invoice from the City of Rancho Cucamonga, we will request a draft, not to exceed $23,700, to reimburse the City for costs of street improvements, subject to the following conditions: 1. Adequate access to Archline Substation property must be provided and at no time is there to be any interference with the free movement of Edison Company equipment and materials. 2. Any earth disturbed within the Archline Substation property and/vr ,backfilling shall be compacted to 90 percent. 3. A commercial-type driveway approach 16 feet wide with curb dep[essions capable of supporting 40 tons on a three-axle truck shall be installed at the Archline Substation driveway's present location. 4, Any trees or plants within the parkways on Archline • Substation property shall be maintained by the City of Rancho Cucamonga and shall not exceed a height of 15 feet. ~~ o - Mr. Blase W. F[andsen -2- August 7, 1985 5. Final plans, including grading plans, must be submitted to the Supervisor, Land Adminis t[ation SecCion, Southern California Edison Company, P.O. Box 410, Long Beach, CA 90801, foe approval p[ior to beginning construction. 6. Edison will grant a roadway easement (copy enclosedl to the City of Rancho Cucamonga for a nominal value of $100.00. This letter should not be const[ued as a subordination of Edison's rights, title and interest in and to its easements, nor should this letter be Construed as a waiver of any of the provisions contained in said easements. Please indicate your acceptance of these conditions by signing and returning the enclosed copy of this letter. Should you have any questions [egarding this matter, please contact Mr. Fritz Roepp at (213) 491-2936. ACCEPTED: CSTY OF RANCHO CUCAMONGA Ti 5344 Enclosure Vecy truly yours, ~~~~ Date Baseline Road [mp[ovemen[s from Teak Way [o Haven Avenue RECORDING REQUESTED BY: City o[ Rancho Ncamon qa WHEN RECORDED NAIL T0: City of Panc ho Cucamonga P.0. Box e0] Rancho Ncamonga, G 91]10 Location: City of Rancho Co cam onga A.P.N. 30]]-051-O)9 GRANT OP EASEMENT POft A VALUABLE CONS tDERATION, rw ceipc o[ Which is hereby acknowledged. SOVTHERN GLIPORNIA EOISON COMPANY, d c0[po[dtien, he[ei hafts[ caf e[[ed to ae •Gra nt o[• hereby Cunca co the CITY OP RANCHO CUCAMONGA. a Municipal C@rDOratio n, an easement [O[ Roadway dnd Clla[ed pn[poeee im, OVe[. aOd Upon ChdC C@[Cain IBal pC Ope[[y, in the City of Rancho Nca mo0ga. Covnty o[ San Be[na[d Sno, Scace of Cali[Ornia, described ac EOllovm: That Do coon Of tA@ Nest D0.00 feet Of [be North )50.00 feet o[ Lot 1 1n Section 2. Township 1 Oauth, Ra nqe ] Mest. San Berna [din0 M@[idi ae a[ Cucamonga Londe ac shown by map on [il in Book 9 0[ Maps, page 9, [eco[de o[ San Be[na[a ino Cou nt~ :; Reco[de[, deccrib ed a@ follouc: s~ COWIENC ING at The Nactnmest co[n e[ of said Loc 4: thence ~ South 00° 11' 00" Eae[ alo n9 the Mes[ line Of caid Lo[ 1 a III r ~ dis[a nce of 150.00 feet: thence South 89• 5]' S5" East a discs nC@ of J].00 feet to [he TRUE POINT OP BEGINNING: thence Noah 00• l4' 00^ Nesc pa[allel [o the caid West line a disco nce Of J3]. 00 f!e[ [o i polo[ On d line Dd[dllel to and ~e ~~y J].00 feet distant measured at right ao93es t@ [he said No[[h line o[ Got 1; thence South H9• 5]' S5" East alenq said pa[al lal line a distance o[ 29].00 feet to [De Eaec line of the i< a Neat ]10.00 tee[ mt Bald Lot 1; thence BOU Lh 00• 11' 00" East ~, along caid Ea m[ line a distance of 2].00 teat: CMnce No[th 09• 5]' S5• Mast parallel to cne ea id Notch line Of Loc 1 a ~'~~ dicta nce of 261.09 feet to the beginning a( a tangent cv rve (~' concave to the Southeast having a [ad ive o[ 21.00 teat; thence v ^ 2 along said curve to the left through a central angie of :0• l4• 05^ an a[c dicf ante OF )].O1 feet; thence O4ath 00• 19' 00^ East Dd[d llel LO the eats Wee[ line of Lot 1 d dfscance of 265.09 Eeet; [hence North B9. 5]' S5" Nect a dicta nce o[ 11.00 feet to the TRVE PO[NT OP BEGINNING. SVBJECT TO covenants, conditions, rest[ictior , [e6eCVd[SOn6, a%C ept lon6, enCYmb[a nCeS• CS9h[6, ed68m4nt6• lea5e$ and licenses, of [sect ng cne above de6c[ibed teal p[ope[ty o[ any p@a ion Che[eo[. Whether of recocd O[ not. The [ighca hereby q[a need ate net necee @a [y o[ u@<[ul in the performance of the duties o[ said G[a ntoc to the Du Elie. ~/ 2 Cran[ of Easeme nc s.C.E.CO., a corp., to C1[y o[ Ra ncko Cucamonga, a Mu nici Dal co[po [ation Se[ial No. SgOOYA tN NITN¢s5 I/H¢R¢OP, paid Sou [De[n California ¢dtson COmpdny Ddb CdU68d l[6 CO[pOCdG@ nam! dnd 6lal tq be dfflXed D![@[O and [Dic instrument to De a%ecu[ed by [De Ma pager of Real ProDe[[iea Depa[tmen[ and an Mcicta n[ Aecteta[y, cbe[egn to duly au[DOrized CDic day of __ 19 eODTNEAN CALIPORNIA ED LEON COMPANY ey A. J. Jglitt Nanagec of Aeal Pcopar[iev Department Ry Amcicta n[ Secre[uy SHE CITY OP RANCHO CUCAMONCA doom Dereby accept the alcove and Loreq Ding Easement upon and muDjec[ to all o[ the ter Nm. covenants and conditions tbersim eonca ined. DATED a6 of tAie day of 19_ • THE CITY OP RANCHO CUCAMONOA ey STATE OP CALIPORNU ) ) 66 . covNTY oP Los ANCet.es ) On CDiv day oL 19 De[o[e ma, a Notary Public in and for said State, permonally appeared A. J. Juliff, personally knovn to mm (or Droved [o ne on tae Damim o£ ea tf mt acto[y evidence) [o be Manager of tae Real P[opertiea Dl partment of tout De[n Califo[nia Edison Company, [De cotpata[ion that executed the vi[Din fne[rume nt, personally knovn [o me (or proved to me on [De basis of eatifi[a c[ory evidence) to De <De De[son uDo executed tae vitDin fnet[umen[ on benal[ o[ tDe corporation De[ein named, and acknovled9ed w me tDat eucD co[po[a[ion executed CDe same, pu[euan[ [o its by-lava or a tee elution of i[a Doa[d of directors. NtTNESS my Dand and o[[icial seal. _2_ i/ 3 C[anc of easement S.C.e.CO., a co[p., to City Ot RancnO CU CamOnma. a Hu nicipal eocp0[dCion Serial No. STOOyA STATE OP GLIPORNIA ) ) 66 couNTy oe bos ANCei.es ) On fort day of 19 . befoca me, a No taty Public ih and Loc said Sta ~a, pe[sona lay dDPea fed pecsona ily knovn to me (O[ p[oved to me on [he Da cis a[ caticf acco[y evidence) to be an Assis[anc Secretary of Sovtnern Cali[o[n is edison Com0a ny. the cot potation tna[ execv[ed the vitnin instrument, perco-.aliy knovn to me (oi p[oyed ca me an the basic of bat is[a c0o[y evade nce) to De the person vho exe vied ens urchin inctcumenc on Denal( o[ the cotpocatioo ne[ein named, and acRnovled9ed co me that cvch cotpo[ation executed tbt moms. Du[muant to its by-la vs or a Y eeOlUtlOn O[ iCY DOi[d OL di[eC[O[t. pITNES$ ry band and of Licial cu 1. 5TATe OP CALIPORNIA ) m¢. COUNTY OP ) On tbi¢ day o[ 19 beto[e me, a Notary PuDlie in and fo[ card State, petsonall epPea [¢d per¢sna lly knovn CO me (oc p[oved to me on the patio of ma[ic[accory evidence) [o De cne ana p et¢Onally knovn co me (ot p[oveE to me an the basis o[ sacis[aceoty evidence) co De [ne O[ [he Ci[y of Ra n<h0 Cuca mon9a, the municipal co[pocacian coat a%ecu red the vitnin inac[umenc, and acRnov ledq ed co me coat they executed LAe same on banalt of Waco municipal co[poca cSon. MITNe 55 my band and official teal. C~ _]_ ~, ..v m. B~JSEL//UE / ~~~ ~e~a~ic S,G" -' P. rac+~ F ~• .. c re~B/ / [~///O of so./rNE.ev W ~ CAC/FGCVi4 EO/ro/ Cow <~y~ Q 8p ~FRCNG//£ Sa/95T,fns/f ••_ 1 fit. e I6,9 ~S ~ ~' ~ ~-„~ ~Jf~-1"1J~~1 Jr ~ ~ Jr!r SC C 2 ~ . T, S. ,2.7 W CO,~/lq/ U5 / /9 F , B ~2~ CUC:1MO.d6q GA.~/OS SK 4 Pc 9 ,tqq P.: Q LA.vDS O<' SOUTHEQi/ CA[/<a.F.~io '~'~'~'T~~'I FO/SD.C/ OOtI.~gUY ~~.. LLy EASE~/E.~iT BEi.c/G G4A,vTEp Tp 7IyE [~/T/ aF ,QAR/CNa C4C'A.t10.f16.O r O.l ,~OAOIIigY .04/O Q6[.PriO f3/.E'PafES J. O. 23/'7 SER. 570o7q 5'T,PEET 5uc/: / =/ce / M. S. A.PCHL/./E SvBST.v Tioti/ .NAP JA'Cro ie,C THE LaAllo../ of ,PpAO{/AY ~ASinlf //Ofin~i( GF+'/~d0 FEb.~1 SoufN/AN CAUfO /ui0 /p~tr/c e. To TN! a.rv o,~,CW/CM Oi/Ui4~+KN ~.wu .c •m //!~ RESOLUTION N0. €49-0fi95R8 ~ "~ ` y • A RESOLUTI DfI OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMO"VGA, CALIFORNIA APPROVING STREET FRONTAGE CONSTRUCTION AGREEMENT ANO GRANT OF EASEMENT BETWEEN THE SOUTHERN CALIFORNIA EO ISON COMPANY ANO THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Construction Agreement and Grant of Easement to be executed by Lhe Southern California Edison Company (hereinafter referred to as Deve loner), for the installation of frontage improvements located on the south side of Base Line Road, east of Turner Avenue; and WHEREAS, the Developer desires that the City construct said frontage improvements in conjunction with the City's pro,j ect far the improvement of Base Line Road from Teak 'Way to Haven Avenue; and WHEREAS, the Developer will execute an easement for roadway and related purposes over said frontage to he improved; and WHEREAS, the City is agreeable to have such improvements constructed as part of the above noted City project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, California, that said Construction Agreement and Grant of . Easement 6e hereby approved and authorize the Mayor to execute the same. PASSED, APPROVED, and ADOPTED this 4th day of September, 1985. AYES: NOES: ABSENT: on D. i e s, '4ayor ATTEST: Beverly A. Authe et, City C erk 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 6y the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned} meeting of said City Council held on the * day of R, 19**. ~/G • STAFF REPORT t~%~9. ~. , ~;, a r ~~: _ ~: -- i~-- DATE: September A, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, Community Development Director BY: Dan Coleman, Senior Planner SUBJECT: TENTATIVE TRACT 12833 - LYON - Approval of agreement for construction of model homes prior to final subdivision map recordation. I. BACKGROUND: At the meeting of July 17, 1985, the City Council received a request from Jim Bailey, The Nill iam Lyon Company, for approval of an agreement to permit construction of model homes within the above-described tract prior to recordation of the final map. Councilman Dahl expressed concern that Conditons of Approval in previous phases of Victoria had not been completed and that these items should he resolved prior to approval of any agreement. Attached for your consideration is a draft agreement and letters from the affected school district indicating payment of school fees (please note that these letters do not indicate capacity to handle students generated by this project). Staff is recommending approval of the agreement. II. ANALYSIS: On February 13, 1985, the Planning Commission approved Tentative Tract 12833 with conditions requiring certain improvements (e.g., street, sewers, drainage, etc.) pursuant to the Subdivision Map Act. The Nilliam Lyon Company is requesting that the City Council expedite construction of the model homes prior to recordation of the final map through approval of the attached agreement. This proposed agreement is similar in form and content to the City's agreement with Lewis Homes which allowed construction of model homes within Terra Vista prior to recordation of Tracts 12316 and 12317. The agreement will allow the developer to take advantage of the current up-swing in the housing market. The City Attorney and Staff recommend approval of the attached agreement. The proposed agreement will be recorded prior to issuance of building permits and remain as a encumbrance on the property until all conditions of the agreement have been fully complied with. The main provisions of the agreement deal with insuring construction of streets, grading, utilities and landscaping necessary for the model homes. Occupancy of the model homes will not be given until the final map has been recorded. ~/ 7 CITY COUNCIL STAfF REPORT TT 12633 - LYON September 4, 1985 Page 2 • If approved, the agreement will permit the construction of a maximum of five (5) model homes (see Exhibit "A") in Tentative Tract 12833. No occupancy of model homes will 6e given until the final map has been recorded. If the map has not been recorded within two (2) years after building permits are obtained, the model homes must be demolished or removed at the expense of the Lyon Company. In response to the Council's concern regarding compliance with the Conditions of Approval within previous phases of Victoria, the~•e are two issues: (1) landscaping and wall treatment along Highland Avenue; and, (2) equestrian trails. At the July 1, 1985 Planning Commission workshop, The William Lyon Company requested postponement of the completion of landscaping and wall treatment along Highland Avenue in order to develop a more attractive street scope design concept. The Plarnn ing Commission agreed to a test section of the perimeter wall being constructed for the Commission's review and approval prior to installation of the full landscaping treatment along Highland Avenue. However, issues regarding CalTrans does not allow for immediate resolution of this • issue. In reference to the equestrian trails, the issue is the extension of the trail with Victoria Parkland from its existing terminus at Windrows Park southerly to the railroad right-of-way. The Conmunity Plan specifically requires the equestrian trail from Deer Creek to the railroad. However, when Tract 12044 was approved within Victoria, no requirement was made at that time for implementation of the trail. In an attempt to fill in this "missing link", the City has directed William Lyon to explore alternative solutions to retrofit the trail onto Victoria Park lane. Though Doss ib le, to retrofit the trail onto Victoria Park lane would require major revison to the parkway. This issue was considered at the Planning Commission hearing of August 28, 1985. James Bailey of the William Lyon Company indicated that his company would be willing to retrofit the trail onto Victoria Park lane if that was the City's desire, but as an alternative solution he proposed an alternative trail connection to the north and east through TT 13027 that would link the Victoria Parklane to Etiwanda. In consideration of the fact that there is no planned trail connection between Victoria and Etiwanda, the Planning Commission felt this alternative proposal to be highly desirable and has recommended that 'William Lyon be allowed to construct this trail in lieu of the trail connection to the • railroad. Another consideration in support of this alternative trail design is the opportunity to secure a more advantageous trail ~i 8 CITY COUNCIL STAFF REPORT TT 12833 - LYON September 4, 1985 Page 3 n U connection to the tracks at the eastern perimeter of Victoria adjacent to the backside of Tract 12044. The Planning Commission has also recommended that the Et iwanda Specific Plan be revised to show this new trail alignment. RECOMMENDATION: It is recommended that the City Council review and approve the attached agreement. Respectfully submitted, 1 t Community Development Director JLDC:ko Attachments: Exhibit "A" -Plot Plan Memo from The William Lyon Company • Letters from the School Districts Agreement • /i 9 r ~1 ~ i1 ~ ~ '~ ''~ 1 1 ~ w'. ;, 1 rJ ~_, ''~ 1 m ~. ~ 1 I ~Q', ~' (~ ~ _ ~ ~ --J iy. _---_---- _ I~'. ~., ~~ ~',, ~~' 01~ \~\~ ~ 1\\~~ 1~, -~ 1S \1111 1~1;, I~~i a 11~1~ ~ ~i. ~~,° I~ij ~ I~ I~~I ~''' I ,,~~,I J~~1i~~' ~~ ~ ~~ Ilil,~~~ Q`' ~~~~~} ~:~II o ~'vlzo'~I 'ri ~ N p a~ I 2 N 0 /e~P, WILLI.Ar1 LYON~m/ian~ 1~ u Date Au gus- 14, 1095 Ter truce Cook Ci:y of 3a n: ho Cucamonga RE6EIVEB CITY OF pANCNO CUCAMONGA AM '~---- --- PM From sceven Ford 71$191f(I1111~11121';I`~15j6 ProjOCt Vic[p ria yeadows Subject Agreement for Tr. 12973 T ransmieced he rewich is the Agreement Eor Tr. 12873. We are re aue sc inq c ha[ [he build inq permits for [he model homes be released prior [c recordation of the tract map be considered ere ehe Cicy Council mee tine on September ~c h. Also enclosed are the 5r,hapl Dist rice Ieteers for the model homes. Please contact me Eor anv add is ianal in Eo rmac / J-~ Edwanda P 0 Box 2a8. Enwanda, Caldornia 91739 i77a; 899-: 7G6 .iuly 10, 1985 To Whom It Nay Concern: -RECEIVED • cm or rs~ncNO cucnrwnca rumm~c o;wston AM auc 2 0 uses 7t8t9tgtllll2tlt2t3t4t5 6 L The ECiwanda School District is in receipt of a check from [he William Lyon Company totaling 55,500.00 in payment of builder's fees for five non-occupied model homes to be constructed within the boundaries of the Etiwanda School District. 5 Units The Meadows Tract 412833 Lot 020-24 TOTr1L 55,500.00 Sincerely, ~~ Carleton P. Lightfoot Superintendent CPL:rg Carleton P Ughtloo! Supenntentlent BoerG of Truats~~ R. G fJerryl Bred Gary R Collins Davitl W Long Marshall B Prwlt CecJ~a Soiono z >. ~,~~~F"rtY JO OJT iJ~110~1 iilGri ~Cri o . - ,. . • c n c c o,,,~,~ .,o ., ~.,_~ - ~ -RECEIVED- OILY OF RANCHO COCAMONCA MANNIND DIVISION aM AUG 2 01965 PII 7i8i9imill~12i1i2~314i5i6 TO WHGN IT M~.Y CONCER`7 T::is is to veri _`y that Wm. Lyon Company has me;: the recuiremer.t o. 0.diaance Vo. 0 of the City o'_ Rancho Cucamonca and bas pai3 builders fees in the amount o` $600.00 per dweilirc unit directly to the Chaf fey Joint L'r.ion High School District. The total amount of b3,000. 00 is for 5 units in the project as escr:be3 below. Tract No. 12833 . Victoria Project Received .~~R- Date Ju y 1~, 1985 Rancho Cucamonga /13 -RECEIVED- CITY OF NANCNO CUCAMONGA PIANNINO DIVISION ~ AUG 2 01985 • AGREEMENT 718191pill1121112f31415P6 THIS ACREEMf9'C is made and ence red into effective ,1985, ~v and between The William Lyon Company ("Lyon"), a CaliFo rn is Co rpo roc ion and the Cicy of Rancho Cucamonga, a Municipal corporation ("City"). RECITALS A. Lyon is the owner of record of ce rca in real propercy Located in [he Cicv (the "Properc y"), as described in Exh ib is "A" attached hereto and 6y chis reference made a par[ hereof. B. Lyon has undertaken suhdivision of por[rons of [he Property as Tentative i race No. 12873 ("irac t"), as described in Exhibit "A" ac[ached he re[o and by chis reference made a par[ hereof. Lyon has obtained approval of the Tentative Tract Map by the City and proposes co develop chis propercy in single family re sidenC ial use. C. Lyon desires co construct [he model homes for the Tracc, and assoc La led improvements, prior [o reco rdac ion of the EinaL subdc~is ion map for the T tact. D. The Ci[y wishes to permit such construction, provided chat [he public health, safe cy and welfare are nor adversely of Eecced, and provided chat • ehe City has adequate secu ri[y that the ultimate subdivision and development of [he Tract will be completed, or that otherwise the property will be restored to its orig loot condition. 9OW, THEREFORE, the parties hereto agree thae Lyon may construct [he model homes for the Tracc, and associated imp rovemen[s, prior co re cardat ion of the Final subdivision maps for the Tracc, provided the following conditions are met: ' 1. A maximum of five (5) model homes in Tentative Tract 1283] may be eonse rutted prior [o final suhdivision map recordation pursuant [o [his Agre eme nC. 2. All construction and improvements shall be reasonably consistent with the tentative Tract Map as approved 6y [he Ci[y Planning Commission on February t3, 1985. J. Lyon has provided eo ehe Ci[y Planning Division detailed site plans indicating the homes and improvements to he roost rusted, including streets, pa r4ing areas, fencing, tan dscap [ng and signs. Such plans are subject co review and approval by the Ciey Planner. L. Lyon shall provide eo the Ci[y Engineering Division detailed improvement plans and cost est tma[es for the public improvements to be constructed. Such plans and estimates are subject [o review and approval by the Ci[y Engineer. 5. Lyon has provided co the City Building and Safely Division architectural plans for the. model homy s. Such plans are subjuce [o review and approval by the 9uilding Official. /.~ Y 6. The improvements shall inc Lude consc ruction of sc re ecs, and associated landscaping, co provide adequate access eo [he model homes until the • remainder of the street improvements Eor [he Trace are comp le [ed. i. All improvements for streets, grading, utilities, and drainage shall 6e con strut eed co ulc imaee standards as indicated on the proposed final subdivision maps and the proposed final engineering plans Ear tbx Trott. 8. Lyon shall post bond for completion of all improvements !o he performed. 9. the City shall issue building pe rmics and other necessary permits Eor consccuttion of the homes and improvements, and sha LL issue noc is es of comp Lecion Eor [he homes when appropriate. However, Lyon warrants and agrees that there shall he no occupancy of any model home until the EinaL ouvdivisim, mep for [he Tract in which i[ is located has been recerde d. 10. Lyon wa rran[s and agrees that if [he final subdivision map for the Iracc is noc recorded within two (2) yeacs after building permits are obtained, the model homes in said Trace will be demoltshed or removed, and the property ce sco red to its original condition a[ Lyon's sole cost. Lyon shall provide securi [y for removal and/or demolition in the sum of the es[ima led value of [he improvements plus 510,000.00 per house. 11. Lyon shall provide ode qua [e emergency access, to the satisfaction of [he Foo [h ill Fire Protection Dis[ri<t, and adequate Eireflow, co the satisfaction of the Cucamonga County Water Di scric t. 12. Temporary model area fences will be as indicated on the detai Led site • plans. All ocher walls and fences wili be installed [o permanent standards. l7. L7on sha LL perform and hood for maintenance of all public Landscaped areas until formation of the .a uJsc ape mainca nau~r vrga uizalivn as wndi[ioned on the Tentative Tract Nap. IL, This Agreement, or a memorandum thereof, in a form acceptable to the parties hereto, shall 6c recorded in the Official Records of [he County of San Pe rna rd ino following Ci [y app rovaL of Agreement. 15. Promptly after recordation of [he final map nr restoration of the property under Paragraph 10 of this Agreement, [he Cicy sha 11 furnish Lyon with a Certificate(s) of Compliance in a form suitable for recording upon request 6y Lyon. Such Ce rc if is ace of fompl fiance shall be, and shall so state, conclusive de ce rmination of satisfaction of the covenants and conditions required by [his Agreement, and full compliance with the terms hereof. AE[er issuance of such Certificate of Compliance, any party Chen owning or the rea Ecer pore has log, leasing or o[he rwise acquiring any interest in chat part of [he Pro pe r[y for which a Cert iEica[e of Compliance has been issued shall no[ incur any Eur[her o6ligac ion or liability under [his Agree men[, and shall he thereafter released from any covenants, conditions, nr restrictions herein contained. • ~~ r • 16. Should any party bring suit to enforce any provision of this Agreement or claim arising therefrom, the successful party in such proceeding shall be entitled to recover its costs and reasonah le aeto rneys' fees and any judgement awarded shall include same. I7. Time is of the essence of this Agreement. 18. This Agreement shall bind and inure [o [he benefit of the respective heirs, personal represencac Ives= successors, and assigns of the parties he re co. IN WITNESS WHEREOF, [he parties hereto have executed this Agreement of Eecc ive on [he day and year Eirsc above vricten. "City" CITY OF RANCHO CUCANONCA, A Municipal Co rpora[ion ATTEST: By: Mayor Ciey STiTF. OF C.\LIFORVI\ COCSTY OF__. San Bernardino --j ss me. on_.__Au ug st ty 1985_._-__ brbr~ ihr andrr=.ennl. a Smaq PubL~ 11 Lir viA Cnwur anA Fuv. m 4 p now Y apPared :_':-- ... ........... -_- _. kAa.m,,._~....... .... w 'n`mv4o'tivxfie-i:'c^_"__W r"r-K}pni"."~riil__-- _ _$~Cgy€~ £Qra .. An~ws w mr io I,c ~~i5tan[ _cmrnan~ n! der rnrporaumi char c rmn{ Jm _ wishin In=tramrni. Anne is ma w b~ th< prr=nn= whn e.rrmrd the fl .chin Innrumem nn h hall nl rhr nrpnraimn thcrrin n id. ~I ar Aonwl.d¢ed m me rhai •mh ,orpomnon nn mnl thr wihin U° mnr~mem pm.uam m .u b. law= m a rewludnn of ir. board of dirermn. ~iE /~1,~12f.ti- +~ s~R~a~~.r- - g s FOR NOTARY SEAS OR STAMP OFFICIAL SEAL IORI M BROWN • M07MY P{IRl1G • CAl1FORNIA SNI BERN~RDINO CWNIY Mr oxm~. ani. rp az, 19D n LJ ~1~ TI1E LAND FEFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, . COUNTY OF SAN 6ERNAFDINO, CITY OF FANCHO CUCAMONGA AND IS DESCFIEED AS FOLLOWS: PARCEL 1: THE EAST 1/^_ OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 32. TOWNSHIP 1 NORTH, RANGE 6 WEST. SAN EEFNARDINO EASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY. EXCEPTING THEFCFFOM AMY PORTION THEREOF LYING W17HIN THE E:OUNDARIES OF TRACT N0. 12044 AS PER MRF RECORDED IN f•OOK 167 FAGES 76-09 FECORD"u OF SAID COUNTY. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE EOUNDARICS OF TRACT N0. 12045 AS FEF MAF RECORDED IN E:DOK 167 PAGES 91-99 RECORDS OF SAID COUNTY: ALSO EXCEPTING THEREFROM ANY FOFTION THEFCOF LYING WITHIN THE 60UNORFIES OF TRACT N0. 12046 AS PEF MAF RECDRDED IN 600Y. 16G FAGCS 1-7 FECOFDS OF SAID COUNTY. F'AFCCL 2: THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE EAST ONE-HALF • OF THC NORTHWEST ONE-DUARTER OF SECTION 3°, TOWNSHI F' 1 hIORTH, RANGE 6 WEST SAN BERNAFDINO EASE AND MEFID[AN, RCCOFDINO TO THE OFFICIAL FLAT THERCOF. EXCEPTING THEREFROM ANY FOFTION THEREOF LYING WITHIN THC E:OUtIDAR1ES OF TRACT N0. 12044 AS FER MAP' RECORDED IN 600K 167 PAGES 76-69 FECORDS OF SAID COUNTY. ALSO CXCCFTING THEREFROM ANY PORTION THEREOF LYING WIThIIN THE F•OUNDAFIES OF TRACT N0. 12045 AS F'EF MAF' FECOFDED IN E:004; 167 F'A GCS 91-99 FECORDS OF SAID COUNTYq ALSO EXCEPTING THEREFROM ANY FOFTION THEFEDF LYING WITHIN THE E:OUNDAFIES OF TRACT N0. 12046 AS F'CF MAF RECORDED IN EOOK 168 PAGES 1-7 FECOFDS OF SAID COUNTY. FAFCEL 3: THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE EAST ONE-HALF ' DF THE NORTHWCST ONE-OUARTEF OF SECTION 32, TOWNSHIP' 1 NORTH, RANG F. 6 WEST, SAN 6EFNAFDINO EASE AND MERIDIAN, ._ ACCORDING TO THC OFFICIAL FLAT THEREOF. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE 60UNDARtCS Of TRACT N0. 12046 AS PEF MAF FECOFDED IN EOOK • 168 PAGES 1-7 FECOFDS OF SAID COUNTY. PARCEL 4: PAGE 3 01913E10 /~ 7 LOTS 1, 2, 3. q, v. b, 7 AND 6. INCLUSIVE. OF ORANGE EMPIRE • ACRES. AS PER MAF RECORDED IN BOOK 20 OF MAPS. PAGE 1, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM THgT FOFTION OF LOTS 7 AND 8 LYING WITHIN THC WCGTERLY 330.00 FEET OF THE EgST ONE-HALF OF THE SOUTHWEST ONE-OUAFTER OF SECTION 32. TOWNSHIP 1 NORTH, RANGE 6 WE5T. SAN C'ERNARDINO EASE AND MERIDIRN, gCCORDING TO THE OFFICIAL PLAT THEREOF. ALSO EXCEPT LNG THERCFROM ANY PORTION THEREOF LYING WITHIN THE P.OUNDARIES OF TRACT ND. 12044 AS PEk MAP FECOFDED IN EOOK 167 F'AGES 70-07 RECORDS OF SAID COUNTY/ ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE EOUN DARiES Of TRACT NO. 13934 AS FER MAF• RECORDED IN EOOK 167 PAGES 100-103 RECORDS OF SAID COUNTY. • F'AGE 4 0191300 lay ON THE DATE HEREOF E%CEFTIONS TO COVERAGE IN ADDITION TO THE F'R INT L~ CXCEF'T IDNS AND E%CLUSIDNS CONTAINCD IN SAID POLICY OR POLICIES WOULD EE RS FOLLOWS: 3. GENERAL AND SPECIAL TAXES, a Lien, not yet due and p:y:hle. For Fiscal Year: 1984-E5 TAX INFORMATION TO FOLLOW. A RECORD OF SURVEY RECORDED JANUARY 4, 1983 IN BOOK 47, PAGES 60 THROUGH 75, INCLUSIVC, RECORDS OF SAID COUNTY. AFFECTING PARCELS 1, ~, 3 AND 4. THE BOUNDARIES ON THE RECORD OF SURVCY ARE INDENTICAL TO THE BOUNDARIES OF THE COMEINATION OF SUCH F'AR CELS SHOWN ON THE ALTA SURVEY ON WHICH THIS POLICY IS EASED. 3. THE EFFECT OF A NOTICE OF MERGER PURSUANT TO SECTION 1.1104 OF DRDINANCC 28.E OF THE CITY OF RANCHO CUCAMONGA AND 66424.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, RECORDED AUGUST 4, 1983 AS INSTRUMENT ND. 83-176591. REFERENCE IS MADE TO SAiD INSTRUMENT FOF OTHEF AND FURTHER PARTICULAR&. 4. THE EFFECT OF AN AGREEMENT BY ANG BETWEEN FC LAND COMPANY i:DR7Fl, A CALIFORNIA GCNCRAL PARTNERSHIP FORMERLY KNOWN AS • RC LANG COMPANY, A CALIFORNIA GENERAL FARTNERBHIF AND RC LAIJD COMF'A NY, A CALIFORNIA GENERAL PARTNERSHIP', CONTAINING COVENANTS, CONDITIONS AND TERMS, AS FULLY SET FORTH THEREIN, DATED AUGUST 2, 1903 AND RCCORDCD AUGUST 4, 1963 AE INSTRUMENT IJO. 83-176601 . 5. DEED DF TRUST for the original amount shown helow, and arty other amounts payahie uritl er the terms thereof. Original Amaur~t: (34,539,800.00 Dated AUGUCT 2, 1983 Recorded, OFf icial Retards: AUGUBT 4, 1583 Series/Instrument No.: 83--176602 Trustor RC LAND COMPANY, A CALIFORNIA FARTNERBHIF' Trustee DONALD M. D[ FRANCCAU% AND JAMES C. LATTA, JR. Eerreficiary: DRG FINANCIAL CORF'DRAT[ON, A MAFYLAND CORPORATION The terms and provisions of the Regulatory Agreement incorporated within, and 'pertaining to Lhe intlebtetlness secured by the foregoing deed of trust, by aril betwee ri the Secretary of Housing and Urban Developn~e nt of Washington D. C, acting by :nd through the Fetleral Housing Conm~issioner and: Developer RC LAND COMPANY, A CALIFORNIA PARTNERSHIP Gated AUGUCT 2, 1903 Recorded, Official kecords: AUGUST 4, 1903 Series/Instrument No.: 83-176603 PAGE 5 0191380 /.2 9 THE EFFCCT OF A PRYMENT LONG EXECUTED EY kC LAND COMPANY, • A CALIFORNIA GENERAL PARTNERSHIP, AS OELIGEE IN THE AMOUNT OF f11,B8L,43S.00, DATCD AUGUST 2, 1963 qND RECOkDED AUGUST 4, 1983 AS INSTRUMENT ND. 83-1:6604. THE EFFCCT OF A PERFORMANCE FOND-DUAL OF.LIGEC, EXECUTED EY THE WILLIAM LYON COMPANY AND RC LAND COMPANY, A CALIFORNIA GENERAL PARTNERSHIP', IN THE AMOUNT OF (11,866,43;..00. DATED AUGUST 2, 1983 AND RECORDED AUGUST 4. 1983 AS iNSTFUMENT ND. 63-17660. THE EFFECT OF q CONSTRUCTION CONTRACT-COST PLUS, EXECUTED P.Y THC WILLIAM LYON COMPANY RS CONTRACTOR AND RC LAND COMPANY, A CALIFORNIA GENERAL PARTNERSHIP, DATED AUGUST =. 1983 AND RECORDED AUGUST 4, 1903 AS INSTRUMENT N0. 83-176600. FINANCING STATEMENT EXECUTED EY RC LAND COMPANY, A CALIFORNIA GENERAL PARTNERSHIP IN FAVOR OF DRG FINANCIAL CORPOkATION RECORDED, OFFICIAL RECORDS AUGUST 4, 1963 AS INSTRUMENT N0. 03-176607 • PAGE 6 0191380 i3' i^ :~ 3 r e x ~~ ---- ~ .: ~ 3 3g~ _ r g~gye :^~. ~ ,,G 4" ° C,~ ~ cJ i ~ C ...) ' ~ 1t ~` .~ is 9 Y z ~a) ! a yN P W N _y 2 i m F O w m m ~`-~ i nyOt YA Ml~ . . LYOV~ V .. Oa c' ~~o ~ ~ ~E ` . a . .- ~. : C, ~ . r xyo ~p y NJ~M n Y 1 Iy 1y_ 1( a C ~ ~~~ ( ~ V ~ 1 1 ~* r z a e P N O ~ z F m W m o• _~ :$d •~ ~o n 3 -i ~i2- t n tl ~j2 ~a ~-~t ~- i2? :^ a i R ^ } ~ L o -~~ ~;~ ~Fi R ~ dt - t: _- i ~ ~ ri~ S u R •~; -i~ __ - __ __ . - ~~nYCLL an ~-_~ i f~ _ ~ ~ (1/'' / ~~ST~ ,vim: ~ ! ~ 1 J ~ ~e I G. • TENTATIVE TRACTS NO. 12832 ~ 12833 ir+ rw• crtv a+ •~ticHO cucueawu~ _ _ -ra~4c~ j ~ f,zo~t '~ ~.'~ WItJIAM LK11Y~~~ ~ ~~~~ ~ ~~ ""-" at 4licto~m ~lUindROws ~ ~ ~=-_ s < ice` -'~>~ „. T S j1 ~ ~ r'~ ~r f \ .=.~ - ~_~ ~ iii ~. ~~I _v-w„~„ ~ ~; f( +`~ 4~ x2 r.. ~ ~~%.- ~ -f .-., ~yII I >F ~ !!! _ _ t ..- ..~~~'."~~~'°-~~ "1~1~' a ~' _ F: .. ~,:1:.,:~~ ~~~ •~ a ___ -_ _ x ~. 1 r ~ ~ i~l i~~ ~ I ~ ~; , ~___-__.' ---~_A ,-1•`('41 ~ i~;,_.p5': it +~~ ~ ,~. .~~ E t i ;r -r_~ ~ ~ i tea.,. ~~ ~° /1,.,,~„f~n. ~ ~ jam. -~.~,~..,eR,.i ~~a-~.w ...w ES '. wAwnHAN SHCnEw ~ APCZYN SM1i Raaw G. wn NSOn C. CRAG EOM1 H APTHA JO GE~SLER Bruce Cook Associate Planner City of Rancho Cucamonga P.O. Hox 807 Rancho Cucamonga, California 91730 uVwBCP OVE C~v ~C Ef Y~ER CIRCLE GOV PT ~. GLOOR a O OOM1 iC59 9RE., CALiGOR NSA 9)622.1059 H~ 99C-C90i TELEPwOYE " .12~)I 69~ -]B~~ August 28, 1985 Re: Pr. oposed model home agreement--William Lyon Company Oear Bruce: Enclosed herewith please find a somewhat "marked up" version of the first draft of the above-referenced acreement which I reviewed and discussed with you by tele- phone yesterday. I do have the following suggested amend- ments and questions regarding the agreement which I hope will be resolved in time for the Council to approve a new draft a week from today: 1. Paragraph 2 of the agreement should be modi- fied so that in the first line the word "substantially" replaces the word "reasonably." I simply feel the word substantially requires greater adherence to the tentative tract map than does the word reasonably. 2. I suggest that the last sentence of paragraphs 3, 4 and 5 be modified by adding the following phrase to each such sentence: "prior to the issuance of building permits for any of the model homes." As I believe you will see, the purpose of this suggested amendment is to tighten up the prerequisites to approving building permits for the model homes. I believe that each of paragraphs 3, 4 and 5 were intended to be prerequisites to the issuance of build- ing permits. If not, please advise. /3T 9ruce Cook August 28, 1985 Page Two 3. As to paragraph 6, I believe the following phrase should be inserted between the words "improvements" and "shall" in the first line of the paragraph: "to be included in the model homes construction." The purpose of this suggested revision simply is to specify which improve- ments are be inq discussed in paragraph 6. There simply is no cross-reference to the project which is the subject of the agreement. 4. As to paragraph 8, I believe substantial work needs to be accomplished to complete it. First, I do not know which improvements are referred to in paragraph 8. I can only assume we are speaking of the public improvements that are going to be required to be put in place when the model homes are constructed. If that is the case, we need to specify that fact, we need to specify the amount of time being afforded to the developer to complete the public improvements and we need to specify that the bond will be in form. and content approved 6y the City Engineer and the • City Attorney. Perhaps you had better discuss a revised paragraph 9 with the representatives of the Lyon Company. S. As to paragraph 9, I question the purpose of the last sentence. Are we saying that the model homes will not 6e occupied for residential purposes until the final map is recorded or that the model homes will not be used for any purpose, even display, before the final map is recorded? Whichever is the correct answer to the last qi•e stion stated in this letter, there needs to be an inser- tion in the last sentence of paragraph 9 indicating what is intended. 6. Paragraph 10 seems to me to 6e ambiguous in several respects. First, I do not know from what date the two-year period specified in paragraph 10 will begin to run. I assume that the two years will begin to run after a build- ing permit is issued for the first model home constructed. If so, that specification should be stated in the first sentence of paragraph 10. Also, I suggest that the word "immediately" be inserted between the words "will" and "be" in the third line of paragraph 10 so as to place a timeline on Lyon's obligation to demolish or remove the homes. Also, the last sentence of paragraph 10 is somewhat perplexing to me. Do we really wish to require demolition of the public • /3~ Bruce Cook August 28, 1985 Page Three improvements as well as all of the model homes if the final map does not record? If that is the case, the sentence is properly written. If not, then security for demolition should be limited to the amount estimated to demolish the houses on Ly. 7. As to paragraph 11, there again is omitted a specification of the point in time when Lyon must meet its obligations stated in paragraph 11. I presume that those obligations must be met before the model homes are used for display or any other purpose. 8. Paragraph 13 should be amended so that the bond being furnished by Lyon is "to the satisfaction of the City Attorney and City Enginee rand to specify that the bond in question and maintenance obligation only applies to public landscaped area "included in the model home project." • 9. Lastly, as to paragraph 14, I suggest the deletion of the phrase commencing after the word "agreement" and concluded before the word "shall." That deletion is suggested because I prefer the entirety of this model home agreement to be recorded in case some successor in interest replaces Lyon on this project. Further, Lyon already has prepared the agreement for recordation and when an agree- ment is not lengthy, there is no reason not to record the entirety of it. I hope that the above comments provide you enough guidance to complete a final form of model home agreement for the next Council meeting. Very truly yours, James L. Markman City Attorney City of Rancho Cucamonga JLM:sjk Encl. /37 AGREEMENT THIS AGREEMENT is made and entered into effective 1981, by and be tveen The Wiil iam Lyon Company ("Lyon"), a California Corporation and the Ci[y of Rancho Cucamonga, a Mun is ipaL corp Drat ion ("City"). RECITALS A. Lyon is the owner of record of certain real prope r[y located in the Cicy ([he "Property"), as described in Exh ibic "A" attached hereto and by this reference made a par[ of hereof. B. Lyon has undertaken subdivision of portions of ehe Property as Te nca[ive Tract No. 12837 ("Tract"), as described in Exhib i[ "A" attached he reco and by this reference made a part hereof. Lyon has obtained approval of Che Te n[a [ive Tract Map 6y the Cicy and proposes to develop this prope r[y in single family re sidencial use. C. Lyon desires co construct the model homes for [he Tract, and associated imp rovemencs, prior to rec orda[fon of [he final subdivision map Ear the Tract. D. The Ci[y wishes to permit such cons[ ruction, provided that the public • health, safely and welfare are no[ adversely affected, and provided chat the Cicy has adequate seta ri[y that [he ultimate subdivision and de. ve Lopme nt of the Tract ~diLL be completed, or [ha[ oche [wise [he property will be restored co its orig inaL condition. NON. THEREFORE, the parties he re[o agree [hoc Lyon may most rue[ [he model homes Eor the Trace, and assoc iaeed improvements, prior [o recordation of the Einal subdivision maps Eoc the Trace, provided the Eol loving tondicions are met: 1. A maximum of five (5) model homes in Te nca [ive Trace 12833 may be constructed prior to final subdivision map recordat ton pursuant [o this agreement. 2. All construction and improvements shall 6e suhstantia llv cons isce nt with [he Tentative Tract Map as approved by the Cicy Planning Commission on February 13, 1985. J. Lyon has provided to the Ci[y PLann ing Division de eai Led site plans indicating e}~e homes and impro vemencs to be con sc rua ed~ int lading streets, parking areas, fencing, landscaping and signs. Such plans are subject to review and approval by the City Planner prior to the issuance of building pe rmies for any of the model homes. 4. Lyon shall provide [o [he City Engineering Division detailed improvement S plans and cost estimates Eor the public improvements Co be construe [e d. Such plans and est ima[es are sub jest cn review and approval by the Ciey Engineer prior [o [he issuance of bail ding permits for any of [he model homes. /3Q i. Lyon has provided Co ehe City Building and Safety Division archicet to ral plans for the model homes. Such plans are subject to review and approval by the Building OFf is ial prior to ehe issuance of build ing pe rmics for any of the model homes. 6. The imp roveme ncs co 6e included in the model homes construction Shall inc Lude construction of streets, and associated landscaping, [o provide a de qua ee access co [he model homes unC1L the remainder of the se reef improvements ,f of [he Tract are comp Lece d. 7. All imp ravemencs for sc reels. gra ~ing, utilities, and drainage shall be constructed to ultimo ce standards as indicated on the proposed final subdivision maps and the proposed Einal engineering plans for the Trace. 8. Lyon shall post bond Eor comp lecion of all public improveme ncs to be performed with [he eonse rucc ion of the model complex. the bond amount will be to [he sa[is[accion of [he City Attorney and Ci[y Engineer. 9. The City sha LL issue building permits and other necessary permits for construction of the homes and improvements, and shall issue notices of completion far the homes when appropriate. However, Lyon warrants and agrees that [here shall be no occupancy of any model home for residential purpose until the Einal subdivision map for the Tract in which i[ is located has been recorded. 'a.7 ' 10. Lyon wa rran[s and agrees that iE the final tSC ~s1.on maQ.for the Tract is not recorded within two (2) years after/ es. 4r I9g3-for the firs[ • model home to he constructed, the mu del homes in said Traa[ will immediate Ly be demolished or removed, and the property restored to i[4 original condie ion a[ Lyon's sole cost. Lyon shall provide se curiCy Ear removal and/or demolition in the sum of [he estimated value of the improvements plus 510,000.00 per house. I1. Lyon shall provide adequate emergency access, Co [he sa[i5faction of the Foothill Fire Protection District, and adequate ES re flow, [o [he satin Eattion of the Cucamonga County Water District. il, ,~,~ ~ " "( 12. Temporary model area fences will be as indicated on the detailed site plans. ALl other walls and Eences uiLl be installed [o permanent standards. 13. Lyon shall perform and bond to [he satisfaction of the CS[y Attorney and City Engineer foc maintenance of all public Landscaped areas lnc laded in [he model home project ant tl formae icn of [he landscape ma incenance organlracion as conditioned on the Tentative Tract Map. l4. Th Es Ag reemenC shall be recorded in [he Official Records of [he County of San Bernardino following Ci[y approval of Agreement. u ~3S -. l5. Promptly after recordation of the final map or re sco ration of the grope rcy under Paragraph 10 of this Agreement, ehe Cicy shall Eu rnish Lyon wick a - Ce rt iE icace (s) of Compiia nc¢ in a Eo rm suitah le Far recording upon request by Lyon. Such Ce r[if is ace of Compliance shall be, and sha lL so state, conclusive dece rmi nation of sac is Ea<t ion of the covenants and conditions required by ch is Agreeme nc, and full compliance with the Ce rms hereof. After issuance of such Cercif ica[e of Compliance, any party [hen owning or the reafcer purchasing, leasing or oc he rwise acquiring any interest in chat par[ of the Property Eor which a Certificate of Compliance has been issued shall not incur any further obLiga rion or liability under this Ag re em¢nc, and shall be thereafter released from any rove nancs, conditions, or rescric lions herein contained. 16. Should any party bring suit to enforce any provision of Chis Ag reemenc or claim arising the reErom, Che successful party in such proceeding shall be enc i[led to recover its costs and reasonable acco rneys' Fees and any ju dgeme nc awarded shall inc Lude same. 17. Time is of the essence of ch is Agreement. 18. This agreement shall bind and inure [o the benefit of the respective heirs, personal re pre sencacive s, successors, and assigns of the parties hereto. IN WITNE 55 WHEREOF, the parties hereto have executed Chis Agreement effective on the day and year firs[ ahov¢ writ ce n. • "City" CITY OF RANCf10 CUCAMONCA A Municipal Corporation ATTEST: By: Ctcy Clerk "Lyon" THE WILLIAM LYON COMPANY A California Car oration ~~ / By: C .._._ Jamee~'F. Ba il,e y~I Vice Pre sip • ~yo TIIF_ LAND REFERFED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, • COUNT`f OF SAN P•ERNARDINO, CITY OF RANCI-00 CUCAMONGA AND IC DESCRIE:ED AS FOLLOWS: F•ARCEL 1: THE EAST i/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SCCTION 32, TOWNSHIP 1 NORTH, kANGE 6 WEST, SAN EERNARDINO EASE AND MERIDIAN. ACCORDING TO GOVERNMENT SURVEY. EXCEPTING THCRCFROM ANY PORTION THEREOF LYING WITHIN THE E:OUNDARIES OF TRACT NO. 12044 AS FER HAP RECORDED IN EOOK 167• F'AGES 70-E^> RECORDS OF SAID COUNTY. ALSD EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE EOUNDARICC OF TRACT N0. 12048 AS F'ER MAF RECORDED IN E:OOK 1S7 PAGES 91-99 RECORDS OF SAID COUNTY ALSO EXCEPTING THEkEFROM ANY PORTION THERCOF LYING WITHIN THE 60UNDAk[ES OF TRRCT NO. 12046 AS FEk MAF kECORDED IN E:001: l6C F'AGC~ 1-7 RECORDS OF SAID COUNTY. TI1E WEST ONE-IiALF OF THE EAST ONE-HALF OF THE EAST ONC-HALF • OF THC NORTHWEST ONE-OURRT[R Of SCCTION 32, TOWN ;HIP 1 tl Of;TH, kANFiE 6 WEST SP,N CERNAFDSNO P.ASE AND MERIDIAN, ACCORDING TO THC OFFICIAL FLAT THCRCOf. EXCEPTING THERCFROM ANY PORTION THEREOF LYING WITHIN THE E:O UNDAk1ES OF TRRCT N0. 12044 CIS FER MAP' RECORDED IN E;OOK 167 PAGES 7H-S9 RECORDS OF SAID COUNTY. ALSO CXCCFTING THEREFROM RNY PORTION THEREOF LYING WITFII t! THE E:OUNDAkiF.S OF TRACT N0. 1204 AS PER MRF' RECORDED IN F:O CK 167 F'A GCS 91-99 RECORDO OF SAID COUNTYq ALSO EXCEPTING ThiEFEFROM RNY PORTION THEREOF LYING WITHIN THE DOUNDARIEO OF TRACT N0. 12045 AS FCR MAP' F:000RDED IN F:O DK 168 F'AGES 1-7 fiECORDS OF SAID COUNTY. PARCEL 3. THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NOR TIIW EST ONC-DlL",RTC Fa OF SECTION 3^-, TOWNSHIP I NOFiTH, RANGF. 6 WEST, OAN EEkNAFiDINO BASE AND MERIDIAN, ._ ACCORDING TU THC OFFICIAL FLAT THERE Of. E XCEF'T R!G THEREFROM ANY PORTION THEREOF LYING WITHIN TIIE E:UUNDAkIC^ OF TRACT N0. 12046 AS F'Ek MAF' RECORDED IN E:U 01; • 160 PAGES 1-7 RECORDS OF SAID COUNT`(. PARCEL 4: PAGE 3 0191380 /Y/ LOTS 1. 2, 3, 4, v, b, 7 AND G, INCLU£IVE, OF ORANGE EMPIRE • ACRES, AS PER MRF RECORDED IN BOOK 20 OF MAPS, PAGE 1, OFFICIAL RECORDS OF SAN EERNARDINO COUNTY. E X~_r TING THEREFROM THAT PORTION OF LOTS 7 AND B LYING WITHIN THE WESTERLY 3's0.00 FEET OF THE EgST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 32, TOWNSHIP 1 NORTH. fiANGE 6 WEST. SAN EEkNARD1N0 EASE AND MERIDIAN, RCCORDING TO THE OFFICIAL PLAT THEREOF. ALSO EXCEPTING THERCFROM ANY PORTION THEREOF LYING WITHIN THE EOUNDARIES OF TRACT N0. 12044 AS FER MAP RECORDED IN E:OOK 167 F'AGES 70-69 RECOR05 OF SAID COUNTYp ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE BOUNDARICS OF TRACT N0. 11934 AS FER MAP' RECORDED IN EOOK 167 PAGES 300-103 RECORDS OF SA10 COUNTY. • s F'AGE 4 OIS3300 /'ll ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE F'fi INTE~ CXCEPTIDNO AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOl1LD E:E AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES, a Lien, riot yet due and payable. For Fiscal Year: 1934-CS TAX INFORMATION TO FOLLOW. A fiECOfiD OF SURVEY RECORDED JANUARY 4, 1933 IN BOOK 47, FADES 60 THROUGH 75, INCLUSIVC, RCCORDS OF SAID COUNTY. AFFECTING FAFCELS 1, 2, 3 AND 4. THE BOUNDARIES ON THE ftECOF.D OF SURVCY ARE [NDENTICAL TU THE 30UNDARIES OF THE CDMEINATIDN OF SUCH PARCELS SHOWN ON THE ALTA SUfi'JEY ON WHICH THIS FOLlCY IS E:ASCG. 3. THE EFFECT OF A NOTICE OF MERGER PURSUANT TO SECTION 1.1104 OF ORDiNANCC 20.6 OF THE CITY OF RANCHO CUCAMONGA AND 66424.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, RCCOfiDCD AUGUST 4, 1903 AS INSTRUMENT N0. 83-176591. REFERENCE IC MADE TD SAID INSTRUMENT FOR OTHER AND FURTHEF--; F'ARTICULFlR&. 4. THE EFFECT OF AN AGREEMENT BY AND BETWEEN RC LAND COMPANY • i:DET FI, A FALIFORNIA GENCnAL PARTNERSHIP' FORMCRLY KNOWN AS RC LANG COMPANY, A CALIFORNIA GENERAL PARTNERSHIP AND RC LA;lD COM Fti.NY, A CALIFD RiJIA GEN[fiAL PARTNERSHIP', CONTAINING C D'JE1lANTS, CONDSTIDNS AND TERMS, AS FULLY SET FORTH THEREIN, GATED AUGUST 2, 1903 AND RGCORDCD AUGUCT 4, iSE3 AS INSTRUMENT ND. 33-176601. 5. DCEG OF TPoUST fur the original amount shown below, and any other anrounts payable under the ternre thereof. Original Artiour,t: 534,539,000.00 Dated c hUGUST 2, 1963 Recorded, Official Records: AUGUST 4, 1533 Ceries/Instrument No.: 33--17560 7rustor RC LAND COMPANY, A CALIFORNIA F•RR7NERSHtP Trustee DONALD M. D[ FRANCEAUX AND JAMES C. LATTA. JR. Beneficiary: DRG FINANCIAL CORPORATION, A MARYLAND CORPORATION The Lerms and provisio n of the Regulatory Agreement incorporated within, and pertaining t.a the indebtedness se[ured Dy ' the foregainy deed of trust, by and between the Secretary of Housing and Urban Development of Washington D. 0. acting .~ by and through the Federal Flouaing Commissioner and: Developer RC LAND COMP f,P!'+, A CALIFORNIA F'ARTNEfi SHIP Dated AUGUST 2, 190.'. Recorded, Dff icial Records: AUGUST 4, ISU3 • Series: Instr ument No.: 33-176f.03 PAGE 5 0191360 /Y3 THE EFFCCT OF A F'AY~iCNT OOND EXECUTED OY RC LAND COMPANY, • R CALIFORNIA GENERAL FAkTNERSHIP, AS OBLIGEE IN THE AMOUNT OF f11,666,g35.00, DATED AUGUST 2, l963 AND RECORDED AUGUST 4, 1933 A5 INSTRUMENT N0. 93-176604. THE EFFCCT OF A PERFORMANCC E:OND-DUAL OELIGEE, EXECUTED E•Y THE WILLIAM LYON COMPANY AND RC LAND COHFANY, A CALIFORNIA GENERAL PARTNERSHIP', IN TFIE AMOUNT OF 511,866,435.00, DATED AUGUST 2, 1983 AND RECORDED AUGUST 4, 1983 A5 INSTRUMENT N0. E3-176605. THE EFFECT OF A CON7TRUCTiON CONTRACT-COGT PLUS, EXECUTED EY THE WILLIAM LYON COMPANY AS CONTRACTOR AND RC LAND COMPANY, A CALIFORNIA GENERAL FRRTNERSHIP, DATED AUGUST ~, 1953 AND RECORDED RUGUST 4, 19Ct3 AS INSTRUMENT N0. 53-176606. FINANCING STATEMENT EXECUTED EY RC LAND COMPANY, A CALIFORNIA GENEkAL F'ARTNERSHIF IN FAVOF OF DRG FINANCIAL COFPORAT ION RECORDED, OFFICIAL FECORDS s AUGUST 4, 1983 AS INSTRUMENT N0. C3-176607 • F'RGE 6 0391360 iyY a, :~ s a 0 a a€ ~ ~: :. ~:, ~m !; ____ ^ ~.. ~ O ~r r.ar xi ~ o 2 F a Vl w N _y 2 A m E H m s 40p Ora •~~ `z" 3~ .. I f... e C . in,,. ~. ~ ~ ~ i •a~ V • a~ r F 3 C X v I ~~~ ~~. pg~E ii 2 F a H n w N O ~ 2 A b, F m m m ,e o- •C~CF 7~ n a w v ~ ,k ~" iyb :; a a e o -~ ~ er ~o R e; 6~ .r~ .:r ; ~ ..r ® R .[i O mil ~$: a S V= 8e a~ .I ~^1~ .O ~r~~ ~~ ~I ~;. ~ b .a~ri'-~t-~ 8 a° 3 e d 7 N O -o ~. , Igo 6 =A 3~ I I f L :NTATIVE TRACTS ).12832 & 12833 iti >r. orv d ww.+cwo euc uworxi~ 7AAA7 I ~ 13P1• ~1~ ~' _ . :~~~ ~-J ^ -_ '~'~•~ ~. ~~.~~, Y .1 _ ~ ._. ~ P ti ~}. 1 ~ ~ ~ .~ ~ ( ~ r ~~l'1 ~ 1 1 ~ ~ ~ T '-'~ -'~~ ~ .` ..1 a9 .v.... ~^yr 1 ._ T ~~~ r r L i 1 ~ -- \ -. _1_ i ~e~ueadoas ~•^-~•~- ® ~ ~-~-.~ ---- ""° atNictoAta~l,UtndAOws - _ %yF CITY OF RANCHO CL'CAbIONGA STAFF REPORT Cat<; pp mast ~f, 19P5 TO: r1~V rCUn Cll dnf C1tV :AB nd r,Pr Frcm: Pi71 uo7lev, ^iracfe [, Community Fervi res pen rtment r, c~ 9 2`~r 3 a; ~ i s ~ ~ ~. ~ ~ z Z .. > 19'7 subject: ApF[O Val of the pe ryl 2a rk Foccar =i old Liah tins Pt rj ect a= Com Flete and Authorize Final Payment (Consent Calendar item Ne. 1 Pa ck cr nand: The Prryl Park Farcer Fie Ld Liah ti nq Project (ACConnt Numher 20-4532-P0071 has been satin tactori ly completed. It is therefore roc nmmended that the Ci tv Council acc apt the project from the rontra ctor, Mathis Zvi ronmental, Inc. as ccmplete, au th er ire Einal payment and direct the Di rectar of Community Services to file a Notice of oempl eticn far the wort. It is also tecommendrd that the Contractor's retention Fe released after raccrdation of the Notice of Ccm pleti on anA their exis tin4 rerforma nce bonA retained for the reauiraA one year maintenance and warren tv period Eor the pro ie ct. There were ne chance crders to tFe rri gina] contract nest of 553,999. oenrm me rda ti ec: TFar rhr ri ty rno ncil: 1. accepts as temple re the ae ryl Park Soccer Fi nld Linh tiny Pr oie ct; and 7. authorizes final pa vment to Mathis Fn vi rnnmerta 1, inc. for rho work; and i. Au therizns the nirector of Community Fervi cos to file a notice of Ccmple tion for the Pr. ryl Park Soccer Field Lighting Project; and 4. Pe la es es the proie ct. ra trnti on after the rertui r.+d 35 day ne ri od af. ter rrcnrdation of the the Moore of CorPlr tion. ivy --- CITY OF RASCHO CCC.4~t0SGA MEMORANDUM August 29, 1985 ~~t__z1l~,t. .` ~ ' ~ _; A, M J-a ~. c ~ z L T0: City Council end City Manager `~~ r FROM: Mark Lorimer, Adminie tre[ive Analyst ll;IU~~ SCRJECT; f • f P '1' t P ~ d S Ae par[ of [he 1985-86 budge[, the City Council eppropt iat ed $20,280 Ear the Eire of No per c-cime persona to meinta in all city offices. Af ter an unaucceuful rat zuitme¢t, staff received proposals frog three companies vho proposed to provide on s contractual bss ie tra part-cime persons with rE ic6 to maintsin our offices. These tvo contract persona reuld provide the sue ser- vice as tvo par c-cime city empl ogees ae previously recd®ended. The Cou¢c it will note the[ since 1980, re have been util ix ing the ecru ices of Valden Dahl Maintenance for routine janitorial cork. With [he expana ion of . office spate and Ghe continuing need [o have one person available ?^ city hall during regal ar off ice hours to at [end to the emergency maintenance problems '~ (i. e. plumbing, air <ond i[ioning, etc.) the need [o re-evel ue[e our cut tent ~ services vee sec ee9ary. Staff col is ited pr oposele Eot janitorial and main[e- j nonce servitee from [hxee individual vendors -- Malden Dahl Ha in tenant e, Servicemaeter, and Har[ell Nil lis. A!1 Chree vendors operate [heir buainee see within Che city. Staff req use tad proposals according to those eervic ee out- ~ lined on exh ib i[ "A" ("Schedule of Janitorial Services' ), TEe lweet moat reepo¢eible bid came from Servic emae[er, a pr aEessianel clean- ing firm. The proposal submitted 6y Servicemaeter ie attached Eoz year refer- ence. Alec attached ie a contract £or pr of eeaiooal eervis ee end the schedule of janit ar ial servitee prepared by staff. Please note [hoc vit6 [he execution of the contract vith Servic emae ter, [he consultant will furnish the follw tng items not part of the prey iaua jnnitor ial contract: * $500,000 generQ pnbl is liability and properq damage ioaorante ' • State required corker's ca~penaation imara¢ce I • Additional janitorial sere ices thronghotlt ell city ofE ices * One ind iridoal ben[y boars per reek to handle emergency probl se sod other ~iee ell aoews ma inte¢a¢ce tuts an a lovet coot than too ld 6e prm ided by other rendots. RECOMMENDATION; Authorize the Mey or to sign and ezetu[e contractual servitee iiAIII 1\ vith Se rv is emaster fox ;anitorial and maintenance services th roughouc city of- f ie ea. , ~r' AGREEMEIGT This Agre aen[ is made and entered into tfi ie day of te[reen the Ci[y of Reecho Cucamonga, a Municipal Corporation (hereinef [et kawn ae "CITY") and (hereinafter knwu es "COPSDLTAPT'). A. Bec itele. (i) CITY has hereof ore e:preued ib ineent to conxrect for pro- feeeicnal ee ry is en with reapec[ to janitorial ecru is e• and maintenance of cicy f acil i[iea located •[ 9320-C, 9330-201, 9330-202, 9330-203, 9330-208, 9340-A-F, 9360-B, 9360-C Baee Line Road, Poncho Cucamonga, those ecru is ee to be performed according [o ezh ib it "A" attached nod by this reference wade a part hereof. ( ii) COPBDLTAPT hu heretofore aubmi[ted ib propoul for the per- formance of •uch aezv ices, • full, true end correct copy of which Droyoeal ie at ached hereto a Bzh ib it "B" and by thin reference made a part hereof. (iii) CITY de •irea [o retain COPBDLTAPT [m perfatf acre is ea aeceasary to nccoapliah the janitorial end maintenance rupoaaib it itie• fcr [he city Ee- tilitiea. • (iv) COPSllLTAPT repr event• Chat i[ is qunl if ied to perform each ser- vi<ee and ie willing to perform each ecru ices •e hereinafter defined. NOW, TN EREFORE, it ie agreed by and between CITY cod CONSULTANT ae follove; B. Agzgaenr, 1, Definition: The Eollw iag definition shell apply tc the Eollwtng term, except where Che con[ezt of Chia Agreaent o[hecr iee req uiree: (e) Servic ee. The completion of those jen itor ial and maintenance r eq uiremente deacr ib ed in Exhibit "A" hereto. 2, COBCDL mT ag re ea a• follwa: (a) CONSULTANT eh all £or [hr ith perform the servic ee in et eordance v ith Exh ib i[ "A" hereto and all in accordance rich Federal, State, and CI'.": e to tutee, regular ions, ord .vane es end guid alines, ell to Ghe reasonable aec:s- faction of CITY. (b) CONSULTANT eh ell, et CONSULTANT'S sole coat and expense, secure end hire such other persons ae may, in the opinion of CONSULTANT, be necessary to comply with Che terms of th ie Agreement. In [he event any such other persona are retiined by CONSULTANT, C0NSULTANT hereby warrants [het. such pars one ah e11 be fully qual iE ied to pert orm ecru ices required hereunder. CONSULTANT further agrees [hat no eubcon tree [or eh all be retained by CONSULTANT r~ Agreement Page 2 u escep[ upov the prior rrit[en apps wal of CITY. All personnel furnished by CONSULTMT shell be employ see of CONSULTANT and CONSULTANT eh all pay all sala- ries end expenses of, end sll fefderal, social sec ur i[y taxes, federal and state uvempl oyment taxes, and avy •imil ar payroll taxes relating to such em- ployees. (c) CONSULTANT shell prw ids proper saf eguard• and shall nesme nll risks incurred in performing i[a service hereunder. (d) CONSULTANT shall be respon•ib le for the direct supervision of its employees through its deaigvated repreaentet ive, evd each represestetive shell, iv turn, be eveileb le at all reawvab le tines Co report and confer ri[h CITY ari [h respect Co eery is ee performed. (e) aerv is ea prw ided by CONSULTMT shall be performed by queli- fi<d, careful end efficient empl ayee• in atr iet covf ormity rith the beet pru tic ea and highut •Gnda:d •, and that npan regveK by CITY, CONSULTANT shall rave frw services hereunder, avy of its asplo7ees mho in the opinion of CITI, are gnil t7 of improper conduct or are vot qualified to perform the •erv is ea herrein. (a) To pay CONSULTANT a mss imm em of for the • perf ormence of the eervicee required hereunder. This em shell ewer [he cosc of s11 eteff time and ell other direct and indirect coats or fees, including the work of empl aye ee, cone ulten[e end aubcovtr ac tore to CONSULTANT. Payment co CONSULTANT, by CITY eh ell be made in accordance with the schedule set forth bet w. (b) Payments to CONSULTANT shell be made by CITY in accordance with [he invoices submitted by CONSULTANT, on a monthly belie, and each invoic ee shell 6e paid rithin a reasonable time after said invoic ee nre received by CITY. All charges shall 6e in accordance vi[6 CONSULTANT'e proposal either v ieh see pest to hourly rates or lmp em emouvt• for ind iv iduel [asks. In no event, hwever, will ea id invoices exceed 95T of individ uel task totals de- scribed in Exhibits "A". (c) Add i[ioval eervicee: Paymevte for add i[ional eery i<es requee[- ed, in writing, by CITY, eh ell be paid on a reimbursement baeie in ec cordance v ith the fee ech edule set forth in pa regraph 3(6), above. Chergee for eddi- tional eervicee shall be invoiced on a monthly beeie and shall be pe id by CITY within a reasonable time of car se id invoices are received by CITY. CONSULTANT shall vat 6e pe id far any aerv ices performed in exc esa of forty (4C) hours e ech work week unless such add itionel hours ere req uee[ed by CITY for addition- al services. CITY acre ea to provide to CONSULTBjiT: (a) Inf osma[ion and ass is [ante as se[ forth in Exhibit "A" hereto. • (b) Such materiels and supplies as may be nee ease ry eo perf otm the service requirements, except for cleaning materials and sup- pL ie s. ~ ~ 1 Ag reemenC Page 3 • 5. Teainatio¢: Th ie Ag re®en[ may be Terminated by CITY upon the giving of a rritten vPOtite of Termiaa [ion" to CONSULTANT at least Eif teen (15) days prior to [be date of [erminetion specified in ea id No[ic e. I¢ [he even[ th ie ag reeeen[ ie eo term ine[ed, CONSULTANT eh all be campenae tad et CONSL`LTANT'e ap- plicable bout ly rates ne eel for t6 in perngreph 3(e) above. In no even[, hw- ever, shell CONSULTANT receive more then the muimum specified in paragraph 3(e), above. CONSULTANT may not [ermimte thi• Agreement except for tau ae. 5, m d D •' [ d A [ [' My ~ d all not is ee, demand e, invoices and rritten comaunicat ions 6e [teen [he parties hereto shell be ad- dressed ae se[ forth i¢ this paragraph 7. The Ci[y Manager, As eie[an[ Ci tv Manager and Adminie [ra [ive Malys[ shell be primarily respo¢e ib le foz [he per- forms¢ce by [he parties under this Agreement. Any ouch no[ic ee, deaande, in- voices end rritten comsm¢ications, by mail, shall be deeed to have been re- ceived by [he addreuee forty-eight (48) haute after deposit thereof in the U- ^ited Sta[ea mail, postage prepaid end properly addressed ss set forth eb ova. ), rneur.e~r; CONSULTANT shall neither cOmmlence rork under this Agrer vent until it bu obtained all insurance required hereunder in • company or coapanie• aceeptab le to CITY aor shall CONSULTANT allw any suhcontrac [or to cosmence rork on • subconcuct until all insurance required of [he subcontrac- tor hne been obtained. CONSOLTANT shall take out and uiauin at all rimes during the [ern of this Agreaenc the Eollw ing pol is ie• of insurance: • (e) No kere' Camoeneacion Ineuranc e: Before beginning vark, CONSULTANT eh ell Earn ieh co CITY a cezcif is ate of insurance for all persona v hom i[ may employ direr tly ar through eubcontzect ors in carrying out the work specified herein, in atcorda nce ri[h the lave of the Slate of California. I^ accordance vi[h [he pr ov ieione of California Leb or Code Section 3700, every employer shall sec are Che payment of compensation [o hie empl oye ea. CONSULTANT prior [o to®enc ing work, eh ell sign end file vi[h CITY a certifica- tion ee follwe: "I am evare o£ the prw is ions of Section 3700 of [he Cel if orn is Labor Code rh ith requires every empl ayer [o be insured agai¢e[ lieb it i[y for rork[ re' compensation or to undertake self insurance in accordance rich the prov isione of [hat code, and I rill tamely rich eu<6 pr ovision• before co®enc ing the per- formance of the rork o£ th ie Agreement." (b) P bl' 1' 6'1't and Proy~y~: Throughout the Berm of eh ie Agreement, et CONSULTANT'[ sole coat and exp [nee, COASULTANT eh all keep, or cause [o be kept, in full forte and effect, for Che mutual benef iC of CITY and CONSULTANT, comer eh eneiv e, br oed Earm, general public liability and automobile in aurance age ins[ claims and lieb it it lee far personal injury, death, or property damage arising from CONSULTAN T's ec [iv itiee, providing protec[icn cf a[ least Five Hundred Th oueand Dallere ($500,000.00) Eor bodily injury or death to say one person or for any one arc ive nt or occurrence end at least Fif- ty 'thou send Dollars ($50,000.00) for property damage. ' (c) feneral Ineur once Aea uiremente: A]1 incur ante required by ex pr see pr ov ieion of this Agreement shall be carried only in responsible iosur- anr.e companies liceaeed to do business in the State of Cal iEorn is end p of is lee required under par agr ephe e.(e) end (6) shall name ee add itionel ~j 3 Agreement Page 4 iveurede CITY, ice elected off ici els, off icere, empl oye ee, end agents. All • pol is iee shall contain language, to the ezCent ob teinab le, [o the effect [hat: (1) the insurer reivcs the rig h[ of eubroga [ion against CITY and CITY'e elected off is isle, off is era, enpl gees, nvd agents; (2) [he pol is iee are primary nvd noncontributing rich any insurance Chet may be carried by CL'"Y; and (3) they cannot be cancelled or materially ebavged ere apt after thirty (30) day •' notice by the insurer to CITY be certified nail. COBSOLTMT shall furnish CITY rich cop iee of all such pal is iee promptly upon recaipe of tha, or certif ica ce evidencing the insurance. COgSOLTMT mty eff etc for ib orn accou¢[ insurance not required under [his Agreement. 8. jydG~-iL14AtiCII: COBSOLTMT shall defend, indeanify and save hornless CITY, ib el e<ted end appointed off is isle, officers, agenb nod espl q ate, Eram all liability from lose, damage or injury to pen ons or property, including the payment by CONBOLTMT of aq and all legal cosh and attorneys' fees, in soy mamer arising out of or incidental [a Che perf orvnee by COIISOLTMS of this Agreseaq including, but not lviced to, all consegaen[ia1 duages, [o Che ma:imm eacev[ permitted by lo. 9. A..igo.avt; l1o usig~mt of this Agrese¢t or of aq part oz obligr ti on of perforu¢ce bezen¢der shall be made, either in rhole or is par[, 67 COgBOLTMT rithou[ [he prior vri[te¢ consent of CITY. 30. Ind en endent Govtracr¢r, The par ti e• hereto agree that COIISOLTMT i^ en independent con[rec [or under this Agreement and shall no[ he construed for any purpose [o be en employee of CITY. • 11. ,overninv Lev: Th ie Agre amen[ shall be gov erved bq and construed in accordance rich the lore of the State of CeliE ornia. 12. Attorney's Feee: In [he event soy legal proceeding ie inetituced to enforce any tetm or provision of the Agreement, the pr avail ivg party in ea id legal proceeding eh ell be entitled to recover attorney e' fees end coece from [he opposing party in an mou¢t determined by the Court [o be reaeonab le. 13. Pntire Agusen[; T'h is Agreement •upere edee any and all ocher agree- ments, either oral or in rriting, betreen the parties rich respect to the sub- ject matter herein. gach pare) eo this Agreement acknowledges that vo repre- eentacion by any party rh ich is not embodied herein nor any other agree•en[, s[ate•enq or promise not contained iv th ie Agreement shall be valid nvd binding. Any mod if icetion of this Agreement shall be effective only iE it ie in rriti¢g signed by all parties. IN NITNESS NNEAEOP, the par [iee hereto have executed this Agreement ae of the deg end year fires ae[ Earch eb ova: CONSULT. ANT CITY /S~! Jon D. Mikels, Mayor • ATTEST: A. C i f.l Exhibit "A" sca®m.a ~ ]e~xmew. smvlcas Off is ee affected: 9320 Unic C 9330 Unit 201, 202, 203 and 20g 9340 Dni[ A, 8, C, D, E and P 9360 Unit B sod C ~I ] •i or'.1 8•rri - Lpty end clean ell roe [e conceivers Located throughout of Eicee, lobby arses, restroome and kitchen areas - Empty end clean ash [r eye throughout all sreae - Duet all furniture (desks, theirs, [ab1eA uclud ing desk tops located iv office areas - Dust and clean coun[en in all lobby areas - Dus[ file cab inete snd bookcases located io all areas - Cl eon and unitise ell restroam features (toilets, ur inQ s, oinks) and class • glass and mirror fixtures - Sreep and remove dirt from herd surface floors - C1 eao sod zef ill ell dispensers (paper [wet, soap, toilet [issue) - Damp clean table tope end chairs located in kitchen sreae - Spot clean Boiled carpets, rind we, herd surface floor e, of E its furniture es oec eeeary - Spot vacuum carpe[ areee ee necessary L1 ]•^:rorid Sars:tea. - Due[ all rindw silts, ledges, door frames, mold toga, shelves, air vents and call corn ere - Clean all inside end outs ids rindw surf ac ee in lobby areee - Damp mop atl herd surface floors - Pacuum alt carpet arena - Dus[ and clean file cabinets and bookcases located throughout offices end 1o66y areas /S~ - Spo[ clean ell door e, vel le avd partitions throughout off is ee, lobby areas, reetrowa nod lunch row areas - Damp cleev furniture pedee [ale and legs throughout offices, lobby green, reetrowa end lunchroom areas - Clean counter tops, rinks, cab mete, smell appliances and rater dispensers located in kitchen arses - Clean and mein twin all floor ma[• located throughout offices, lobby areas, encrancee, reetrowa end kitchen areas - Clean marking board in Adm finis tretiov Conference doom m-t61~ r miteril $erv'a - Clean all inside and onside mi¢da •urf ace• in office area - Clean bus boards throughout all area - Clean pie Cure frau, picture glaze, clocks tnd telephone [hrougha¢C all areas - suet and clean all venetian blinds • - Scrub avd apply finish to e11 be rd surface floors - Vendor [o provide en additional employee on an hourly haein to perform various maintenance, repair and mist elleneoue Ceske as required by City. Haintevence co be perf otmed on a minimum 20-hour per week bee fie, with not l sae then half of those hours be the en regular City office hour e. 'Leeks [o include pa in ti¢g of offices, minor plumbing sod electrical repairs, moving E file cebitle is and oft its furniture, covrd mating clean ing of City veh is lee, install ing cab firsts •nd shelves, replec ing flourescent lights and roiled ceiling panels, minor hetldyvotk and other [asks ee needed. - Vevdor to furnish all tleening equipment, materiels and euppl iee - City to furni ah all paper twele, toilet tie sue, [rash container liners, and soap euppl iee and die penaers - Vendor to provide nark cr's compensation insurance for all empl oy sea utilized in the pe rf o[mance of janitorial and maintenance eervicea - Vendor to provide insurance covering the lose of or damage Co Ci[y proper [v • /SG • ServiceMaster Professional Cleaning August 20, 1985 10392 Hillside Rd. Alta Loma. CA 91701 :'.r. `:ark i,ori-er (714) 989.5044 Administrative Analyst Cib~ of Rancho Cucamonga 9320 9ase line Rd. Rancho Cucar.,onga, CA 91730 Dear ':r. Lorimer, ';:-.an:; you to [he opportun ity to submit Ch is BER VICEJ418TER proposal For cuse ad ial services at the Rancho Cucamonga city offices . rn the following pages you will find detailed exhibits for each segment of Cite :ERCICE'.~U.STLR orc?osa 1 . E,Kk{ISIT TITLE PAGE ;~ TASK SCHEDULE 2 B PRICING ANALY8I5 3 AGREE~NT (2 COPIES) 4 D VACANCY ALLOWANCE 5 E GSRA NAN HOLRB 6 • r lC INDGW WASHING 7 G CARPET CLEANING 9 ..iLe ana lyaing Che maintenance requirements provided by you, several .zh'_c rs ^resented tf~,ecse lees which I have aCtempCed to alleviate. :zu `first •.; as the ee oerae ion of the strictly janitorial duties from [he .:c aural .:a intenance tasks. To re Le five this situation and ensure t'.tat t;te eas ks listed on the TASK SCHIDULE Exhibit A were performed at the ir.te rva is indicated, I propose that two individuals be retained, one e:r the jar.iter_a1 service and one for the general n8 intenance. ieccnd lv +.as the pr ob len of scheduling the required services to minimize [he distraction to oft ice personell. The hours indicated on the routine main- te °.ance schedule would necces irate, in my opinion, an undue amount of stress -, L""a,e oe oo Le fir, [he off ice. In order [o enhance the working envir onr.:ent, :~:y~e5t thaC the strictly jaa it or ial tasks, vacuu^ing, dus[in 3, mcp?ing, ctc, Se done after hm:rs, .f aC all possible. .,;lra l;:, t;le ay tl-e "dln to as ^.Ce 'd OrkeL 'a ill JL nC CCes LCy YCQUlZe same _.... f rE'tc lar '.t: L'6 a35 iS n:lC nt Cn ^.a Lntaln maxlm.LLm. CJs[ etClC fie RC^ ).OC .. .. fir. a - it i :'. tc 'c. rt; at this tine exactly 'chat will 6e requ ire'_ - ; i~rcc !a-, -. e ~^ ,.::cr _, :;cst that a •ueekly cr even daily 1i.a is on be t- .. ,: icc and ~ on;,o be ~-aieca fined ce ceurd ina[e the duties of this indr:- ~a1 'r. this s: a~: -c car. '.tc real crab ly sere a ;<ceping this iad iv id ual s. all t_,~ t ?,crJ.-!ic'inat ing the passibility of slack etc.e. ~ .. ,. _c nod .n ne:a page- ~ ~ Mr. Lorimer City of Rancho Cucamonga • ServiceMaster Professional Cleaning 10392 Hillside Rd. Alta Loma, CA 91701 (714) 989.5044 Fourthly, you indicate that you would like someone [o coordinate pest control at your location. I am informed by the San Bernardino County Agriculture Biologist that as a janit oriel service I am not legally entitled to perform such a task. I believe [het an individual who is employed by the City of Rancho Cucamonga would be permitted to perform this Function, but I would not be able to receive a fee for such a service. Lastly, I am of the opinion that vehicle maintenance would 6e best left to a qualified auto mechanic, possibly a local, licensed gnrage, until such time that the city flee[ is of a sufficient size to warrant the hiring of a full-time vehicle maintenance staff. IC !a my sincere hope that these comoien[s will be of some henefit in evaluating the services required by the city at this time, and will help [o qualify the proposal [ha[ this office has submitted. S inde~(J~/A Milton J. Phelps S ERVICEwASTER FRGFE55I0:1AL CLFAMI:IG / .~ 4 TASK SCHEDULE II EXH IBIT A CONTRICT SEpVICES _ _ _ Aa~pC .'. .._ -C .C ~~,,_._E._ _ ' _ _._ 9320 (C ~ ~~. City of Rancho Cucamonga , _ ___-.. 9330 (201,202,203,208) -- ---'=» 9320 Baaellne Rd. __ _ 9340 (A-F) .-~ Rancho Cucamonga ~-~-_ ~ g1 T30 9360 L8 6 C) Hr• Hark Lorimer _ - August 20, 1985 a _ _ - Regular Services ~ a . 1. OENERgL. VRIVq TE OFFlCES. ~ ~ ~ ~ ~ LOaaY, LOUNGE c - + . i _ , { __~_ - - x -_~ - ~. --__-_ x x . e OuSTeu E+eOSE::-•A .i tie-.. E eNELVEF -' - •~ - ~ ~ ~ __~_- ----- ._.-.- x - WST eLL'E-E<nC4c5 ._ - __- - _____ _ ._ .~ x - 6CLEANeNO SAN^~:ET=a. -.,:; . ~ ~ ' - _ : ~. __ x _~ClEE4ANCS,v',: -~.,r4,: - _~ i --[.i _5 x G '- . ~ ~ . .__ _ .__. x ... ... t0 SoL-:.-_, .can- -.. :GOO i4J n,.~- - =u-- '_ - - ____ _ ___. - , . x --- x --- - x . If ous V. _ X _ _ -s, _ . .-, .. x x ~e ..N:,,c. - -- x •, ,: - •Dnak topa no[ to be touched, g •per oral instructions. .. ' ~ s- S sWr C Regulx Services. - __ n ___ _. CIFAN LLL OIASS AHD MIPPOgS X ? NIT' ALL CONTMNERS ANO pISPDSALS. ~NSEP! LMEPS AS ~ REOINRFp SIOi CLEAN ANO 5INIT12E CONTAiNEA X ~ ' + EWry ANO SANITISE iNiEP10R Of SANIiAPY „1^+MER I ~ x I 1. SIOt CLEAN gL WALLS.DOORS+NO RAPTa',ONS ~ ~' E. S1MEP, OAYP MOP +Np SANrtgE n1R0I100R x 1 IQ t1. 1]. ~~ R~~EE~~Ix Services. "i" III. EATING "REAR ~ °"FETE"'" ~ LUNCHROOM _ DINING ROOM - _ VENana 'Y CAfETERI/L G ' t pAMP CLEAN ANO EAN~r4E hOLE •J^5 SEArS+NO B+OKE W CHAIRS - --- -- X ~ I DAMP CLEAR OE]ES'+LS JP cog X Z. CLEAN. P0U5n ANO RE~wI N+PR Y +OLOERS I x _ -~ f EMPTY 1Np DAMP DEAN ASN iPAVg X ` S EMRTV ALL GOYLhERS+YO SBPOS+LS NASn ANO ~ SMpRE EL•O~~]ef •.rER~OP :BALL CONTAYEPS -.-~ . $ . ----_ __ __. _ E CLFAN ANp SAY'•2E :R Y•~°L'•"+~. X Pu0 urES .ES :~+.~i .. ,'.-._-_ X _ E LOW ]U5T 3E_:M1 is a ] - a _ .. .. ;.: ' -- X - ...__. +o -- - • n - -'- - LE - - --- V 0 ~ ~ 2 .Sr mice Li i.r 1 r w Fioors Rauerr,EEw ]wo i ~ - ~ _ e 1 sroTpeMP woo LONCR AOOI1 R I ] $I1INY WFF OPEN SPELS I ._~ INCIUgNG NNEENOLES Of " j OESNf. ~ I ]. SCPDS TO PEYOVE SCUFFS ' NEEI Y.ENI(S. PEfINISN TO LBECEPTIUR eAFe R { ~__ ` MAINTSIN PSOTECTIVE COST LUNGE EOOM R ~- _ " _~_ Nn JNn moat ,AECEPIION AREA ! A ~ ~ ~ 9TI11P CLfJN NEfINISN NNO LONCH ROQ~ R Y EGNmE PouSN ___ - ~" __ I , + ~ _ _ T _ ~~_ ., ~ '. __- T_ { I I .. I Y. 4 • ~t7111Wws. •If TMIE SEIIVICE 16 E[DIIFSTEO. IT WILL EE MICED $fPSPSTELY FPOY JSNRW.EL PSCIf1DE 1 CIESN E%T OULSIOE p==iCE PLNM' X R ~~ ~ ==cE X - X 1 -- - ] CLESN E%i NE~pE PUN' +-~ ^ ] I I _ Plant or Factory Areas. DOES NOI APPLY 1 MICNINE WLUUM SWEEP E. BPOOM fwEEP l p%MP 4:P ~ -- 1 MgwME SLP~g _.._-_... a E - General ~ ' ' ( ;~ . - , ~ F s' ~d' h ; t NOTiiv BNLOiNG CCN-+C- )° .N. JBSE°reJ ~a°EJ..+° TiEO JE JECEC'vE a. ,r'BiN] JC•-:' ] 5 '-- -`- LEFTON ~NVENTO°~°E ).. '- - ~ -- - - _ V V X 3 TURN OFF AV-'uGnrS E+CE°' ':`E': 3E .E '• .:SE _ WINDOWa ANO .OCA a, ]GCRS °° - _.+..+ ,,., „- ' " ~ x ~c.^. eartolNC Ta swuR~•. oacAN _ ___ _._. _ _ _ .. _._ ____ ] COSTOMEP aERViCE ViSP x . iORMAL CUSTOMER REVIEW R S _-_ t v .__-- __. -____ - e Miscdl~neous services. t Provide daytime person to perform Light maLnteTVnce duties and aesise % In g.n ..1 hn,~__~_..4..n1no _taalLa- . z Provide carpet cieaning on s semi- annual bsais .* -- - ~` *see attached ~xh ib it G „carpet cleaning • Mr, Hark Lorimer City of Rancho Cucamonga E}LYIBIT B August 20, 1985 PRICING ANALYSIS The incremental costs of housekeeping, seniCat ion services, floor maintenance, carpe[ cleaning, a¢d daily maintenance Se as fol lope: ITEM MONTHLY BILLING ANNUAL BILLL"]G Thorough contract cleaning as Der attached Exhibit A, TASK SCt~DU[E $846.00 $10,152.00 Daily maintenance person $780.00 $ 9,360.00 Carpet Clea¢Sng as pez $840.00 $ 1,680.00 attached Exhibit G aemL-annually li1¢dw vashing as per 90.00 1080.00 Exhibit P $17 6.00 $22,2)2.00 NOTES: 1)pb ova billing based on five (5) day per week service, Monday through Friday, 2) Mein[emnce pets onell cost based on thirty (30) hours per week minimum, see attached Exhibit E, Extra Man Aours. 3) Billing based on 14,873 square feet of cleanable arcs broken down as follwa: 14000 sq, ft. carpet, 873 sq. Et. resilient floor covering. 4) All cleaning equipment and supplies provided by ServlceMaster Profess is Cleaning. However, expendable items such as hand soap, toilet tissue, etc, to be provided by City of Rancho Cucamonga. 5) The above bllli¢g price will be in effect until January 20, 1986 SERVICE.MASTER ?AOFESS IONAL CLEANLYG SAGE 3 /G3 EXRIBTT D Mr. Lorimer City of Rancho Cucamonga August 20, 1985 • VACANCY AI.I.ONANCE SERVICEMASTER PROFESSIONAL CLEANING recagttEzes that from time to time vacamciea from or additions to the area of the offices of the City of Rancho Cucamonga may actor. For Che convenience of Che CLient, SERVICEMASTER viii debit or credit [he monthly invoice for the area added Co or vacated from on a per square foot basis Sn multiples of 1000 square feet per month at the fo11oa1ng rate: VACANCIES YER MONTH ..0484 credit ~-, N ~~, ADDITIONAL SPACE PER MOttfH .0484 debit ' • SERVICEMASTER YROPESS IONAL CLEANING PAGE 5 • /bv EXNIBTT E Mr. Mark Lorimer August 20, 1905 City of Rancho Cucamonga EXTRA MAN HOURS Form Cime Co time it may be [o the Convenience of Che Client to use SERVICEMASTER personell to perform tasks which are no[ a part of the regular schedule, These tanks may be of a pro]ecC type nature and involve more time than is allowed is the normal work week. Depending on the sveilabil ity of menpwer, ServiceMea ter Professional C1eaning will supply extra labor man hoots according Co a formula which takes rrv labor, payroll taxes, Insurance, end a madeat fee for ServlceMaster's adminietuclve eapeaee into account. . Additional Regular Nours ~ Regular pay rate x 1,5 Additional Overtime Hours ~ Regular pay rate x 2 Any additional hours will be billed separately from the monthly invoice as ie oceura. S$R9ICBlfASTER PROFESSIONAL CLEANING PAGE 6 0 /; S EXFIIBIT P Nr. Nark Lorimer • City of Rancho Cucamonga Acgust 20, 1985 WILLVOt.' WASHING BEAVICEMASTER PROFESSIONAL CLEANING will provide window washing on the ached ule indicated below: Once per month, twelve times per year, exterior snd interior windows will be washed. Tne windows in the lobby areas aad entrances will be spot cleaned once ner week. SERVICEMASTEA PROFESSIONAL CLEANING will invoice the City of Rancho Cucamonga each month for 1/12 of the Cotal annual charge at • rate of of $90_00 per moth; $1080.00 per year SERVICEMASTER PROFESSIONAL CLEANING PAGE 7 r 1 U ~~i EXkiIS1T G fir. }!ark Lorimer City of Rancho Cucamonga Aug use 20, 1985 CARPES CLEANING Carpet vill 'oe cleaned thox oughly evice a year. Us us LLy one cleaning viii be done after the rainy season, in Che Spring, and the senond in the early Autumn. The cost of the service vill be per service and invoiced at the time of the cleaning. 14,000 square feet carpet @ .06 per foot per service ~ $840.00 This price includes nll equipment and chemica la. SecviceMaater Profesalsorl ~' Cleaning will schedule the cleaning at Che Client's convenience to minlalse . the disruption of office routine. PAGE 8 /G ~ CONTRACT SERVICES • --~ AGREEMENT -- AGRffh1EfYT made this 21st day of Augus[ , I9 95 , by and between ServiceMaster Professiottal Cleaning _ (hereinafter called "Servic¢Masler", and City of Rancho Cucamonga Ihereinaher called "CLIP NT^ Whereas, ServiceMaster maintains a commercial and institufonal Contract Cleaning Serve rn a continuing Wsis: Whereas, CLIENT desires ServiceMaster to supply such cleaning services to its property located at 9320,9330, 9340, 9360 (hercina(ter called the area to 6e servicedl. Baseline Bd. Banchn Cucamonga, CA 91730 NOW TH6tEFORE, the parties hereto agree as follows: . 1 Beginning on Sene. 1 I q 85 $erviceMas[er will provide and pedorm for the CLIENT the services described in the "cask Schedule" attached hereto and made a part hereof, m the buildings and areas to be serv ¢ed therein set ronh. Z All personnel furnished by ServceMaster will be employees of ServiceMaster, and ServiceMaster will pay all salaries and expenses of, and all federal, sonal security taxes, federal and state unemplov~ ment razes, and any similar payroll lazes relating to such employees, and will carry workmen's <om~ pensation insurance (or such employees. ServiceMaster will b'e considered for all purposes hereunder an independent contractor, and it wit! not at any hme directly or indirectly act as an agent, servant or employee of the CLIENT, or make any commitments or incur any babdilies on behalf of the CIIFNT without its express written consent. ( ServiceMaster will provide all proper safeguards and shall assume all risks incurred in performing m v services hereunder, 4 SemceMasler shall provide the insurance coverage set forth below, and deliver to CLIENT tern' cares of insurance upon request a. Comprehe^sne General Liabdrtv Boddv In7urv Liabditr 5200,000.00 per cerson and Si00.0000U per occurrence. Property Damage LiabJitV, 523,000 00 per occurrence and ESU,000 UO aggregate 6, It crkmen r C~,mprrnauon Cnserage-iraturon Emploter. LmhiLh bI0Q.U00 UU " A • 5 Without limning the responsibility o1 $ervrce4fa<ter for the proper conduct of rts personnel and •/ the cleaning o(the areas !o be senieed hereunder the conduct of the cleaning personnel hereunder is m be gwded by rules and regulatrons as agreed upon from time to nine between the CLIENT and $erv~ceMaster, and such additional speaal written instructions as may be issued 6y CLIENT to ServiceMaster from time to time through rts designated agent. 6 ServceMaster is responsible for the direct supervision of its personnel through Rs designated rep- resentative, and such representa!rve will, m turn, be available at all reasonable times to report and confer with the designated agents of the CLIENT with respect to services rendered. 1 ServiceMaster agrees that the leaning services to be provided hereunder shall be performed by qua6 (ied, careful and efficient employees in stnct conformity with the best practices and highest appLP able standards ServiceMaster further agrees that upon request of CLIENT, it will remove knm services hereunder„ anv of rts employees who m the opmwn of CLIENT, are guilty of improper tom duct or are not qualdied to perform the work assigned to them. g It shall be understood and agreed that during the term of this agreement and for ninety 1901 davs thereafter the CLIENT will not, directly or indirectly, hire any person employed by Serv¢eMaster q In exchange for performance of services hereunder the CLIENT shall make payment to Service- Master for services rendered hereunder at the rate of f 1716-00 per month. First billing wtfl be made on the first day of services and will be payable in 1a days. Subsequent billings and due dates will 6e monthly. ServiceMaster will give the CLIENT at least Ihirry 130) days nobce of eny • price change for services rendered hereunder and the CLIENT will notify ServiceMaster of any changes in the use of the areas covered by this agreement and any additions to or changes m the furnishings or floor, wall or <eihng surfaces Imming a part of the CLIENT'S premises. 10 ServaeMaster will perform all semces required hereunder, except when prevented by stoke, lock out, act of God. accident or other circumstances beyond its control. 1 ~ This agreement shall continue in effect from the date services are to begin, but may be terminated by either party 6y giving thirty 1301 days written notice by certified or registered mail addressed to the other parry. This agreement may be executed in any number of counterparts, and together with the attached Task Schedules contains all of the covenants and agreements between said games with respect to me sublea matter of this agreement. IN WITNESS WHEREOF, parses have caused Ihis agreement to be executed as of the date brst ahn~e w rilten. Represenla the By' cerviceMaster Representative .. ~ • ,r< ,~ ,.,, <aa,in e., n<^ra~ ~m cam,ieaoi Corar,en~ ;E~ . OflDTNANCE N0. 27? AN ORDINANCE OF 1'~?E CITT COUNCIL OF THE CITY OF RANr, 90 CUC AMONGA, CALIFOflNIA, APPROVING DEVELOPMENT CODE AMENDMENT 85-02, AMENDING TITLE 17, SECTION 1?.04,050D OF THE MUNICIPAL CODE, IN RELATION TO OFF-SITE PARKING The City Counci'_ of `.he City of Rancho Cucamonga, Californ la, does ordain as folloxs: SECTION 1: The following Section Ss hereby added :o Section 17,O4,OSOD, Off-site Parking Lots, to read as folloxs: Off-Site Parking: The City Planner may authorize a maximum twen`.y-fl ve (25) percent of the required parking for a use to be located on a contiguous site, not more than 300 feet from the building entrance on the site for the use for which such parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. The CL`y Planner shall require an agreement to ensure utility, availabill`.y, and ma Sntenance of ~o Snt us= of off-site parking facSlities. • SECTION 2: The Mayor shall sign this Ordinance and the Clty Clerk shall cause the sam= :o be published xi`,hin fif t=en (15) days af`.er 1`s passage at least once, in The Daily Report, a newspaper of general circula `. ion pub llshed in `.he CS`.y of On`ario, California, and circula:=d Sn the Ci`.y of Rancho Cucamonga, California. PASSED, .4PPRCVED, and ADOPTED `.his day of 19$5, /~~ ORDNANCE N0. 272 AN ORDINANCE OF TH6 CITY COUNCIL OF THE CITY OF RANCHC CUC AMONGA, CALIFORNIA, APPROVING INDUSTAI AL AREA GPECIFIC PLAN AMENDMENT 85-02, AMENDING THE INDUSTRIAL AREA SPECIFIC PLAN REGRADING PARKING STANDARDS FOR RESEARCH 4 DEVELOoMENT AND DELINEATING INTERIOR BUILDING AREAS THAT CAN BE DEDUCTED FflOM PARKING REOU iPENtENTS. WHEREAS, the Planning Commission held a duly advertised public h=acing on July 24, 1985, in order to consider amend Sng `.he Sodas slal Ar°a Sp=^_i."ic Plan; and, WHEREAS, `.h9 Planning Commission did recommend amending `.hs Industrial Area Specific Plan `.o provide for a parking ratio for r?sear^_h and dev°lopment uses and deduc`.ible areas from parking requirements; and WHEREAS, the City Council held a duly advertised public hearing in order :o consider amending `-he Industrial Area Sp<c if lc Plan. NOW, THEREFORE, AE IT RESOLVED, that the C1*.y Counc ll of `.he City o£ Rancho Cucamonga does hereby amend :he Industrial Area Specific Plan as fO1TON3: SECTION 1: That Park III, Table IIT-2 (Page IIT-b), Land Use Types Deflni dons, b= amended to define Research and Development and two subca :egories: • 1. R=search and Developmen`.: Uses engaged in the research, d°sign, analysis, d°v°lopmen`., and/or `.°sting of a product. 2. Res°aroh k Developm°nt/Office: Ac `. Svit i°s typ lcally include, but not limited *.o; 6ullding/use types resembling office more than research and developmen`. fac it L`. Ses, such as labs, acous`.ica1 ohambers, mi^_rowave `.es`.Sng chambar, wind tuMels, circa l`, hoard assembly rooms, "cl°an rooms", and computer facil i`.ies. Such uses ar° `.yplcally 1°ss Sntense than pure office, but more intense `.han `.radi`.ional industrial space. Th° uses do a_'. produce odors, no is°, vibration, or part Scala*.es which would adv°rsely affeo`. uses Sn the same s`-ructure or on the same site. Wh°r° 20 houra on-s 1`.e surveillanc° Ss n°cessary, a caretaker's residence may be p°ra1`.t°d wh°n approv°d by a Cond itionai use 2erm1`.. 3. P°s°aah & ~°v° cp;°n `,/L!gh`, Manufac`.uring: Ac ti vi`.+.°s .ypical-,/ :no:ud°, 6'J`. nn`, limt`,°d to: "high-`.eoh° production an" a_. hty op°ra `.ions 'dh ic'n in3l~~ade 9om° R & D anc offi^° 3pa~°°m 'produc`, assemD iY rooms" and c`,h°r .facill `.+.°s assnc to `,°d with 'nigh `.°chno :o gy mam~f3^_`.ur±ng. Th° us°s do mt produc° odors, noise, vibration, or par`.iCUi3 `..° wh:^.h w0~1:1 3d'J°C9°:Y a°°°~t 'J9°3 !n `.~l° 9am° 3: rUC`,Ure 7^ Oh `h° 9am° 31. :?. ~XTI°re 24 'q OJr9 on-31`U 9nrVe1llan^.° :3 n°nn 33ary, 3 ^.are':3 K°.^'3 re31i°no° may t° p°rm t`. `.°d wh°n approv°d by a Sond'.t Una' Us° Permi ~. /7/ SECTION 2: Tha`. Par`, III, Table III-1 (nags .II-$), summary of land us= type by Subarea, b? amended `.n include r=sear^_h and d=v~looa=:`, us=s in the Indus`s ial Park and Gen=rat Indus`,r'_ai ^_a `, egor les as follows: R & D/Office Perml `. `.ed Subareas Conditional Use Subareas - 6 and 7, 12, 16 - ~, 3, 4, 8, 11, 13, 14 R & D/Light Nanufacturirg Permitted Subareas - t-8, 10-14, and 16 SECTION 3: That Sec`. ion E.3 Parking Spaces Required (pegs III-29) be amended `,o add Subsec`. ion e, as follows: .. Research & Development: 1 space per 350 Square F=^`. SECTION 4: That Section E.3. Parking Spaces Required (page IZL-29) be amended to add Subsection f as follows; f. Following Snterior building areas can 6e deducted from `.he overall parking requirements: electrical/mechanical rooms, eleva*.or shafts, stairwells, and mul*.i-story lobbies. BE IT FURiHEA AESOLYED, that the City Counn it finds *.hat this amendment will not cause significant adverse impacts upon `.he environment and Issues a Negative C=^_larat ion for `.his amendmen:. SEC TiON 5: Th= Mayor shall sign this Ordinances and `.ham Clty C1=rk shat. .^.aus= `.he same to be published wi`.hin £if `.een (157 days af`.er i`,a passage at leas`, once in The Dally Re por`., a n=wspaper of general ^_troula`,ion pub llshed Sn the City of "vn`.arlo, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVEC, and ADOPTED `-his day of 1985. • / ~ 2- J ---- ~- -----.~-.., .,~............... <<..~.,I~ STAFF REPORT ~~°y'~'~9 Y` f A.\ ~~~ I'1? ~ DATE: September 4, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, Community Development Director BY: Nancy Fong, Assistant Planner SUBJECT: APPEAL OF PLANNING COMMISSION MODIFICATION OF THE ONDITI NS OF APPROVAL F R CONDITIONAL U E P~ MIT 9-03 - BOARS HEAD ABSTRACT: The app iicant is requesting that the conditions of limiting the hours of operation and the elimination of the live entertainment use for CUP 78- 03 as modified by the Planning Commission, 6e amended. BACKGROUND: On May 22, 1985, the Planning Commission held a public hearing for the annual review of this CUP. Based on public input over the concerns of hours of operation and inadequacy of parking spaces, the Planning Commission directed Staff to study such concerns and continued this item. At its regular meeting of July 10, 1985, the Planning Commission held a public hearing and determined that there is a need to modify the Conditions of Approval for this CUP as follows: 1. limit current operating hours of 11:00 a.m. to 2:00 a.m. to 11:00 a.m, to 11:00 p.m. 2. Eliminate the previously approved entertainment use in con,{unction with this restaurant. Attached for your review are the July 10, 1985 Planning Commission staff report and minutes, and May 22, 1985 Planning Commission minutes which fully outline the issues and alternatives the Commission considered in their modification to the Conditions of Approval for CUP 78-03. /7~ CITY CCU~'ICA STAFF REPORT CDP 73-03 - BOARS HEAD September 4, 1985 Page 2 f~ RECOMMENOAT[ON: The Planning Commission recommends to the City Council the modification of CUP 78-03 by: (1) limiting the hours of operation from 11:00 a.m, to 11:00 p.m.; and (2) eliminating the entertainment use in conjunction with this restaurant. tted, Jack Lam -rr -- Community Development Director JL:NF:ko Attachments: Appeal Letter from Applicant dated August 2, 1985 July 24, 1985 Planning Commission Staff Report Planning Commission Resolution of Approval with Modifications Ju 1y 10, 1985 Planning Commission Staff Report May 22, 1985 Planning Commission Staff Report 6 Minutes • Exhibit "A" -Site Plan Exhibit "B" -Floor Plan /~Y • ~ ~ ~-~ August 2, 1985 City of Rancho Cucamonga Attn: Beverly Authelet-City Clerk P.O. Box 307 Rancho Cucamonga, CA. 91730 Re: CUP 78-03/Boar's Head Bar and Grill Dear Mrs. Authelet: Enclosed you wi 11 find a copy of my receipt, indicating payment of the appeal fee for decisions made by the Planning Commission on July 23, 1985. Also enclosed is a cony of my letter sutmitted to the Planning Commission on Ju 1y 23, 1985 expressing my concerns over our conditional use permit and the decisions made by the Commission. The main reason I feel that their decision regarding our hours of operation is un,j ustified is that there are no other restaurants in our immediate area that are required to close at 11:00 o.m, every night. In addition to the restaurants listed in my letter of July 23, 1985, I have done an additional survey and found that the Pizza Hut located at 6709 Carnelian Street remains open until 1:00 a.m. on Friday and Saturday nights. They do close at 11:00 p.m. the rest of the week. The Del Taco restaurant located at the south end of the same shopping center (Alpha Beta) is allowed to stay open until midnight every night for their drive-th ru. The walk-in portion of the restaurant closes at 11:00 p. m. If these restaurants I've checked into (Bob's Big Boy, Straw Hat Pizza, Del Taco and Pizza Hut; are allowed extended business hours past 11:00 p.m., on what grounds has the City reduced our operating hours for the Boar's Head? The Del Taco and Pizza Hut establishments back right up to residential homes, and yet they are allowed to remain open later than the Boar's Head. I also want the City Council to reconsider the matter of entertainment at the Boar's Head. I have discussed this issue in my attached letter. Your prompt attention to our appeal fs greatly appreciated. Sic ely~ // ^~ 1 R.~ .ArC age ~ Vice Pre ~i dent ~ ~ Boar's Head Bar-and Grill RLA/lb " Enclosures cc: Ronald Beck, Attorney James Barcena, Jr. 8dar'a lieaL I 1758 wEei FOOT»lu O PLA N O. CALIF 91799 71 ~.99L19 to R~e';17i'~ CITY OF RANCHO CUCAalOiiCA ADN~I Pl~STn -.iICN AUG ° 1985 AM PM at Law 7i8i91101llIL111213141516 /7> 8aar'a iienD III l5rneral l9fflre 8610 CARNELIAN 1A6 NO IN OIAN »I LL BLVO RANCHO Cl1CAMONG A. CALIF 91]01 CLAREMONT CALIF 91]11 71 s~999~997J 71 b9b~9W 7 July 23, 1985 RancF.o Cucamonga Planning Cormiission P.O. Box 807 Rancho Cucamonga, CA. 91730 Re: COp 78-03/Boar's Read Bar and Cr i11 1.'Ea_ _.__]J i7n ..c~.bara. In response to some decisions that were made at the last planning tom fission aeec ing held on July 10, 1985, we feel the following issues need co be discussed a[ the upcoming meeting to be held on July 24, 1965. 1) ENTERTAI~'P'J:.\1': Youz decision at the lase meeting vas that [he Hoar's Head vould not be alloved to have entertainment. Nhen [his matter vas Drought forth before [he commission, [his decision was made by Mr. McVeil. There vas no discussion or opposition by any of the board members. What is the boards def Snot ion of enterta inaen[? Do you mean VU radio, VO cel ev is ion, 50 dart boards? fib you mean MO encerta inment as we previously had (live *and s)? __iI) CLOS I\C BOL'RS CHANGcD TO 11:00 D.m.: Ac the last meeting, the members decided to revise our closing hours to 11:00 p,m. for every night of the week. Since the reopening of our business in Pay o£ [his year, ve have not Fad a~ complaints from ne Sghbors. It should be evident to you that 1n view of the fact that there wasn't any opposition (Mt. Gorgen or neighbors) at Che puhllc hearing held on July lOCh, chat we have to ilored our operation more in line v£th the common SCy and the neighboring restaurants. In face, I personally contacted ivo surrounding neighbors last veek, and they were not even aware [hoc the Boar's Nead had reopened. Take a look at the Cvo restaurants located in our immediate area; spec if!ca_ly, Bob's Big Boy and Pizza Chalet. Bob's stays open until 1:00 a.a. Mond a~: through Thursday and unCi'_ 2:00 a.a. on Friday and Saturday night;. The Pizza Chalet stays open until 1:00 a.m. every night. I you ld certa in ing say that our business parallels with bock of [he se es[ablishW.en t;. On what grounds :mve you based your decision to cut out hours back Co 11:00 p.m? • y7G ~a9~ a ?Stab ~ ~08r•6 ~(ta t) F^ (TltR tfeF (7)f{Ict tab WEST FOO7HIl'. 6670 CAPN ELIAN 716 NO INDIAN HILL BLVn UPLAND, CALIF 91786 RANCHO CUCAMONGA, CALIF, 91701 CLA REMONT, CALIF 91]n 7u961~181B 71 b969897J 7 1162 6960 7 • Page two R3RCh0 C'uc dca f.gd ,clan.^. 1.^.y COCr115510R July 23, 1995 Re: CGp 78-03 /B02Y's Read Bar and Grill Also, in your Plann Sng CommisslCn Staff Repozt dated July 10, 1985, you made an erroneous slat ement regard ing our or ig lnal CLR. You stated that the original approval for our GIIP limit en our hours of operation from 11:00 a.m. to 1L•00 p.m. However, our ORIGINAL CIiP lists our hours of operation from iI:00 a.m. [0 2:00 a.m. You attempted to reduce mur 6usin ess hours to 11:00 p.m. in 1983, but with Che assistance of our attorney, the City overruled your decision and ve vere alloved [o continue opera[ ing until 2:00 a.m. • I feel that the commission has NOY done their homework. Their minds vere already made up on these issues, even before the meeting vas tal led to order. I must commend your former planner, Addle Juarez...at least she checked into issues, she got opinions and she conducted surveys with the neighboring community. You have done noching excepc sit up there and pass aio^.g decSS ions which are not based upon fact or perf oraance. One last point, a[ the meeting held on July 10th, I was not allowed any rebuttal cime at Che public hearing. I hope [ha[ this will not be [he case a[ the July 24th meeting and I [nsr [hat we can have an open forum to discuss the matters ac hand. Your prompt attention and response to our request Ss appreciated. S incezely, BOAR'S NERD BAR AND CRZLL By: ; R. L. rc ag Vice presid enc cc: Janes 8arc ena, Jr. Ronald Beck RLA/1S ilder'6 3ieaL I 1456 WEST FOOT MILL UPlANO, CA LIF 91786 714%11816 /77 i09er's 31eaa III 6619 CARNELIAN RANCHO CUCAMONGA. CALIF. 91701 )t t•%P60.t] 6rneral (9fltu p16 NO IN OIAN HILL BLVD. CUREMONT, CALIF 91711 7u-0Y/.%77 ~~ ~ RESOL CTION N0. 83-117-A A RESOL'JTIOY OF THE PLANK ItIG COMMISSION OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT 78-03 FOR THE BAR AND ENTERTAINMENT FACILITIES WITHIN THE BOARS HEAD ESTABLISHMENT LOCATED IN THE RAtiCHO PLAZA, AT THE NORTHWEST COR`lER OF 19TH STREET AND CARNELIAN WHEREAS, on the 10th day of July, 1985, the Planning Commission determined a need to modify Conditional Use Permit 78-03; and, WHEREAS, on the 10th day of July, 1985, the Planning Commission held a public hearing to consider the above item. NO'W, THEREFORE, BE IT RESOLVED, that the Planning Cononission of the City of Rancho Cucamonga resolves as follows: SECTION 1: Additional conditions and changes are found to be needed for Conditional Use Permit 76-03 in order to comply with the intent and purposes of the neighborhood commercial shopping district. Therefore, the following conditions are added to those conditions already in effect per Resolutions 78-40, 82-98, and 83-117: 1. The hours of operation shall b_ from 11;00 a.m. to 11:00 p.m. • 2. That entertainment uses in conjunction with this business shall be eliminated. 3. This Conditional Use Permit shall be reviewed annually by the Planning Commission. 4. This approval is granted for a restaurant with the incidentiat serving of alcoholic 6ev erages. A lunch and dinner menu shall be served to maintain the primary restaurant use. APPROVED AND RDOPTED THIS 24th DAY OF JULY, 1985. PLANK 1rfTG ~$MMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~'="'ATTEST s L. }tout, • /7g u l - CITY OF R~1~CH0 CtiCA3I0XG:1 STAFF REPORT DATE: July 24, 1985 T0: Chairman and Members of the Planning Commission FROM: Jack Lam, Director of Community Development BY: Nancy Fang, Ass ista.^.t Planner ~~ca.irr~ ~~`~ ~t~7 } z Z - u- > 19"" SUBJECT: RESOLUTION MODIFYING CONOI TIONS OF APPROVAL FOR CONDITIO"!RL USE PERMIT 78-03 - 90ARS HEAD -Located in the Neighborhood Comm ercia District at the north~.vest corner of 19th Street and Carnelian - APN 208-811-59. I. ABSTRACT: The purpose of this report is for the Planning Commission to review the Resolution modifying the Conditions of Approval for CUP 18-03. II. BACKGROUND: The Planning Commission, at its regular meeting of Jul~T85, held a public hearing and determined that there is a need to modify the Conditions of Approval for this CUP. The Planning Commission directed staff to prepare a Resolution modifying the closing time far the restaurant from 2:00 a.m. to 11:00 p.m., and eliminating the previously approved entertainment use in conjunction with this restaurant. In addition, the Planning Commission may wish to consider oD en ing up the 13 parking spaces in the northwest corner of the site, as explained in the attached memo dated July 16, 1985. III. RECOMMENDATION: Staff recommends that the Planning Commission review the attached Resolution. If the Commission concurs with such modifications, adoption of the Resolution would be in order. Res ec tfull s bmitted, La~~ Director of Community Development JL:NF:jr attachments: July 16, 1985 Memo to Planning Commission July 10, 1985 Planning Commission Staff Report Exhibit "A" -Site Plan Exhibit "B" - Floor Plan Resolution of Approval with Modifications / 7`1 ITEM D DRAFT EXCERPT - PLANNING COMMISSION MINUTES -JULY 10, 1985 • E. CONDITIONAL USE PERMIT 79-03 - 80ARS HEAD - The review of compliance with cond tt ions of approval for a restaurant within a shopping center in the Neighborhood Commercial District located at the northwest corner of 19th Street and Carnelian Avenue - APN 208-811-59. Nancy Fong, Assistant Planner, reviewed the staff report. Chairman Stout opened the public hearing. Larry Arc inage, applicant, stated that to his knowledge the City has not received complaints 6y the surrounding ne ighhors since the reopening of the ' Boar s Head. Further, that the operation was complying with all conditions of approval. Chairman Stout questioned if Mr. Arc inage was planning to re-establish live entertainment. Mr. Arc inage replied that he was not planning live entertainment in the foreseeable future. Further, that extensive remodeling had been done to the establishment so that live entertainment could not be accommodated. There were no further comments, therefore the public hearing was closed. Commissioner Rempel was concerned with the number of parking spaces once the existing Savings and Loan expands into a more permenent building. He • suggested that the master plan of the center should be reviewed to see if restrictions need to be imposed to avoid an inadequate parking situation. Rick Gomez, City Planner, advised that staff could work with the owner of the shopping cen er and individual building pad owners to determine a more realistic future parking need. He suggested that staff could prepare a more comprehensive parking study for the Commission's review, should they so desire. Commissioner Mc Niel stated that 6ec ause of the problems with live entertainment in the past, it would be preferrab ie to modify the Resolution to eliminate the possibility of the Boar's Head offering live entertainment in the future. Chairman Stout advised that based on previous testimony of the applicant that it would nb longer pose an economic hardship, the hours of operation should he modified to bring them into conformance with other establishments in other Neighborhood Centers. Motion: Moved by Stout, seconded by Mc Nie 1, to direct staff to prepare a Resolution modifying the Conditional Use Permit be changing the hours of operation from 2:00 a.m. to 11:00 p.m. and to eliminate live entertainment . Staff was further directed to prepare a more comprehensive parking study. Motion carried by the following vote: • y~o AYES: COMMISSIONERS: STOUT, MCNIEL, REMPEL • NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARKER, CHITI'cA carried • x ~ x ~ • /~~ ~ ~. --- CITY OF R~1\CHO CL'C:1IvI0\G:1 STAFF REPORT DATE: July 10, 1985 T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner . 6Y: Nancy Fong, Assistant Planner ECG\.\IO ~; , . ~~,-- - ~ SUBJECT: CONDITIONAL USE PERMIT 76-03 - BOARS HEAD - The review of compliance with conditions of approval for a restaurant within a shopping center in the Neighborhood fommercial District located at the northwest corner of 19th Street and Carnelian Avenue - APN 206-811-59. I. ABSTRACT: The purpose of this report is for the Planning o~~s ion to review this CUP to ensure consistency with the conditions of approval and to consider potential modifications to the conditions of approval. II. BACKGROUND: The Planning Commission, at its regular meeting of May X1.985, held a public hearing for the annual review of this CUP. Based on public input over the concerns of hours of operation and adequacy of parking spaces, the Planning Commission directed staff to study such concerns and continued this item to this regular meeting for reviewing the two identified issues. III. ANALYSIS: A. Ade uac of Parkin S aces: The recent change in the Boars Head's operation to a unch and dinner restaurant with bar facilities conflicted with other businesses in the shopping tenter in terms of parking. The original approval of the CUP had taken into account that most of the Boars Nead's customers congregate in the evening hours and therefore would not conflict with the other businesses in the shopping center or have significant impact on parking. Parking Study Summary: The shopping renter consists of four existing buildings and one future building pad with approximately 38,460 square feet in total gross floor area. The available on-site parking spaces provided for in the center are 210 spaces; however, the conditions of approval for this CUP eliminated 13 spaces, leaving a total of 197 far on-site parking. ~g 1 PLANNING COMMISSION ,iAFF REPORT Conditional Use Permit 78-03 July 10, 1965 Page 2 The required numher of parking spaces based on the type of use per current Development Code for each building are as follows: Building A ... .... ....... .......66.4 parking spaces Building 8 .....................56 parking spaces Building C .....................64.4 parking spaces Future Building D . .. ......... ..8 parking spaces Building E (Savings & Loan)....4 parking spaces Total Number of Parking Spaces Required = 189 spaces The conflict occurs when Datrons from one use park in front of another use. Parking is available in the main parking area in the center of the project. The property owner should be encouraged to explore methods of designating certain parking areas for each • user. Additionally, employees must park in the same lot as the customers, thus compounding the problem. The proximity of 3 restaurants in the same building creates competition for those parking spaces along the storefront. B. Hours of 0 erat ion; The original approval for this CUP limited the hours o operation from 11 a.m. to 11 p.m. in order to reduce noise disturbances to surrounding residential neighborhoods. These operating hours were modified to 2 a.m. through an appeal by the applicant to the City Council. Oue to a fire in the kitchen last May, the business was closed for almost a year. The restaurant was remodeled and reopenetl recently by the same owner and offers lunch, dinner and bar services, but without entertainment and closes at 11 p.m, Therefore, the nature of this business is consistent with the conditions of approval for this CUP. However, the Boars Head still has the option to operate this business until 2 a.m. C. 0 tai ons~: The Commission may consider the following options per ecS tion 17.04.030;G) of the Development Code; 1. Find that the CUP ;s no;ng conducted in an appropriate manner, that the on-site parking is adequate and that no action to modify or revoke is necessary; or, 2. Find that the CUP is not being conducted in an appropriate manner and that appropriate modifications to conditions are necessary. I8~ ~L nN NI NG COMMISSION~.~AFF REPORT t Conditional Use Permit 78-03 July 10, 1985 ?age 3 • I'J. CORRESPONDENCE: This item has been advertised as a public hearing in Th- a DTReport newspaper, property posted and notices mailed to property owners within 300 feet. V. RECOMMENDATION: Staff recormnends that the Planning Commission con uc~t a pu~hTic hearing [o consider all material and testimony presented and select from one of the options described above. Rebpec tf ubmitted, ~a /(J~ic Gomez City Planner RG:NF:,ir Attachments: Letter from Surrounding Residents letters from Rpplicant Table I - Required Number of Parking Spaces by Land Use • Exhibit "A" -Site Plan & Land Use Exhibit "8" -Floor Plan May 22, 1985 Planning Commission Staff Report • /8Y '~ t AMENOEU TABLE [ REQUIRED NUMB ER OF PgRKING SPACES 3Y LAND USE ALTERNATE 1 ALTERNATE 2 # OF TOTAL # OF TOTAL # OF BUILDING * SQ. FT/LAND USE PARKING RATIO SPACES SPACES SPACES A 1500 Sq. Ft. - 1/250 7.0 .._"" s~. ft. Dentist Office 5100 Sq. Ft. 1/100 51.0 Restaurant/Deli (Deli & pizza place recently closed) 2100 Sq. Ft. 1/250 8.4 Retail 66.4 66.4 B 9,470 Sq. Ft. - 1/250 38.0 21,320 Sq.Ft. Retail/Office 150 Sq. Ft. - 1/250 3.0 Assume Retail/Office • 2100 Sq, Ft. - 1/4 Seats 15.0 Church (pending at 60 Seats review) of 50-70 seats 56.0 56.0 C 5440 Sq. Ft. 1/100 54.4 54.4 54.4 5400 sq. ft. Bob's Big Boy Restaurant Future "D" * 2000 Sq. Ft. - 1/250 8 8.0 ----- 2000 sq. ft. Assume Retail/Office "E" ** 1000 5q, Ft. - 1/250 4 4.0 20 ** Savings & Loan drive-through (5000 sq. ft. max. for expansion! TOTAL REQUIRED 189.0 197 TOTAL PROV IOED 191.0 197 ~p aces Over ;~ * Per approved Master Plan for Shopping Center. ** Should the Savings & Loan expand its facility, the maximum gross floor area allowed based on parking availability is 5,000 square feet where the building D would be eliminated. The total required parking spaces for a 5,000 square foot office use would be 20 spaces. /8> (- ~- F. CONDITIONAL USE PERMIT 18-08 - BOARS HEAD - The review of comoliance with conditions of approval for an existing restaurant within a shopo ing center in the Neighborhood Commercial District located at the northwest corner of 19th Street and Carnelian Avenue - APN 201-811-89. Nancy Fong, Assistant Planner, reviewed the staff report. Chairman Stout opened the public hearing. Larry Arcinage, Boars Head owner, stated that Boars Head had been remodeled due to a fire and had reopened nine days ago. He advised that the establishment opened with an expanded lunch and dinner menu and operated at the hours of 11:00 a.m. to 11:00 p.m., and does not offer live entertainment. Further, that although no live entertainment is offered and the closing time is 11:00, he did not want either of those conditions modified. Mr. Arcinage additionally stated that the number of employees had been reduced because the establishment is operated as a self-serve restaurant and bar, and has reduced the occupany load to 90. Leonard Kolb, D & L Deli, asked for clarification if the Boars Head is a restaurant or a bar. Chairman Stout replied that this has been a topic of discussion for several years, but that the applicant now indicates that the establishment is a restaurant. Mr. Kolb asked for information regarding parking restrictions. Nancy Fong, Assistant Planner, replied that 1 space per 100 square feet is required and that this use has 2700 square feet, therefore requires 27 parking spaces. John Manner ino, attorney representing the shopping center owners, stated concern with the major change in manner of operations which he felt significantly increased the load of the parking lot during peak hours. He further stated that the reduction in the number of employees was a concern because there would not be adequate staffing to report inappropriate behavior of customers. Mr. Mannerino suggested that the Comniss ion require a meeting between staff, tenants, and the shopping center to discuss the parking issue. Doug Gorgen, co-owner of the shopping center, stated that the center does not have adequate parking to support the daytime restaurant use of the Boars Head. He requested that the restaurant use be scaled dcwn. Donna Kalb, 0 & L Deli, stated concern with competing menus and parking. John Shrinkweilder, representing tad io Shack, stated concern with parking. • Planning Commission Minutes -b- May 22, 1985 • /8~ ( t Mel Futrell, 6623 Topaz, stated that his main objection to the Soars Head had • been the late hours of operation. Further, that since reopening the establishment nine days ago the hours seemed more compatihle, but was concerned that tdr. Artinage did not want the hours modified to allow an earlier closing time. Roherta Futrell, 6623 Topaz, stated that it had keen heavenly while the Boars Head was closed and that she was happy to have D & L Deli as part of the shopping center. Doug Hone, co-owner of the shopping center, suggested that staff analyze the parking as originally established because the previous approval had been as an off-hours use. He further suggested that the City consider employee assigned parking and that tonsiderat ion be given to opening u~ the parking spaces which had been chained off in a previous condition of approval. Larry Arc inage, P.oars Head, rebutted the comments made during the public hearing. He stated that he is now being admonished for complying with the City's conditions to serve lun cn and dinner. There were no further comments, therefore the public hearing was closed. Rick Oome z, City Planner, advised that the purpose of this hearing is to receive direction from the Commission based on testimony received and not to make a decision at this time. He stated that the alternatives would be to determine that the use is being conducted per the conditions of approval and • should be allowed to continue, or to direct sh off to prepare a resolution and findings to modify cord it ions of approval. Commissioner McNie1 stated that he didn't think the Commission had the responsibility to mediate a disagreement between tenants and landlords as to their agreements; however, the Conenission does have to protect people based on parking restrictions and recommended that that issue be further studied. Commissioner Barker outlined the issues before the Commission. He stated that parking during daytime hours is a new issue. Further, that competition between like businesses is unfortunate, but questioned whether it is within the Commision's ability to make a decision on that issue. He additionally stated that the hours of operation have always been an issue, and was still of the opinion that the late night hours are not compatihle with the surrounding neighborhooe. He advised that he would have a problem making findings of whether or not the establishment is being conducted appropriately when ii has only been open for nine days. Commissioner Barker asked the City Attorney to respond to the request that staff, tenants, and shopping center owners he required to meet on the parking issue. Chairman Stout stated that at the time the Commission had determined that 11:00 p.m. was an appropriate closing time, Mr. Arcinage based an appeal of that decision economic hardship to the City Council. The Council's decision was to allow the establishment to remain open until 2:00 a.m. However, hosed on Mr. Arc inage's testimony, it does not seem that an economic hardship would '~ Planning Commission Minutes -7- May 22, 19F36 i8J f ~ be imposed if the Commission were to modify the hours of operation at Lhis time. Chairman Stout asked the City Attorney for direction on that issue. Jim Markman, City Attorney, advised that regarding a meeting 6e tween the tenants and shopping center owners, the Commission could not require Cut could suggest such a meeting to discuss the parking issue. He additionally advised that the Planning Commission must have substantial evidence to modify the conditions of a Conditional Use Permit. Further, that the parking issue would 6e appropriate to study for further modification because no one tenant has a vested right to create a nuisance to other tenants. He also stated that the Commission could also consider modifications to operating hours because by the applicant's awn testimony evidence had been given that the business operations were altered. Commissioner Rempel stated that it appears that the business is finally opening with the original intent in 1978. Regarding the parking problems, he stated that the site is more than adequately parked and advised that the owners and the tenants should work out an amtab le agreement; however, if further study indicates that the Boars Head is getting too many spaces, the Conrtniss ion should take a look at the seating capacity. Commissioner Chitiea stated agreement that staff should research the center's parking and pass the information on to the owner, who should try to work out the problems with the tenants. She added that the City should not have to solve the problem for the shopping center owner, but should give direction as to what is appropriate for each establishment. She additionally agreed that the hours of operation should be further studied for possible modification. Motion: Moved by Stout, seconded by McNie1, that staff should be directed to further study and report back to the Commission on the parking issue and opening and closing hours of operation. Additionally, the possible modification to conditions for CUP 78-03 should 6e re advertised and placed on the Planning Conmiss ion public hearing agenda. Motion carried by the following vote: AYES: COMMISSIONERS: STOUT, MCNIEL, BARKER, CHITIER, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE •••+• 9:00 p.m. -Planning Commission Recessed 9:15 p.m. -Planning Commission Reconvened • + . + . -carried 1~ • Planning Commission Minutes -8- May 22, 1985 • /~ 9 ~ (~ r~rmv nc n r vn vn nrn . r rn vn , • STAFF REPORT ~~.......qJ ~~~ y , . <, ~ ~~ `=~' DATE: May 22, 1985 lv ' T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner ` 8Y: Nancy Fong, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT 78-03 - BOAR'S HEAD - The review of compliance with conditions of approval for a restaurant within a shopping center in the Neighborhood Commercial District located at the northwest corner of 19th Street and Carnelian Avenue - APN 208-811-59. I. ABSTRACT: The Planning Commission directed Staff to hr inp back this CUP for their review. The purpose of this public hearing is to (1) review the CUP to ensure consistency with the Conditions of Approval, and (2) consider modification to the Conditions of Approval. i[. BACKGROUND: On December 21, 1976, the Planning Commission conditionally approved a restaurant with bar and entertainment for a period of two years. Due to consistent compiaints relating to noise, loud music, fights, and loitering, the Planning Commission had reviewed this CUP several times to modify and add conditions of approval to mitigate these nuisance problems. Some of the mitigation measures added were: limit hours of operation to 2:00 a .m. at night, structural changes to soften noise and installation of speed bumps within the shopping center (see attached Resolution 82-98). On Septemher 28, 1983, the Planning Commission again reviewed this use permit due to complaints received and modified the conditions of approval through more restrictive hours of operation (11:00 p.m. closing) required additional noise attenuating materials to reduce exterior and interior noise, requiring implementation of dinner menu and requiring annual review by the Planning Commission. On Novemh er 16, 1983 the City Council, on an appeal by the owner of the restaurant, changed the closing hours bark from 11:00 p.m. to 2:00 a.m. u III. ANALYSIS: One of the conditions of approval is the requirement of annual review by the Planning Commission. To date Staff has not received any written complaints or comments from surrounding residents. However, the business was closed for a period of time last year due to a fire in the kitchen. The restaurant was 7A9 ITEM F PLAN"7[NG COMMISSICti TAFF RE'ORT ~ CU? 78-03 - Boar's Head May 22, 1985 Page Z • remodeled and reopened recently with a new owner a seating capacity of 120. The restaurant offers lunch and dinner plus entertainment. The Commission may consider the following options per Section 17.04.030(G) of the Development Code: A. Find that the CUP is heing conducted in an appropriate manner and that no action to modify or revoke is necessary; or B. Find that the CUP is not being conducted in an appropriate manner and :hat modifications to Conditions are necessary; or C. Find that the CUP is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts, and therefore, revokes the permit which requires the operation to cease and desist in the time allotted by the Planning Commission. IV. CORRESPONDENCE: This item has been advertised as a public hearing in The Daily Report newspaper, the property posted, and notices mailed to property owners within 300 feet. • V. RECOMMENDATION: Staff recommends that the Planning Commission conduct a puhl is hearing to consider all material and testimony presented and select from one of the options described above. Re -P su itt ed, ck RG:NF :ns Attachments: Resolution 93-117 P lannning Commission Minu*.es of September 28, 1983 Planning Commission Minutes of January 25, 1983 Planning Commission Minutes of October 27, 1982 Resolution 82-93 Original Resolution 78-40 Exhibit "A" -Location '4ap Exhibit "B" -Floor Plan • /9 0 l^ ~-t ~. I -.- b M~y~j _ -cc. ~ .y 1. yP T J. ~ yT J 3 GGGGG f ~ i ~~ Y {, ' T o} } LFO ~ o - a : . ~ s ~ ~ ~ ~ . 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I I ~C~C i;F ti I~ c ~~ ~ r ~77 A ~~ { P r ~ ~_ ~ ~ ~ ~ Q~Q Vf ~ .T ~ i~ _ ~ g~ ~ -~ I^ , V J G - z _ I ~ ~ 2 i r ~ ~ Lei ~ y _- ~ ~ St ~a uJ ~r - _ ~ i' I ~..~ ~ -~- '~S 66 i 9/ c ~ 7'6 " . ~ ~r'1cM~./ .,: ~<_',~c~ \, i CG,UCRET6', II /jCCC.~ GJA[.t. i ~. i `~ ~. ~ ;\ 4. \ J ~ e~, I ,~ ---- -- ~~ ~ A CITE' OF RANCHO CL'G~JIO\GA rL,vvwi~c ~i~~~5irn CNINGES S>iNG NE/IDGL' MCN { ~f £~5 i,Pct,^.7 _~ NORTI i C, J C rrE~l: ~ 3 TITLE • /9 i- C • - CITY OF RANCHO CL"C.1\[0\G:1 STAFF REPORT ,~~~t .`~,: ~. %~~i - F ;,,,__ -, DATE: September 4, 1995 T0: Mayor and Members of the City Council FROM: Jack Lam, Community Development Director BY: Dan Coleman, Senior Planner SUBJECT: APPEAL OF PLANNING COMMISSION'S DECISION - CONDITIONAL USE ERMIT 83- - DATA OES [GN - An appeal by the applicant of the Planning Commission s decision regarding Conditions of Approval relative to a time extension and two (2) temporary office trailers located at 7915 Center Avenue. BACKGROUND: At its July 24, 1985 meeting, the Planning Commission denied a time extension request for CUP 83-11 for two office trailers located at 7915 Center Avenue. The attached Planning Commission staff report and memorandum from the Planning Commission provide a detailed account of the Planning Commission's deliberations concerning this item. In addition to the reasons outlined in the attached memorandum dated August 6, 1985, the Planning Commission directed Staff to provide the City Council with photographs (see Exhibit "D") of the Lwo temporary trailers indicating that the all-metal design and lack of landscaping are inconsistent with current Planning Commission policy regarding temporary structures. RECOMMENDATION: Staff recommends that the City Council uphold the P ann ing Commission's decision and deny the applicant's appeal. Respec tf~lly, sypm~tted, JACK LAM, AICP ' - Community Development Director JL:DC:ka Attachments: August 6, 1985 Memorandum July 24, 1985 Planning Commission S[aff Report July 24, 1985 Planning Commission Minutes Exhibit "D" - Photographs /9~ I ~ D ATA-D ES I G N L a 6 o r a r o r,i e t `J -` ~'` 'S2 ° TE9 7 s august 19es o ~ ~ , ,~ CFIY OF RANCHD CUCAh1GNGA RD MINISTRY TION City of Rancho Cucamonga AUG 51985 9320 Baseline Road - AM ~ Post Office Dox 807 Rancho Cucamonga, California 91730 Z')8~9i]U(11i12~1~21$~4~$~8 Attention: City Clerk Subject: Conditional L'se Permit (CUP) 83-11 Appeal of Planning Commission Resolution Nc. 85-109 Gentlemen: On Nay 21, 1985 Data-Design Laboratories submitted a written request to the Planning Department for two twelve month extensions for two temporary trailers located at 7915 Center Avenue. The expiration date of CUP 83-11 was July 27, 1985. At its July 24, 1965 meeting, the Planning Commission denied the extension for CUP 83-11. The Planning Commission's reason • for denial was that two conditions were not met and therefore, Data-Design did not act in good faith. The two conditions were that the street improvements should have been completed by the expiration date and the trailers were to be removed. In our letter of Nay 21, 1985 Data-Design stated that it is committed and will install the street improvements. Data- Design informed its engineering firm on Ptarch 29, 1985 to prepare the plans for the street improvements so we could obtain construction bids and start the project. We started this project well in advance of the expiration date. The engi- neering drawings for the street and installation were received on June 10, 1985. The Utility engineering drawings were sub- mitted to Cucamonga County Water District (CCWD) on June 12, 1985. Due to various delays and misunderstandings by our engineerinc firm and~the CCYID, we did not receive approval until July 18, 1985. The Planning Commission meeting was on July 24, 1985 and the CUP expiration date was July 27, 1985. On Jul}~ 19, 1985 three construction companies were contacted and bid packaces submitted. The following week we were informed /9y DA1A-DESIGN LABORATORIES City Cierk S August 1985 Page Two that all three companies declined to bid due to work load, etc. We immediately contacted three other construction companies to bid on the oroject and expect their bids this week. After the bids are received and reviewed, we will select a contractor and start the street improvements. In regard to the second condition, the completion of a permanent building by the CUP expiration date. As we have stated in writing and verbally at the PLanning commission meeting - approximately two years ago, Data-Design relocated its subsidiary Siltron to the Cucamonga site. During this two year period, the growth anticipated for Siltron was not achieved, personnel and management problems were experienced, and the Company is still operating at a loss. On the positive side, Siltron's ,engineering department has developed and produced new products that are currently being marketed and a new President has been hired with a new business recovery plan underway. Data-Design has a substantial investment in Siltron and expects • a turnaround can be achieved over the next two years. At the present time, Data-Desigr. believes that a permanent building for Siltron is not warranted and would like to continue utilizing the two temporary trailers for the next two years. It should be noted Lhat this is the final extension allowed by the City of Rancho Cucamonga and in two years the temporary trailers will have to be removed and we shall do so. Data-Design has been located in Cucamonga for over 18 years and is considered to be an excellent company and employer. We have always operated in good faith and contributed to the community. Data-Design appeals to the City Council for relief from the Planning Commission Resolution No. 85-109. We respectfully request that Data-Design be allowed a Conditional Use Permit for two twelve month extensions for the two temporary trailers. Very tru17 yours, DATA-JESTGN LABORATORIES r. _~~ L G- Dominic Salcati Executive Vice ?resident DS:lcm /95 ~; DRTE: Rugust 6, 1985 C CITI' OF R.a.~CHO CtiCA\10SG:1 MENIORANDUbI T0: Mayor and Members of the City Council FROM: Planning Commission ` i;C~~.ti01~ ~~ ., _ ,. °~ ..: ~:' ~V! Z -i,~=- _ ~ SUBJECT: CONDITIONAL USE PERMIT 83-11 - DATA DESIGN - Consideration of a time extension and conditions of approval for two temporary office trailers located at 7915 Center Avenue. It is our understanding that the applicant, Data Oes ign, has appealed the July 24, 1985 decision of the Planning Comfniss ion concerning CUP 83- 11. The Comniss ion has, therefore, directed that the following report be prepared so that members of the City Council can be made aware of the history of the problem as well as the issues and logic of the Planning Commission when you make your decision. The Planning Commission has established a policy of prohibiting temporary trailer type facilities unless absolutely necessary. This policy was established for a number of reasons but primarily because: 1. They allow unfair competition for reputable businesses that have invested in permanent facilities in our community; and, 2. They are aesthetically incompatible with the quality standards the community demands. Where temporary facilities are allowed, the Planning Commission policy has been to protect the community by requiring the applicant to plan and build permanent facilities within a reasonable but firm time frame. With respect to this partitu lar applicant, the Planning Comniss ion believes that the applicant has consistently dealt with the City in bad faith. In 1983, without clearance from the City, Data Design moved two trailers onto their property located at 7915 Center Avenue to house their subsidiary cprporat ion, Si ltron. The City staff contacted Da to Design and required submittal of a Conditional Use Permit, as required by Code, to be reviewed and approved 6y the Planning Commission, for the trailers. On July 27, 1983, the Planning Commission approved the two trailers for a six-month period with the condition that a permanent building be completed and ready for occupancy prior to the expiration of the CUP. On appeal, the City Council extended the amount of time that the trailers may be kept from six months to two years which would expire on July 21, 1985. 7~L Memo To ~i'y Cou(" 1 I Subj: Condition ~ Use Permit 33-11/Data Design l August 6, 1935 Page 2 • As a related issue, it was revealed during the Cammiss ion's hearing that street improvements which were required under a previously approved parcel map for this site had not keen installed and the improvement agreement had expired in 1982. To correct this, the City Council added a condition to require a new improvement agreement extension be submitted prior to occupancy of the trailers. This agreement was never executed. On July 24, 1985, the Planning Commission reviewed Data Design's request for a time extension on the trailers. Staff's report indicated that during the two year period granted 6y the City Council for the keeping of the trailers, the applicant had not made an effort to develop plans for a permanent building as required by the City Council's Conditions of Approval. It was further revealed that construction had not started on the street improvements to date and had not been advertised for bid until the week of the meeting of the Planning Commission. Therefore, the Planning Commission denied the request for a time extension and required the trailers to be removed. The Commission's deliberations considered the following points: • 1. The applicant has not submitted plans for a permanent building as required by the past approval conditions. 2. The applicant has ignored and not made a good faith effort to comply with the Conditions of Approval set by the City Council regarding the construction of a permanent building or the installation of street improvements. 3. The appiic ant indicated no willingness to build a permanent building unless economic conditions for the subsidiary corporation (Siltron) improve, resulting in the possibility of the trailers becoming permanent. 4. Irrespective of the applicant's contention that the trailers were occupied by a subsidiary corporation which was not making a profit, the Planning Commission felt that as the 1=.gal applicant and property owner, Data Design had full responsibility for the construction of the permanent facility and installation of the street improvements. This was of particular concern to the Commission when Data Design was compared with so many small companies who go out of their way to conform to regulations and work well with the City. /S7 Memo To City Coi, it r Subj: Condit ion~~ Dse Permit 33-11/Data Design ` August 6, 1995 Page 3 5. Street improvements are required by City Council ordinance pursuant to an improvement agreement signed by City Council and not subject to the Planning Commission's discretion as to their completion. 6. The Planning Commission had received a letter of oDPOSition from an adjacent resident opposing the time extension based upor~ the hazardous traffic situation created by the lack of street improvements on the Data Design side of Center Avenue. .he Planning Commission, therefore, respectfully requests that the applicant's appeal be denied. Resp ctfu ly submitted, `~.~ ~ Dennis L. Stout Chairman DLS:jr cc: City Manager • • • i98 • • C C CITF OF R:ISCHO CZ;CA~i0\G:1 MEMORANDUM FROM: Barrye Hanson, Senior Civil Engineer SUBJECT: CUP 83-11 (tt 11428) - STREET IMPROVEMENTS DATE: July 26, 1985 To: Dan Coleman, Senior Planner y.., ~ ~~~ ~ ~. _ \ > F _ ~ Z WWW > ~) 1. 4/9/60 - Tentative Tract 11428 approved by Planning Commission. 2. 6/17/81 - Improvement Agreement for Tract 11428 aDProved by City Council for standard one-year period. 3. 6/23/81 - Tract 11428 recorded. 4. 6/17/82 - Improvement Agreement for Tract 11428 expired and went unnoticed by City. 5. 1/27/83 - Planning Commission hearing on CUP 83-11 for two temporary trailers on lot 9 of Tract 11428. Planning Commission approved CUP for six (6) months, with a condition "Prior to occupancy (of trailers, I assume), an application for an improvement agreement of six (6) months shall be submitted ." The extension implies that the improvements shall be completed in six (6) months. 6. 8/17/83 - Engineering Division submitted Improvement Agreement extension to City Council, who approved it, therefore to expire 2/17/84. Submittal of Rgreement to Lity Council implies that the bonds were acceptable. 7. 9/7/83 - City Council Hearing on appeal of Planning ~ommiss ion decision on CUP. Council did: Motion: Moved by Schlosser, seconded by Buquet to grant t e extension for a two year oeriod; require new bunds be posted; and condition the Improvement Agreement that if any development occurs in the two year period, then the agreements could be called. Motion carried unanimously 5-0. 8. To date, new bonds have never been posted and street improvements have not been constructed. /YS i --- CITY OF R~IXCHO CCC:IJIO\G~ STAFF REPORT DATE: July 24, 1985 T0: Chairman and Members of the Planning Commission FROM: Jack Lam, Community Development Director 8Y: Oan Coleman, Senior Planner ~~c~.iio / ~~g _ ~w^'~t'1h~ ~l~ _~ y 19-' ~ SUBJECT: CONDITIONAL USE PERMIT 83-11 - DATA DESIGN - Review and consideration of a time extension and conditions of approval for two temporary office trailers located at 7915 Center Avenue. I. BACKGROUND: The Planning Commission approved the two temporary trailers on July 27, 1983 which ezp fires on July 27, 1985. The purpose of this public hearing is for the Planning Commission to review and consider: (1) a time extension for the two temporary trailers; and (2) review the operation of the CUP to insure consisten•y with the conditions of approval and potential modification to the conditions of approval. II. ANALYSIS: The Planning Commission may periodically review any Conditional Use Permit to determine if it is being operated in a manner consistent with the conditions of approval and a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission was greatly concerned with the duration of these temporary structures and required to have the permanent building completed and street improvements installed by July 27, 1985. No permanent structure or submittal of permanent plans has occurred to date. The attached letter from the applicant states his intention to commence construction of the street improvements during July 1985, and he completed within 90 days. Regarding the permanent building, the applicant indicates that the occupant of the two temporary trailers, the subsidiary Siltron, has not experienced the original growth projections; therefore, Data Design does not feel that a permanent building is warranted at this time and requests a time extension for the next twn years. THREE OPTIONS: The following options may be considered by the Planning Commission per Section 17.040.030(G) of the Development Code: A. Grant a time extension 6y finding that the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or ITEM J zoo PLANNING COMMISSIr ~ ITAFF REPORT ! CUP 83-11/Data Des~yn July 24, 1985 Page 2 8. Conditionally grant a time extension by finding that the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or C. Deny the time extension by finding that the CUP is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and, therefore, revoke the CUP which will require the business operation to cease and the trailers to be removed in the time alloted by the Planning Commission. The Development Code specifies a two-year approval period with the possibility of two 12-month eztens ions. The maximum time period of approval including extensions is four years from the original approval date pursuant to Section 17.02.100, which is July 27, 1987. Extensions may be granted with a finding that there has been no significant changes in the land use element, Industrial Specific Plan, or character of the area that would cause the project to be inconsistent or nonconform ina. Staff recommends that IV. CORRESPONDENCE: This item has been advertised as a pu 6l is hearing in hie Oa~il Re o~rt newspaper, the site posted, and notices were sent to all property owners and businesses within 300 feet of this site. RECOMMENDATION: It is recommended that the Planning Commission conduct a pub is hearing to: (1) consf der the time extension request; and (2) revfew the business operation for compliance with the conditions of approval and select from one of the options described above. If after such consideration the Cononission should find that the CUP is being conducted in an appropriate manner, adoption of the attached Resolution modifying the conditions of approval and granting of a time extension would be appropriate. Respectfully!s ubmitt ed, _ _ _ _~,.~~ ~ Ai<~* _ Jack Lam --•---~- _ Community Oeve lapment Director JL:DC:jr Attachments: Letter from Applicant Exhibit "A" -Location Nap Exhibit "8" - Si[e Plan Original Resolution of Approval 83-101 Yew Resolution of Approval >.O / { C ' ~ D ATA-DESIGN L ,i G o r n r a r i e ~~ +3zs ce =_a :._.._ .,lCn~n 0.4 G,a L.~ JR~:.q _ .o 21 Kay 1985 City of Rancho Cucamonga Community Development Department ~ ~'' ~%ti• Planning Division y~'.o _ /?,~~ 9320 Baseline Road, Suite C ~~•~. Rancho Cucamonga, California 91730 Attention: Nr. Rick Gomez, City Planner Subject: Conditional Use Permit (CUP) 83-11 Expiration Gentlemen: This lettez is submitted to advise the Planning Division of the current status regarding Data-Design Laboratories' CUP 83-11 and provide a written request for two twelve month extensions for two temporary trailers located at 7915 Center Avenue. The expiration date of CUP 83-11 is July 27, 1985. • When the CUP was approved by the City Council two conditions applied: • 1. That the improvement agreement be extended for a period o£ two years to install street improvements on Center Ave n~,:e and construct certain private streets inside the tract. Status - Lockwood Engineering and Survey Company is presently working on the drawings and bid package for the street improvements. Lockwood will have the drawings and bid package completed by May 31, 1965. Data-Design will submit the bid package to three contractors and select a contractor during June, 1985. The contractor will be directed to apply for building permits as soon as possible and construction is expected to commence during July, 1985 and be completed within ninety days. 2. Completion of a permanent buildiny by the CUP expiration date. Status - Approximately two years ago, Data-Design relocated its • suhsidiar7 Siltron from Gardena, California to the Cucamonga site and received CUP approval for two temnora r}• trailers. ~Qi C t DATA-DESIGN LABORATORIES Mr. Rick Gomez • 21 May 1985 Page Two During this two year period, the growth anticipated for Siltron was not achieved, personnel and management problems were experienced, and the Company is still operating at a loss. On the positive side, Siltron's engineering depart- ment has developed and produced three new products that are currently being marketed and a new President has been hired with a new business recovery plan underway. Data-Design has a substantial investment in Siltron and expects a turnaround can 6e achieved over the next two years. At the present time, Data-Design believes that a permanent building for Siltron is noc warranted and would like to continue utilizing the two temporary trailers for the next two years. In summary, Data-Design is committed and will install the street improvements in accordance with our improvement agreement, but respectfully requests a CUP extention of two years for the two temporary trailers. • DS:lcm Very truly yours, DATA-DESIGN LA80RATDRIES T e.lG- [_ - Dominic Salvati Executive Vice President au5 C, f~M :a ~ ~;~. c .. ~, ~~ r ~ .,~ ,{: , . ,.... ~~ I i ~~ M C~ L `''.' ' ~ ,~ 3 ^ ~:_, r ~ ° D "~`" ~ , ` I,+I : ~ ~ G ^ n . ~ . __~ ~ ~ Fc ° TERRA ~oJF.Gr SI'(~ C ~ ~,~gprvannnnnnnnr. ~~~~I•\~~\~~~~~I / ~~~ Future City ~ Hall MH ^ ^ r ~~ ;:oaTt i CITI' OP ITEM: ~ ~~. y e~3- i I - ~~rn ~si~-r~ R.~.\CHO CLC-~JIO\G.~ TITLE. ~.-.rn~I MaP PL~L~\I\G DI~'LSIO~ EXIII[31T~ '~' SCALE - xcy ~~ i+LT,~I }+g~~~ aNtt*t NO~ LOCKWOOD ENGINEERING "1°14 Ce1;c1=g AyENnc (ro,nac ~u~ u,a 6-20-83 & SURVEYING COMPANY, INC. Rn ,emu.. ar,,..,lms, CALIF. sn3o rv n~7// • le0 West Foolhiu tllvC. 9101 Rillto, GLforpu O[aL,ImpN CON~ITInn.1A1 LISP PFT}/AT aGE NO. 1 i 1:. \ = _ _ _ _ LOT "A~ (KOAD SEJAEh7i5 n N 89'53'30"E 415 4G' ~..~~_ J _ '^____~ 331.44-- ^~ . E <(4. ~ ~_ /~ QIST NG A.C. 92rJE5{ PA2/-IN4 I X p P _ t+ EX15fIAIG 6UILD1I.IG~ ~" 9 '~ LoT 9, -T(LA,CT NO. 11428 N ` 3 IG,ooe/Sq.FT. \\ / `~' N • •~ ( W N ! ' ' T I ` j J PROfbSCO I.OCpT10FS '/AOtill F I 4'><4 l.O 2 EACH T. 0 F CES • ' ~o co ac ~ '~ I -~ Np9'S3~3o"E 3883G' E1.IST. (IfTNNIMG WPI.L9 .I1, ~{l I F]JSTING BUILDING T /~ iuE SHOP 1 ~f +j ~\ • °- r. I Na I U _II N "' pl ' 0 N 2 NI X~_ I W I I .m V V tttl~h~~l N m pl Q 0 g 0 7 -P?RJGING 2EgVIRE/RENT'S: _ _ .~ _ . Eklsf. OFFl CkT 1'.250 8,000 S.F. _. 32.00 GRS E1lI5T. INlxlST'fLIAL I'•500 Zj 000 S. F. 16.00 G4RS DROWSED OFFICES t:25o 2$$o S.F• 11.52 CARS TOTALS IB188O S,F• 60 GRS R£p~a SGA>_E: 1"+GC' P?r`K NG P2~VIOm \VEST/NORTH/EAST y~50UTN ~EILIST~ G9 CAf25 _. CI'CZ' or ITE\1 GU? Bi-I~~D(RA'tissleN R~\CI-IO CL:CIJIO\G.-1 TITLIi.SR~e 'R1+A1 PL:\~til\G DI\'L510~ E\HI[3IT (_{~_SC;\LE ~N<<.Of ~cr C; C~ k5 ~_-_~ '< ~ ' ~. i ~ ~'. .~; ,. .. 3 ~ . ~, i M '' ..::.: a ~' -,~:, r p a,'.'. cI'`,' . y... _:. ~ ~~ ~- f ~ ~ ~ I . ~: _ f~; w ,~... ~ 7) ~ ' ~. ~ ..y ~: ~ ~ ~. ~,I ` I .~ ~ ,~ .-~:, _ ~, y ;~ J -- III, y' ~~ ~., / ..,~. ~\ ~ ''~ Y \..~ >• I1 I \ I a ...~..~., ta<.:.a. ~ ~ (.:'. - _ E . V ~I 10RTH C: r-1 CITZ' OI' ITE~I:c.u.,~ES3-II- ~'~r.4~esldJ • R.1\CI-i0 CL'C-~~I(~\C;:1 TITLE M~~ ~N PLA.~i\I\Ci DIt'LSIO~i GCIIIIlIT nGn 5C.\LE+- aoc ~..«. M. CONDITIONAL USE PERh1IT 33-10 - P~R ESSLEY - A change of ownership for zn arcade (formerly JJ's arcade in the C-1 zone to be located at 6642 and 6646 Carnelian. Dan Coleman, Associate Planner, reviewed the staff report. Chairman Stout opened the public hearing. Steve Pressley, applicant, addressed the Commission stating that his agreement with the Resolution and conditions of approval. Commissioner Mc Niel advised that this item had been advertised in the newspaper and the area property owners notified, however no opposition was expressed to City staff. He reminded the applicant of the opposition voiced when Mr. Mannella first applied for the Conditional Use Permit for JJ's Arcade and advised that he should run his operation in a similar manner. Motion: Moved by Rempel, seconded by Mc Niel, unanimously carried, to adopt Resolution 83-100 approving Conditional Use Permit 83-10. AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, JUAREZ, STOUT NOES: COMMISSIONERS: NONE • ABSENT: COMMISSIONERS: NONE -carried- .... + N. CONDITIONAL USE PERMIT 83-i1 - DATA DESIGN ~ The temporary placement of two 44 sq. t, o ice Lrai ers on acres of land in conjunction with an existing manufacturing facility in the M-R-T (Restricted Manufacturing) zone located at 7915 Center Avenue - APN 1077-401-08. Rick Gomez, City Planner, reviewed the staff report. Paul Rougeau, Senior Civil Engineer, stated that staff suggested an additional condition be added to the Resolution under Engineering Conditions to require the application for an Improvement Agreement extension prior to occupancy of the trailers. He explained that street improvements had been previously banded for which required their installation within 12-months; however, time on this agreement had lapsed and development activity in the area has increased, therefore staff recommends that the extension be applied for and the applicant begin to make arrangements to install the street improvements. Chairman Stout asked what a reasonable amount of time would be to install the improvements. Planning Commission Minu Ls -10- July 27, 1983 ~o~ ~ i Mr. Rougeau replied that 6 months ii adequate, however they could possibly he done in three to four months. • Chairman Stout opened the public hearing. Dominic Salvati, representing Data Design, addressed the Commission stating after approval of the parcel map Ciky staff had advised the applicant that there was no urgency to install the street improvements until construction of additional buildings. He further stated that the trailers would allow Data Design to bring additional employees and revenue to the City, and urged the approval of the Conditional Use Permit. Conmissinner Barker asked if the bond required installation of improvements prior to additional construction. Mr. Rougeau replied that there are lien agreements which require installation prior to construction, however it was his opinion that this applicant had a 12-month bond. Commissioner Rempel stated that the improvements on Haven were the only ones he recalled being deferred by the Commission in its previous review. Further, normally these improvements would have been required prior to recordation of the final map. Mr. Salvati advised the Commission of the importance of the approval of the Conditional Use Permit to allow the installation of the trailers so that employees could begin work on August 2. He further advised that he would be • in the City offices the next day to sign the lien agreement extension. Chairman Stout asked Mr. Salvati to explain his position on the improvements and if he felt that the improvements on Center Avenue were necessary after the installation of the trailers. Mr. Salvati replied he did not feel them necessary at this time. Chairman Stout advised that the staff is recommending a 6-month extension to install the improvements and not 6 months to come back to the Commission for discussion. Mr. Salvati replied that the improvements would be put in upon construction of additional buildings. Further, he was not in a position to make a decision regarding the improvements, but did not see why the CUP could not be granted and then have the Commission call in the hands if the improvements were not installed in 6 months. Mr. Rougeau stated that the agreement would be for a 6-month extension at which time the applicant could apply for an additional extension. However, at that time, the extension could be denied and the City could call in the bonds. There were no further comments, therefore the public hearing was closed. Planning Commission Minutes -11- ,luly 27, 1983 • ao 8 l ~ Chairman Stout stated that he was not in favor of approving the Resolution for -. the C'JP unless it contained a requirement that t'ne street improvements be installed prior to occupancy of the trailers, Further, that the improvements should have been done a long Lime ago and did not see why the City should be subjected to the expense of calling in bonds, Commissioner Rempel stated that staff's proposal is a fair compromise for both the applicant and the City that the street improvements go in; however, did not feel an additional extension should be granted. Commissioner Mc Niel stated that approval of the Conditional Use Permit could be for 6 months and if the improvements are not installed in that time, the CUP could be revoked, Motion: Moved by Rempel, seconded by McKie 1, carried, to adopt Resolution 83-101 approving Conditional Use Permit 83-11 with an amendment to Planning Division condition one to read that the temporary trailers are approved for 6 months, and the inclusion of an Engineer in9 condition to read: "Prior to occupancy, application for an Improvement Agreement extension shall he submitted". AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, JUAREZ NOES: COMMISSIONERS: STOUT ABSENT: COMMISSIONERS: NONE -carried- Chairman Stout voted no for Drev ious ly stated reasons. Edward Hopson, Assistant City Attorney, advised that the decision of the Planning Commission is appealable to the City Council, • • * ~ R 0. DEVELOPMENT COOE Rick Gomez, City Planner, present a report and meeting schedule to the Commission. It was the consensus of the Commission that the o wing meeting dates be established for the review of the Or aft Oeve topment Co August 16, September 6, September 20, October 4, and October 12. All ings will be Planning Commission Minutes -12- July 27, 1983 ~,c 9 cer - x'93? \ a;¢ a - .B 'HE - r.NL: - - - xsc~ C'.cx~cx.;a, CAI:: oPa:x-apyPC'u:;c x~was :~VJHE Mxuct;o cucxMoscx azsvELC? =Nr xcEacY s. deceptance of Agreeaene for profass:onat ronscruction rv;ces f<r Ylc:pr[a ?:armed Coamunity Cy :i0tca 3eC roe:an, ovn Ff Hur=ar Enterprises. .. MSnor mncract Mod if SCa ::Fns-Any corps o! Enq:c rs eantrac: for Dec roatlpn Cevelopxenc ae CucaaOngar Oexew Channels. u. Ac<eo!anc< of gnnual suFFleaentary Malntena nce and aergency ]o-tract rereval vita lair! Cons truce:on. !btlmn: Moved by Ff<st, xconded ty senl< er to approve t„e .ans<nt Calendar. Motion ca,-G ed unanimously 5-G. tlA. OAIAOAMENTAL ASgESSMEIfT AND 201 CNAND6 83-03 - LEE. A change mf sore from A-i (LtaIDed dgr lculture) to -3 (Mmit1-Family 9emdentlal) Cor 1.93 acres Ff land located on the vest de of Vtneyard Avenue C<tveen Arwv Amute and F<otaill 9oulevaM - AP4 2 -211-2tl. Staff reparc Cy Mic nael Valrln, Senior Planner. TS[le of Ordinance Ya. 209 va read Ey Deputy CSty Clerk, 9everly aurae let. Ofl0' ANCE N0. 209 (f!nt reaeing) • A4 CPC::: xiG T`E LI".Y CO L9Cri CF THE CI'.Y ^O PA NCMO CJ~xMC.`:G A, C -O P,a IA, HE20NINO gSSESSCP's PA°,___ :1 L'M9c4 20]-21!-2 u. .GCaTEC ]`I .:- '.csr si.E OF YiN`YAPC T'waEA AflgC4 A00* aND FOOTHILL ACVLSVAPO FFCM A-t TO H-J, Mayor Mlkels op ed the nee ang for puCllc .;caring. Addrv ing Council vas: Ntl llaa .e, appllcar.t far the protect, slated he vas present to answer any pue 1Fns teat counctl say nave. There C ng no fur tiler response from the puElic, Mayer MSke1s closed the Ibt n: MOVed Cy scnlFSaer, seconded 7y Frost to valve full read icg Of _ Or ranee No. 209. Mot lan cafrled unani mmualy 5-0. ypr M!ke la set se<onC reading for SeptemC er 21, 1983• ' tlB. APPEAL OP PLANNING COMMISSION DP,Cts ION f-0NDIT ICNAL 0.56 PERMIT B -1 DATA OPS SCN, ADFea: of P:ann:cg Ccnp:ss:cn de<is:o r. fOr the :emp^rary D1ac¢c_n: Ff rvY0 square lost Ft.'lFe :rakers on 1.3 acres of iacd :a contunc ::Fn vl~ ~ an exis::n; aana.`a<tu r:n; ."a ¢vt:may to :he M-a reser:::=C ma mcfam Lrt -.;) aF re :seated a: r9'S Cent¢r AvM Ue - APA :G47-+O:-09. Staff repmr: ", .a.".a=1 ':a;r:a, yen: or P:ann¢r. Mayor Mlkels Fened ehe nee b ng fcr puC::F heart,.^.g. ACCros r.ng Ca~nrll vas: tom 9elsker, ?rea:lenr o.` Oata Ce st gO spore [F rtes. Mr. Eeisger sta teC Nh¢n :hey F:;rie] a orlglnal agreese.^.t, (p vas ;h¢:- under tarC:;.3 :he atre e! ::^rov=-•r.s^vmuL take place at such e:me as :ne next Cw:d:n3 on the Fn Ferty vco!C to Cula. AC Coat tlae they Cld expect to Oul Bvlld:ng + of atcut YO,OGO square feet and were Discoing to put in t~ aio '<pteaper ' 'F3? pa;. 9 • s: re e: v r e<ns. grapes c _. _....: aa:ed :. a;re__ .. ^ + c a :n Eefaul: of:er vo Y<an ..r.t eon an ex:em:pr. tf .:me ca gra,^,c<C c vhes y ;et the exvnn!an agreevm c, :hey fe l: :..".e agreexent voulC "e e ela teE : a build!n; pen it and '+hen they bui:: :he nett put1d 1n3 :hvs increassng :he eraf[!c Cov, then the street iaprevemanea +ou:d be nes<aaa ry. ^.e% ^.a ve ncv coved a bun loos in a[ Chia lDCatton. .bey v aEE!n3 - ^ 25 e¢'rlnYeea tote c.`.e area. It Ss !mpoaaible t _ove up vit^. a lu is acs plan and tuild vL'nin the next six aontCa. Tn<y are act sure the pm:cev they are brtn;ing in will vor¢ out. ganchc Cucamonga has Ceen vi:::c; :n the Fasc to oK<r a Cempary a temporary type penit to see iC ehe t chew in gulag tp work out. Therefore. they vere reeueeting a tree ex:ens:on anE :p tEe the imp rnveaeab on Center avenue to the t.ae they cove ... +: _.. the bv!:Ciag Peraa a. There being no further response frog the puCl: c, Mayor Ytkela c.os e. :he publ!c hear!ng. Mr. Buquet a¢ked how long DDL has Ceen Chere. Mr. g<lneker stated since ~96g. Mr. Dahl stated It nan Ceen ehe policy of the City Coat whenever ve have a [expo ra ry [taller, ve vve rcquented ehe nlte iaprovemen!n. as examples, Eap:re Sank and the gapttnc LTUrch an 19th Street. Ne vas none ernM when a buai aenamn n[aced [ha[ chin may be a temporary thing. Ne Vmndera chat will happen 1f tn!n CunSnean nnauld fall. He stated he vou10 uDho1O the Planr.i ng Co®aanlan'n decision Dn th SS. • Mr. 3uque: nta!ed GnHe nSten vere at mJor Intenen Llodn. Be nald !n<1'e vere a lot bf bunlhe men Coat coulE come forward and nay 0..^.a: !hey alg,^,: nn; be arounE to :h tee yarn. There ''+ou1E De 2g aEd it iDnal Darn and wood erect vhe 0.^,er these reai:y would repmro ex:ev ive iaproveaenp ncv. Ne vculd like 'a 3:ve the app::_a ne the poop: tansy to put in the ucitn. Mr. Dahl atatee the lmprovem<n[a req vied ac Yineyar". Sank vas sac exat ::y at an tntenec lion. 1Tls van a polo[ at vClch a precedent has Ceen net. He felt Coat vnen the agreements vere mde in the lien[ place, everyone vas act L-g In good faf:h. I[ ve set a Precedent, St could be dangerous far the Cuture. Mr, gc h: mser Concurred vt t.^. 4r. 9uquet's pos Rlon. Ne s[a [ed that l .~ AaE wt received a pe nit for an tf[SCe :railer vnen ^e first came co tor,,, hie I company ueuld not be employing 200 Deople today. f// t~/;gyp ~~r !~l1 f~~n;/~%i/0+17 Motion: [loved Cy Scnlo vet tp grant the two-year ex:ensi:v. r ~ ~ f f Wyvr 4lkeln ntateE the min Snme In tie conE1L'om of approva: cv :.^.e ~ ~•~ original penP vhlth vvn't compl:ee oath. Ths Ss a precedent Gnat ~' set f• 1 ' ~ . /, • ~ ` you l] crov:de some se rtbm prab:ems In the fa[u n. YDV v< have a tee :D S, f ~.f C, [Etcher a_.tan to valve the requirement for the SaDroveme r.ts and a ntecd :. . •~ ~ ~ O+RSe. . Var: r.a state^. :he Ctanc:: tour: exteDd t9n agreexent ~.p se • lapr;v n^^.:s .' rice tf :: xe of :vo Yean. Ceune is cannot nv::,a o:d the a;r°°'^': s a say you den': have a bu::d sea anti: :he Cui:d:ng,c vtre firs: t.... e .hu s tecaase of the vay t^.e yap vas floc conC aline :~. Mayor v s:a as'+e1 Yr. 9e aek<r if ne underntoeE. To reacve the reeutreaentn [pr .. .. ., apt^'n. menu 'a.^.:ch were a ttnEl Can DC original approva: v u:] neu;r< a new •pub L't ".eartng be Pore the Plano:..^.g Com¢insion and attoa::y cnangic; the MaD• Count ll ^,an the au!ntrtty to <xCeM the CondlC Drs Ff apD r. va: and ;rant an ex:e rs:Cn an the temporary fac!lit:en uD to two yea n. Sn :vp years the Sreet Improveaenb would need to Ce in and the trailers removed. d// -ptemper ', '33y ?ag^ ~ 9e:]Eker ]rated he uvCere%cod r. Lam rtacse L",ac 1f 1! :•a de]:re t0 exl end the :aproveaen: Agreement, there :] al]o a ne edycta•requeac concurr<..^.ce on ratan ]:on Cf cu menc tonC]. when you extend t for "x" mount of t1x, you vane !a vaxe certain the rood] 411: cover [ha [,~ Yr. Lam ]uamaftxetl the actlcn Co b< Caken :hat if LqunC 11 '4iahea !: allcv a greater length of aurae for the [rai:era, then Council ]hoc ld grant " " count Of L'me for the !rat ten. If Couccvl 41]he] the street !eproveaenex<xtended for " amount of rise, then Cpunca ]hoc ld approve an ex!en]SCn a :.he I mprovemene Agreement Cor that p<rloe of rise, and g<C concurrence .•rom t..e applicant chat he will Doet :'-ds [e cover the co]t of the extenaton. DL]cuaaion fmllo4etl by cou nc:- regarCtrg this Svu<. 3uq uet a]'ked the city attorney 1f there vas a way that if an agreement 1] 0ad< EatvGGn th! CSCY dnd Cn< CoOpanY dnd G11oU1d dlVG1000en[ 'JC C'Jf %0 Lh< north or ]ouch before the tw year petted, coat ve could r<quert the Smprovem<nt] to b< put in with the other tlevelopment. Mr. Dougherty responded this could he made a condltlon. there should be a fixed mamlaum pe rlad of time set and this could Da termSnated upsn a sooner evene. Yr. 9etseker stated he understood tha[ Sf a tlevelopment north or south occurred, Chey would be 411 L.ng to etltl to Lhe agreea<nt Cha[ at that Liae the COYIIC II COU ld Cd11 (Of [hG laprOVeOln[a to b! made 41C Y,ln th9 two Yedf LSmG• Ifdae. Ibtton: Moved CY Schlosser, seconded ty Buquet La grant the extev l0n .`- tvo year pertgd; regUln ne4 tondo to po]ted~ and cone S::hh the Iaproveae nc Agree .9n% that if anY 'evelc oven[ OCCI:n In rte too year pGrlOtli then LhG agreemenea could De called. Motlxn tarn ee una nlaou]1y 5-J. report :y Janine avane presented ]calf Mr. flaufi eau ]rate hat the Planr.lrg Commtss tan did rot have the author ty to gent the poscponeme therefor!, the appeal had to come before %he City Count tl. Mayor MSke:a opened the aeetln "Cr puhllc hearing. ACC reeeing Counca: vas: Janine nbbetc], acting In teh f of her father who was owner of the property, stated the Saprovement] C. 'kllaon (] already qu rte destr8 tie anA to make the requ Sr ed Saproveaent] r1 t vw would to a detrf rent. ..^.ey Mdnted [a e<Car Lh l] unL:1 CnB Of th! a dC C.^.L pl<CC9 oC pf OD9r::?3 ~+... d evelpped. There to L:g na Cur Cher ro pe nse ffcv the pupa., yor elkeis c:qs<'. .,.e puhllc .,`.eating. Ibilmn: ~`bved CY Dap:, second=] LY 3chlvv er !c uph ;:: ae ea: aM !..<CC ]ta if :] develop :.".e apDrppr:a to !ten ogre=sent for sutseq~ nt appr4va :. Motion tattled uhan:¢oualy 5-0. YD. ML5108 tCAl. LANDMARg p85iCMAtIDN P9fl fl.D. f1)USIMS fl00S8 fCM TMAS 808). Star( report presen:ed Oy 3::1 Holiey, Comaunl%y ie rv:ces J:rec:q Mayor Mlkel] opened the nee!tng ..^pr Dut 11C hearing. The r< to log no r<s DCnae the put L: hea n n3 wa] ClcaeC. (Dwnen oC the house were not prcsenU. 1 ~ , ~~ • RESOLUTION .JO. 33-101 A RESOLUTION OF THE RANCHO CU CA~fONGA PLANfII NG COMMISSIOtJ APPROVING CONDITIONAL USE PERMIT N0. 83-11 FOR TWO TEMPORARY TRAILERS AT DATA-DESIGN LA80RATORIES LOCATED AT 7911 CENTER AVENUE IN THE M-R-T ZONE WHEREAS, on the 8th day of Ou ly, 1983, a complete application was filed by Data-Design Laboratories for review of the above-described project; and WHEREAS, on the 27th day of 3u ly, 1983, the Rancho Cucamonga Planning Commission held a public hearing to consider the above-described project. NO'W, THEREFORE, the Rancho Cucamonga Planning Comm ssion resolved as follows: SECTION 1: That the following findings can/cannot be met: 1. That the proposed use is in accord with the General Plan, and the purposes of the zone in which the use is proposed; and 2. That the proposed use, together with the conditions • applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injuricus to properties or improvements in the vicinity; and 3. That the proposed use wi it comply with each of the applicable provisions of the Zoning Ordinance. SECTION 2: That Conditional Use Permit No. 83-11 is approved suhject to the o awing conditions: PLANNING DIVISION 1. The temporary trailers are aDProved for a six (6) y„~, g month period from the date of occupancy, unless CC c~/Vh extended by the Planning Commission. However, if ~ 7'27- $S the trailers are not occupied within six (6) months this approval shalt become null and void, unless extended by the Planning Commission. 2. Development of the permanent building shall be completed and ready for occupancy, or the trailers shall be removed prior to expiration of the Conditional Use Permit. [J ~/3 Resolution t;c. ~3-'^. ~ Page 2 1 U ENGINEERING OIVISIO^i 3. Prior to occupancy an application for an improvement agreement extension of siz (6) months shall be submitted. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1983. THE CITY OF RANCHO CUCAMONGA BY ATTES on I, JACK LAM, Secretary of the Planning Conission 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 27th day of July, 1983, 6y the following vote-to-wit: AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, JUAREZ NOES: COMMISSIONERS: STOUT RBSENT: COMMISSIONERS: NONE l J s ~iy • * k # J. CDHDITIDNAL USE PERMIT 83-11 - DATA DESIG3 -Review and consideration of a time extension and conditions of approval for two temporary office trailers located at 7915 Center Avenue. Dan Coleman, Senior Planner, reviewed the staff report. Chairman Stout opened the public hearing. Dom Salvati, representing Data Design, stated that it had always been Data Design's intent to install the street improvements and they had begun soliciting bids this week and hoped to have the improvements on Center Avenue and the interior street completed within sixty days. Further, regarding the permanent building, Mr. Salvati stated that Si ltron had been moved from Gardenia two years ago to try to improve their position. He stated that Data Design had invested a lot of time and money in Sittron on developing new products and had recently put in a new management team, which Data Design felt would place Sittron in a turn-around position. He advised that Data Design did not feet that the economic condition of Siltron warranted the construction of a permanent building at this time, but hoped to be in a better position in two years. Mr. Salvati stated that Data Design had been in the community for 17 years and felt that they were a good corporate citizen. He additionally stated that there had been a misunderstanding between Data Design and the City because Data Design was not aware that the street improvements had to be • installed within the two year period from the original subdivision date, but thought that the next time a building was constructed, Center Avenue and the interior street would be required to be constructed. He advised that this extension is needed in order for Data Design to continue to operate. Commissioner Barker asked if new bonds were posted. Mr. Salvati replied that they were. Jack Lam, Conmlunity Development Director, stated that as he understood new bonds were not posted. He advised that when the City Council granted the two year period for the trailers, the applicant also requested an extension on the street improvements. The City Council approved that request on the condition that new street improvement agreements be expended and required the posting of new bonds. However, staff has no records of new bonds being posted. Mr. Salvati stated that after Council's approval new documents had been signed and Data Design had continued paying for bonds. Barrye Hanson,.Sen for Civit Engineer, stated that the City has a record of the old bonds; however, does not have record of the posting of new ones. He advised that the applicant might be paying premiums on the previous hoods. Mr. Salvati stated that he could meet with City staff to resolve this issue. Planning Commission ,Minutes -5- July 24, 1985 x/s Chairman Stout asked if the two year completion date for the new building was • based on some type of financial projection. Mr. Salvati replied that due to the introduction of new products and change in management, Data Design felt that Siltron was on its way to economic recovery and that in a two year period a permanent building would he warranted. Chairman Stout asked what guarantee the City would have that the permanent building would be constructed within the next two years, given that it hadn't been constructed within the past two years per terms of the conditions of approval. Mr. Salvati replied that either Siltron would have improved economically within that time Der iod, or a decision would have to be made to close Siltron. He advised that Data Design's home office, engineering service group and Sierra Provisions are also housed at this site and if their economic conditions continue to improve, they could be housed in the permanent building. Commissioner Mcfl iel asked Mr. Salvati if he received a copy of the City Council minutes of September 7, 1983. Mr. Savati replied that he had received the minutes. There were no further comments, therefore the public hearing was tlos ed. Commissioner McNiel stated that the City has been very liberal in this • situation and would agree with staff that if a Lime extension is granted, the improvements have to be done and plans submitted within 90 days. Commissioner Barker stated that it is frustrating when very small businesses come into the City and make a sincere effort to comply with the rules of the Commission or City Council and they make an attempt to function in the best interest of the community even though compliance increases their overhead. Additionally, that Data Design wants to maintain as low overhead as possible to enable a company that has operated at a loss far two years make a profit in another two years. He advised that as far as he was concerned, there was not a lot of question on the issue because the minutes of the City Council meeting clearly stated the Council's intent that in two years the street improvements would have to be put in and the trailers removed. Additionally, the minutes reflected the Cfty Council's requirement that new bonds had to be posted and the Improvement Agreement conditioned that if any development occurred within the two year period, the bonds could be called. He advised that he would not be inclined to vote in favor of this extension and if the other Commissioners were not so inclined, would strongly suggest a limit of 60 days. Planning Commission Minutes -6- ,luly 24, 1985 • .2/ ~ Commissioner Chitiea stated that she could appreciate a business having trouble getting started, but if this business is not operating at a profit now, she would have a difficult time understanding how they are going to construct a building in two years. She advised that the street improvements should have been completed before this time extension request came hef ore the Commission. Chairman Stout stated Lhat the improvements were to have been done in 1981; however, the agreement was so poorly drafted the City was unable to enforce it He advised Lhat Data Design came back to the City in 1983 indicating they didn`t know they had to put the street improvements in and it was made quite clear at that time they had to do so. Addit zonally, when Data Design came hef ore the Commission in 1983, he was against an extension, but the Commission grated them a 6 month extension with the idea in mind that if the street improvements were installed within 6 months, the applicant could then request an appropriate extension on the temporary trailers. This decision was appealed 6y the applicant to the City Council, and the time limit was changed to two years. He further stated that to ratify this situation is Slapping the face of every applicant who has had conditions placed on their project and faithfully complied with them. He Stated that he would not 6e in favor of an applicant who doesn't keep his word after hav in9 been told several times; therefore, would 6e in favor of denying the request thus allowing the CUP to expire. Commissioner McN iel stated that he agreed with most of the Chairman's comments; however, would he inclined to grant an extension but on a very restrictive basis. Commissioner Barker stated that in any other situation, he might be inclined to agree, but in this particular case the City had been down this path hef ore. Jack Lam, Community Development Director, advised that the street issue could become independent of the trailer issue because the street improvements are a condition of the parcel map. He stated that the City Council extended the time period for the street improvements subject to the submitting of new bonds and the signing of a new improvement agreement. He further advised that the debate of posting new bonds was the issue of whether Data Design's 1981 improvement plans must be brought into compliance with 1985 standards. Further, that if the improvement agreement has expired and new bonds have not been posted, Data Design must submit improvement plans that are subject to 1985 standards, Additionally, the trailers were a separate issue and brought before the City in 1983. Chairman Stout pointed out ih at Oata Design had approached the C1ty in 1983 because they had already moved the trailers on the property, without permission from the City, and urgently needed a CUP because people were scheduled to begin work the following Monday. Planning Commission Minutes -7- July 24, 1985 ~ r7 Commissioner Chitiea stated that if the parent company had been operating at a profit, it seemed that they could have made good on their word. Further, that • she didn't see how the Commission could allow this situation to continue; therefore, would he in favor of denial. James Markman, City Attorney, suggested mod i`ications to the Resolution to reflect denial. Motion: Moved by Barker, seconded by Chitiea, to modify the Resolution by changing the title from approving to denying;, Section 1 modified to state tha*. the following findings cannot be made; Section 2 modified to state that the extension of Conditional Use Permit 83-11 is denied; and the striking of Section 3. Motion carried by the following vote: AYES: COMMISSIONERS: BARKER, CHITIEA, MCN IEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: REMP EL -carried x + * . . irman Stout announced that the following items were related and w d be hea concurrently. K. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 85-02 ISHIi - The Development of a one-story church and associated sma storage buildings • totaling x'4,740 sq. ft. on 3.88 acres in the Very Low Residential District (less than 2`du/ac) located on the northwest corner of Haven Avenue and Hillside -APN 201-101-021. L. ENVIRONMENTAL ASSESSMENT AND PARCEL MAP 9064 ~ ruuucu nF ruc iarrco nev ~r uvia - r oivision of 4.24 acres of land into parcels in the Very Low Residential District (less than 2 du/ac) located on the northwest corner of Hillside Road and Haven Avenue - APN 201-101-27. i' Howard Fields, Assistant Planner, reviewed the staff report. Chairman Stout opened the public hearing. ' i' \ Ron Ishii stated that he had worked with the~~Design Review Committee, City staff and the church on the roof design and advised that the Church felt that the elevation with the additional roof treatment didn't add to the particular design concept or solve the concern of the massive roof. He advised that a Spanish concrete the had been added, Lhe slope of the roof increased and simplified from~a hip to a gable design. ~ i \\ Planning Commission Minutes -8- July 24, 19 • ~iY C TORT"l t ~ttcT~S 17N~~ ~' ~z ~5 r~.,~-:~ti;:c, t~l~ isio~ ~~~~~ i~~t a~~ G a.r9 CITY OF RdSCHO CtiCA.lIOSG.~ STAFF REPORT GATE: September 4, 1985 T0: City Council and City Man goer FROM: Lloyd B. Hu bbs, City Engineer BY: Linda Beek, Engieering Technician o~~vsr°t `O'ff C9 2L~ ) n, K.' A. ? ! ~Y~ F Ih 19i~ SUBJ'eCT: Approval of Improvement Agreement and Improvement Security for Tract 11915 located on the southeast corner of Turner Avenue and Arrow Highway submitted by Robertson Homes Tract 11915-2 was approved by the Planning Commission on June 12, 1985, for the division of 10.7 acres into 1 lot in the Medium Residential Development District located on the southeast corner of Turner Avenue and Arrow Highway. The Developer, Robertson Homes is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $188,000.00 Labor and Material Bond: $ 94,OOO.C0 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. &R.z have also been approved by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract 11915, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to retard. :jag Attachments pRIGiVAL CITY Of RANCNU CUCAMONGA IMPROVEMENT AGREEMENT fON TR 11915 KaOU ALL NER 9Y iNEEE PRESENTS: that this agreement is made and entered into, in conformance with th2 provfsions p( the Send rvizion Map Act of the State of California, end of [he app;icable Ordsnances o/ the City of Rancho Cuc ainonga, California, a man wipal <orpurat fora, ray and between said City, hereinafter ret tr red to 15 the City, and Robertson Nomes herernaf ter referred to a5 the eve oiler. NIinESSE 711: T xA i, sNEREAS, said Oeve toper desires to devxlop certain real property In said City az shown on the _pntl)[lan ally ail Dr raved 5ubdi•rision known ds TR 1191$ ~ and NNEREAS, iota City has est aol isned ce.r[ain requirements [o be me[ by Said pevelop er as pr?rxquisrte Id approval of said subdsvi sign generally located •t on the SEC of Turner av e0u,: nd Arr __ NO'A, TNEREFOq E, it is hereby agreetl ty said City and by sdld DCV¢lOp Cf di fOIIOMS: 1, the Developer he rely agr exs to construct a[ Developer's expense all improv ement5 desert n¢d on Page 6 here- of within twelve months fran the effective date hereof. 2. This agreement shall be effective on the da [x of the resolution of the Council of said Cily approving tAis agreement. This agreement shall be in default on the day f~llow- ing [he first ann tver nary date of zaitl approval unlxss an ext¢n- sion 0( time has Oeen granted by sold City as hereinafter proviO- ee, 1, The Developer may request an extension of [Lne to complete the terms hereof. Such request shall be sutmitt ed to the City in writing hop less than 70 days before [he exp v i[ion Date hereot, and shall contain a sea tem xnt dF circ um;t antes necessitating the extension of tine. the City shall have the right [o review the provisions of [his agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments roerein i/ any substantial change has Occurred during the term hereof. 9. t( the Developer fails ar neglects to comply with the provisions o/ this agreem ent, the City shall have the right at any time to cause said provisions to De met by any lawful means, and thereupon recover from [he OevelaDer and/Or his surety the full cast and exD erase thew rred. 5. The Developer shall provide metered water Service to each lot of said devxlop r.,e n[ in accord an c¢ with the regulations, schedules, and tees of the Cucamonga Ccun :y Nater District. 6. ine Oev¢Ipppr shall be re spons ~blx far reD la[~~men[, relocation, or removal of an/ cam ponent of any irrigalimi .rater f ysten sn conf Let with construction df required improv emtn [s to the satisfaction of the Lity Engineer and the owner of such water f yStCm. -t- tree is and Cann/InA. D.M. 7, ImDrovxmpn[s rega~rdd to De constructed Shall confarn [a the $tannenl Drawn gs anJ Stanoare SD ec [f',<a[[ons of the Ci[y. and to the ;mprpvement Plan app rove) Dy and on file in the ~irf ~co of the City Enyinexr, Sail lmpr n•re men t5 ar=. :a6 ula[ad on the Lgni[r u<t10n dqJ yUgd Fs[la~~lx, hcrxby incprpara[ad an Dd92 r~ hCr2Jf, d5 takCn fr0'.A [ht ImproV V'rt•20L Dl dr•S 1\SttlJ t9¢r:On by nwnber. The Deve inper Shall also be. re spcnitbld for v'on',[ruc- (ion Of any tr aniit[ons or other [ncident al wo r'k hx yp ml my tract Oounean zs as needed (Or saf?ty and proper sort arx Jr'n page. Error; or ommiss ions d~scavpred tl~n ng epn;tr aeon she i b.e cprrpc[¢tl uDOn thx d[rectian of the City Eng~, nezr, RavisxJ cork day t0 ;d,d Dlan rod if ;c dt~nns shall be dovyre0 cy the prpv[;ions of tD a aqr e?men: and secured Dy [ne surx ty cove rln9 the pr aglnal plat meJ we res. d. Canstrvct~on per mia ;hall ae ob[a'~n^_d Dy (Oe Oxvelnper from the office pi tnx city Engineer pr nor :o start pf work; all re g'u!d(tpns itst2d thereon shall De observed, with a:(en UOn given to sai2ty proCe lures, cOntrcl of dos(, nnl~,e, or q[h¢r nuisan:x to the are z, and to pr op2r no[ificat~on et public ut~li[izs and LS ty Cepart~ent s, fail ere [d coupl'i wi Ui [his Sec[lon Shall bt SuhjCl'( Lo (h¢ pen i14t25 p^CVI tl_d Cnxf¢fOr. 9. TFe Oevelnpyr shall be re spOnsi^.le for rrna, ai of all loose roc'cs and other tle br is from publ~. rights-Of -..ay a[in,n Or adja~r.ing Said level >pmgnt resalt[ng from work relative :0 Shcd f1CVCib pm Cnf. l0. Nork done within exist [ng streets sDati Dp diligently pursu2tl to completion; (ne Li ty sna11 have thr. right to complete any anJ all work an the event of unj ust lffed delay in comPlet~on, anJ to recover all Cost and expensx incurred from the Oev¢lppyr and/or his contractor Dy any lawful me an3. 11. Sa[d Developer sDail a( all times foitow ing dedica- tion of [ne streets and easements in Bald saD idivision, uo tp the comp la[ion and acce Dtance of said work or improv ¢n,ent by saitl Litt' Council, give good and adequate warnf ng [o the traveling pu01 w of each and every dangerous cpnd[ti0n exiStx nt in Sail sir 2e[ or easement, and hill pr oteci tAe tr aveliny public from such defective Or dan0er0 us conditions. Dn[il the completion of all improvements, here[n incerpor ated on Page 6 tp De performed, earn of saltl i[r ee is not accepted as improvements shall be under the charge of said Devela Der. Said Developer may close all or a portion of any street subject [b the conditions Coot ained in a temporary street clO SUre permit, issual by the (sty En 9lnexr, whenever a[ 55 necessary <a protect tot public dprang the cpnstrection 0( the inpr pvf menu herxin egr eel to De made. 12, Parkway trees required tp be planted shall De planted by the Developer after other impr ov e~n¢nt work, grading and cleanup has Deen completed. Planting shall be done as provtdea Oy Ordinance in accordance with tn¢ planting diagram approved Oy the City Community Development Director. The Developer shall be re:pon siDle for maintaining all trees planted in good qe al to until the end of the guzranteetl naintenance period, or for one year of t¢r D1anU ng, wDicne.er is later, 17. The Developer is re spOnsib ix for meefin9 ali cOndi- tlons C5[aDl iSnCJ by th¢ CitY parsuanl t0 [he $u bdiv [Sion -2- Nap Act, City DrJlarces, anJ Cols agreement for the tle vwlUpmen:, and (or [De moans enance o/ all Improvem Jb[5 constr uc :zJ thzreunJer until the Imo rovz:nen: is accepted tar main[ enance ny the CI[y, antl nU Imprevcmznt seen ty arovtJeC ha relnwltn ;ball De relb aszd DefUre sv2n acczGtJnce unless others sz pray', ued anJ au[han tea by tnc hty Ccunctl cf the City. 19. ihls agrCCmznt steal; no[ [erminUtz until [he maintenance 9ua root?e sa can cy he rcln d(ter desv lG?tl na. Deen released by the City, or unn I a sea ayrzen.2n[ too e[Gar wi:n the required improvemCnt security has Gu en suo~nl Ued [o the Ci[y by a auc cessnr [o the hereto nameE, and by re solutlar. or Ci[y Council same nos Deen acceptz d, anc Cols Jy'r zC.^ent rsnJ the improvCment SeCUrttY fhBre (br ha5 ]2tn r21e:5C]. I5. The imOrbvCae r.: sx car rtY to b? f.rnisheJ py tEe Developer with this agreem en: shalt cJC;tst e' use 'ollow r.g Jnd shall be in a form accCptaple Oy [nC [a ty Atta rna y: A. To SC[c r? fal(tl(ul perf Jfa Jn'.e of th15 3gf t`nc?nt. 1. Gc nE Or pUnai Dy one pi more du iy' eul6o n led C ur poratz SYr2tlx; In [112 form and an n[ent speelltUd by Dover anent CatC Seca on 66~i 95. 1. 2. An Impr overtent Stcun [y In::rument 1n ti'e Corm and contznt soec lfteJ py [hC City Attorney. 3. A depcs u n fh ;hc Lit/ Uf monty pr ntgsu able pontes of [he kind approve) fJr secu nnq aeposlts of puDla< mor.le s. B, io secure IJbarers dnd na[enalnen: 1. A Da nc or ppnJS by one ar more Ealy autlm n led CnrpnrJtl• SYrtllIC1 In tt'/. (OrT dad JnlCll[ s pCClft2d b% lio\C rn gCOl CJJC $2<ttbn ho'i °'). I. 2. An Improvenenl $ecun ty ;nslnlment In [ba fprm dnd COn[tlll[ SV'-'<1f IBd by th[ City AflOrn[')'. ], A dpposlt wl:b hty of money pr negctlable ponds of [he kind apG rove] far securing [. A cash tleDCStt with the h [y :p guar an[ee paym Cnl py Lh¢ Developer to the engineer or surve yal wDOSa certificate appear; upon nm final Igap !Yr the setting of all Do and ar y, lU[ corner, anJ street center) one monuments Jnd for (1.rnashang cCnlerllne tie notCS [o [hC Clt )'. ih2 amcun[ of the peposh mey De any amoYnf certified by the enDanuer or surveyor as acce p:ae)¢ pa>a.ent in lull; or, if no value is submitted, [hz cash Oond shall De as shown on the Construe U Un and Bond Estimate cant ainea herein. Said cash deposit may De refunded as soon as proce- dure permits alter receipt Dy the City of the centerline tie notes and written assur:~ce of payment an /alt (rem the engtn Cer or surveyor. 0. The required bones and the principal amounts thereof are sxl (o rtn on page b of this agrpenien [. 16. the Developer warrants that [he improvements described in tbfs agreement shall be Tree from defeus in materials and workmanship. Any and all portions of the i.norove- oer.ts found to De be(2ct u'e wi[h1n one (I) year (olloatug the data on which the laprovements are d[cepted Dy the Lfty stall bC repaired or replace) by Developer tree o/ all charges to the City. The OevelnDCr shall furnish a main[ elan ce 9ua rontee Security In a sue equal to fen percent tips) of [he cons tru~tion -7- estlma to or 3200.00, wh`. chever Is gre aLer, IO securz thf fJitDf ul perfJrr„dncc of Jeve Toper's pCl :ga;ions as desLn EeE in tin: Ddra- grapn. Tne malnten ante gudrdntee seccnty snail also secure the faithful perfcrmance by [he 0evelup er of my ooli9at ron o/ [he De veloDer to d0 spCClf ifd wor< wI!h resDeCt ;o any yar k'x ay mdin[CndOCp d55 CS5~le0t d1T(r lc t. OnCP thQ :7I y"fVVYTPn [s haV¢ D2Pn aLC Cp[Pd dOd a mdlnl2ndgC P. gU Of an[p2 SeCUrI[y has bC Un dCCCptCd Oy the City, [he ether Improvement se can [y d+. stn Eed to this agr oe nant may be released provided that such release is otbCrxlse author:aed Dy the fDEd1VIL1011 ~Ndp 0.c[ and any dppl icab .; City O nlinanc^. l7. Tn a[ the Ca veloper shall ta',e out and ma in[ain such pual is Iidbi Lty and property damage in Burro nL¢ ds shdll protec! h'm and any fontractor or suD<ontractOr perfarmin0 worA covereu Dy thts dgreement frov claims /ur Droperty damages wnlLh may df :SC SCCdJ52 Of [Ile nd LU ri Of IEf eJf'[ Vf ffOm OpCr dLl ons UOd Pr this agreement, wEether such opera[:Oni be by hL-Self or Dy dny contractor or subcan!racter, or anyone dirCC[ly or indirectly ¢AplGyC1 L'J Sdtd pEf5005, fVC'1 ;nOd,]h SVCD .1 d.~d ges DP E0t CdVS Cd Dy [hC negligence of the Developer ar any con 4~actor or SuD ton[rac for or anyone employed Dy said persons. The pub? c IIaDI L[y anE property damage Insurance shall list the City as aOdilD ndl Insured and al rect ly oro[ect the Ct[y, its officers, aoen;s and empleytes, as well as the Ceve iopor, hfs con[r actors and hIS Boston[ ratters, and alt insurance pVlic les Issued hCre under shall so state, The msnlmum amounts of such ins ..ra nce sDdll Dc as falloxs: A. tpOlydC tar's liabil uy insaran ce providing DoEily injury or dea[D IiaEliity limits of not less [Da 5100,000 for each per sun an0 fI,00G, 000 for each accident or omurrdnce, and prooerty damag r. llaDil- ity limits of not less loan E100, 000 for eacn accl- dCr~t or occurrence with an agg regat¢ limit of f2S0, 000 for claims which may arise /rom [he opera- tions of the Oevelaper fn tha perfannance Of the xork nareln provided. 0. Putom Dolls liability insurance coverfng all vehicles use0 In 6he per Pormance of [his agreement providing Dodily tn;ury IiaDility limits of not less [Ilan 5200, 000 for eacn person and f100,uJ0 for eacn accident or occurrence, and property damage liablli`y limits of no[ less than 550, 000 for each accident or occurrence, with an a5gr¢ga[e of not less Lh an 5100, 000 wnich may an se from LhC upero- lions of the Developer pr his Con tr ac tar in Deff of ming the work praviJeJ for herein. 18. That before the exec u;ion Of tnis agreement, the Oeve toper shall lil¢ with [he City a certificate pr certif icat ¢s of insurance cOV¢•in9 the sped/led insurance. Each such certificate shall Dear an ¢ndorsemenL pre<ludicg the cance7latlons, Or reduction In coverage of any policy evl .fences Dy Such certl/lc ate, before the eapira[ion of thirty (1G) days df LCr Lfl¢ Clty SDill hdVe rPf¢IVCd poll/IC dLIUO Dy fCgr51¢f Cd nail from the fnsur ante tarn er. ~S Cvidencv of undCfStdnfiing the pf OVtsion5 COn;alneA hCrC1L, and Of intent to comDlY with sag e, the Subdivider has su Dmf :[ed the following Asst abed imG rovamen[ security, and has of fi+ud his S lgnJlUf L` flCff tO: .~ FP IT'dF UL PENFGRMANCE Type: Na:ae and J+d ress if sure tJ: RELIANCE ISSURi,::CE CO?•1P A::Y _oR rj~~ 1"n,^J' S:,Ci2hbtE::TO C.,. 91372 MATER fAL '..0 RrdCA P;~+Y. cvT P•rn:,Dal ;,mw'.; •. :0:•000 ryD?. Rene and addrass a; sure t,: RELi ASCE INSURANCE CO;iPAVY PO SOX 15901 SACRA:4ENT0 G. 95552 CAiH OEPOSIi xONIIMEN; aI ICv Pr ln.vc )' ,. •nJr:. 5 1.350 TYDe: Name Jnd iec re ss of ,ur?;y: HAINTE NAMLE GUraNBNi EE T1D•'--: Pr nv;,l:, ;l ., aunt: Pane anh addras> yf sur et Y: TO RE POSTED P6I OR 70 A[Ci PTnNC( OY TIIE CITY IN u'TNS$ rtE?EGf, [he par[les n¢'e'e hvt cau ••eu tease prevents [o V^ doll eeecu:ed anA ac <na.rled•1<d elt~l all l urna;l nes rey~lr^.e Uy a+ pn tL2 da[ set t..r to opJ~+s[;~ Ine.~ 5 )yna;ura _ G~:vrlapc~ Oal~ 1 ~S__ hY --~-~ -- ~l J6iN ERAEC~r'CI2°1l, VICE PRHS SDENT i ~Dr IntCJ Uavelpper Ga4 _____ ~J ~ ..... Acce pt eJ: +wn<~~~ ~M• ____ f.ity a! Rancho Luc amonga, COP.PORe110M I STATE OF CALSAN 1JOAQUIN `55 COON fY OF al, AUGUST 30 1985 ,n<m~r m<.m<una<,aeore.•r+our>Penl;<In.m for ~~a sula JOHN ERRECART • p<nor~ll) •PPrarrA f` p<namlly .no+n to m< (ol Prove Ic m< on Ina msn of uud_=nep 11 ~ tnl .+ y Mecnccllo he ln[ P<M1On w~0 cFCCUIrA In< Mlihlni VICE PRESIDENT ~ ROBERTSON HOidES A DIVIG ION .~,=,<~. x.-.c.~.x.<~=~ .n n<wr or -~ n OF CATWIL CORP. r'~ •~ ~^, ~'°' $U2r,lir,E f LE'f ua <nrynnonn mrrrmyam<a..nd .I~nowl<e•re to mr wlln<<orponoon 'n"'r,J'::,vl'u~l~r..ra'_~,a>ra e:«nl<all /) _ 7 sari ~cncu~rlcc'JuTr I C ~',' .' nr C •,-.T c~....r hIY I. 1994 NIT'E5n my Nne • INI ar.l "' ~r~ ymlun - J _ _.. „Il,..ro, r ~,n, rm•n., k., to a.caty [w ~~' C tiY Cf At.\LNO CLC:v!JNCi, EY InEEA:nG OIY.SIOn ENCROAC:YENT 'ltkwli fCE SCHEDULE :u- :npr>ve~.z^: : oG' Tvf:UC2 AND AR RO'J'}'.o N ~11 U!~ ~,{5 Ca^+: fl,'9 <i is rD Ut to cY; ' so ~ F-.~ r :'.e Aet trend: Cuy Jraw mg so. NOTE: 00<s not include c+rrrnt fee for vrt~tting permit or parerznt cepds its OJp.YT!T'/ I:NIT ITEM PRICE AYC'JVr (c F7 L.F. P,C.C. tuN - 12` C. F, 24^ S+aer ],25 q ¢I_ 5F L.F. i.C.C. cur> - b" C.F. 2c• qu a cr b,W ~~_ L.F. P.C.L. curo only r<TRAUZTUdS 5.50 14o L.F. A.L. Oen d,SJ ~j 'i~3Z S.f. 4° P,C.C. ztoewalk :.75 1"•<xb- S.F. Or1ve a%raa<h 2.SJ ~Ea~ b.F. 8' P.C.C. cress Sutter (inc. tun) J.cO C.Y. S[rect eacavatton L SO C.r. Import ea emoantment 1. SJ S. F. Preperatton >f su.9r oue 0.:5 ' i v9. 50 a4 S.f. Gusncd aSq. Dose lDtr loco to ick) 0.0J ~~ tq ]_ti TO'1 A.[. (over 17W tens) 27. JJ r~y/•51e- TOS A.C. (900 to 1300 tens) Ji.W TOti A.L. (SW [0 9G0 tons) 45, OJ TON A, C. under 500 tons) bO.LJ 24.-r zD S. f. A.C. (3" tM Cx) O.Si S, F. Paten A,C. (trencn) Lii _ S.f. I` tnitk A,C. or¢rlay 0. i0 _~ EA, AOJust sewer mtnn0ie to Sraee 2SJ.C0 IZ zr- EA, p0lust sa er dean wt [c grew 1W.W _ 4 EA. Ad Just waxer valves :o pract 75. CG Ir+o- _[~_ EA. Street lipnts :COL, OJ am+- L.F. Barr:cade5 (int Pr seC. 5500 min) I. CU _ L.F. 2 a A' red•o00 heater 1.75 yi,ICM S.f. Removal of A.C. pevement O.JA aTR S. In L.F. Aemoval Of P.C.C. taro ]. JO 9B9g- 2i~ L.F, gemovat of Av-euwlt Pry YAnNb 1. CU +_~5~, Jr EA. Rre et slSns 20.7. C: a.co- _ EA. AeYlec[a rs and Da sts 75, 9C L.F. [pncre [e Dlock wall 25. LO S.f. 0.etalning wall 20.60 TON Aipregate Dase 7.W C.Y. Conere ce st rue cores 42 i. G0 1oF L.f. l0^ RCP (200 Oi 25.Ou F944- L.F 24" ACP (1560 0) J9.C0 L.F. J6" 0.CP 20L0 D) a9.W Lf. /9. 0.CP (1200 0) 76.00 ~ EA. Catcn Das1n 4 4' 20W.C0 _ fA. Catcn Dasln N 8' 240G.J0 t EA. Catch Oestn it,f 22' 4500.W Mury- ~ EA. Local depress lde 4' 5W .C0 _ ~ EA. Local depression 12+ 5T>Q- INI£ 1W0. CA loon L fA. T iv~.Nen-ft*veta+tY'IU. 8300. W 2c. o. _ EA. Out tet structure, Std 1506 i50C,W - EA. Out tet strut;are, Rd a507 500.00 _ EA. Guard posts a0.C0 L.i. 6uar0 panel (wad) 25.C0 L.F. Sawdut - .. ....:+ 2.00 ~_ EA. Headwall (49" wlnp) 4000.OJ ~- L,F. Redwood leader •L) :.; 1.75 S.F. LandsceDl nyy S Irr!~,)) .on 2.75 L,f. Rpll curo (P.C,C.) "'11 "~ .": ,U 7.50 ENGINEERING INSPECTION fEE SUB TOi7: f t25f:.6!{ . •flESTCRAiIG9/DE'.lNEAT ION CASN COnT!NG EM:Y COSTS DEPOCIL (AEfUNOACIE) FAITHFUL PEAFL2";II CE 9080 (10C%) iL NONUMENiATION SURETY ([ASH) lABOA ANO NATE0. h4 90N0 (SOY) ~~ •Puriuant t0 Ctty df gancn0 [ucaomga Nun tclpal Code, Ttt le (, Cnapter 1.09, Wopti ng San &rnardlno County Cale Tltl<s, CnaDters 1.5, a cash rtstdrauon/deltn<a[lOn aepos It :MII be ~.de prior to Issuarl<e of an EnSlneerlny Construe n on Perorc, SUSDiYi SIDY nI1cR:NiE'c ND PERf CRYAtiCE (SER I:IG DF flanE 9D NUMENiS) City Ccunc,l City of Nanc r.o GtaaonnJ P. 0. Ooa 30J Rancho Cuc :conga, C:11. ornla q:7i0 4en U2men Pur :van; ;o Cha;;ar :.r;:ct: 9, 52c;iop fioa?7 of :r.e 4over m:znt Code, the vr.Jers :gd2J h2 rz ~/ Llr2^.; [ha; all ~aa.^.cnen;i :houn an the (,ndl nom pf TP I3D15-2 are :p De set and fYrp lsn2: )~ ::.v al'/IJ2r'i Ln]{(l i°_r Or Sur'!°_yJr On Or before September 19tl5 ds spetlf le, fn the Englne+. r•: ar av r:. ynr's ~z': :: ulci anJ aq tees to (urn,sh :ne 0u[<: [112fPnn [0 CO-:i t_ dll tf.a .^.c^_rlnq r2Gulrf T?OtS Sp¢Ctf ad In $¢C[:Jn dpag7, Oi Lhi Ga'Iifn :le n; iJd2. The end arc nned banns ynu he rewtth [ne :um of 5 3.250 as d Cdsn CC pOS It, Sald '.12 p0S:; IO gVardn[22 [ndI [h2 AJnu4t¢n :$ will Le itl and ine no[2s fprn,ahed as aDOVe proviJed on or b¢(OfC [hi dJ[L spec iflec dOd [bdt [nC znSlne er Of fYr'IeyOr a,ll be Dald by [nz under :lgnz^_. it is further and erstmcu and ogreTd that 5n the event the undo ngned (ails m coaple [e ;he above rec uir^_nents althin the timr. speclried, the [icy of poncho Cucamonga is autncr feed [e complete Zdld recu,raments or <dps2 ahem to De completed and tll0 CO:C CnCrCe( IS t0 0! d Gnat qQ ]gdln5[ sdld CaSn d<pO51t, an0 C110 Ci [y of Rancho Cut a.aan5d is suthon ted to make [he necessary tr cosier (ram Sdid ca511 02p0 aC [0 ttl¢ [r20t[ fOr Lil! prUpCr Ci[f fund. IC is (urth2r agree) [ha[ if the undersi5ned 00et not Dresent evidence to thz City Cpvnc it that Ae has P+id the en.5 ineer or surveyor for the set[Ing of tnz final monunen cs, ana i( the dnglneer or curve ynr gives the notices pr¢scn ned in Section 66497 0( the Government [ode, the City shall D+Y r+ said engineer or sure yor, the cash deposit herein made. If the cost of completing said reGuirements exceeds the amount o/ the cash degas it, tA¢ uncle rsi?n2d agrezs to pay the Jiff erente within th,rty (10) days ai ter rece iving written itacement from the City of Nancho Cucamonga specifying the amount of the difference betaten tee cash deDOSit ana the actual cost of said requirements, Cor di Jlty, CORP ROBERTSON HOMES, A DIVISION OF CATWIi~Sub div ider 1003 Coolev Dr. 1F 102 Address Colton Ca. 92324 Dace August 30 r 1985 The depositer of retard (for return Of any Dort lDn of the cash deposit) shall he Namt AdJreti) NOTE: TO BE SUDMITT[0 fUllT FILLED OUT ARU SIGNED wnD nD z-+,_.~~_~, PREMIUM: =~.iva FAITIIF UL PERFORMANCE eOND NNEREAS, the City council of the City of Rancho Cucamonga, Stale of Cal if orn+a, and Robertson Homes, a division a/ Catwill Corporation (hereinafter designated as "principa l•) have entered into an agreement whereby prinn pal agrees to install and complete certain designated public 7m provements, which said agreement, dated 19B and Identlf fed as pr p,l ect Tract No.'s n+~ s Lereoy referred to and made a Dart hereof; and, RNEREAS, said principal is required under the terms of said agreement to furnish a bond for the laithf ul Derf orm ante of said agreement. Nd'N, THEREFORE, we fhe principal anO _ .. _ as surety, are held and firmly bountl unto t e t y of add aNy Cucamonga (here ina/[er called •CI[y"), in the Den al sum of ONE NL'NDRED r rrnT~ =r n+m mnn+ e:an nm•~vc (p lawf nl money of the Uri tea S[a[es, for the payment of whtc sum well one truly to be mane, we bind ourselves, our heirs, successors, executors and administr a[ors, Jpintly and severally, firmly by these presents. The condition a/ [his obligation is such that tf the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall In all [Dings si and to and abide by, and Weil and truly keep and perform the covenants, candid ors and provisions in the said agreement and any alterat ton thereof made as therein prpvl ded, an hfs or their part, to be kepi an0 performed et the time and 1n [he manner therein ipecif ted, and in ali res7ec is ace or tli ng to their [rue intent and mean inq, and shall indemnify and save harmless City, iti ofiic ers, agents and employees, as therein st ipula[ed, then this obligation shall became null and vofd; otherwise, It shall De and rem aln in full /orce and elfec t. As a Dart of the obligation secured hereby and in ad dttldn to the lace amount specfffed therefor, there shall De included costs and reasonable expenses and fees, including real arable attorney's tees, Incurred by City in successfully enforcing such abligatlon, all to be tared as casts and included 1n any Judgment rendered. Tne surety hereby stipulates one agrees that no change, ext enslon of time, alteration or adOitton to the terms of the agreement or to the Bork to he pe rf armed thereunder or the iDec1- /lcations ace ompanyin9 the same shall in anywise affect its obligations on this Dond, one 1t does h!rlby valve notice of any such cAan ge, extension of Lime, alter atlon dr add{ elan to the terms of the agreement dr to the work pr to the iDeci/1catlons. IN WITNESS NIIE REDf, this instrument has been duty executed by the e: intsaal and surety above nameO, on AnouSt ]. , 1^B' P.OBER'itUN HGCf.S, A Dtv15100 pf Cd[wfl EOrp. RF,Li Ai:Ci: iNSORANCC MNP n9P / 1~/ {surety) I I,~` ~-' Siyna[u rc) ~b ERREGART, VICC PPEStDENT Attorney- n-F net 011 Iy G. Bergdd PLEASE ATTA CII PORFR OF ATTORNEY TO ALL BONDS bIGNAiV0.E$ NUST BE NOTAftI2ED BONG ND. a-3?-to-33 LABOR AXB NATE0.fALNEN BO NO PPEMIUM Inc Laded YNE0.EA5, the Ctty Co uscll of the Clty of Rancho Cucamon9 a, State of Calif ornla, and Rbhertson Homes, a Otvfsion of Catslll Corpb roLton (neretnaf ter designated as 'prlncl pale) nave ent tree Into an agreement wher ehy princf pal agrees to Install and complete cart din designated pu hilt lmprovemen ts, rnlcn Bald agreement, dated 196 and (dent sf led as pro ect rect No.:: 1:; s nereby referred to and made apart hereof; and 4NE Rf AS, under the terms of said agreement, Drtnctpal is regal rcd before entering upon [he performance of [ne rork, to file a good and sufficient payment hood rl to the Ctty of Rancnb C uc aioan9a CO Seto re the Claims to rhscn reference 1i made In Title 15 (commen clog rite Section 3082) of Part d of Olvisldn 3 of the Clvtl [ode of [ne State of Callfornla. NOY, 1NEREFORE, said Drtnctpal and the and erslyned as a c brpbrate surety, ire ne 10 firmly hound unto the Clty of Rancho Cucamonga and all contractors, su hcon tr actors, laborers, mater al men and other persons employed In the performance of the aforesaid agreement and referred to 1n the aPoret old f. Dde of ~~ Ciril Procedure In the sum of ;::;r;y ~ppR ^ cs seo ^^~RS-- ------------- (f ga,noa. In ~nr slater l'i1i turn Ys`ned dr laoo~ thereon bf any kind, or for amounts due under the Unemployment Insurance Act with respect to taco stork or labor, that said surety will pay the same 1n an amount not exceeding the amount nerelnahove fdt forth, and else In case suit is brought upon this hood will Day In adds tlbn to the face amount thereof, costs and reasonable expenses and fees, Including reasonable attorney's tees, to tarred by Clty in suc<essTully enfdrtln9 such oblige ttmn, [o he awarded and flied by the Court, and to be taxed as costs and to be inc laded in the judgment they eln rendered. It Is nereby expressly stlDulat ed and agreed that this hood shall inure [o the he ref It of any and d11 persons, sompantes and corporations entitles to file claims under Title 15 (commencing rich Section 3082) of Part ~ bf Ofrlson ] of the Civtl Code, so as to give a right of action eo them or their usl9ns 1n any salt brought upon this bond. Should the condttlon of this bond be fully pert ormetl, then Cols obligation shall become null and void, otherwise It shall be an0 remifn In full farce and effect. TAe surety nereby stipulates anO agrees that no change, extenston or time, alter atlmn or addl tton to the terms d/ sod agreement or the sp eclf stations accompan yln9 the same shall In any manner affect its ohllgatton5 on CMs bond, and tt does nere- Oy waive notice of any such change, extenston, alteration or addition. ~ IN MITNESS NILE REOf, this instrument has been dal y executed by the nrincspat and surety aoove names, on AU GU Se 3n. \ 190 s '~ flDBfRT<.0!1 MOMES, A D1v151on of Cd tNll Eorp, RELIANC C. INSIIR \NCE COMRPNS ure[y ' ~ ~ i~,.~j~, ~S sgnaturc Attbr ne Y- n- ^. et JONI ;iiRG.Ak., 'IICL PRESIDENT 8i11Y G. Blr9:O PLEASE AT TACIT PO4EP OF ATTO0.XEY TO ALL 80MOS SI GXAT URCS MUST BE MDTARIZCD RESOLUTION N0. f09=04-12R A RESOL'JTI OPI OF THE CITY COUNCIL OF THE CITY OFRANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGRE E.'4ENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 11915 WHEREAS, the Tentative Map of Tract No. 11915 consisting of 1 lot, submitted by Robertson Homes, Subdivider, located on the southeast corner of Turner gvenue and Arrow Highway has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision tdap Ae.i of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Nap of said Tract said Subdivider has offered the Improvement Agreement submitted herewith far approval and execution 6y said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof 6y the City Attorney; and 3. That the offers for dedication and the Final Map delineating same 6e approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 4th day of September, 1985. AYES: NOES: ABSENT: on D. Mike s, Mayor ATTEST: lever y A. Aut he et, City Clerk I, BEVERLY A. AUT4ELET, CI T'f CLERK of the City gf 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, adj ourn edl meeting of said City Council held on the * day of *. 19**. Executed this * day of *, 19** at .Rancho Cucamonga, California. Beverly A. Au thelet, City Clerk jag I ~,D ATA -DESIGN L a G o r a t o r i e r P.o, e,z --, ]925 CEM1TEP AVEYLE CUCAMCYG A, CA LIFO RII'A 9t ]30 4 September 1985 To: Mayor and Members of the Rancho Cucamonga City Council From: Thomas C. Beiseker, President of Data-Design Laboratories Subject: Appeal of Planning Commission's Decision - Conditional Use Permit 83-11 - Data-!7esign - on appeal by the applicant of the Planning Commission's decision regarding Conditions of Approval relative to a time extension and two (2) temporary office trailers located at 7915 Center Avenue. Data-Design has reviewed the City of Rancho Cucamonga's Staff Report, dated September 4, 1985, with its four attachments. I£ the statements included therein were an accurate representation of Data-Design's attitude and actions, we could be moved to endorse the Planning Commission's decision. We believe that the Staff Report and the attachments inadvertently provide incorrect and/or misleading statements. In order, these are: Misleading. The statement in the Staff Report cover letter that the trailers are of "- - all-metal design and lack of landscaping are inconsistent with current Planning Commission policy regarding temporary structures". TI)is statement is misleading if the City Council is led to believe that all of Siltron is contained within tl)e two trailers. The trailers are situated in the parking lot of Building #3, the environs of which are landscaped beyond the requirements of the code and policies in effect at the time Building #3 was constructed and occupied. The two trailers provide 2,400 ft.Z of office space. Siltron also occupies 8,000 ft.2 of improved space in Building #3. Misleading. In the City of Rancho Cucamonga Memorandum dated August 6, 1965 from the Planning Commission, the Planning Commission cites two primary reasons for prohibiting temporary trailer type facilities: 1. "They allow unfair competition for reputable businesses that have invested in permanent facilities in our community; and", Data-Design is unaware of DATA-DESIGN LABORATORIES 4 September 19es Page Two any competitor that is manufacturing emergency lighting and power equipment in Rancho Cucamonga. 2. "They are aesthetically incompatible with the quality standards the community demands." Data-Design does not take issue with this state- ment as Data-Design's request is for a limited period of occupancy. Misleading. Last sentence of the third paragraph of page 1 of the above referenced document. "with respect to this particular applicant, the Planning Commission believes that the applicant has consistently dealt with the City in bad faith." (Emphasis added). Although there has existed some confusion on the issue of street improvements, it doesn't compare to those things Data-Design has done to assist the community. One example was the installation of an 8" water main up Center Avenue and the placing of full size fire hydrants outside of our fenced area principally to upgrade the fire protection to the residential community. Full sized hydrants within our complex were approved to provide the fire protection needed for Data-Design facilities. Incorrect. Third sentence of the fourth paragraph of page 1 of the above referenced document. "On July 27, 1983, the Planning Commission approved the two trailers for a six-month period with the condition that a permanent building be completed and ready for occupancy prior to the expiration of the CUP." Although Ll~e subsequent action of the City Council superseded the Planning Commission Resolution, Data- Design has never agreed to build a building within a six-month period nor has the Planning Commission ever required such. This is a totally incorrect statement as a review of the July 27, 1983 Planning Commission minutes, pages 10, 11, and 12 will reveal. If the quoted statement were correct, Data-Design could be accused of "bad faith". Incorrect. Last two sentences of the first paragraph of page 2 of the above referenced document. "TO correct this, the City Council added a condition to require a DATA•DESIGN LABORATORIES 4 September 1985 Page Three new improvement agreement extension be submitted prior to occupancy of the trailers. This agreement was never executed." Data-Design could not obtain an extension prior to occupancy - the trailers were already in use. Regard- less, Data-Design did obtain an extension from the City of Rancho Cucamonga, approved as of August 4, 1983. A copy of that extension agreement is included herewith as Attachment "A". A review of Attachment "A" will reveal that it did not comply with the action taken by the City Council. It provided for twenty months extension versus the two years provided by the City Council. Other discrepancies will be cited later. incorrect. Second sentence, second paragraph of page 2 of the above referenced document. "Staff's report indicated that during the two year period granted by the City Council for keeping of the trailers, the applicant had not made an effort to develop plans for a permanent building as required by the City Council's Conditions of Approval. (Emphasised). The City Council minutes for September 7, 1983, page 6, state clearly the conditions for the extension of two years. There is no requirement that Data-Design make an effort to develop plans for a permanent building. Incorrect. First item of the third paragraph of page 2 of the above referenced document. "1. The applicant has not submitted plans for a permanent building as required by the past approval conditions." Although Data-Design has had in hand for an extended period of time the preliminary design for Building #9, no ast a royal conditions required Data-Design to develop and or submit such. Incorrect. Second item of the third paragraph of page 2 of the above referenced document. "The applicant has ignored and not made a good faith effort to comply with the Conditions of Approval set by the City Council regarding the construction of a permanent building or the installation of street improvements." The construction of a permanent building has never been required. The installation of the street improvements, DATA•DESIGN LABORATORIES 4 September 1985 Page Pour although delayed by a series of lengthy review and approval procedures, is under contract, the application for the building permit has been approved and work is underway. Incorrect. Third item of the third paragraph of page 2 of the above referenced document. "The applicant indicated no willingness to build a permanent building unless economic conditions f.or the subsidiary corporation (Siltroni improve, resulting in the possibility of the trailers becoming permanent." Data-Design recognizes that Rancho Cucamonga limits the use of temporary facilities to a maximum of four years. There is no possibility that the use of trailers by Data-Design could become permanent. 10. Misleading. Item 6 on page 3 of the above referenced document. "The Planning Commission had received a letter of opposition from an adjacent resident opposing the time extension based upon the hazardous traf £ic situation created by the lack of street improvements on the Data-Design side of Center Avenue." Data-Design has contracted for the street improvements and they are underway, as stated previously. The major hazardous condition on Center Avenue is the on-street parking of semi-trailer trucks. Regardless, the Data- Design improvements presumably will eliminate the concern of adjacent residents. 11. Incorrect. City of Rancho Cucamonga Memorandum dated July 26, 1985 to Don Coleman, Senior Planner from Barrye Hanson, Senior Civil Engineer. Item 8, "To date, new bonds have never been posted - - -. In Attachment "A", the City of Rancho Cucamonya indicated that no additional bonding was required. Data-Design has maintained the amount originally bonded. Attachment "A" was close to correct as the street improvements are under contract for $72,000 versus the bond value of $70,000. Summary Data-Design recognizes the difficulties incurred by the Planning Commission and the City Council as they administer their assigned responsibilities to provide the qua li.ty of community desired by the residents of Rancho Cucamonga. We support both elements as they work toward this goal. DATA-DESIGN LABORATORIES 4 September lges Page Five All too often, however, overworked staff sometimes improperly assess intents and related actions. Wherever possible, corrections should be applied and proper actions result. The eleven instances cited above set forth situations in which incorrect impressions have been made as to Data-Design's intentions and quality of citizenship. We hope that with the correct in Formation, the City Council will provide the extensions requested by Data-Design. T. C. Beiseker, President ~T7/'L ICY+IUT ~`~~ ~, CITY OF RANCHO CUCAMONGA IMPROVEMENT EXTENSION AGREEMENT FOR TRACT N0. 11428 KNOW ALL MEN 8Y THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision MaD Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between the said City, hereinafter referred to as the City, and Data-Design Laboratories, referred to as the Developer. A Corporation WITNESSETH: THAT, WHEREAS said Developer entered into an improvement agreement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires an extension of time to complete the terms of the said improvement agreement. NOW, THEREFORE, it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the terms of the said improvement agreement is hereby extended by a period of 20 months from the date of expiration of the said agreement. New expiry fi on date February 17, 1984. ~,.,~. ~~ 2. Increase in improvement securities to reflect current improvement costs shall be furnished by the developer with this agreement and shall be approved 6y the City Attorney. 3. The required bond and the additional principal amounts thereof are set forth on the attached sheet. 4. All other terms and conditions of the said improvement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with same, the DevelaDer has submitted the below desrr ibed improvement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE BOND Description: Surety: Address: Additional Principal Amount: MATERIAL AND LABOR BOND Description: Surety: Address: Additional Principal Amount NONE NONE CASH DEPOSIT MONUMENTING BOND Additional Cash Deposit: MAINTENANCE GUARANTEE BONG Pr in To be posted prior to acceptance of the project by the ***#*****#*****t***##*##**#***tk******#*#*******#**#*# CITY OF RANCHO CUCAMONGA CALIFORNIA, a municipal corporation By: e ~n .Mice s, Mayor Attest:(((/// NONE 1 Amount: NONE DEVELOPER - Data-Design Laboratories, A Corpoz~tion ~c o-,-~~~ L ren M. Wasserman, C' 1 APPROV%O AS TO fOR„t NOTE: DEVELOPER'S SIGNATURE MUST 8E NOTARIZED arc[ er cnr:.r ~ r rep DEVELOF'c R COPY A~~nb~~aMO,~~~ ~,.:~~qxa n. ~~ ~~~, CHURCH~n il.~i!S CIiRIS7 i .'`~i iZ l)11' 'I~;`~ .~:,. n~:~ CALi~CFwA STn~,c[ Septertt~er 4, 1985 Dan Colman City of Rancho Cucam~naa Planning Dept. LZE: I~iroval of Palm Trees on Victoria Ave., Etiwarda. I contacted you regarding the size of the palm trees and the hazard in trying to relocate them. Ib to their size of over 65' hiuh and their relation to the Edison Prinary High Voltage Line, no one I contacted would =rove them because of the high risk inwlved. Also it was the conseraus of Jce T. Morales, tree rtover, who specializes in palm trees from Costa Mesa, that if it were safe to relocate the trees that he would only give them a 208 chance of survival. I brought this to your attention, that I mold not find anyone that would relocate them under these conditions. I also discussed with you that I had 5 large palms that I was going to relocate fran another location, 2-30' and 3-20' trees of the same kind. I have the letters you requested verifying that the trees were wsafe to rtow and brought it into Nancy fbng as you instructe3 me to do. She was not happy with the fact that we could not relocate the trt;es, but gave me permission to take the trees out. I had Jce out again today and he said that the trees would not live as there was not enough of the root system left. ~~ are still bringing in the five trees as discussed with you and Nancy. wank you, ~' ) ,t1<1.t7~ `.r IN.vid W. I[mq ~~ Church of Jesus Christ of Latter-nav Sai nt:+ Physical Facility I+npresentivo Upland Califom3.a Bt;~ka JOE T. MORALES OIIK AND PALM TR[[f 736 Hake Shed, Gsta Yesa, Gliforaia , Peae~ xtesnh slou .+ ~-- ~ ~~ ~ .., O ~ ~~ o-Q--~~-,. ,_ Y e._%~.-~. ~ 1 C~ >7C ~ I ~ O ~ / (gar- 'fi~.v- ~, o ~~•~r M~~~~e y~~.~ .. pIq !a_loll ~ JOE T. MORALES o~rve uo svuu mec>,t 7~6 Bsker Sheet, Cosh Mew, Calitornu PAese ~ElaYerla SJ011 ~-sz9- r i Vl~f_PA ~ ,~ie,~..w..-,.¢. T3_...~. -H.<. T ~~ T4-n y ~n i~/.t y~tc.,. c~z .o.~-~('-P~ •~...c~ x~..L 3 LWi.R. ^'^`n i J MOFIALEi Olive & Palm Trees vul sus-wn pui sus-axat =t !~~~, ~ ; as ~Alt[R ai. COfTA alla/1, CA. ~riu d'Ds° Tree remov~a7. httentiont' Dave Long ~~ ~DUe~ ~o ~ttie %fact that~the trees are near pocre~ lines, it noul.'? ,. ~. pe .~urysa£e tto try and;•transplant them. ,Furthermore, it would be g~great expense if; any lines were damaged'~9.uring transnlzntinr. .The age Factor o£ the trees are also to be~'considered. There i.^. no guarantee that the +,rees rrould survive the transplanting, therefore I do not recocrend removzl of the trees. /; u5 Prather . tt( d///P/~mz ~. , ;~ ,i k.v,.~':~~:;. a,~~ ,a~ ~~ c'^ai.. ETIWANDA ~sro~cu. soc,ErY Post Offitt Box 363, Etignda. CA 91739 ,~, September 2, 1985 .+ Mr. Lauren Wasserman City Manager City of Rancho Cucamonga P.0. Box 807 Rancho Cucamonga, CA 91730 Dear Lauren: Two of Rancho Cucamonga's historic landmarks--Victoria Street Palm trees-- are down and dying. Hhether the result of .ignorance, stupidity, and/or premeditated disregard of the wishes of the res iden*,s and the City Council remains to be seen. The two palms are a part of the project at the northeast corner of Etiwanda Avenue and Victoria Street. According to the information mailed to surrounding property owners. they were to be relocated to a different portion of the project. On this past Friday afternoon or thereabouts, [he trees were pushed over with the teeth of a bulldozer with no intention of preserving aroot ball or protecting the trunks from irreparable damage. In speaking to the equipment operator regarding his instructions, he indicated that David Long told him to "take the trees down." Dave was not ai his home when I Tried to call him this morning (Monday). The bulldozer operator also indicated his instructions to remove one of the Etiwanda Avenue palms. I don't recall its removal being a part of the project approval, and will have to follow up. As of this afternoon, that tree had keen topped, but the re- mainder is still standing. The tree is obviously beyond saving. Also as of this morning, I had a conversation with the driver of the project's eater truck, and indicatetl that the palms were historic landmarks, and were not to De further damaged until their disposition had been determined. The operator's should be considered as having been put on notice, and be held liable for future actions as appropriate. Several questions need to De answered. Why did it happen? Nhat is to be the outcome? iii 11 there be a "next time?" WHY? It's difficult [o imagine that the developer was not aware of the requirement imposed in regard to relocation of the trees. Did they wish to perhaps pay the lesser cost of the imposed fines in lieu of the expense of relocation? I'm not aware of a fine having Deen levied in the past. The council has a notoriously poor record of following up on ehe it threats to the development community in regard to violation of the tree removal ordinance. Most instances have been '•no win" issues on rile part of the City: damaged or diseased trees removed, or trees removed after approval of a project but in advance of the issuance of a removal permit. The community may be said to have the impre scion that the council iu more talk than action. Nhat is tha difference this time? Historic landmarks, and trees required to be saved. After having spoken to one of the Historic Preservation Commissioners, i[ becomes apparent that the City may have violated nne of its o,rn ordinances in not having had the palm issues presenteA to the Commission and the Council prior to approval of the project ~ the PlanninP, Commission and I:he City planners. A significant breakdown All donallnm nr mnn.y n. meterlels arc lex dtdudibk Lauren Nasserman Se pteniDei 3, 1985 .Y is assumed to have occured, in that the planners were not aware of the landmark designations. The Historic Preservatlon Commission and the City Council were re- quired to have given prior approval, as they did before relocation of the Chaffey/ Garcia house, and alteration of the Garret Vinery. There's nc excuse this time, and there won't be an excuse if there is ever a next time. khere do we go from hetel 1) ilonetary fine against the developer to the maximwn permitted by law. Said fine to De made available to the Historic'Preservation Commis- sion for the Furtherance of its mandated objectives. 2) Should the landmarks be beyond saving due to the extent of their damage, that specimen palms be planted in the areas in[endr_d for the original trees. Planting of specimen trees will further the themn of palms currently in the immediate area, and put the development commu- nity nn notice [hat the city really does take such things seriously. The palms are dying. If tLey can nu saved, immeA tare action is necessary'. Therefore I am requesting agenda time for this comning Mednesday, Sept ember, 2, 1985, to discuss the issue and to hear Council's Airect ion in regard to such flagrant disregard of its policy. Sincerely, mes C. Frost, President 't iwanda lit storical Society Encl (Photos) cc: Mayor Mikcls Piayor Pro 'I'em Uahl Couu,.il +lember kuyuet Council Member King Council Member Wright Chairman Stout Cha irwnman Amer ,lack Lam kill Molloy City Clerk Au[hele[ Chaitmar. 8aldena ../ G,}CAA7 ,~ '~ CITY OF RANCHO CUCAMONGA O TO xr.. Jon D. Mikela F i ~ Z r..,,,',~..mw,. , } ~'~ ~ Charles J. Ru4uet 11 Jeffrm'Ainx 19'7 Rkhard ll. Uahl I'a m<1a 1, N'righl Jurte 25, 1985 Ron Ishii 717 Briar Canyon Road H1 Walnut, California 91789 Ti~~S-z7 SUBJECT: TREE REMOVAL PERMIT FOR CUP 84-09 - Church of Latter Da ain is orated at Etiwanda Rvenue Dear Mr. Ishii: Thank you for submitting your tree removal permit to the Planning Division for review. Based upon the evaluation of this site, the conditions of the trees, and considering the input from adjacent property owners, your tree removal permit has been approved subject to the following conditions: 1. The north windrows shall be preserved, tr ironed, and topped. ,I ~,p~I~ The proposed block wall shall be relocated to not interfere J14~ with the root structure of the Eucalyptus trees. (See Exhibit nry(••~~ ..A",) 2. Within the parking area, the removal of the east/west windrow, the two Walnut trees, and the two Pepper trees, is consistent with Planning Commission approval of the precise site plan for CUP 84-09 and is hereby approved. (See Ezhib it "A".) 3. The two Palm trees on Victoria Street shall be preserved by relocating the one on the west sideof the driveway to Etiwanda Avenue, and relocating the one on the east side of the driveway to the landscaped area as shown in Exhibit "6". 4. The removal of east/west windrow within the recreation field, may 6e approved if the site is ready to 6e graded consistent with Conditional Use Permit 84-09 Conditons of Approval. (See Exhibit "A".) New windrow shall be planted along the southern property boundary as shown in Exhibit "B". 5. New windrows shah he planted along the western portion of the site as shown in Cxh ibit "6", as required by the Etiwanda Specific Plan. " "^"'' "'' ,~ ;'~na eo7 RANCIIO CUCAMONCA,CALIFORNIA 917J0 (71114fl9~1 Aft . ree Removal Permit 35-27 .June 25, 1985 Page 82 i We sincerely hope that this process has been a positive experience for all parties involved. The decision shall be effective following a SO day appeal beginning with the date of the letter. If no appeals are received, then this permit shall 6e valid for 90 days. Should you have any questions, please do not hesitate to call me or Nancy Fong at this office. Sincerely, COMMUNITY DEVELOPMENT DEPA MENT PLAN'; I;ICr4;V SI D'J C/~. Dan Coleman Senior Planner DC:NF:cv Attachment: Exhibit "A" - Tree Location Map Exhibit "B" - Proposed Landscape Plan - ~ ,, The following letter was sent to the attached list. ~ l '~ CITY OF RANCI-IO CUCAMONGA r" v.r~•r lnn U. Mikelx jl A fmm~lwrmhr. ~~ ~ :7 .'. U~ =~'i~ Charkx J. Huyve111 Jeffrey King 19T] Hiohara Al. Uahl I'a meU J. R'righl July 10, 7985 ~UuJELi: A;IEPl UI4EfiT TO TREE P,E110VnL PEki;iT 85-27 Cear ibis letter is to bring to your attention an amendment to the approval of a Tree Removal Permit for Latter Day Saints Church located at 6829 Etiwanda kvenue. ~ Previously, a condition of approval for this Tree Removal Permit required the preservation of the northern windrows. However, further evaluation of Planning Commission approval for this Church (LUP 84-09) indicates that there are provisions allowing the removal of such windrows. Therefore, the request to remove the northern windrows and replace them with new ones as required by the Etiwanda Specific Plan would 6e consistent with Planning Commission approval of the precise site plan for Conditional Use Permit 84-09. Should you have any questions, please do not hesitate to contact Yancy Fong, at (714) 989-1851. i(ttachmen t: Amended Exhibit A Amended Exhibit 6 '~::!r. s• C • F "OFFICfi g07 ('I't ' Iu ' , Beni m~ Plan n..l. r DC:NF:das ~.:..~ _ ~ i i ~ ~ , ,.. V ~ 4 !:.. ~ ~ . ~-.. is f C. ,~[,: . 9~ ~. i y ~: ., 1- a ~`d % r i'~} ~ 1 ~" _ ~~._~,._...:~:'_i-. x. ~. Ian .\1..:._~d-.~~1'`:. 1~ZG I li 'I~ L. ';i ".. i' i r. .. m: 1n I 4 ~. .._ .._., ~~s°~~.._. o ~. S I~ j- 1~1'-• I,~ if .f;:. iii •~ Y 2'MS ~._" g i :iii` ~ ~ ~~ V` ~~ p r '~ t, ~' ~' ~; ETIWANDA HISTORICAL SOCIETY September 2, 1'385 }Ir. Lauren Fasserman City );onager City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Lauren: Post Office Box 363, Etiwanda, CA 91739 Two of Rancho Cucamonga's historic landmarks--Victoria Jtreet Palm trees-- are down and d7ing. lGhether the result of ignorance, stupidity, and/or premeditatetl disregard ~. she wishes ,.. ~..~ .e sidan is and ,he City Council remains to be se_n. 'Che two palms are a part of the proje r.t at the northeast corner of Etiwanda Avenue and victoria Street. According to the information mailed to surrounding property owners, they were to be relocated to a different portion of the project. On this past Friday afternoon or thereabouts, the trees were pushed over with the teeth of a bulldozer with no intention of preserving a root ball or protecting the trunks from irreparable damage. In speaking to the equipment operator regarding his instructions, he indicated chat David Long told him to "take the trees down." Dave was not at his home when I tried to call him Ch is morning (`londay). ,a bulldozer operator also indicated his instructions to remove owe of the Et itaanda in'e ~n .o palms. I don't recall its renovai he in P, a parC of the, project approval, and :;i 11 hate to follow up. .4s of this afternoon, that tree had peen Copped, but tl~e re- mainder is still sCandinR. The tree is obvionsiy beyond sating. :11 sn as of this Horning, I had a r,onversation with the driver of the project's ;:atcr trnr, p., and inrlir.a tetl that the palms were historic landmarks, and wefn aot to be fort L~:r damaged until their Uispos it ion had been determined. The operator's should be consid?red as having been put on notice, and be held liable for future actions as appropriate. Several questions need to be answered. l:hy did it happen". What is to he The outcome". hill there be a "next time?" KIIY". 1t's difficult to imagine that the developer uas not aware of the requirement imposeA in regard to re local. ion of the trees. Did they wish to perhaps pay The lesser rost of the. imposed fines in lieu of the expense of relocation? L'm not aware of a Fine. having been levied in the past. the council has a no tocious ly poor record of fnl lowing up cn [he it threats to the development community in regard to "iolation of the tree removal ordinance. Most iatstances have been "no win" issues on the part of the City: damaged or diseased trees removed, or trees removed after approval oC a proj m'C, bet in advance of the issuance of a femoral permit. The rormnmtitp may be said to hate the impre s.=. ion that th~a ~•oun~il is more talk than action. Nha r. is the dif f~rence this tin?' Historir landmarks, and trees required to be saved. Aftr.r having spoken to one of the Ili stor is Pre sn n'a Cion C.oimniesiorotrs, it becomes apparent. that: the City ma}' have viotatgd one of its own ordinances in not having had the palm issues pre snored to Che Crnm~ission and the, Council prior m approval of the project by r,hn Piano ing Commission and She Ci[y planners. A significant breakdotm All donations of money or materials are tax deductible September 4, 1983 CITY OF RANCHO CUCANONCA CITY COUNCIL MINUTES A regular meeting of the Rancho Cucamonga City Couvc it met ov Ned need ay, Sep- tember 4, 1985 iv [be Liona Perk Community Center, 9161 Baee Line Road. The meetivg was celled [o order a[ 7:33 p. m. by Mayor Joo D. Mikel e. Present were Council members: Pamela J. Nr fight; Ch erlee J. Buq uet II; Ricbard M. Dahl; Jeffrey Ring; end Mayor Jon D. Mikel e. Also present were: City Manager, Lauren M. Neeeermas; City Clerk, Beverly A. Auth el et; City Attorney, Jame9 Markman; Assiat an[ City Manager, Rober: A. Rizzo; Administrative Analyst, Nark Lorimer; Community -evel opment Director, Jack Lem; Senior Planner, Den Coleman; Assistant P1 a¢¢er, Nancy Fong; Ci [y En- gineer, Lloyd Rubb e; Finance Director, Rarry Empey; Community Services Direc- tor, Bill Holley. Approval of Ninu[ee: MOTION: Moved by Rivg, seconded by Nright [o appr we the Minutes of July 31, 1985. Motion carried unanimously 5-0. : w w 2A. Thursday, September 5, 1983, 7:00 p. m. - RIS TORIC PRES EAVATI ON COMMLSS ION, L ivne Park Community Center. 2B. Medvesday, September 11, 1985, 7:00 p. m. - PLANNING COMMISSION, Lions Park Comaunity Center. 2C. Thur edgy, September 19, 1985, 7:00 p. m. - JOINT CITY GWNCIL A CU CAMONCA COUNTY MATER DISTRICT, Liona Perk Community Center. ^<D. Thur edgy, September 19, 1985, 7:30 p. m. - PARR DEP ELOPMENT COMMISSION, L+'- one Park Community Center. 2E. Thur edey, September 26, 1985, 7:30 p. m. - ADY IS ORY GDMMISS ION, Liona Park Community Centec. • + + ~ ~ Mr. Nees erman zeq ueated [he[ Consent Calendar item 3Q be removed; it will come back a[ a later time. Aod, add Consent Calendar item 3X: Approval of Improve- ment Agr semen[ and Improvement Security For Tract 11915 loc eted on the eouth- eeat corner of Turner Avenue and Artow Righway submitted by Robertson Homes. (Resolution No. 85-2fi 5). 3A. Approval of Narrate, Reg Teter No's. 85-09-04 end Payroll ending 8/18/89 Eor the total amount of $937,696.66. 38. Forward Claim (CL 85-024) egainet [he City by Michael Ninky, auto accident, (1) September 13, 1984 on Foothill Boul everd. (0704-06 CLAIM) 3C. Forrerd Claim (CL 85-025) egainet the Ci [y by Lee Allen Stotts, auto acc i- (2) dent, Nay 26, 1985 on Seats Rouse 30 (Highland Avenue) and Et iwa¢da Avenue. (0704-06 CLAIM) 3D. Forward Claim (CL 86-026) agei¢st the Ci[y by Th omee P. Skuse, auto damage, (.3) August 17, 1985. (0704-06 CLAIM) City Council Minutes September 4, 1985 Page 2 (4) 3E. Apprwal of Parcel Map 9248 located north of Tryon Street between Jadeite and Archibald Avenues, eubmi Cted by Nark end Tom Uy eds. (1002-09 PARCEL NAP) RESOLD TION N0. 85-255 A RESOLUTION OF THE CITY COVNC IL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROV INC PARCEL MAP 9248 (TENTATIVE PARCEL NAP 9248) (5) 3F. Release of Hoods: (0602-01 BOND RELEASE) 5727 C RN .I p - DYner, Ricbezd E. Verney. Labor 4 Nateriale Boad $ 6,550.00 (6) TRACT 9369 - Located a[ [he northeast corver of Archibald end Vic for is; caner, M.J. Hrotk A Son e, Inc. Faitbful Performance Bond $225,000.00 1 RESOLUTION N0. 85-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL IPORI7IA, ACCEPTING THE PUBLIC IMPAGVEMENTS FOR TRACT 9369 AND AUTRORIZ ING TBE FIL INC OF A ROTICE OP COMPLETION FOR THE NORR (7) 3G. Apprwal [o release Instrument of Credit and Agreement from Robert and Karen Packer for improvements a[ Hellman Avenue and Foothill Boulevard. (0602-01 BOND RELEASE) (B) 3H. Apprwal of a Real Property Impr wement Contract and Lien Agreement submit- ted by Larry Runc 1, e[ al, for a single family residence located at 13330 Cassia Street. (0602-01 AG REENNT INPROV/LIEN) RESOLUTION N0. 85-257 A RESOLUTION OF THE CITY COUECIL OP THE CITY oP RANCflO CUCAMONGA, CALIFORNIA, ACCEPTING AREAL PROPERTY IMPROVEMENT CORTRACT ARD LIEN AG REENENT PROM LARRY RUNCL, ET AL ARD AUTHOAL2INC THE MAYOR AIPD CITY CLEHR TO SIGR THE BAME (9) 3I. Apprwal of [he env iroomeo[al aaeesameot end isauaoce of a Ca[egor icel Exemption for the proposed Vineyard Avenue Reconstruction. (1403-06 EIR) RES OLOTION N0. 85-258 A RESOLOTIOH OF THB CITY COUNCIL OP THE CITY OP RANCHO COCAMONGA, CALIFORNIA, APPROV IIIG THE ENVIRONMENTAL ASSESSMENT IH ITIAL STODY AND ISSUANCE OP A CATEGORICAL EREMPTION FOR THE PROPOSED VINEYARD AVENUE RECONSTRUCTION IMPROV QIENTS BETNEER CARNEL IAM AVENUE AND EASE LINE ROAD (10) 3J. Approval of Impr wement Agreement and Improvement Secur i[y for Tract No. 10047, located on the south aide of Hillside, east of Arcb ib eld Avenue, eubmit- ted by The Penbill Company end release of previously accepted improvement agreement end improvement security. (0602-01 AG REEMRT IMPROVEMENT) RESOLUTION N0. RS-259 A RES OLOTION OF TIIE CITY COONC IL OF THE CITY OP RANCHO CUCAMONGA, CAL IFOIIN IA, APPRW INC INPROV EMENT AGREEMENT AND INPROV EMENT SECU- RITY FOR TRACT N0. 10047 AND REL EAS IMO IMPROVEMENT AG REENENT AND IMPROVEMENT SECURITY POR TRACT N0. 10047 PRLY IOOSLY ACCEPTED BY CITY COUNCIL (11) 3R. Approv el of Improvement Agreement and Improvement Security for Tract 10210, l oc aced north of Almond, east of Sapphire, submit tad by Forecast Mortgage Cor- poration. (0602-01 AC REE1RiT IMPROVEMENT) City Council Minutes September 4, 1985 Page 3 RES OI,UTIOH N0. 85-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAHONGA, CALIFORNIA, APPRW ING IHPROV EVENT AGREEMENT AND IXPROV EMENT SECO- RITY AND FINAL NAP OP TRACT N0. 10210 3L. Apprwal of Imprwemen[ Agreement and Imprwemen[ Security for Farcel Mep (1?) 8815, located on the vest Bide of Beryl, south of 19th Street, submitted by Ci- tation Homes end releee ing Imprwemen[ Agreement and Security approved on June 19, 1985. (0602-01 AG AEENNT IMPROV EMBNT) RESOLUTION N0. 85-261 A RESOLUTIOR OP TBE CITY CDONC IL OF TXE CITY OP RANC RO CUCAMONCA, CAL IPOItNIA, APPROVING ItfPROV EMERT AG RB@IENT AIPD IMPROV EMERT SECU- RITY POR PARCEL NAP 8815 ARD RELEAS IRC PREY IOU SLY APPROVED IM- PROVEMENT AG REENP.NT AND IMPROV EVENT SECURITY 3M. Apprwal of Improvement Agreement and Imprwemeat Security for CUP 82-12 (13) located on the northeast corner o£ Church Street and Turner Avenue, submitted by Ch ildreoe World, Inc. (0602-01 AG REEMNT IMPROV EVENT) RESOLUTION N0. 85-262 A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG A, CALIFORNIA, APPROV IHG IMPROVEMENT AGREEMENT AND INPROV EVENT SECU- RITY FOR CUP 82-12 3N. Apprwal of Sao Bernezd inn Road and Church Street Imprwemen[ Project and (14) authorizing the City Engineer to file a Notice of Completion, release rat eotion (16) aad authorize final payment. Performance surety to he held for oae year from date of accept ante. (Retention: $21,836.54). (1110-10 STREET IMPROVEMENT) (0602-01 HOND RELEASE) RES OLUTIOA N0. 85-263 A RESOLUTION OP TEE CITY COUNCIL OP TXE CITY OP RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING TXE PUBLIC IMPROVEMENTS POR TEE SAN B ERNARDINO ROAD ARD CHURCH STREET IMPROV EVENT PROJECT AND AUTNORIZ INC TXE FILING OP A NOTICE OP COMPL eTION POR TAE WORR 30. Apprwal co award the Caroel ian Beaut if is etion Pr of etc to Artistic Land- (16) acape sod Engineering, Inc. (CO 85-88), the awes t, responaib le bidder Eor the bid in the amount of $273,769.80. (0601-01 BID) 3P. Apprwal of award of the Beee Line Road from Teak Ney to Haven Avenue Pr oj- (17) act to Leizd Conetruc [ion (CO 85-89), the loves[, reeponeible kidder for a bid amount of $534,211.44. (0601-01 BID) 3Q. ApprorQ to nerd Archibald Arenoe Serer mmd Street Conmtrmctiom Project to (18) the laremq remponaible bidder, T.A. Riwrd (CO 85-90) Eor the bid amomnt of $2,178.035.85. ITEM RENOV ED, TO CONE BACE AT A LATER TINE. 3R. Apprwal of Agreement with the County of San Beraerdino (CO 85-9t) to pro- (19) vide Chemical Weed Abatement Service. (0602-01 CONTRACT) 38. Apprwal of Street Frontage Construction Agreement (CO 85-92) betveen the (20) Southern Cel if ornia Edison Company end [he City of Rancho Cucamonga. (0602-01 CONTRACT) RESOLUTION NO. 85-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROV IHC STREET PRONTAGE CONSTRUCTION AG REENENT AND GRANT OF EASEMENT BETWEEN THE SOUTNEAfl CALIFORNIA EDISON COMPANY AND THE CITY OP RAHC HO CUCAMONGA City Cou¢c it Minutes September 4, 1985 Page 4 (21) 3T. Approval of agree~mt rich Yill ism Lyon Co. (CO 85-93) for conatroction of model homes is Trmet 12833 prior to final euhdiviaion xmp recordation. ITEM REMOVED FOR DISCUSSION. C0602-01 CONTRACT) (22) 3U. Ap prwel of [he Beryl Park Soccer Field Lighting project ae completed and authorize final payment. (1404-06 PARR DEV E[.DP) (23) 3V. Apprw el of pr of ee ei onal eery is es agreement rich Service Master (CO 85-94) for janitorial end me intenance eervic en throughout city off ice e. (0602-01 CON- TRACT) (24) 3N. Set public heeri¢g Eor September 18, 1985 for Fo¢th ill Boulevard Study: Interim Policies. (0203-05 FOOT RILL BLVD PLAN) (25) 3R. ADDED ITEM: Approval of Improvement Agreement and Improvement Security for Tract 11915 located on the southeast corner of Turner Avenue and Arrw Highway 1 submitted by Roberta on Romea. (0601-01 AG REEMMT IMPROPMENT) RESOLUTION N0. 85-265 A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF RAMC NO CUCAMONC A, CALIFORNIA, APPROV IMO IMPROVEMENT AG REENENT, INPROV EVENT SECURI- TY, AND FINAL MAP OP TRACT N0. 11915 MOTION: Moved by Ring, seconded by Buq ue[ to approve the Consent Calendar mi- nus Items Q and T. Motion carried unanimously 5-0. +~~+• Discussion of Item T: Appz oval of agreement ri[h Nil Liam Lyon Co. (CO 85-93) for cons[ruc [ion of model homes in Trace 12833 prior to final suDd ivieion map recorda[ioo. Councilmen Dehl elated his problem rich the ¢er alternative is [hat it rill require an amendment to the Etirande Specific Plan. Ne requested [hat the Pl ginning Commission forrard the changed to the Specific Plan to Coun- cil ae soon as pose ib le for approval. Mr. Markman stated he bad rev iered the Specific Plan rich Dan Coleman end the l a¢guege for the horse [rail req uiremen[e. The Spec if is P1 en ie ail ant about the connective [rail eyatem. Th ie should not require a Specific Plan Amend- ment. Rwwer, he would rwier thin again. Den Coleman presented the following chengee: (Added language ie in bold Prrnt). Section 7. All imprweme¢te related to the model complex; for streets, grading, util itien, end dr ai¢age shall De conetruc tad [o ultimate etandarda as ind i<ated on the proposed final eubdiv isi on maps end the proposed final engineering plane Eor [he Tract prior to one of model home. Section 10. Lyon rarrente and agrees that if Ghe final eubdiv ie ion map for the Tract ie not recorded rich in !wo (2) years after September ~, 1985..... Section 11. Lyon shall pr w ids adeq uete emergency access, to the eattafac- tion of the Foothill Fire Protection Dietr is [, end adeq uete fuef low, ro the aetief action of the Cucamonga County Meter Oistr ict prior to use of avy model homes. MOTION: Nwed by Buq uet, seconded by Dahl to approve Item T including the amended contract end Resolution No. 85-265. Motion carried unanimously 5-0. t * * ~ ~ + (Z6) 4A. ENV IRONNENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT ES-02 - CITY OF RAMC NO CUCAHONOA - Amending Section I7 .04.0 SOD concerning off-ei[e perk i¢g lots City Council Minutes September 4, 1985 Page 5 co include additional language to clarify public safety is sues. Item continued from August 21, 1985 meeting. Staff report presented by Seck Lam, Community Develepment Director. (0203-05 DEVELOPMENT CODE) Mayor Nikele opened the meeting for public hearing. There being no response, the public hearivg vas cl oeed. City Clerk Authel et read the title of Ordinance No. 271. ORDINANCE N0. 271 (sec and reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCBU CUCAHONG A, CAL IFOHNIA, APPRW INC DE~EL OPNENT CODE AHENDHENT 85-02, AMENDING TITLE 17, SECTION 17.04.0 SOD OF THE MUNICIPAL CODE, IN RELATION TO OFF-SITE PARKING MOTION: Noved by Huq uet, seconded by Nright to vaive full reading aE Ordinance No. 271. Motion carried unanimously 5-0. MOT IOM: Moved by Ring, seconded by Dahl [o approve Ordinance No. 271. Motion carried unenimouely 5-0. .. x r x + 48. PNV IRONNEAT T cc ccN NT IND tATRI t cP CIPI N NERDN NT As-n> ~P7) CITY OF NC HO ~C MO A - Amending Section E., Parking end Loading Require- ments (page III-26) to ivclude defined interior building areas [hat can be deducted from [he Overall parking req uiremen[e; Section E.3, Parking Spec ea Re- quired (page III-29) to include a parking ratio for research and development uses; and Table III-2, Land Use Def ini[i one for research and development uses and identification of the applicable subareas (Table III-1). Item con[ivued from August 21, 1985 meeting. St af£ report by Jack Lam, Community Development Director. (0203-05 INDV STRIAE SPEC PLAN) Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was cl oeed. City Clerk Au chalet read the title of Ordinance No. 272. ORDINANCE M0. 272 (eecond reeding) AN ORDINANCE OP TFIE CITY 0008CIL OP THE CITY OP RANCHO CU CAMONG A, CAL IPORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 85-02, AHEND ING TEE INDUSTRIAL AREA SPECIFIC PLAN REGARDING PAR- ING STANDARDS FOR RESEARCH A DEVELOPMENT AIPD DELINEATING INTERIOR BUILDING AREAS TMT CAN 8E OE000TED PROM PARR ING REQUIREMENTS MOTION: Moved by Suq uet, seconded by Ring to vaive full reeding of Ordinance No. 272. Motion carried unenimouely 5-0. NOTION: Moved by Ntight, seconded by Ring to approve Ordinance Nv. 272. Mo- tion carried unenimouely 5-0. • ~ ~ ~ ~ ~ 4C. A_DpEAL OP PLA_ANING GOMNIAAION DECISION ON CONDITION icE o MTT >A a (pg) BOAR'S HEAD - M appeal by the appl icent of [he Planning Commission's condi- tions modifying the hours of operation and el imivet ion of live entertainment for the Boer's Nead Bar and Cril 1, located et the nor thveet corner of 19th Street and Carnelian Avenue - APP 208-8I1 -59. Staff report by Nancy Pong, Ae- eiatant Planner. (0701-06 APPEAL) Mayor Nikels opened the meeting Eor public hearing. Addressing Council were: Larry Areinage, caner of the Boars Head, stn Ced that there has been no problems since the last time he vas before Council in 1983. Ne felt the City Council Ninutes September 4, 1985 Page 6 Planning Commieei on vas vindictive because Council had overruled them the last time. Re encouraged Council to restore hie permit. Jemea Frost, City Treasurer, elated that he and hie wife had been turned away because she vas carrying a baby. Pe felt this indicated the type of business they really were. Nr. Ara inage responded that this mu at have been in error because his li- cense vas the type which all wed ch it dreg. There being no fur tber public reapone e, Hay or Mikele cl oaed the public hearing. Nr. Ring ata led this matter had come before the Planning Commission several times while be vas on that Commission. Reading through the minutes, he did not see any oppoeiti on about the noise or hours of operation ae in the past; nor did he hear any input tonight. Nr. Bahl stated there hasn't been any problems because the Boars Read hoe been closing early and operating without any entertainment. Re felt the Planning Commission vas right in their decision and would uphold the Planning Commi~- sion's decision. NOTION: Moved by Dahl, seconded by Wright to uphold the Planning Commission's dec ieion and deny the appeal. Notion carded 5-0. < + • a ~ (29) an. DATA DESIGN - M appeal by the eppl is ant of the Planning Commission"a decision regarding conditions of apprw al relative to a time exten eicn and two temporary office trail era located at 7915 Center Avenue. Staff report by Dan Coleman, Senior Planner. (0701-06 APPEAL) Mayor Mikele opened the meeting for public hearing. Addressing Council vas: Tom Bieeiker, President of Data Deeign Lab orat oriee. Mr. eieeiker preeen- [ed Council a letter which rebuttals to [he Planning Commission's staff re- port to Council. There being no further public input, Nayor Mikele closed the public hearing. Council took a few minutes to read the letter. Nr. De hl stated [het perhaps a reply from staff would be important [o [heir de- cision; Gheref or e, this eh ould be continued [o the nest meeting. Mr, euq uet stated [hat Da [a Deeign had come to Council two years ago and were g iv eu permis eion for the temporary s[ruc tutee in order to give them time to make the permanent improvement e. Th ie has not been done. Council di ec uaeion Eoll wed whether to continue or make a dec iei on. MOTION: Moved by Wright, seconded by Ring to deny the appeal and uphold the Planning Commission's decision. Motion carried unanimeuely 5-O. No items submitted Na items submit tad • x + ~ ~ x 5. NON-Anm pRTIS?n REAR iNGC • f 6. CITY MANAGER'S STAFF RFVnymC * * # * ~ City Council Ninutes September 4, 1985 Page 7 7A. DISCU SC PR ec BY N i A DVI ORY IS ION AS R AppOINT - Item co¢- (30) tinned from July 31, 1985 meeting. (0100-00 ADMINISTRATION) Mr. Buq net req neat ed item be brought Forth and ex pr eased that some type of pro- ceae should 6e set up for the ecreeving of appl is ante with more i¢volvement made in the procea a. Nay or Nikels suggested that when [here is a vacancy in the future, the Nay or v ill appoint a two-member suhc ommit[ee from Council to interview the appl icante and recommend the top cendidet ee [c Council for final coneideratiov. Council concurred with the suggestion that the subcommittee members be on a ro- tating basis end the pr Deese be used for [he appointment of all City committees and commiaeione, ezcept the Pl ginning Commission which vas done in depth 6y all members of [he Cou¢c il. ACTION: Mayor Nikela selected Council members Nr fight and Buq net to screen ap- plicen[e for the Adv ivory Commission vacancy with Counc il'e concurrence. •+fr+ Mayor Nikela called a recess at 8:30 p. m. The meeting reconvened a[ 8:45 p. m. with all members of Council present. **+,ttr ADDED ITEM: Req ueec from Jemea Frost, President of the Et iwende Nie for is al So- (31) cie[y, to eddr sae Council regarding unapproved removal of hietor ical palm tr see along Vic torie Avenue. (1402-06 RIS TORY) Al eo addreea ing Council roe: David N. Long, from [he Church of Jesus Chr fiat of Le[[er-day Sainte. Ae stated [bet they [tied to have the trees moved, but because of the high risk involved from Edison paver lines, they rare unable to do so. Also, the areas rare in [heir deal fining years. Instead they bed [he trees re- moved, but are replacing [hem with tro thirty-foot pal ma end three tren- ty-foot pal me. Jim Prethez, landscaper. Re stated he bed covtected Jcn Noralee of Norales Olive and Pelm Trees in Sao Diego. The frees rare checked, end he rould not rick moving them. ACTION: Council received the report and was pleeeed [hat [he trees rare being replaced vi[h specimen [tees. • * ~ R NOTION: Moved Dahl, seconded by Buq ue[ to adjourn the meeting. Motion carried unanimously S-0. The meeting adjourned at 9:00 p. m. Re s pee [ f ul l(`y/~~'/~~u`(b'/am/i~~t, tj'e~d~, Q~`~~ Beve Authel et City Clerk Approved: September 18, 1985 S~~T~r~e~R ~ B. • Aso cc'cn.tfp,~ CITY OF ~r j Q RANCI-10 QJG1N10NGA ~_ ~ REDEVELOP:~IE,tiT AGE\CI' ~ ~ AGE; DA 1977 Lions Park Comnmoity Center 9161 Baee Line Road Rancho Cucamonga, California B estemb er 18. 1985 - 7:00 o. m. • A. Roll Call: Wright Buq uef Mikels Dahl _, and Ring _. e. Approval of Ninute s: August 7, 1985 1'he foil acing Coneen[ Calendar iter are expected to be rw[ine and noo-eontro~eraial. They will be acted upon by the YDA at we tic ~ithwt diaeaaaiw. A. Approval of Loan request and repay ocen[ in the amount of $1,000,000. RESOLUTION N0. RA 85-09 A RESOLUTION OF THE RANCflO CUCAMONGA REDEVELOPMENT AC ENCY BOARD REQU EB TINC AN ADDITIONAL LOAN FROM THE CITY OF RANCHO CUCAMONGA IN ORDER TO SECURE TAX INCREMENT FOR FISCAL YEAR 1985-86 L G~GAtp ~~ CITY OF ~' j ~~ RANCHO Q1G4'~I0NGA ' ~ C~~//I'~TY`` 77~C~~~0Li:VCIL F ~ Z LL.r~V1I1 :J > 1971 Lions Park Community Center 9161 Bese Line Roed Rancho Cucamonga, California Seotember 18. 1985 - 7:10 o. m. All iter ~ahmitted for the Ciry Conne it Agenda rmt be iv meriting. The deadline for aah~i[ting these iter i• 5:00 p. m. oa the Vedvemdq prior to the rating. The Ciry Clerk'• Office receives all ~ac6 iter. 1. CALL TO OiDIR O A. Pledge of Allegiance to Flag. - B. Roll Call: aright Buq uet _, Mikele Dahl _, and Ring _ C. Approval of Minutes: August 7, 1985 August 21, 1985 Sep[emb er 4, 1985 7- Ar00tCA1®TS/P~[~?ATIOVB A. Thursday, Sep[emb er 19, 1985, 7:30 p. m. - PARR DEVELOPMENT CONK IBBION, Lione Park Community Center. B. Th ured ay, September 19, 1985, 7:00 p. m. -JOINT CITY COUNCIL b CUCANONGA COUNTY uATER DISTRICT, Ne ighb orhoad Center. C. Nedne sday, Septem6 et 29, 1985, 7:00 p. m. - P1. ANN INC C OMMTSSION, Lions Park Community Center. D. Thursday, Sep[emh er 26, 1985, 7:30 p. m. -ADVISORY .;Onna58ION, Lions Park Commini ty Center. ~J C~ City Council Agenda -I- ibe Eollwiq Covent Calendar fifer are expected to be tontine and norcwtrwareial. Tbey hill be acted npon by [be Corcil at one tir ~itbwt diecreion. A. Approval of Narrante, Register No"e. 85-09-18 and Payroll ending 9/1/85 Eor the total amount of $1,090,197.84. E. Porvard Claim (CL ES-27) against the City by Victor e. and Nil ma Barton, auto accident, May 16, 1985 at Et iranda Avenue end Righl and Avenue, to City Attorney and Io eurance carrier for handling. 0. Approval to accept Real Property Improvement Agreement and Liev Agreement for 13431 Caceie Street, cub witted by Jimmie evd Sharna Lyman. RESOLUTION N0. BS-266 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF RANCRO CUCANONCA, CAL IFORM IA, ACCEPTING A REAL PROPERTY IMPROVEMENT AC REEMENT AND LIEN AG REENENT PROM JII4fIE AND SRAWNA LYNAN AND AUTNORIZ INC TqE MAYOR AND CITY CL ERR TO SIGN SAME D. Approval of Improvement Agreement and Improvement S ecur icy for Parcel Nap 9103 located south aide of Laurel betreen Aspen and Oek, submitted by Daon Corporation. RESOLUTION N0. BS-26] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANG NO COCANONGA, CAL IPORN IA, APPROF ING PARCEL MAP N0. 9103 (TENTATIVE PARCEL MAP N0. 9107), IMPROVEMENT AC REEMENT AND INPR(N EMENT SECURITY E. Approval of Street Frontage Lien Agreement betreen Christine L. Steiger end the Ci[y of Rancho Cucamonga for circa[ and frontage impr ovemente at the sou[hrest corner of Baee Line Road end Turner Avenue. September 2B, 1985 1 5 LO 16 17 ^_5 Z5 City Council Age ado -3- Septeab er 28, 1980 • RESOLUTION N0. 85-268 35 A RESOLUTION OP THE CITY COONCII. OP THE CITY OP RANCBO COCAMONGA, CAL IFORII IA, APPROVING STREET FRONTAGE CONSTROCTIOfl LIHN AGREEMENT B EINEEN CHRISTINE L. STE IC ER MD THE CITY OP RANCHO CUCAMONGA F. Approval [o vacate a portio¢ of Medr one Avenue in 36 connection with [he ieeuavee of n buildi¢g permit Eor Cesk 'N Cleaver site located at [he northeast corner of Madrone Avenue nod 9th Street. RESOLUTION N0. 85-269 37 A RES OLOTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCANONCA, CALIFORNIA, SUMMARILY OFIDERINC TAE VACATION OF A PORTION OF NADRONE AVENUE G. Approval [o award Utica Street Storm Dreiv Pr of ec[ [o '0 U¢ited M Construction (CO 85-94), the lowest, reapona ible bidder, for the Bid amount of 5313,859.00, and approve Resol utio¢ orderi¢g cha¢gea to Aeseesmant Dia[r itt 82-1 [o Eu nd construction, end [ha[ City Council accept pr opoeals from Ae soc iet ed Evg iveera (CO • 85-95), for con e[ruc[ion atak ing, in Che amount of $8,000.00, aad Richard Mille Aea oc iatee (CO 85-96), for [he materiels and soils teat ivg, in [he amount of $1,200.00 RESOLUTION N0. 85-270 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC RO COCAMONGA, CAL IFOMIA, ORDERING CHANCES AND NODIP ICATION IN THE PROCEEDIAGS AND ASSESSMENTS IN A BPECIAL ASSESSMENT D IS TAICT YU RSUANT TO RUNIC IPAL lMPROV EMERT ACT OF 1913 H. Approval [o award Contract [o Linville-Civ tl iG Engi¢eer a/Lend Survey ore (CO 85-97) Eor Field Survey aad Right-of-Nay Oocumence for Beryl-Hellman Avenue Storm Drain, i¢ the amount of $5200.00. City Counc it Agenda -4- September 28, 198 • I. Approval of Change Order for Arch ibeld Avenue 88 Heau[iE icetion Design Conc epta ConeuLtan[ Cant rett with FORMA (CO 85-78). Ch engea increase limits of ecudy from Bsee Line to [be north, and to the Po oth tll Freeway, end allows for eddit iortal study of commercial area tr ea[ment. Contract change ^o[ to exceed 19,327 [e be drawn from the Hasa[ if ication Fund. J. Approval of Loan [o Cbe Rancho Cucamonga Redevelopment 91 Agency in Che amount of $1,000,000. RES OLUTIOA N0. 85-271 92 A RES OLOTIDfl OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, LOAA INC FUNDS AND SETTING INTEREST AATE(S) ON LOARS TD THE RANCRO CUCANONCA REDLY EL OPMENT AG ERCY, AND RESCINDING SECTIOfl 1 OF RESOLUTION N0. 84-315 R. Approval of Fiscal Year 1985-86 Block Grant 94 Administrat ion Contract with Cotton/Heland/Aeeoc iatee (CO 85-98). L. Approval to authorize crert of er of $20,280.00 from City LOB Fac it itiee Pe reonnel Attou nt [o City Facil if iea • Contract Services Ac Count for janitorial ee rv tees con tree t. M. Approval to award Contract far interior and exterior !09 painting of Lions Community Center co loxes[ resporte ible bidder, Ct oy Painting A Construction (CO 85-99), in the amount of $7,998.00. N. Approval of Resolution authorizing [he suhmittel of L11 1984 Slate Park Act Gran[ applications for three (3) pr of Bete, Lions Community Center, Lions Park picnic area and tennis complex improvement e, and the Beryl Park tennis complex improv emen[e. RESOLUTION N0, 85-272 It7 A RES OLUTIOfl OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONCA, CALIFORNIA, APPROVING THE APPLICATION POR GRANT PUNDS ONDEA THE REC IOflAL COMPETITIVE PROC RAM OF THE CAL IFOAN IA PARR AND RECREATION FACILITIES ACT OF 1984 FOR TAE LIONS COMMUNITY CENTER ERYAflSIOfl, TAE LIONS PARR PTCN IC AREA AND TENA I5 COMPL ER IMPROV ENENTS, AND THE BERri PARR TFNN IS CEATER COMPL ER PROJECTS City Council Agenda -S- September 2B, 1985 • 0. Approvnl to award Bid of Arch ibeld Avenue serer and street construction project to the lwest, reeponeib le bidder, T.A. Rivard (CO 85-90), for [he amount of $2,178,035.85, and recommend that City Council steep[ proposals from C.G. Engineering (CO 85-100) for the construction staking ($34,250.00), and from LaBelle ConeuLtante (CO 85-101) for [be materials testing (44,700.00). P. Set public bearing Eor October 2, 1985 for Et irenda Specific Plan Amendment 85-01, City of Rancho Cucamonga. Q. Set public hearing for October 2, 1985 Eor Appeal of Planning Commission decie ion on Development Rev ier 84-46, Flaherty. NO ITEMS SUBMITTED . 5. NOF YR'rIeND airg NO ITEMS SDBMITTED 6. CITY MA~ACEt'S STA1F !E[ORTs A. BTATDS ON VECTOR CONTROL ACTIV ITSEF - M update an current vector control act iv itiee within the City. B. FOOTHILL BOUt E~A_R~ GOR_R IDOR STODY: iNTERIN POL iCrEC - Council review of Interim policies [o be applied to development praj ec re along Foothill Boul ev erd prior to adoption of the Poothill Boulevard Plen. C. cTATOC RRpORT ON TvA R ONCO IDATION R O~ cT FOR <OJTNPB_N PAC IPIC BA!DN IN PART BRANCH - Staff rill review the statue and coat benefits of the proposed ah andonmen[ of the Balzer in Petk Line, running north of Ba ee Line Road through much of [be City. D. REV IEY OP BID RESULTC FOR CUCANONOA v o< m ry •Tinp PROJECT 114 1~3 I5+ 197 208 City Council Agenda -6- September 28, 1985 • ~. cooesn soslNNSs A. ~Rpgpp IATION. NOT SO ERCERD 59500.00. POR CAT I. I ?p9 B. CONSIDERATION OF APPOINTING HISTORICAL P RSERVATION 211 CONMISSIOHER r1 LJ Sept sob er 18, 1985 CITY OF RANCHO CUCAMONGA REDEV ELOPMEN^' AG F.N~Y MINUTES The Redevelopment Agency of [he City of Rancho Cuca mooga me[ on Wed needay, Sep- tember 18, 1985, in the Lions Perk Comouni [y Center, 9161 Baee Line Roed. The meeting was called [o order a[ 7:03 p. m. by Chairman Son D. Nikele. Pr eaeo[ were Agency Members: Pamela J. Wright; Cherl es J. Buq uet II; Richard M. Dahl; Jeffrey Ring; end Chairmen Son D. Mikele. Also present: Executive Director, Lauren M. Weasermao; Deputy Director, Jack Lam; Senior RDA Malyet, Linda Daniels. Approval of Minutes: HOTION: Moved by Riug, aec onded by Dahl Go approve the minutes of Aug us[ 7, 1985. Motion carried unanimously 5-0. • t+,t• 2A. Approval of loan request end repayment in the amount of $1,000,000. (1) (0203-06 RDA) RESOLUTION N0. RA 85-09 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RDQUESTING AN ADDITIONAL LOAN FROM THE CITY OF RAMC NO CUCAMONCA IN ORDER TO SECURE TAX INCREMENT FOR FISCAL YEAR 1985-86 MOTION: Moved by Dahl., seta nded by Ring to approve the Coneen[ Cele odor. Mo- tion carried uoani mously 5-0. Mr. Weseerman orated that another Rea olu[ion, No. RA85-10, needed to be added (2) xh ich would establish the interest rate xhich ie rel sled to [he prevailing rate xhich we receive on the cart if icatea of depoei [. Rweve r, Che State lax seta a maximum of 125, eo we ere adding [he phrase, "CO the max imam extent alloxed by lax." Title xae reed by Nr. Nessetmen. RESOLUTION N0. RA 85-10 A RESOLUTION OP THE RAHC HO CUCANONGA REDEVELOPMENT AGENCY BORRWINC FUNDS AHD SETTING INTEREST RATE(S) ON LOANB FRON THE CITY OP RANCHO CUCAMOHCA MOTION: Moved by Ring, seconded by Wr igh[ to appr we Resolution No. 85-10. Notion carried uoani mou sly 5-0. • + + w • + Mr. Nasser men req ueated that [he Agency adjourn [o a closed session to discuea acq uie ition of property by the Agency. MOTION: Moved by Ring, seconded by Wr ighc to adjourn to a closed session to rec onveoe et 7:30 p. m. for the City Council meeting. Notion carried uoani moualy 5-0. 1Te meeting adjourned a[ 7:08 p. m. Reepec [ful ly aub milted, ,.. ~ , ~ , Beverly A. Au th slat Assistant Secretary Approved: October 2, 1985 September 18, 1985 CITY OF RANCHO CUCAMONCA C ZTY COUNCIL MINUTES Regular M [' A regular meeting of Che City Council of the City of Rancho Cucamonga met on Wednesday, September 18, 1985, in the Lions Park Commu ni[y Ce n[er, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:35 p. m. by Mayor Jon D. Mikele. Pr eaent vere Counc it memo ers: Pamela J. Nr fight, Charles J. Huque[ II, Richard M. Oahl, Jeffrey Ring, and Hey or Jan D. Mikele. Also present vere: City Manager, Lauren M. Wasserman; City Clerk, Beverly A. Au Ch ale t; City Attorney, James Nerkman; Aea ietan[ Ci [y Manager, Robert Rizzo; Comnuni Cy Devel opme o[ Director, Jack Lem; Senior Planners, Otto Rrou[il and Dan Coleman; Ci[y Engineer, Lloyd Rubba; Finance Director, Harry Empey; Comm:ni[y Services Director, Bill Holley. Approval of Hinut es: MOTION: Moved by Ring, seconded by Dahl to approve the minutes of August 7, Augue[ 21, and September 4, 1985. Motion carried una ni mou Sly 5-0. • ~ ~ ~ ~ x 2A. Thursday, September 19, 1985, 7:30 p. m. - PARR DEVELOPMENT COMMISSLON, Liona Park Commtnity Center. 28. Thursday, September 19, 1985, 7:00 p. m. - 10INT CITY COUNCIL 6 CUCAMONGA COUNTY WATER DISTRICT, Neighborhood Center. 2C. Wed neaday, September 25, 1985, 7:00 p, m. - PLANNING COMMISSION, Lions Park Cam~ni[y Center. 2D. Thursday, September 26, 1985, 7:30 p. m. - ADVISORY COMMISSION, Lions Park Community Center. ,t ~ : + Mr. Was ae rmen req uea[ed items J end O be removed Eor discussion purposes. Also, add Item 3R, Office Modif ica[ioos. 3A. Approval of Narrenta, Register No'a. 85-09-18 and Payroll ending 9/1/85 for the total amount of $1,090,197.84. 3B. Forward Claim (CL 85-27) age fins[ the Ci[y by Victor H. and Wil me Barton, (1) auto ec cident, May 16, 1985 of Etiwande Avenue and Highland Avenue, [o Cicy Attorney end Insurance carrier Eor handling. (0704-06 CLAIM) 3C. Approval to accept Real Property Improvement Agreement and Lien Agreement (?) for 13431 Caseie Scree t, sub muted by Jimmie and Sfi awns Lyman. (0602-01 AG REEMNT LIEN/IMPRW) RESOLUTION N0. 85-266 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF RANC NO CUCAMONGA, CAL IPORNIA, ACCEPTING A REAL PROPERTY IMPRW EMENT AGREEMENT AND LIEN AGREEMENT FROM JIMNIE AND SHANNA LYMAN AND AUT HORI2INC THE MAYOR AND CITY CLERK TO SICN SAME City Council Minutes September 18, 1985 Page 2 (3) '+D. Approval of Impr wement Agreement and Improvement Security for Parcel Hap 9103 located south aide of Laurel between Aspen and Oak, sub witted by Daon Corporation. (0602-01 AO REEMNT IMPROVEMENT) RESOLUTION N0. 85-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 9103 (TENTATIVE PARCEL HAP N0. 9103), IMPROVEMENT AGREEMENT AND IMPAOV EMENT SECURITY ('+) 3E. Approval of SCreet Frontage Liea Agreement be cween Christine L. Steiger and the City of Rancho Cu<amooga Eor street and frontage improvements at the southwest corner of Bese Line Road and Turner Avenue. C0602-01 AG REElINT/LIEN) RESOLUTION N0. BS-268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC NO CUCAMONOA, CALIFORNIA, APPROVING STREET FRONTAGE CONSTRUCTION LIEN AGREEMENT BETSIEEN CNRIS TINE L. STEIG ER AND THE CITY OF RAMC RO CUCAMONGA (5) 3F. Approval tc vacate a portion of Madrone Avenue in connection with [he issuance of a building permit fot Cesk 'N Cleaver Bite located a[ [he northeast corner of Mad tone Avenue and 9th Street. (1110-18 VACATION) RESOLUTION N0. 85-269 A RESOLUTION OF THE CITY COURCb OF THE CITY OF RAMC RO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING TAE VACATION OF A PORTION OF MADRONE AVENUE (6) 3G. Approval to award Utica S[ree[ Storm Drain Project Co Uaited M Construction (7) (CO 85-94), the lowest, res ponsibie bidder, for the Bid amount of $313,859.00, (8) and approve Resolution ordering changes to As seaemen[ Die[ric[ N2-1 to fund (9) construction, end the[ City Council act epG proposals from Aee ociated Engineers (CO 85-95), for construction staking, in the amcun[ of $8,000.00, end Richard Mille Aas oc ietee (CO 85-96), for [he me [erials end soils tes sing, in the swoons of $1,200.00. (0602-01 CONTRACT) (0401-03 6TR ST ASSESS DIST) RES OLUTIOR N0. 85-270 A RESOLUTION OF TIIE CITY COUNCIL OF TFIE CITY OP RANCNO CUCAHONCA, CALIFORNIA, ORDERING CNANG ES AND MODIFICATION IN THE PROCEED INCS AND AS S ESSNENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO MUNICIPAL IMPROVEMENT ACT OF 1913 (10) 3H. Approval to award Con[rac[ [o Linville-Civil Eng ineera/Lend Surv ey ore (CO 85-97) for Field Survey and Right-of-Nay Doc umen[e for Beryl-Hellman Avenue Storm Drain, in the amount of $5200.00. (0602-01 CONTRACT) (11) 3I. Approval of Change Order £or Archibald Avemue BeautiE ica Cion Deeig^ Conte p[e Consul tan[ Contract with PONNA (CO 85-78). Changes increase limi to of aeudy from Baee Line to the north, and to Che Pooth ill Pr eeway, and al love for additional study of commezc ial area [rest men[. Contract change not to exceed 19,327 to be drawn from the Beautif icetion Pund. (0602-01 CONTRACT) (12) 3J. Approval of Loam to the Yamcho Cucaaomg• ledeveloparmt Agemc~ im the amount of $1,000,000. Item removed for discussion. (0203-06 RDA) II880LOTI011 80. 85-271 A RBSOLOTIOS OP T~ CITT Oi iMCeO COCAMOIIGA, CALIPOglIA, LOAIIIIIG POINS AtD SBTTIIIG I1TdY83T YATB(S) 08 LOAIIS 'IO T88 BMC80 COCAMOw7A IIlmSY~.OPItAT AG81CT, dIID Y65CI8DISG 38CTI011 1 OP lBSOLOTI011 NO. 84-315 (13) 3R. Approval of Fiscal Year 1985-86 Block Gren[ Adminietr atico Contract with Cotton/Beland/As societes (CO 85-98). (0602-01 CONTRACT) Gi [y Council Minu[ea Sep[enb er 18, 1985 Page 3 3L. Apprwal to authorize tranef er of $20,280.00 from Ci Gy Facilities Personnel (1+) Aceou of to City Fecil i[iea Contract Services Account for janitorial aervic ea contract. (0401-00 FUND) 3M. Apprwal to award Contract for interior and exterior painting cE Lions (13) Community Center [o lweat reaponaib le bidder, Croy Peinu ng S Construction (CO 85-99), in the amount of $7,998.00. (0602-01 CONTRACT) 3N. Apprwal of Resolution authorizing the submit [al of 1984 Stale Park Act (16) Grant appl icetione for three (3) projects, Lions Commiof ty Center, Lions Park picnic area and tennis complex imprweme nte, and the Meryl Park tennis romp lax i mprwements. (0402-OS GRANT) RESOLUTION N0. BS-272 A RESOLUTION OF THE CITY COUNC II. OF THE CITY OF RARC NO CU CAMONGA, CAL IFOANIA, APPROVING TlIE APPLICATION FOR GRANT FUNDS UNDER TAE RFIG IONAL CONPETITNE PROGRAM OF THE CALIFORNIA PARR AND RECREATION FACILITIES ACT OF 1984 FOR THE LIONS COMMUNITY CENTER IXPANSION, THE LIONS PAAR PICNIC AREA AND TENNIS COMPLIX IMPRW EMENTS, AND THE BERYL PARR TENNIS CENTER COMPLIX PROJECTS 30. Approval to amard Eid of Archibald Avenue aeaer sad street eons traction (17) project [o [he lweat, responsible bidder, T.A. Rivard (CO 85-90), for the amount of $2,178,035.85, and recos~end that Ci4 Counc it accept propoeQe From C.C. Bngineering (CO 85-100) Eor the cona[r¢c lino staking ($34,250.00), and fro. LaNelle Coasal [ants (CO 85-101) for the r[eriale testing ($44,700.00). Item removed for discussion. (0602-01 CONTRACT) 3P. Set public hearing for October 2, 1985 for E[iranda Specific Plan Ame admen[ 85-01, Ci[y of Rancho Cuceaang a. 3Q. Se[ public hearing for October 2, 1985 for Appeal of Planning Commission decision On Development Rev ier 84-46, Plaher ty. 3R. Added item: Apprwal of Office Modif icaCione for 9360-8 by Jon Young (18) Contrec tore (C085-106) for $19,680. (0602-01 CONTRACT) MOTION: Moved by Nr igh t, seconded by Dahl [o approve Che Coneen[ Calendar minus i[eme "J and 0". Mo[io¢ carried unanimously 5-0. • + f ~ ~ i Discussion of Item 3J: Approval of Loen to the Rancho Cucemo¢ga Red ev elopmen[ Ageucy in the amount of $1,000,000. RESOLUTION N0. 85-271 A RESOLUTION OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, LOANING PUNDS AND SETTING INTEREST RATB(S) ON LOANS TO THE RANCRO CUCAMONGA REDEVELOPMENT AGENCY, AND RESCINDING SECTION 1 OF RESOLUTION N0. 84-115 Mr. Neeserman ete[ed Chat this roe related [a [he RDA i[eme and that at Che end of Section 3 the rorde, "[o the maximum extend poe Bible be Lew," should be added. MOTION: Moved by Ring, eeconded by Mikela [o approve Resolution Na. 85-271. Mali on carried unani mouely 5-0. » •atr++ Discussion of Item 30: Appr oval to award Bid of Arch ibeld Avenue sever aad e treat construction project co [he lweet, res panaib le bidder, T.A. Rivard (CO 85-90), far the amount of $2,178,035.85, and recommend that City Council accept proposals from C.G. Engineering (CO 85-100) for the cone [ruction etaki ng ($34,250.00), and from LaH ells Conaultente (CO 85-101) for the materials testing ($44,700.00). City Council Minutes September 18, 1985 Page 4 The City Attorney stated [hat they were saki ng for a Closed Seaeion per Government Code Section 54956.9(b), poaeib le ltf igat ion with the Cucamonga County Wet er Die tr is t. MOTION: Moved by euq net, seconded by Dahl to adjourn to Closed Session as outlined by she City A[[orney. Motion carried unanimously 5-0. Council adjourned [o Closed Seeaiov a[ 7:40 p. m. and rec o,rvened at 8:00 p. m. MOTION: Moved by King, see onded by Buquet to continue Item 0 to a epeci al meeting an Tuesday, September 24, 4:00 p. m. at the Lions Park Comaunity Center, and direct staff to make overtures eo [he Cucamonga County Water Die[r ic[ for the purp oae of setting up a meeting prior [o [he 24th. Motion carried unanimously 5-0. + + + • ~ f Mz. Wasserman et aced that only No count it memb era would be able Co make the me e[ing scheduled for Thursday, September 19th. Th ie issue has nothing to do with Item "0". Staff will work for another suitable date. No items sub micted No items submi [tad ~+.x+.ww 4. ADVERTISED PUBLIC tEARINGS • • + f + 5. NON-ADVERTISED HEARINGS • ~ b. CITY MANAGER'S STAFF REPORTS (19) 6A. cTATUg ON VECTOR CONTROL ACTI9ITIEC - M update on current vector control ac [iv itiee with is [he City. Report was presented 6y Gene Zd novak i, coneul[ent. (140J-11 VECTOR CONTROL) ACTION: Count it received and filed rep or [. (20) 6B. FOOTHILL BOULEVARD CORRIDOR STUDY: INTERIM POLICIES - Council review of Interim policies [o be applied to development pr of ecte along Foo[h ill Boul everd prior to ad option of the Poa[hill Boulevard Plan. Et off report presented by Otto Rroutil, Senior Planner. (1110-OS MEDIAN/PARKWAY) Councilwoman Wright stated the[ [here ie elr eady a private school on Foothill Blvd. Should another Bch ool try to locate in the Poot6 ill corridor, xould they need a CUP or fol loo the interim pol is iea4 Mr. Rroutil responded [het they xould Eall under both [he interim pol is iee end [he development code. In th ie case, it would require [he addition of a CUP; the interim pol is iee would not change that req uireme o[. Councilman Dahl ate tad that looking a[ [hose xh ich are not allwab le, Council would 6e making a lo[ o£ [he bueinessea along Foothill non-conforming uses. For example, automotive repair including major engine work, Waffler eh ope, painting, body xork, and upholstery; tire sales sod service; and Bruck and trailer rental, aelee, end service. These uses are pr eeently quite heavy along Foothill. He hated turning any [h ing into non-conforming uses which ere so predominate ae these along the corridor. Mayor Mikels ete[ed that [he interim policy would not create any non-conforming uses. Mr. Markman stated that in the interim xe xould give these uses the same non-conforming use pro[ec tioo Chet they xould o[herviee have. The ultimate plan Eor the corridor may or may no[ preclude any of these nee e. City Council Minutes September 18, 1985 Page 5 A lengthy discussion follwed regarding the non-conforming uses for [he Foothill Boul evatd corridor. Mey ar Mikele opened the meeting for public input. Addreaei ng Council were: Jim Barton, Economic Development Director for she Chamber of Commerce, e[at ed that they have had a series of meetings going over the same comments which the Counc it is meki vg. They have worked with the scat f. Nany changes have occurred since the original draft. Basically everyone o¢ the eubc ommittee ie in agreement that we have a catch 22 situation. There are a lot of [hinge which are constructed o¢ Foothill prior to [he city's incorpora[iov. Throughout the meetivge and [he guidelines, everything hea tried to 6e done to protect everyone within ex ie tivg structures right ow. I[ was agreed to make no[if is a[i o¢ through [he interim pal ivies to each one that if they intend [o spend money on [heir tec it icy for imprweme¢te, [hen the City would like to make sure i[ fits into a plan. Certain uaea are marg inel, and ve would not like to see another one built along the corridor. Tim Beadle, Reiter Development, stated they are pleased to see the study is lookivg at uaea and standard e. Regarding commevte on ¢on-conf ormivg uses, he felt the current Development Code pr w idea language which may help if incorporated here. The item in [he interim policy rag arding master planning: there ie a policy which req uiree when proj acts come through that [hey be analyzed in relationah ip to ahe[her they are a large site which should be master planed. Ne felt [he potential the[ ea each project comes through to enlarge [he area for planing to some larger master plan boundary. Nha[ is not in [he interim policy which occurs i¢ other dac ume¢te ouch ae the Haven Avenue Overlay Die trio is the definition of where that master plan boundary is. Re felt someone should gv in and define those subareas which become logical boundaries for master planning. Larry B1 iss, 6644 Carnelian, representing A S R Tire. He said they were not meobera of the Cheober of Commerce. He hoped that during th ie study the planners would go out end talk to each individual bueineaema¢. He asked that this be cuetomed tailored ae mtc6 ae possible to each situation and that there be a good balance between the levdscapiug auu eig sing. There being no fur [her inpu G, Nay or Hikele closed the public portion of the meeting. Mey or Hikele asked if Council viah ed to alter the interim pol is iee as [hey have come from [he Planning Commiseio¢ by giving spec if is direction of change? Caunc it may King responded "yea". Fte felt [hoe ¢nrmal ly the final pr wieione 6 ear a gr sae resemblance to [he i¢[erim Drw ieione. We have been diacueai ng a lot ae it relecee to land uaea under the interim prw ieione that shall noc be eatabl ieh ed in office/prof eesio¢al and ge¢erel commerc iel disGr is [e. Addr easing specifically general commercial, be felt ¢o[h ing wro¢g either in en interim or in a final plan to allw equipment rental yard e, automotive repair, [ire sales end eervic e, truck end trailer rental, sales, and service on Foothill Boul everd in a general commercial die tric t. The issue ee to whether these types of eervic ee ere compatible depends on aesthetic e, screening, end things of the[ ne cure. Ne would ra Ghez see that moat of the items under [he interim prw ieione that eh all noc be eeteh lished in ge¢erel commercial for en interim policy be placed under [he zeq uirement of a Conditional Use Per mi[. After further discussion, Caunc it men Ring made [he follw ing motion: MOTION: Mwed 6y King, seconded by Dahl Co mwe the follw ing if ems [a the list eubj ec[ to Ghe epprwel of a Conditional Use Permit: Automotive Repair i¢clud ing major engine work, suf tl er Shope, painting, body work, and uph ole[ery (except share accessory [o automotive salsa) Tire Sslee e¢d Service Truck and Trailer Rental, Sales, end Service Motion carried by the follw ing vote: Ci [y Council Minutes September 18, 1985 Page 6 AYES: Buq ue t, Mikel e, Dahl, Ring NOES: Nr fight xxxxx Mayor Mikels celled a recess e[ 9:15 p. m. The meeting reconvened at 9:30 p. m. with all memb era of [he Council present. xxxxx x x x x x x (21) 6C, cTATOS REPORT ON TR~CR CONSOLIDATION HEOOPST FOR SOPTHERN PAC IF IG B [DN IN PARR BRANCH - Staff rill reviev the eta rue and coat benef ire of the proposed ab andv nmev[ of [he Baldwin Park Line, running no: th of Baee Line Road through much of the Ci[y. Staff report by Lloyd Hubbe, City Engineer. (1110-09 RAII,ROAD) 1 ACTION: Council concurred the[ the City Engineer should make another war tore to the P[1~ regarding [h is met ter. • x x x x : (22) 6D. REVIEW OF BID RESLrt.TS FOR COGANONGA CREEK RECREATION PROJECT. Staff report by Bill Holley, Commrnity Servic ea Director. MOTION: Moved by Dahl, sec oaded by Buquet to approve the Corps proceeding with the awarding of [he cone[ruc[ion contract [o Hondo Company of Santa Ana (C085-107) for $323,448 for the base improvements of [he Creek at a SOX share cost. Motion carried unani moualy 5-0. (0602-01 CONTRACT) x x x• x x (23) 7A, pppROPRIATION. NOT TO IXCEED $9500.00. FOR CATALOGING OF CITY HISTORI 1 POINTS OP INTEREST AND LANDMARKS. Hay or Mikels presented report ai ace he req ueated the item. (1402-06 HISTORY) Addressing Council [o enc outage [he cataloging project were: Millicea[ Arner Marehe Hanks Maxine S[rane James Hoffer, Nietor ion Jim Frost, Pres idea[ of E[iwaade Hie [or is al Society ACTION: Referred to the Hie [or is el Preservation Commission to prepare a prapo sal For Council find is sting the amount required to do the job adequately and that [he suggested $9,500 vill do. • x x x x (24) 7B, CONSIDERATION OF APPOINTING HISTORICAL PRESERVATION COlB1I55IONER. (0100-00 ADMINISTRATION) ACTION: Mayor Nikele recommended she appointment of Merge Stamm to fill the vacancy. Council concurred. x x x : x MOTION: Moved by Dahl, sec oaded by Nr fight to adjourn to meeting on Tuesday, September 24, at 4:00 p. m. in the Lions Perk Community Center. Notion carried unenimouely 5-0. The meeting adjourned a[ 10:23 p. m. Reepec [f~ully submitted, ~"^`'5~~~'.~~`//'~ C Beverly iA, Authele[ Ci [y Clerk Approved: October 16, 1985 DATE: September 4, 1985 CITY OF RANCHO CtiCAMONGA MEMORANDUM T0: Redevelopment Agency Board FROM: Rarry Empey, Agency Treasurer SCBJ ECT: Loan Request S Repayment ~~cA,xo y. z ~. 2 __ S la__ ~ It appears that during 1985-86 the estimated increment will exceed that available debt to secure it. Counties are casting a critical eye towards RDA's in general and have determined as a result, that total debt service on a bond issue does not qualify as debt each year. Only the portion of bonds and or interest that is retired in the year qualifies as debt for the year. u The debt service requirement for the RDA in 1985-85 is 5806,000, the loan repayment to the Cit}' is $2,000,000 additionally there is 5164,000 to be Daid the city for administrative over head £or a total of $2,970,000. It is estimated that tax increment in 1985-86 will be between 3.4 million and 3.7 million. The agency reeds to insure that there is adequate debt in 1985-86 to cover the en- tire amount of increment that will be received, therefore a request for a loan from the city of S1,000,G00 is re- commended. Another item is the surplus tax increment not required by the trustee for servicing of the TA 84-1 issue. Of the 1.2 million sent to the trustee, 5719,638.84 has keen returned to agency. At this point these funds need to he converted from tax increment to loan proceeds, there- fore it is recommended that 5719,638.84 be paid to the city and ask that it be loaned hack to the RDA. This will main- tain the initial $2,000,000 loan at its current level, and will insure appropriate debt level to secure tax increment in Fiscal year 1985-86. Recommendation: Is to request an additi ona7 51,000,000 Loan Erom the city through attached resolution. Additionally repay 5719,638.84 to the city and request that it be re loaned to the Redevelopment Agency. PASS ID, APPRWED, and ADOPTED [hie 18th dey of September, 198]. AYES: NOES: ABSENT; Jon D. Nikel e, Nayor RESDLaT1ON N0. RA 8]jD~I loans. A RESOLUTION OF TBE RANCRO COCANONCA REDEPELOPnBNT' AG RNCY BOARD REQOESTIPC AR ADUI'1'lONAL LOAN FRON THE C1TY OF RANCBO CUCANONGA IN ORDER TO SECURE TA]( INCREMENT POR FISCAL YEAR 19tl5-86 WREREAS, the City of Rancho Cucamonga fine the authority to grant NON, TREREFORE, BE IT RESOLVED that the Rancho Cucamonga Redevelopment Agency viehea to borrw one million dollar [o incur deb[ to insure retetp[ of all increment for fiscal year 1985-86. ATTEST: Beverly A. Au thel et, City Clerk a7- eesaurion no. nA es-lo • A R[SOLVTIOn ~ iq8 IIMCgO CVCMONCA R®tp ELOPNENT AC ENCY, RORRW [NC FUNDS MD SETTIIIC 3NTEREST RATE(6) OR LOMS FROM THE CITY OF RMCflO CUCMOIICA N gER[A6, the [iq Council [rov time to tive do irn co loan Eonda tv the Ran<bo Cuumnga Redevelopmene Agevq; send N l6REA3, [he Agency ma[ pq am •pPropria[e ivteru[ ute for me of [h eae Fuvda. Rd, THEREFORE, RE IT 0.ESOE.VEO by Ohe Ranrho Cuuvonga Redevelopment Age n<y a fotlwa 6ECi[DN E; An edditivnd tom of 6i ,000,000 i• berehy hmrr wee from Bloc •ted rewnn of the Ci[y of Rancho Cuumavga. 6 ECYIOm 2: M a vast iv[ereac [etc om aid loco to Che Redevelopment Agency will De vhacever the prevailing certi[ic •te of dapoait uee it Eor toed •rv inga and loans ca the mnirvv ntev[ pevieted by lrv. 6¢CEOn ]: Loav to [he Redevelopvev[ Agency by the City vill aucou[icd ly reerv each July L[ unteu cd led by the City [or pry mane thereof. PM6[D, APPROP BD, and ADOPTED thin IRth dq of 6epumber. 3985. AYES: Ncight, Ruq ueq Mik alt, Oahl, Rivg N OFS: Hove M 6ETl T; None • ~//%... tort D,lNik eta, Chairman ATTEBr: ~,,/ ~Laurev N. 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W 'J M Y Ir ~ V M .,w : IV LL' MIVMH I T O < 't Z L VI ~ ~ ¢ n ~¢~~ M ~ I O C `~ Y.W IYw NT ~ ~~ ,Y~1M J wJ..l V Q :~ a ¢~~ LL *)r YH ~J t)H ~~~ NI- L<.. Z2tZ~. wvl wo ^, ¢¢y,~,J Slnw s3 4~ ~ W W W u p. J I ~L =_= S Y~WO .-~N V • fF. W ti~ _~ Z y`~~.7~J Ot Fwt/ wQ N' ~ v~i~~,iOi vLLr ~nHtin+~lC I W ~ h- A.~ON~yy1~1~1~O~N.FDP~F'm.y Vnr'1 .-1~.-~N ~f /'1~~ VJ' Iry .. .1.mmm,~, i.n .vm~j t I i T i~yNwt~~ ,ALL :: a~ZU~~..i i~J a ~ '' U ~ N ¢ O L I a i ~ I ~ LI ~ lJ V ' w G H= H Y I w WM W¢26.~C L I O _O ~{.:L J 2 3 ~ w" > n ~t ~ o r ~w r . NY( ~~ t ~ J zu ~ w ~ ,~ t OZ NH 32 b ion ww 3 ' t W • u 12 0 ~ ]I[ . nESf:.. V y c. ~ ;; N P O P Y w~ x li < O • • r 1 `4 :+=~ I ~I ft`, ~til i l• W 'r aF ~. j' =~ a x g e e e': _C v 0 p p Ii, J ~~ r, ~ ,.~ 1 VINNEDG E, LANCE 6 GLENN. INC. « 44,E A ProEessioral Law Corpot~ation ` w • z' 204 North San Antonio Avenue Ontario, California 91762-3398 ~ ~ ~',; ~ b 3 , (71a ) 9B3-957a CITY OF RANCHO CUCAMONOA ADMINISTF';~TION a A[to:neys for Claimants auc zs ~sg5 5 Si8)nllllBl1~2~3]4,3(8 6 ! 7 8 CLAIM AGAINST A GOVERNMENTAL ENTITY 9 3 0 ', ' 11 !, In the Matter of the Claims of ] CLAIM NO. , i VICTOR H. BARYON and 1 12 WILMA BARYON, ] CLAIM FOR PERSONAL INJURIES 7 (Government Code 905, 910, 13 Claimants, 1 1 910.2) la vs. 1 • 15 CITY OE RAC7CH0 CUCAMONGA, and 1 ] DOES I throug'n 100, Inclusive, ) 16 7 Defendants. ) 17 ] 18 TO THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA: ly YOU ARE HEREBY NOTIFIED Chat VICTOR H. BARYON and WILMA 20 BARYON, whose address is 10567 East FrankmonC, E1 Mo r,te, P1 California 91731, claim damages from the CITY OF RANCHO 2P CUCAMONGA, CALIFORNIA, in the amounts computed as of the date of 23 presentation of this claim, of 51,400,000.00 and 5175,500.:0, 2a respectively. The claim is based on personal injuries susta:~.ed pg by claimants on or about May 26, 1985, at the inte rsectio r. of 26 Highland Ave r.ue (State Route 30) ar.d Etiwanda Avenue, in the City 27 of Ra r.cho Cu ra no rga, Cou r,ty of San Bernardino, State of P8 California. The personal injuries were sustained as a result of Vrv r:pG E. L9' .. 1 fafrn uvi,fu...'m w OYII XIO. GEIf09 u . 'a, S 1]41 iO.95 ) , 1 the following circ umstar.ces: 2 That on or about May 26, 1985, at approzima [e1y 7:39 p.m.,• 3 claimants we:? involved ir, an automobile accident with another 4.1 vehicle while traveling south bou rd on Etiwar.da Avenue through the 5 intersection of Highland Avenue, in the City of Rancho Cucamonga, 6 ', County of San Bernardino, State of California. Claimant, VICTOR ~ I H. BARYON, was the operator of the motor vehicle traveling g southbound and claimant, WILMA BARYON, was a passenger in the 9 ~, vehicle. 10, At the time of the accident, defendants, and each of [hem, 111, negligently owned, controlled, constructed and maintained the 12 intersection and roadways in and around Etiwanda Avenue and 13' Highland Ave r.ue, ir. the City of Rancho Cucamonga, County of San 14 Bernardino, State of Calif orr.ia. As a result of the neglige r.ce 15 of defend arts, ar.d each of them, a da r.c Brous cord ition of publi~ 16 property was c:~ea[ed, ir. that visibility at the intersection was 17 impaired, causing a serious risk of su bstan[ial injury to 19 ird iv id ua is usinn the inte rsectior., despite the exercise of due lg care. 20 The defendants, and each of them, knew, or should have 211' known, that said condition existed. Defendants, and their 22 employees, additionally created this dangerous condition of 23 public p mperty. The defendants additionally violated vati~us 44 ma r,d atoty duties relative to the maintenance of said area. 11 1 pg The names of the employees of the governme r.tal entity ca red 26 as defendant in this claim who created and caused these da r.ge_ous 27 conditions of public property are currently unkcowr.. • 48 Claimant, VICTOR H. BARYON, sustaiced injuries, as fat as ViN nt-cf LA xC s GlCN4 irc .2. OniA PIO.~CAL~lOP YIA 1 kr.owr. as of [ne date of presentation of this claim, consistir.q of • p~ multiple external ar,d ir.terr.al injuries ar.d fractures, with 3 possible permanent physical limitations. q. Claimant, WILMA BA RTON, sustained ir,ju ries resulting in her g'. being placed under medical supervisio r, and care relative to such 6 ~ injuries caused by this accident. 71~', Claimant, WILMA BARYON, as a result of the injuries to 8 claimant, VICTOR H. BARYON, has been denied [he co r.jugal society, g,, comfort, affection, companio rship and love of her husba rd, VICTOR 10. H. BARYON. Claimant, WILMA BARYON, was deprived of the 11 ~;~ consortium of her husband from [hG date of May 26, 1985, until 12 the present time, and will continue to be denied and deprived of ' 13 her husband's consortium. ~ ]q Additio r.a Lly, at the time of the accident, claimant, WILMA • 15 BARYON, was in close proximity to [he above described collisior. I6 and personally wi[r,e ssed the collision. Because of the ' 17 negligence of de fendar,ts, and as a proximate result thereof, 18 WILMA BARYON susta ir.ed Brea[ emotio r.al distu rba r.ce ar.d shock ar.;'. lg injury to her nervous system, all of which has caused, continues PO to cause, and will cause her great physical and mental pair. ari 2] suffering. 22 T'he amount claimed as of the date of prese r,tation of U,., 23 claim is computed as follows: ' 24 CLAI M.A NT, VICTOR H. BARYON: 25 8xpenses for medical and hospital care S 140,000.0' 26 Loss of earnings and ear r,ir,q capacity Present Ly ^nascertair.ed 27 28 /// VIVYI:uf. L+' .:E t G 1[xY ' ~ e. . ~ . o r ,. ~ 9 . ~ „ ~ .r ,a ovn elo. uurce~ne I]'11 91 J•9l ]1 1~ General damages $1,260,000.00 i l d • i 2 Tota amages incurred [o date 51,400,000.00 3 Estimated prospective damages as known: 4, Future expenses for medical and hospital care Unknown 5~ , Future loss of earnings and earning capacity Unknown 6 Other prospective general damages Unknown 7 ~~, ~''~, Total amount claimed as of date of I presentation of claim S1,400,000.00 gl l 9~' ICLAIMANTr NILMA BARYON: 30 I Expenses for medical and hospital care $ 500.00 11 ~~, ~ Loss of earnings and earning capacity Presently ' Unascerta fined 12 " 13 General damages S 25,000.00 14~ Loss of consortium, emotional disturbance, mental and physical pain and suffering S 150,000.00 • t5 16 Total damages incurred [o date S 175,500.;' 17 Estimated prospective damages as known: 18 Future expenses for medical and hospital care Unknown 19, Future loss of earnings and earning capacity Unknowr. 20 Other prospective special damages Unknown 21 '.' J Prospective general damages Unknown 22 Total amount claimed as of date of ~ presentation of claim $ 175,5^'. ~ 23 24 All other notices or other communicat ions with regr._ 25 this claim should be sent to claimants fir. care of VINNEDGE, L:\•. :~ 26 6 GLENN, INC., 204 North San Antonio Avenue, Ontario, Calif o: r. ;a 27 /// • 28 /// l'iE04f Lr'ne; ~ 1il OI4 PY. x011 fill R10, C:I~~r:P'iIP 1 91762-3399. • 2 DATED: August 29, 1995 3' 4, 5'' 6' 7 ~'i Bpi 9~', 30 ~i 11 ,', 12 13 l4 15 16 17 19 19 20 21 22 23 i 24 25 26 ® 27 28 wrn mof. levLf ' N GLfNn, Inc fE. nefM wOe~Y p: M1Uf i~ onuuo. cuiwnnu i nui no.~ea '~INNEDGE, LANCE 6 GLENN, INC. ay Ia~LE.~ ~ ! r/ ,~Lak ME McCALL ON ( or HAROLD J. LANCE) !Actor eys Eor Claimants -5- CITY OF RANCHO CGCA.~fONGA STAFF REPORT DATE: September 18, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Joe Stofa, Associate Civil Engineer C GCGS/pt, 2`~ J ~'^ x ~~:'- ~~'~- w'- SUBJECT: Acceptance of Real Property Improvement C:~ntract and Lien Agreement for 13431 Cassia Street submitted by Jinonie and Sh awna Lyman. Mr. & Mrs. Lyman, property owners, have applied for a building permit to construct a dwelling unit on the property at 13431 Cassia Street. The property does not front upon any public streets. The access to the lot is provided from East gvenue by an unpaved access through private easements among the adjacent property owners. • As a prerequisite to issuance of building permit for landlocked parcels as established by City Council Resolution No. 80-38, an irrevocable offer of dedication on the portion of the access for street purposes and a lien agreement for future street fmprovements are required. The document for the offer of dedication for that portion of Cassia Street has been previously executed and Mr. and Mrs. Lyman have entered into a lien agreement to provide the required street improvements at some future date to be determined by the City. RECONMENDRTIDN Tt is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to accept and sign the lien agreement on behalf of the City. Re syectfully subm' ted, ~-Ll c~ ~~ LBFy,:~JS:de , Attachments f0 - SU1f.MiI l22n0 StAEE t) gVEN1lE i -~, .~q .. W~Po/I I2r~'' Po1~ y1 W9P ~ ~ ~ .~ a '/3 66 C __ I ., S ox AL Q i ~9~/6. ,./ ~ c ., ROTECT ~ .x,, - ; 5/TE ]. ] .9ri: 1J1 Ao/ 1 ~~` e/z ~~ :5r e~ 18 !" '- __ W' Q !? , --~ 2n 2--3i-I. _-~--~ e W C:>x,w £~ 5 .~. ~ 5 I5 5x r~ 3x;.;.;, = ~ 13431 Cassia 'V~ ~_s, // p~K~ • RECORDIX6 REgD ESTER BY: and 4 NEN RECORDED RAIL T0: CITY CLE9K CITY OF 0.ANCH0 C~JC AMDNGA P, 0, Bon B07 A AVLHD CU CAMDNG A, CAL IF OAR IA 91730 RE XL PROPERTY IMPROV EVENT COXT RRLT AND L[EX A6R EEMEMT TNIS AGREEMENT, made and ent!red into this day of 19_, by and between Jimmie 0, Lyman 6 Shawna Lenore Lyman, husband and wife as joint tenants (hereinafter referred to as "Oevetaper^), and the CITY OF RANL40 CULAMONGA, CAL If DRN1A, a municipal corporation (hereinafter 1 ref bred to as "City"), provides as follows: NHEBEAS, as a general condition precedent to the • issuance of a bu+lding permit far a single family residence, the Cify requires the construction Df missing off-site street improvements including curb, gutter, sidev elk, 4. r, pavement and street light adjacent to the property to pe develaoed; and NHE0.EA5, the Oevelpper desires to ppstp one canstr action of such improvements until a lacer date, as determ inea by toe City; and NHER EAS, the City is agreeable co such postoonem not Drovidetl that the Developer enters Into this Agreement re quirinn the OevelpDer to construct Bald impraVements, at na esDen se ~. the Lity, after demand to do sn by the City, which said Agreement ihait also Dr pvide that the [ity may cans tract said improvements if the Oevel oper falls or neglects tp do sq and to at the L~tv shall have d lien upon the real property herein df ter descr lEed as security for the Developer's pe rfarmance, and any repayment due City. I ~L HO'A, THFREFORE, THE RARTIES AGREE: 1. The 9ev elpper hereby agrees that Developer will init all Off-site street impravem ents including curb, Putte^. sidewalk, A.C. pavement and street light in ic<ord once and comolian ce with all applicable prdinanc es resolutions, •a'es and regulations of the City in effect at [he [i ne Pf the installation, Said improvement; shall be installed upon and along Cassia Street adjacent to oerelpper's prooerty hereinafte^ described not to exceed the centerline of said street or beyond the frontage of the suuject prooerty eecept as repu,r_d to provide for adePaa[e drainage dna traf/ic transition per .+:v standards. 2. The instatlatf on of said improvements shall be completed no later than one (1) year following w.itten no [ice to the Oevelooer from the Lity to commence install anon of ene • same. Installation of said improvements shall be a[ no expense to the City. 3. to the even[ the Developer shall fail nr r=fuse to cOmple [e the fnstdllatiPn of said improvements in a timely manner, City may at any time there of ter, upon giving tae OeveloDer written notice of its intention tP Ap sp, enter upon the property hereinafter de scribed and complete said improvemen [s and recover all costf of completion incurred by [he City f.om tu° pev Q7pPer, 4. Ta secure the Performance by the gevelpper of '. terms and ca nditions of tots Agreement and to secure 'we repayment to City of any funds wrri ch may be eapentled by rite ~~ completing said impr ovemen[s upon def autt by [he Develune• hereunder, the pevetoPer does by these Presents grant, Oar yai n, sell dnd convey to the City, in trust, the follawinp described real property situated {n the City of Rancho Cucamonga, County of • San Bernar diPp, State of f, dlif OrPi d, Lo•wit: 2 ~} Parcel !4 pf Parcel Hap !3657, as record eA in look 31 pf Parcel Maps, pages 23-26, records in the office Df County Pecorder pf said County. (APN-225.191-231. 5. This cpnve yance is in Crust for the purposes desoibeC above. 6. Nab, therefore, ff [he geveldper shall fat thful7y perform all pf the acts and things tp Se done under this Agree m¢nt, tnen this conveyance shall be vo!d, otherwise, .. shall remain in full force and effect and in a17 respects shall Se considere7 and [rooted as a mor [gage on [he real proper [y and the rights and ob Vgations of the parties with respect :beret) shall be governed by [he prvvi si ons of [he Ci vi7 Cade pf the State pf California, and any other applicable staLrte, Dertaining tv mOrtga ges on real pr voerty. 7, This Agreement shell be binding uvpn and shall inure . to the benefit of [he heirs, exec u[ors, adm inistnto rs, successors and azs igns pf each of the parties hereto. 8. Tp the a+t ent regained tp give effect of this Agreement as a mortgage, the term "Developer" shall be "mor tgagor^ and the C1 [y shall be the "mortgagee" as those terms are used in the Me Civfl Code of the State pf California and any other statute pertaining to mortgages on real property, 9. IT legal action Is cnmmen eed to enforce any p/ proof si ons Of thts Agreement, t0 recover any sum which the [ , is entitled to recover from the Developer hereunder or , foreclose the mortgage created here0y, then the prev siting par., shall be entitled to recover its costs and such re asonar'~ attorneys fees a5 shall be awarded by the Court. J ,y 3 [~s- IN NtTNESS 'NHER EOF, the parties hereto have executed this Agreement on [h< day and year /first above wri [ten. CITY DEYELOPE0. CITY OF RANCHO CUCAMONGA, _ [RL IFOR 9IA, a municipal <orD Oration /~ _ BY ~- on ,. N x! 5 Ndyor ATTEST Beverly A. Authe et City Clerk STATE OF CALIFORNIA ) ss COUNTY OF SAN BERNARD7N0) On ,19_.oef ore me th! un erf 9ned Nardry u IC, per50na y dDDldre Y 4,N,L$ and BEVERLY A. AUTMELET personally known to me to be :he 4ayDr and City Clerk, respectively, a' the LSiY OF 0.AH[4D LUCANON SA, • CALIFORNIA, a municf pal core oration, and known [o me b )¢ [he per5nn5 who executed the wi tlri0 105!rUm¢nt on b2half Of sdfd muni ripal corvor atiDn, and acknowledge? to me that such munic'p al corporation executed it, NITNESS NY NANO AND OFFICIAL SEAL. Notary rgn azure STATE OF CAL IFO0.NIA 1 ss COUNTY Of SAN BEANRRDINO) ON this the > ~ day, at (l/; !,i.; J' bef>~• me. ~ l 4r lmrlr~/~ Cr'l~~ _ ' - t~ un d y appedre Ou 61 is persona l igned Yo~ er s rr.~ mi. f ai, err /: /, ~~~ ~~ ~~ ~~ persona Y mown to me proved to me on the oasts of satisfactory evidence to oe the person(s) whose name(s) Ar< subscribed [D '. wi roln instrument and acknowleged th a[ executed it. NITNESS 4Y MAND AND OFF ICIRL SERL. '~ OFFICIAL ;CAL ~ ,, T ...~ rm-r ~:r a"vuc. uo/cex~A an enmrninD r^u.,n notary gna cure Q Nr ^~ r.wn wa va. Tana NOTE: NNEN OOCVMENT Ii EXECUTED BY ~ OORDOg11T ION OR PARTMER$N[P, • T EM~ NI TABLE. F LEOG A ~ N~~ t~ S REQUIREO LEOGEME AT OORPOR~TIBN/PAA 4 /~ / J' ~~.-- IrN RESOLUTION N0.{~99=i'8='B1R DS'~6~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JIMMIE AND SHAWNA LYMAN AND AUTHORIZING THE MAYOR AND CITY LLERK TO SIGN THE SRME NHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 80-38 on May 7, 1980, tc establish requirements for landlocked parcels where no subdivision is occurring; and WHEREAS, 13431 Cassia Street located between Highland Avenue and Summit Avenue and east of East Avenue, is a landlocked Parcel within the meaning of said Resolution No. 80-38; and WHEREAS, Jimmie and Sh awna Lyman has executed a Real Property Improvement Contract and Lien Agreement. 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 Mayar 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 18th day of September, 1985. RYES: NOES: ABSENT: on M ke s, ayor ATTEST: Bever y A. Aut a et, ity er e /G • O CITY OF RANCHO CUCAMONGA STAFF ftEPOftT DATE: September 18, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician C~U.Np ^. x;~; ~~> ~ 'z F f(, Z 19'C SUBJECT: Approval of Improvement Agreement and Improvement Security for Parcel Map 9103 located on the south side of Laurel between Aspen and Oak submitted by Daon Corporation Parcel Map 9103 was approved by the Planning Comnissfon on April 24, 1985, for the division of 8.33 acres into 6 parcels in the Industrial Specific Plan Development District located on the south Side of Laurel between Rspen and Oak. The Developer, Daon Corporation, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: E88,000.00 Labor and Material Bond: E44,000.00 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Parcel Map 9103, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Resp ctfully submitted, LBH:L :jaa Attachments 17 CITY OF PAXCHO CUCAMOXGA IMPROVEMENT pGREEME MT FOR Parcel Map 9103 KNOW ALL MEN BY THESE PpE5E 9i5: That this agreement is made and entered into, to conf ormancx ei[h the prgv is tans of the Municipal Code and Regulations pf Ghe City of Rancho Cucamonga, State of CeliPornf a, a municipal cprppratia n, heretnaf ter referr- ed to as tAe City, by and between said City and Oapn Co rpo raN on hereinafter referred to as the eve oper. TNAi, NNEfl EA S, said Developer desires [o develop certain real property in said Lity located south of Foo the it Boulevard beMeen Aspen and Spruce and NxEREAS, said City has established certain requiremen [s to be met by said Oev glop er as prerequisite to granting o! final a ppr ~Ual; and NNEREAS, [he execution of this agreement and posting of Improvement security as hereinafter cited, and approved Dy the L iiy Attorney, are deemed to be equivalent tp prior cdmplet ion of saitl requirements for the purpose of securing safd approval. NON, THEREFORE, it is hereby agreed by and Detw een the City and the Developer as /oltows: 1, The Developer hereby agrees to c0 nztruct at • developers expense alt improvements descr ibex on page 6 hereof within 12 months from the date hereof. 2, this agreement shall be eff eciive on the date of the resolution of the Council pf said Lity approving this agreement. This agreement shalt De in default on the day follow- ing the first anniversary date of safd approval unless an exten- sion of time has been granted by said C1 ty as hereina/ter provid- ed. 3. the Developer may request additional time in which to cample to the provisions of this agreement, to writing hat less than 30 days prior tp the default date, ana including a statement of circumstances of necessity /or additional time. In considera- Lion of such request, Che City reserves the right to review the provisions hereof, including canstructi on standards, cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by sub itantlal than ges therein. e. II the Developer tails or negiecti to comply with the provisfons of thfs agreement, the City shalt have the rl ght at eny time Lo cause said prove si ohs to be completed by any law- fui means, and thereupon tq recov¢r from Bald Developer and/or his Surety the lull cost and expense lncvrred in so doing. 5, Construction permits thall De oD[alned by the Oevel- aper from the off fce of the City Engineer prior to start of any work wiChin the pool is right-of-way, and the developer shall conduce such work in full compliance wf th the regulations conLalned therein, Non-compliance may result in stopping o/ the Mork by Lhe Ci[y, and assessment pf the penalties provided. 6. Public right-of-way improvement work required shall De constructed In conformance with app rav ed Improvement plans, • Standard Specific aLion s, and Standard Drawings and any special .I, /fl S.f., O.R., Res., p.M.,CUP r~ amen dm cots thereto. Construction shall include any transitions and/pr otAer incidental work deemed necessary for drainage ar public sa/e[y. Errors or pmmisiians discovered during cons[ruc- tlon matt De cprr e<tetl upon :he direction o1 the City Engineer. 0.evised wprk due tp said plan modifications Shali De covered Dy tAe provisions of this agreement and secured Dy tAe surety covering [he original planned works. 7. York done witAin existing str ee is shall be diligent- ly pursued to comp) etton; th< City shall have tA< right tp complete any and all work in [he <vent oI unj ust[f tea delay in completion, and tD recover all cost and expense incurred from the Oev<loper and/nr his Con[rdC[Or Dy dny lawful T2 ans. 8. TAe Developer sA all De r<iponiiSle for replacement, rein cations, or removal of any cpr.~ppnent of any irr i9atlan wafer system in conflict with the repaired work tp the satisfaction of the City Engineer and the owner o/ the water system. 9. TAe Developer shall De resDOnsible for removal 01 all loose rock and ether debris from the public right-pf-way. ID. The Developer shall plane and maintain parkway trees as directed Dy tA< Community Develp pm en[ Director. ll. The improvement security [o be turn fished by the Developer [o guarantee completion of the terms of this agreement shall De suDj e[t [o the approval of [Ae City Fttarney. TAe pNn- clpal amount of said improvement security shall not De less than the amount shown: • -2- ~~~ / 9 FAITHFUL PERFORMANCE TYpe: Principal Amount: $80, 000.00 Name and atldr¢ss of surety: MATERIAL AND LABOR iYpe: Principal Amount: $Aa.000.00 Name and adCress df surety: CASH DEPOSIT MONUMENTATION Type: Pn nc ipat Amount: $1 ,500.00 Name and address of surety: TO BE POSTER PRIOR i0 ACCEPTANCE NY THE CITY Irv NITNE SS HEREOF, the parties hereto have caused these presents to he duly e.ecut ed and acknorledge with all faraali[ies required Dy lan on [he daces set forth opposite [heir signatures. Date by , Developer ignature Date Ey Oevelaoer • ignatu re Printetl Acce Pted: City of Rancho Cucamonga, California A Municipal Corporation By: Maydr Attest Approved DEYELOPEp'S SI GMATURES MUST BE NOTApIZEO • _7_ ~~~~ aO C fTY OF RgNCNO CUCpMOMtq ENGI NEERIN6 DIVISION ENCpOgCHNENi PERMIT FEE SLMEOOLE En9ESt For ImDrovemMt: Pa r<ei Mao 91C7 Dd[t: 9/4/E5 anpute y: ken Bon re File Reference: Ae sa we'nn ES-5L City Orating No. 4C4 - Sheets 9.10.!3.15,19 6 20 NOTE: Ones not SM lode current fee for writing perwit Or parenmt deposits OVANT [iY UNIT ITEM PRICE AMOUVT L.F. P.C.C. cu r6 - 12" C. F. 24^ gutter ], 25 L,f. P.G.C. curb - 8" LF. 24" gutter 6.00 L.F. P. Ca C, taro only 5.50 L.F. A.C. been 4,50 '1. 1;4 S.F, 4" P.C.C. sideHalk 1.75 Jn rfi9 ~ L c86 S.F. pri ve approach 2.50 .^t5 '.n S.F. B" P.C.C. crass gutter (inc. c rh) 7.40 _.,_ C.Y. Street eecavation L50 C.Y. Imported eM an kment 1.50 S.f. Preparation of zubgr ade 0.15 S. F. Crushed agg, base (per Inch thick) 0.03 TON A.L. (over 1300 ions) 27.00 _ TON A.[. (900 to 1700 Ions) 15,00 - TON A.[. (500 to 900 tons) 45.00 - 70N A. C, (under 500 tans) 60.00 _ S.F. A.C. (3" [hick) 0.55 _ S. F, Patch A.[. (trench) 1, )5 5R .2 t0 S. F. 1" thick A.C. ov er loy 0.30 70.~57.~n, EA. Adjust serer manhole to grade 250.00 EA. AUjusi serrcr clean out is grade 150.00 EA, Adjust rater valves to grade 75.00 -- 25 EA. Street lights 1000.00 r0 • L.i. Barricades (inters ec. f600 min) 1.00 L.F, 2 a 4" redwood heaeer 1.75 S. F. genoval of A.C. pavement 0.35 L.F. Removes of P.C.C. <urC 3.70 LF. gemoval pf A,C. perm 1.00 -~ EA. Street st ans 200.00 EA. qef lectors and posts 35.00 L.f. Lonc rate 61 pck call 25.00 S.F, Retaining call 20.00 TON gggrega [e Case 7.00 -- C.Y. Concrete structures 425.00 -- - L.F. 18^ RCP (2000 D) 29.00 - L.F. 24" 0.CP (1500 0) 75.00 L.F. 36" RCP (2000 0) 49.00 --- L.F. 18^ RCP (1200 D7 76.00 FA. Catch basin N 4' 2000.00 Eq. Caton basin N ~ 8' 2900.00 ---- EA. Catch Casin N ~ 22' 4500.00 Ep, local Oepresslon 4' 500,00 EA. Loc a1 depression 12' 1000.00 EA. Ounc[ian structure 5000.00 EA. Patlet structure, Std 1506 1500,00 ~-- -- ~. EA. Outlet structure, Std 4507 500.00 5_i_:J EA. Guard posts 40.00 L.F. Guard panel (rood) 25.00 • --- L.F. Sant ut 2.00 - EA. Neadwalt (4B" wtnq) 4000.00 `- L.F. Redrpod header Lis `--- $. F, Landscap fng d irrigation 2.75 L.F. Aall curb (P. C.C.) 7.50 EA EA. Street trees ? 35' curb to curM1 ]0.00 _ ~ ENGINE EA ING INSPELT(ON fEE v~t~(1r,$'cb $UR i0T41 B~~.000.SO aRESTORAi(ON/OELINEAT[ON CASH T.bbSaS- CONTINGENCY COSTS B.OOb~55- OEPOSIi (gEFUNOAfiLE) FAITHFUL PERFORMANCE BONO (IWf) 83.000 AO - MONUMENTAT (ON SURETY (LASH) 1.5~'~ LABOR ANO MATERIAL ROND (50%) 44. n00.00 'WUrsuant to Clty of RincNO Cucronga Munhlpal Code, Tltla 1, CN4pter LOB, 40optlnq San Bernardino County Code Tlt lei, CN4pters 1-5, a casA rcst9r4tlan/deltne4tlan d4poslt iNal1 0! k14de prla t0 IffOIM! Of M Elgineerlalp COnf[fr4tlon penflt. pevlsM 3/BI ~~ FAITHFUL PERFORMANCE DOHD AHEAEa $, :he City Council pf [he Ci[y of Aancno Lucam ong e, $[d[e pf [al if Of nl 1, and DdoO LOrpO rd ClOn (herelndf :2f designs;ea d2 "pn nelpd", 03Ve ent2!ed Into do agreement whereby principal agrees to install and complete core stn designa[etl public improvements, xh,ch said agreement, dated 198 dna sdentif led as project Parcel Oap 9103 is hereby r<(er retl to and mdde d pdfi 'lerepf~and, NNE4E aS, said pn ncipal is re ouired under the terms of said agr¢ement tp fu wish a bond for the isitnful performance of said ogre e,.nent. N O'J, THE4EFOA E, we [he principal and as surety, are held and firmly bound unto [he Ct ty of Aa~cnp Cucamonga (hereinafter called "City"), in [he penal sum of Esghty-m ght thousand OoTl ors 08.000.00 law u money o the Oni led ales, far the payment of which sum xell and truly to he mane, we hind ourselves, our heirs, successors, executors and administrators, jointly and severally, firaty by these presents. The contli :ion of this obligation is such that if the above bo pndea principal, his pr its heirs, executors, administrators, successors pr assigns, shall in all things stand :p and abide by, • and well and truly keep and pe norm [he covenants, condi!i pna and provisions in the said agr eemen[ and any alteration the reo' mad= as therein provided, an his or their part, to be k¢p[ and peffprmed at [Fe [1mC and In Oh_ 0dn0er [h er P.ln SpeCffied, dpd 1n alt respects according to their true mien[ and meaning, and shall indemnify and save harmless City, its of (icers, agents and employees, as [herein stipulated, then this obl iga[ion shall become null and vote; etne rwise, it sh ail be and remain in P~II force and effect. As a part of tM1e obligation secured hereby and in addition to the lace amount specified there Por, there shall be included costs and reasonable edp enses and fees, including reasonable attorney's f <es, incurred by CI [y fn successfully enf orcing such abllgatlon, all to be [axed ai costs and included in any judgment rendered. The surety herby Stipulates and agrees that no Ghana=, extension of time, al[_ran on or addition to the terms of the agreement or to the work to be Performed thereunder or the spec!- /icattons accompanying the same shall in anywise affect its obligations on [his bond, and it does hereby waive notice of env sYeh c11d09e, <At P.nslOn of time, dl[ef dtl0n Of dddltipn Cn t . terms of the agreement or to the work or [a the spec ilic ati OnS.F^ IN X1TNE$S 'dM EREOF, this loser um¢nt has been duly execut=_d tv the principal and surety above named, on 199 eveloper urety Sign a[u re Attorneys n- act • PLEASE ATTACN PONER OF gTiORXEY TG ALL BOXOS SIGNATURES NUST BE XOIARIZEO 2 Y • 1A80ft ANO NRTERIRLMEN BOND NNEREdS, the City [o u0annl[o rporet epnC,ty of Rancho Cucamonga, State of Cal if orn +a, and (herein afte• des+gnat ed as "pn nc +pal" have entered +nto an agreement wheropy pr inc spa! agrees [o install and complete ce•t ain desig hated public inprpvemen [s, which said agreement, as ua :g9 one identified as pro]zct arce Nap 9103 ss hereby reTzr r-d to and made a part hereof; an0 NNEREdS, under the terms of said agreement, principal is required pef p•e en!e•ing upon the perfpr~ince of Che work, [o file a good and sufficient Da yment pond with [he City of Rancho [pC dmpnAd tp Se[Vfe the pl alms LO whlth ref erenCC is made +n Title t5 (cpmm encin9 with Tec:ion 3082) of Dart a of Oiv isi on 3 o/ [he Civil Code o/ the State pl Cal ifarni d. NO'N, THEREFORE, said principal and [ne undersigned as a car por ate surety, are held firmly hound unto the City of Rancho Cuc aaonga and all contractors, subcpntractors, laborers, maters almen and other persons employed in the performance of the aforesaid agreement and referred 'o in the aforesaid [ode of Civil Procedure in the tom of Fort -four thousand Dollars (T Sa,000.00 j, /or matena s urn+sned or abor thereon of any kind, or or amounts due under the Unemployment Insurance Act with respect t0 spch work or labor, coat said surety wf 11 pay the same in an amount not exceeding the amount nereinabove set /or[h, and also fn case suit is brought upon this pond will pay in aadi Lion to the face amount thereof, costs and reasonable espens es and fees, including reasonable attorney's Zees, incurred by City in succe ailolly enforcing such oplfgation, [o be awarde0 and fixed py roe tour[, and to be taxed as costs ana to be • Included in the judgment [herein rendered. It is hereby expressly st+pul aced and agreetl that this pond shalt inure to Che benefit of any and all persons, companies and cor pora [+ans cots ilea to file claims under title l5 (commencing with Section 3082) of Par[ a pf Oivispn 3 pf the r.ivil Lode, so as to give a right of action to them or their assigns in any suit Drought upon th{s bond. Should the condi [ton o/ this pond be fully performed, teen [his obligation shall pet ome null and voitl, of herwfse it shalt be ana remain In lull Porte ana effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or additlpn to the terms of said agreement Or the fpeclf tcatlons accompanying the Same shall in any manner affect its obligations on this pond, and t[ does herz- by waive notice of any such change, extension, alteration or aaa;e;on. IN NtTNE ST NMEREOF, this instrument has been duly executed py the princtp al anA surety above named, on l98 Oe velaDer • ttorneyn n- act PLENSE ATTACH PONER OF ATT 00.NEN TO ALL BONGS SIGNATURES NU TT BE NOTARIZED ~3 SURDIYI SIOR GUARANTEE XO PERFORMR MCE (SETTING OF FINRL MONUMENTS) Ci [y Council City of Rancnd Cucamonga P. D. Rda BO] Rancho Cucamonga, California 91730 Ge nllemen: Pursuant [o [Aap[er 4, Art :cl¢ 9, Section 6649] pf the Gave rnaent Code, the unders i9 Fa rcelle to b'~1039 reel that all annum en tz shown on the final map of " D are to he se[ antl furnished 0~ [ne sub divider's eng;ne¢r or surveyor on or before 0c [o Der 19„fi as specified in t9e Engineer's ar urv¢yor's tern ;c a[a and agrees [p furnish the notes [hereon to complete all engineering repvirem eats specified in Section 66497, of [he Government Lode. The undersigned hands you herewith the sum of SLS00.00 as a cash deposit, said deposit [o guarantee [hat [he mpn'unents wilt be se[ and the notes furnished a5 ebove provided qn or before the tlate specffied and that the engineer or surveyor will be paid by the undersfgned. [t is further understood and agreed that in [he even[ Me undersigned fails to complete Lhe above requirem en is within the time specif led, the City of 0.ancho Cucamonga is au [horixed Io complete said requirements or cause [hem [o De rompleted and the cast therea/ is to b< a charge against said cash depozi [, and the • Li ty of Rancho Cucamonga is authorized to mane the necessary transfer from said cash deposit [o the Credit for the proper city fund. IL is further agreed that if the undersigned Oq es no[ present ev itlen ce Io the City Council [h a[ he has paid the engineer or surveyor far [he setting of the final monuments, and it the engineer or surveyor gives the notices Drescribetl in Sec[idn 66497 of the Government Code, the Ci[y shall pay to said engi n¢er or surveyor, the cash deposit hereon made. I( the cost of completing said requirements sates dz the amount of Me cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the amount of [he Ol if er en<e between the cash deposit and the actual toss of said requfremen ts. Cards ally, Subdivide Address Date The de pos her of record (for return of any portion of the ca5~ deposit) shall be Name Rddre ss NOTE: TO 8E SUBMITTED FULLY FILLED OUT ANO SI6NE0 • ~Y RESOLUTION N0.-E69=i6'0RR 8r -~~7 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 9103, (TENTATIVE PARCEL MAP N0. 9103), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 9103, submitted by Daon Corporation, Subdivider, and consisting of 6 parcels, located on the south side of Laurel between Aspen and Oak, being a division of Parcel 6 of Parcel Map No. 6125 as per Map recorded in Book 67 of Parcel Maps, Page 4 through 1, in the office of the County Recorder in the County of San Bernardino, State of California was approved by the Planning Commission as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 9103 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements est abiished as prerequisite to approval of the Final Map, said subdivider submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Rancho Cucamonga, California, as follows: 1. That Che offers for dedication and the Final Nap delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 9103 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSEO, APPROVED, and ADOPTED this 18th day of September, 1985. AYES: NQES: ABSENT; Jon .Mike s, Mayor ~r !`TTV !1F A A W!`II!A (~Tih A MnAin A r~ l J r1 CJ STAFF REPORT ~~'~~ ~ V~ ^ a!i ~~ ' ~ ; , F F_ I~7 19" DATE: September 18, 1985 T0: City Council and City Manager FROM: Lloyd B. Mubb s, City Engineer 8Y: Richard Cota, Associate Civil Engineer SUBJECT: Approval of Street Frontage Construction Lien Agreement between Christine L. Steiger and the City of Rancho Cucamonga for street and frontage improvement at the southwest corner of Base Line Road and Turner Av enue The attached subject agreement between the City and Mrs. Steiger prow des for the widening and improvement of the southwest corner of Base Line Raad and Turner Avenue. The property owners have agreed to reimburse the Cfty a nominal fee for construction of new retaining walls, stairway and driveways and grant a Roadway Easement to allow for the full widening of said streets. A copy of the Lien Agreement and Roadway Easement is attached. Said street improvements will 6e 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 Mrs. Chrfstine L. Steiger and the City of Rancho Cucamonga. .~ges~'ectfull submitted, 1, ;~~~.~%~ tel./ LBH:RRC:jaa ~G ., r Recording Requested By: and • When Recorded Return To; LITY CLERK CITY OF RANCHO CUCAMONGA P.O. BOX 807 RANCHO CUCAMONGA, CALIFORNIA 91)30 LIEN AGREEMENT This Agreement is made and entered into this day of ~ 1985, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as "CITY") and the FRANKIE inereinafter referred to MINOR ESTATE, Mrs. CHRISTINE L. Steiger, tr ~~ as "ESTATE") for the installation of certain public improvements including, but not limited to, curbs, gutters, driveways, sidewalks and street pavements along a portion of Base Line Road and Turner Avenue in the City of Rancho • Cucamonga. A. Recitals (i) CITY has prepared plans and specifications for, and presently contemplates the installation of, public improvements along Base line Road from Teak Way to Haven Avenue (the "Teak-Haven Project" hereinafter in this Agreement). (11) ESTATE owns that certain real property, identified as San Bernardino County Assessors Parcel No. 1077-041-57, fronting Base Line Raad and Turner gvenue, the fronting portions of whfch are needed for the ultimate widening and improving of the streets. (iii) ESTATE desires for such improvements to be installed in exchange for the Right of Way Dedtcatton needed to widen the streets and is • -1- A7 willing to share in the costs to preserve and maintain access to the existing • dwelling upon said property. (iv) CITY is willing to reconstruct the existing streets to their. ultimate widths including the installation of new curbs, gutters, driveways, sidewalks and roadway embankments, and stairs. NOW, THEREFORE, it is agreed by and between CITY and ESTATE as follows: 1. CITY shall include the Base Line Road and Turner Avenue Improvements fronting the noted property as a part of the construction of the Teak-Haven Project and shall cause such improvements to be installed in accordance with CITY's plans and specifications therefor. C[TY and ESTATE further agree that the limits of construction, for cost accounting purposes, of the Base Line Portion shall include all of the ESTATE'S property fronting Base Line Road and Turner gvenue as described in paragraph A. (ii), above. • 2. ESTATE agrees to grant to the CITY for roadway and related purposes a roadway easement along Base Line Road and along Turner gvenue as described fn the attached exhibits "Roadway Easement" and °Easement Plat" 3. ESTATE agrees to pay to CITY, in accordance with the terms of this Agreement, a nominal sum of 56,000 towards the cost of retaining walls, stafrways and driveways to maintain access to and the usage of the existing dwelling. ESTATE agrees to pay said full principal amount of 56,000.00 on or before the 31st day of December, 1985 or ESTATE may pay said amount in five (5) annual installments of 51,200.00, or more, such installments to be due and payable on or before the 31st day of December during each calendar year commencing with the year 1985. Should ESTATE not timely make any payment • -2- ~8 specified herein or in the event of sale of the subject property, the entire remaining amount shall become due and payable to CITY. Payments shall he made • to CITY at the Rancho Cucamonga City Hall, Attention: Finance Director, 4. CITY shall have and is hereby given a lien on ESTATE'S property described in paragraph A. (ii) here inabove to secure the full performance by ESTATE of the ESTATE'S payment obligations set forth in paragraph 3, above. In the event that ESTATE shall fail to timely fulfill any such payment obligation, CITY may alternatively enforce and foreclose the lien provided for or sue ESTATE on ESTATE'S personal obligations hereunder, ail of which payment obligations shall be personal regardless of whether ESTATE may have or shall have transferred all or any of the interest fn said property, whether by operation of law or otherwise. 5. CITY'S waiver of any breach by ESTATE with respect to any payment obligation set forth herein shall not constitute a waiver of any other such b each • r . 6. ESTATE 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 6y CITY'S City Engineer to cause the completion of the Teak-Haven Project. 7. This Rgreement shall be governed by and construed in accordance with the laws of the State of California. 8. In the event any legal proceeding is fnstituted to enforce any teen ar provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorney's fees and casts from the other party in an amount determined by the Court to be reasonable. 9. This Agreement is binding upon and shall insure to the benefit l I -3- y9 of the parties hereto and their heirs, executors, administrators, successors • or assigns wherever the context requires or admits. 10. This Agreement supersedes any and all other agreements, 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 Ts not embodied 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 writing signed by all of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. CITY OF RANCHO CUCAMONGA A Municipal Corporation • By on D. Mikels, Mayor ATTEST: 8y ty er APPROVED AS TO FO M: ~ ~ ( ~ FRANKIE MINOR ESTATE -~ i / ~ ~AtIIOPr w. tmaaapFe ~~ ~~ ,I~ By e,.,v r7~ ISPRATRIH 4d'lA Consent herehy is granted as to the above agreement u ge a t e upen or curt u -q- 3~ STATE OF CALIFORNIA ) ss COUNTY OF LOS PDIGk:LFS ) On August 29, 1985 before me, the undersigned, a No tory Pub is in and or sai Sta e, personally appeared MRS. STE iGER, EXECUTRIX FRANK IE MINOR ESTATE, known to me to he the person who name is suhscribed to the within instrument and acknowledged that she exeucted the same. WTTNE55 my hand and official seal. STATE OF CALIFORNIA ) ss COUNTY OF SAN BERNARINO ) arurw/L IOIMI~IIPIRGUOIM ~ 10l NIO[LL~0011111~ •N/ -~ *-C+ll~ra'--~ w~y~pt4 np Notary ub is ap or said State • On this day of 1985, before me, the . undersigned, a No tary~lic in an or sai tare, personally appeared Jon D. Mike is, 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 City of Rancho Cucamonga, a municipal corporation, and said persons are known to me to be the persons who exeucted the within instrument on heha if of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed the same. WITNESS my hand and official seal o ary u u m an or sai Late -5- ~/ • 6a se floe Road Imorpvementz Eetween leak Nsy and Naven Avenue AlCOgRNG nEaursrm n City of Rancho Cucamonp wNIR newgolo KNL ro CiIY of 0.mchp Cucamonp P.O. Box ~ Ramho Cucamonp, CA 91770 HAEI MOVE THIS LMI IOII NlC011DEI11 UfF EASEMENT FOR A VALOABLE CONSIDERATION, reaript or which is hereby axknowled{ed, c'GTATE OF FAANEIE BELLE MINOR, aka FRAGRIE LAVREEB ifINOR, aka FWINR IE CARSON !IINOR deceased GRANT(SI to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT for FOR AOAONAY PURPOSES in, over and upon that <main real properly in the Cily of Rancho Cupmonp, Coumy of San Bernardino, Sum of Cdifornia, Dcuribcd » Follows: SEE EX IIIIS IT "A" • Dared Auqust_x9, 1935 ti/,~,.,y~ Q t~ _ GENERAL ACKNOWlEOOMENT 9TISTLtlE L. STET , u5f ".::...dv( Slaleol CaliEoznia Onlnnlne l9, eayol _ August _,Ig 3V5 pry,.,, __.-_ ~ eaunly al Los Anyc les } DORA ILAG~`UNN me undenign¢G Nolvy Punla oenanallp aopNUE CHRISTINE L. STEIGER, Administratrix li of the Estate of Fcankle Eelle Minor, Deceased au wa. wPK~41A 3 ~- /~ THIS [9 A GENEPAL ACM1NOXLEO~ • `'~ COPPOPd1E.6TC. R oenananv snow~m me " prarea la me ne lne Oabf Ol asuflaclary 9aaen Io Ue lne o<rfonBMnofe namN>I SS Ce sobfcuLeJ Ia 1M wnn~e~mnu atom acennwledgee mel she _aacuuen wrtnE3S Yn ~a and ou¢u/l/fJn r.~aCA3 ~ z~ ~f~ NdO ~f gigml~ ~p~ '1TCw'~WNN -~---- EXENL PLEASE USE ppOPEp ACENpNLCWENCXTr LE. PAIITNC0.9XI P, EXHIBIT "A" A portion of the East 4/lOths of the North-one-half lot 5, in Section 2, • Township 1 South, Range 7 'lest, San Bernardino Meridian, according to maps of Cucamonga Lands recorded in Book 4 of Maps, Page 9, Records of San Bernardino County described as: C061ME"JC ING at the intersection of Base Line and Turner Avenue said point being the Northeast corner of said Lot 5; THENCE North 89 ~ 54' 17" nest along the North line of said Lot 5 also being the centerline of Base Line a distance of 284.38 feet to the East line of Tract 9449 recorded in Book 736 of maps, pages 99-100 inclusive, records of San Bena rdino County; THENCE South OG' 21' 17" East along the said East line of Tract 9449 a distance of 33.00 feet to the TROE POINT OF BEG INN I"JG; THENCE continuing South 00' 21' 17" East a distance of 27.00 feet; THENCE South 89' S4' 17" East along a line parallel to the North line of said Lot 5, a distance of 161.27 feet; THE"!CE North 00' 05' 43" East a distance of 17.00 feet to a point on a line 43.00 feet South measured at right angles to the centerline of Base Line; THECICE South 85' 54' 17" East parallel to said centerline a distance of 55.00 feet; • THEiICE South 00' OS' 43" 'Rest on a radial line a distance of 11.00 feet to the beginning of a non-tangent curve concave to the Southwest having a radius of 24.00 feet; THENCE along said curve to the right through a central angle of 89' 44' 00" an arc length of 37,59 feet to a point on a line parallel to the centerline of Turner Avenue and 44.00 feet 'west measured at right angles; TH EIICE along said parallel line South 00 ' 10' 17" East a distance of 315.98 feet to a point on the North line of the South 300.00 feet of the East four- tenths of the North one-half of said Lot 5; THENCE South 89 '54' 17" East parallel to the North line of said Lot 5 a distance of 11.00 feet to a paint on a line parallel to and 33.00 West measured at right angles, to the centerline of Turner Avenue; THENCE North 00 '10' 17" 'Rest along said parallel line a distance of 366.92 feet to a point on a line parallel to and 33.00 feet South measured at right angles to the centerline of Base Line; iHE'JCE North 89' S4' 17" West along said parallel line a distance of 251,24 feet to the POINT OF 9EG L'lNING. Contains 12678.9 S. F, .2911 AC. 6/10/85 • W. O.~i 282.01 33 C~ BASE $ LME ROAD 1~' ' ~~ N M'Sa'iTw - - - w v ~ ? h S - - m~ ~ zsi.2a ' ° ° Vil.2'1 .._ NCYJ E 05'+3 nm „~ w ~rJ 6cd'05s}~ i ~, i W ti ~ ~I -- c-~~,~• u~ \~ ~lll ~. ji g 5 3~ 1 i ~~ J ~'oI ~ ~ ~rD i n f __ 44 9'. .xr~ i -im' it ~ ~ • ~ ~~ [~ - - w - - ~ v, r caN~nius 12lo'IH.95.r. .2911 AC. clrr or ~~HO CUCn~1~l, ^ ~ L A NAINSC~ii 6 ASS~CI HIES. INC, ' lM0 tUA•[IOA[ LI•I^c„Ix01Hf[Af InFO IIxM[At 1I /~•\ ` ~A- 1 '~ ~ 1-w t ~ , J ii100 IMIEx A4.11[~n4A[ III IIL[]A~1IIfAAL[. LA. li)i[ 3Y ~~a~. r-im' ,ro ze2,ai • RESOLUTION N0. ~E99=Ti1=03R QS' - e2G8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET FRONTRGE CONSTRUCTION LIEN AGREEMENT BETWEEN CHRISTINE L. STEIGER ANU 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 Mrs. Christine L. Steiger, a married woman, (hereinafer referred to as "Developer"), for the installation of frontage improvements located at the southwest corner of Base Line Road and Turner Avenue; and WHEREAS, the Oeve toper 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 6e improved; and WHEREAS, the City is agreeable to have such improvements constructed as part of the above noted City project. NOW, THEREFORE, BE IT RESOLVED, by 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 ADOPTED this 18th day of September, 1985. AYES: NOES: ABSENT: on D. Mi a s, Mayor ATTEST: Beverly A. Authe et, City Clerk 3~ CITY OF RANCHO CUCA:vIONGA ~~cssip STAFF REPORT ~~/_~,~~~. 's~~ z 2 DATE: September 18, 1985 - ~'' > iucs TO: City Council and City Manager FROM: Lloyd 6. Hubhs, City Engineer ~ BY: Barbara Kr all, Assistant Civil Engineer SURdECT: Summarily vacate a portion of Madrone Avenue in connection with j the issuance of a building permit far Cask 'N Cleaver site iocated at I the northeast corner of Madrone Avenue and 9th Street, i C & C Construction Co., Inc. has applied for a building permit for alterations to the building located at 8651 Madrone Avenue. Under Ordinance No. 58 a building permit cannot be issued "unless one-half of the street, which is located on the same side of the center line of the street, has dedicated right-of-way for the full width of the lot along all street frontage." A deed to dedicate the missing right-of-way on 9th Street and the corner curb return at Madrone has been sent to the property owner for signature and will be recorded prior to issuance of building permits. in add :tion, to the dedication, a small portion of right-of-way on Madrone needs to be vacated (see attached map). A resolution for this vacation is attached for City Council approval. RECOIMENOATION It is reconmended that City Council adapt the attached resolution ordering the vacation of a portion of Madrone Avenue and authorizing the City Clerk to cause said resolution to be recorded. Respectfully ~~./.'~Ir.!!'/ / LBH:BK:vdCe Attachments 3~ RESOLUTION NO.eo~-iv"-`rn 8S ~~G9 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF MAORONE AVENUE WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of the City Street hereinafter mare particularly described; and WHEREAS, the City Council found all the evidence submitted that a portion of Madrone Avenue is unnecessary for present or prospective public street purposes because it has been superceded 6y relocation. NOW, THEREFORE, BE IT RESOLVED by she City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makesits order vacating that portion of street on Map V-047 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhihit "A", and 6y reference made a part thereof. • SECTION 2: That from and after the date the resolution is recorded, said port ion ~Madrone Avenue no longer constitutes a street or public utility easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolutionn tie recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 18th day of September, 1985. AYES: NOES: ABSENT: on 0. Mike s, Mayor ATTEST: Bever y A. Aut a et, ,ty er 3~ EXHIBIT "A" DESCRIPTION OF VRCgTION OF R • PORTION OF MRORONE RVE Tnat portion of Lot 23, Section 9, Township 1 South, Range 7 Nest, in the City of Ranc bo Cucamonga, County of San Be rnatdino, Slate of California shown on map of Cucamonga Lands, recorded in Book 4, Page 9, of Naps, in Cne Of PS ce of the Recorder of said Coun cy, described as follows: Commenting at Che intersection of the centerline ai Baker Avenue with the Centerline of Ninth Stitet a5 shown an map filed Sn Book 30, Page 90, aT Records of Survey, in the Office of the Recorder of said County: Thence along Bald last mentioned centerline as shown on Bald last men Honed map, N89° 54'21"E 666.92 feet to its In [e rsection rlth the Southerly prolongation of the course of "south eR0.7 feet" Sn the centerline of th ac certain 60.00 foot ride strip of lan0, for Nadrone gvenue, as described In deed recorded in Book 071, Page 177, of Deeds, in the Office of the Recorder of said County: Thence along Bald Southerly prol ongacion NO° 01'11^N 60.00 feet to a polo[ In the Northerly line of the SouLnerly 60.00 feet of said lot. Thence N89°54'21"E along said Northerly line a Ois[ance of 25.00 feel to an angle point Sn the East line oP Madrone Rvenue, sa10 point being the True Point of Beginnin g; • Tnence conttnuing N09°54'21^E a distance of 5.00 feet to en angle point in the East ltne of Nadrone Rvenue. Tnence 50°02'11"E along said East line a dl5tence of }p,00 feet Lo Me Nortn line of Stn Street (60 feet wide) Thence 509°56'21^N along 5010 North line a distance of 5.00 feet; Tnence NO°02'11^N parallel ritn sold East line a dl stance of 30 feet [o the Trua Pa lot of Beginning. r~ U ~y W j R Q W d'//ACATED BUT ,PESE,Q LUNG ~~ O ,G!/E. PE2 /NST.P. J3-082943 ~Nr ~ L 9 4~ i .n QF :;+' '~~ i ~ 5' 4OT Z/ SCALE; /'~~' W ~ ~~- `~ ~ ~ M ~ ~p V I ti O ~~~ ~ Z EASENJENT G,QgNTEO ToCiryoF ~ ! ' -PANCNO C//IAMONGA P4P /NSTP. V ! B3-OB2964~ Z t •~ ,, v O `~;; ii I TO BE YgCATED BY C/TY ~ ~`• ~ i j'CONYEYED TO 5TY5 W O E'er _- ~ Q : 90'03 ~ZB " ~ ~ C ~ ~ L= P3. SB ~ ~ t ~^5~ L \ ~ 6/6.4• ~o N I V~ b U ~ ~ * ~ ~G6.~sl' _ N69.59~2/E „(_ I ~ TAG G4J7~ 654,4' ;~dA~'E.P. 9'-" STREET LEGEND 1~ PO,PT/ON TO BE ~/"4CATE0 lLl1 PORT/ON TO BE DEO/CATEp L°FlE/',9/9ED BY~ _ ~I550C/QTED ENS'/ri/Ef~S'S 3/G EAST "E" ST• ONTA.~/O" CA• 9/74 4 TEl. (y/9J 984 -68/8 39 w.. n,. STAFF REPORT ~?j j ~,. ~_ GATE: September 18, 1985 _ '~t T0: City Council and City Manager ~u-- FRO'4: Lloyd 8. Hubbs, City Engineer BY: Mike Long, Senior Public Works Inspector SUBJECT: Ruthorization of Engineering Services and Award of Contract for the Construction of the Utica Street Storm Drain from 4th Street tc 6th Street, Assessment District 82-1 On August 21, 1985, City Council authorized Staff to solicit bids for the above project. Bids were received at 2:00 P.M. on September 10, 1985 from eight bidders for the construction of the subject project. An engineer's estimate of 5476,870.00 was prepared by Dunphy Construction Company. The total bid amounts are as follows: • United M Construction G. B. Cooke, Inc. Stanley Yelich Albert W. Davies T. A. Rivard, Inc. Bon adiman-McCain Vicco Construction Kershaw Construction 5313,859.00 5338,708.00 5346,861.00 5355,723.00 5357,813.00 5383,030.00 5383,530.00 5392,579.00 A summary of each hid proposal is attached for your review. Also, proposals have been received for the materials testing and construction staking of the subject project. Associated Engineers, the original Assessment District 82-1 construction engineer, has submitted a construction staking proposal for the estimated amount of 58,000.00 based on hourly rates. See attached proposal. Richard Mills & Associates, the original materials engineer, has submitted a materials testing proposal for the estimated amount of 51,200.00 based on hourly and individual test rates. See attached proposal. continued... I~ yv City Council Staff Report Award of Contract - Utica Street Storm Drain September 18, 1985 Page 2 • RECOMMENDATION: It is recommended that City Council award the contract to United M Construction as the lowest, qualified bidder on this project for the bid amount of 5313,959.00, execute the contract, and authorize the expenditure of funds for full contract amount plus 10% contingency. It is also recommended that City Council accept the proposals from gssociated Engineers for the construction staking and from Richard Mills & Associates for the materials testing of this project and authorize the expenditure of funds for the full amount of the above engineering services. The oroj ect is to be funded as a change order to the original [ndustria} Area Assessment District 82-1. To allow the funding of the project, it is recommended that Council adopt the attached resolution ordering the appropriate changes. Resoectfull~itted, ,.- / ~./5~~ t vw'.v`! .i / LBFi:ML:bc Attachments • • yi OI i~ K ¢I ti~ m _I g g 3 ° v~ q! O Y u it ' TaI1 K ^i - ~ ~ I a " g ~ ~ s ~ _' e D V Y V 5 ° 0 S ~ g 1 r 8 0 8 0 0 '°J O ~° 0 8 0 ~ 8° O O ~ 0~~ e N C 8 O° e O e an°1 ^ O g O O° O O° 8 8° 0 0 0 p e° ~ a e -'888888 Pi~en e.n ,ncecvv °° 5 8 8 8 8 0 8 8 8 8 8 8 8° S o o - 0 8 °0 8 8 8 8 o P °0 8 0 8 °o °0 8 0 e oo° °o 3e° and°~ ~.., ,,, ~, ,., 8 8 8 8 8 8 8 °° 8 8 8 8 8 8 °° 8 8 8 S a S 8 8° ° o m ° 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ° S 8 ~ .~ ~ 8 e a< e e 8 ° ° o N N o 8 8 8 8 8 8 8 8° go° o`sm °~~m ~ssssssossesssse€ss a o N ~~~.~~~~~~ ~~~,NNN 8soe88sss88ssas8sgs 8~8888m$o'^°°°°° m m N N ., ~° ~,.. ~ N a ~, ~ .. 8 8 8 8 8 8 8 8 8 8 8 8 8 5 8 8 8 8 ~~888 ~0 8°.~e~~,~ e a a F N N N~ N rv N r Y p r •n .~ N N N N~° 8 n 8~p8VV 0m N v+ ~= 8 s m a ~ 4 ~ ° 8 ° °ioo ° 8 88 c~ 0 ° x °n .. .. ~ .. .. .. .. .. .. r. ' ~° .+ a m m w ~ .n ~ i a s r C ~+ T F T V V u u V U V u ~ a a 1- ~- e N _ K K Q C ¢ y L m S 2 S - • S m 1. U V ~+ V U u F Y£ C n ~ 4 e ^"I n m m N N F O /~ 1 Na sosssesssgs~gosso - so e V cl ~ Smo~o oso UI 1'r .n T r n n ~. n n r • .. q~ 3 m~ 4 Y m o S S S 8 8 8 8 o S S S 8 8 8 8 8 ~ n n n n g ti~ m ~ ~~~~~ ~~ • u 8 8 8 8 S 8' 8 S 8 8 o e $ ~ n~ O ^ ~ P N e .. n n .. ~OO .- .. o$ E u. O O O 8 O O S O S o~ 0 0 0 0 Fi Lr`` " N m 8p 0p 8p p p p C n e rp„e b ~pn uOf Gv v L O O O O O O O O O O O O O S S O O O g S . ~ Ng88$ 8oS ~'8S R .. ., a ., n n n n 8 8 S 8 e 8 8 8 8 8 S 8 8 S 8 S S€ S 8$ 8 8 8 n a R m m~~ e 4 n m m n n N E ~ F .+ n .~ ~n N O v v P O 4 .~ N n n y S 1 S N p P o~ 0 O O ~ D N •n i ~ .~ .v .~ ^r .~ .Y .r .~ ~+ • ., ~ ° ° a F p C + ,T R U V U U U V U N w ~ r F 0~ ¢ 2 2 Y 6 6 Q s .~ O Q w L i S x 2 U - - u .~ ~ u V V u L L L u' T •~ N n N • O r N W h m P .+ nI m Y in •n n 0 U ~+ r s• n . ~+ n n ~+ .n ~~• •y~. Associated Engineers a10 EAST 'E' STREET • ONTARIO. tl~UFORNM 91731 MAILING ADDRESS: P.D. SO%9119, ONTARIO, CA 91731 HOURLY RATES (Effective B/1/BS) .. A,. OFFICE TIME l LI Principal Registered Civil Engineer E92.00 per hour Principal Licensed Land Surveyor E66.00 per hour Senior Land Planner E63.00 per hour Associate Land Plainer E59.DD per hour Civil Engineer i. Senior E56.CD pe: hour 2. Associate E59.00 per hour 3. Rssistant E50.00 per hour 4. Junior E41.00 per hour Senior Designer/Draftsman E49.DD per hour Designer/Draftsman E43.00 per hour Draftsman-1 E40.00 per hour Draftsman-2 E35.00 per hour Engineering Aide E27.00 per hour Secretarizi E25.00 per hour FIELD TIME 3-Man Survey Party E153.00 per hour 2-Man Survey Party E122.00 per hour Above schedule is for straight time only. In case of overtime requested by client, the rate charged for wlll be 1-1/2 times the hourly rates shown and Sundays and Holidays at 3 times the hourly rates shown. These hourly rates do not include printing costs, whlch are billed at cost, computer charges, or fees paid to Governmental agencies or others. ~/Y -IANNING DESIGNING SU RVETING ^~'~' ,- WILLDAN ASSOCIATES ^ _ . ~ ' .~_ <~ ~~ _ :_' .' ._ <_ ~~/ ~~'ga~~ 9r'~' . August 28, 1985 -. ~ ~~ ~!v ~~ ::;u~HO CUG t!O:ISi ~,~~~.,u n~r,c 0.r .. . City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, California 91730 Attention: Mr. Lloyd 8. Hubbs Subject: Assessment District No. 82-1, Construction Change Order Dear Lloyd: Pursuant to your letter of request dated August 7, 1985, regarding a modification to the original scope of construction items funded by Assess- ment District No. 82-1, our office has reviewed the methodology o4 the District and offers for your consideration the following findings: k It t f W • or ems: ion o 1. General Descrip - Utica Avenue Storm Drain - Landscape median, together with all appurtenant work required as shown on enclosed map. 2. Original District Facilities: The original District and procedural documents did not include the now proposed items of work. Research indicates that the con- struction items could have been included within the intent of the original District, but were excluded during the proceedings along with other works due to right-of-way acquisition difficulties and development constraints. 3. Assessment Method: Storm drains were assessed on an acreage basis. The storm drain, proposed by the Change Order effects all parcels propor- tionately, and individual assessments adjustments are not required. • ~!Y 290 S. ANAHEIM BOULEVARD • SUITE 100 • ANAHEIM, CALIFORNIA 92805 • (714) 7745740 • (213) 924-1631 - City of Rancho Cucamonga August 28, 1985 Page 2 Street landscape medians are of specific benefit to all properties within the boundaries of the Assessment Oistrict and would have been assessed proportionally to all properties had they originally been included. The Change Order, therefore, effects all prop- erties in proportion to their original assessment. No assessments are increased as a result of these modifications. 4. If the Construction Change Order is applied within the District, the funding cost (as shown on attached "Fund Summary') will not present a need to make any adjustments to either the method and/or formula of the original spread of assessments; and will not result in an increase of the total amount of the assessments. 5. The inclusion of tha proposed items of work as analyzed above, may be applied procedurally under Chapter 4.5 of <he "Municipal Improvement Act of 1913", Section 10352, pending confirmation of such from the law offices of F. Mackenzie Brown. We hope that the above addresses your concerns regarding the possible construction change order. If your office requires any further information, please feel free to contact us, Respectfully submitted, WILLDAN ASSOCIATES Sandr~~ Project Manager SN:t6 Enclosures cc: The Law Offices of F. Mackenzie Brown ~~ ASSESSMENT DISTRICT 82-1 FUND SUMMARY August 28, 1985 STREET CONSTRUCTION 57,229,531.00 -1,046,066.39 S 183,464.61 STORM DRAIN 52,738,070.00 -2,460,565.26 S 277.504.74 TOTAL CONSTRUCTION S 277,504.74 184.464.61 S 460,969.35 TOTAL FUNDS ON DEPOSIT 57,013,825.04 - 460,969.35 INTEREST EARNED E 522,855.69 DISTRIBUTION OF INTEREST 24.6: STREETS 75.4: DRAINS FUNDS AVAILABLE, STREET S 319,467.11 FUNDS AVAILABLE, STORM DRAIN S 694,357.93 TOTAL S1, 013, 825.04 r~ L • ~/ 7 '~.~ x ai .~?3: ~~T,`` to e M ~ .~ (m ..., •: , ,,~i ~ .< .,:: 1 ~ :: i -- 1 :: r I~ ~ ~ `~~~ ®_. - } j ~- . b li ~ ~ _ i ,~ 53 - ' e _Y - - _ _1 •Q 1 ~ _ 'Q I 1 n '.__ I~ l , G ` ~~ ~ 21.. II °~ ~ i~ ~i ~~ ~I it ~I i' `I'f i (,I ~ f FI ..• q ~ +~--~ ~ i~ I ITNIIIIIIIPINIIIHIIIIIIIIINIIIIIIIOINIIIIIIIIIWA; y~,•!~. 21 :2,• ~'~ ~!^~~' ~,I'-_~T-,I a I~ ~_i~ l ~ i _ ,,.~\ y. ooaoaa . --... - ,,,,.. .,.., - y8 s: PROFESSIONAL SER4ICES AGREEMENT • This Agreement is made and entered into this day of 19i, between the City of Ranchc Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Associated Engineers (hereinafter referred to as "CONSULTANT"). R. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the ~'px+V4lst~dlAxgR construction staking ofi the Utica Street Storm Drain Ps sessment District 82-1 ("Project" hereafter), • (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Comm ss ivn, City Council and staff in the preparation of Project, (iv) CONSU!TANT represents that it is qualified t0 perform such services and is wilting to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed 6y and between CITY and CON SULTRNT as follows: D. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise • requires: 7/31/85 -I- vy • (a) Project: The RRRR#R#R$RR%Rk construction <.ap~ 8 Of Utica Street St Orm nrain (Accaccmcnt ^i { t A9 t 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: Svcfi professional services as are necessary to 6e performed 6y 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 with Exhibit "A and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the teas onahle 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 _2. /-O "8". 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 revisec documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 02.(b) may be extended uoon 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 maxfmum sum of 58,000.00 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 accordance with the invoices submitted by CONSULTANT, on a monthly basis, any such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall 6e detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no • -3- S/ • event, however, will said invoices exceed 96% 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. Firal 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 shad be paid by CITY within a reason abie time after said invoices are received by CITY. 4. CITY agrees to provide to CON S'JLTANT: (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 compiete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Rssistance, 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. -4- S~ 5. Ownership of Documents: A11 documents, data, studies, • surveys, drawings, maps, models, photographs and reports prepared 6y CONSULTANT pursuant to this Agreement shall 6e considered the property of CITY 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 coo ies 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 6y CITY upon the giving of a written `ryotice 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 6e compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "B", 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 maximum specified in paragraph 3 (a), above. CONSULTRNT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether to draft or final form, prepared by • -5- ~3 • CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 1. Notires and Des ignated Rearesentat 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: Monte Pre sc her, City of Rancho Cucamonga, P. 0. Box 807, Rancho Cucamonga, CA 91730; L. "Red" Noreen, Associated Engineers, 316 East "E" Street, Ontario, CA 91761 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 company or companies acceptable to CITY nor shall CONSULTANT allow any subcarrtrartor to comaence 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 fallowing policies of insurance: (a) Worker's Compensator L^.s ur ante: Before beginning work, CONSULTANT 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. -6- s' y 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 Lo undertake self insurance in accordance with the provisions of that Code, and I will Comply with such provisions before co~nnenc ing the performance of the work of this Agreement". (b) Pu61 is Liability and Property Damage: Throughout the term of this Rgreement, at CONSULTANT'S sole cost and expense, CONSULTANT shall keep, or r.ause to he kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public • liability and au tamohile insurance against claims and liabilities for personal injury, death, or property damage arising from CO^15ULTANT's activities, providing protection of at least One Million Dollars (E1 ,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 51.000.000.00 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: A11 insurance • required by express provision of this Agreement shall be carried only in -7- SS • responsible insurance companies licensed to do business in the State of California and polities 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 eie cted officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may 6e 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. CONSULTANT shall furnish CTTY 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 pa}^nent by CONSULTANT of any and all 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 pertormance of this Agreement, including, but not lfmited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment): No assignment of this Agreement or of ami part or ohligat ion of performance hereunder shall be made, either in whole ~- 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 -B- 5~ emaloyees of CITY. • 12. Govern ino !aw: This Agreement sha ll he governed by and construed in accordance ~.vith the laws of the Sta±e of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of *.he Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the oppos ino party in an amount determined by the Court to be reasonable. 14. Entire gareement: This Agreement supersedes any and all other agreements, either oral or in writing, bebveen 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 Se 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: CONSULTRNT - ASSOCIATED ENGINEERS Date: CITY OF RANCHO CUCAMONGA on ~ i e s, ~~Nayor ATTEST: Date: every u e et, ity C er Appro/ved as to fo/~ry~m//~~/ ~,ty Attorney -9- 5 'J • Associated Engineers 71a FAST 'F' STREET • ON7AR10. CALIFORNIA 917M MAILING ADDRESS: P.O. BO%9119, ONTARIO, CA 91761 HDURLV RATES (E ffe'ctive H/1/BS) OFFICE TIME ,.A,. /` Principal Registered Civil Engineer E82. 00 per hou: Principal Licenseo Land Surveyor E6o.00 per hour Senior Land Planner b63.00 per hour Rssociate Land Planner E59. DO per hour Civil Engineer i. Senior E56.GD per tour 2. Associate E59.00 per hour 3. Assistant E50.00 per hour 4. ,junior b41.00 per hour Senior Designer/Draftsman E49.00 per hour Designer/Draftsman E43.00 per hour Draftsman-1 E40.00 per hour Draftsman-2 E35.00 per hour Engineering Aide E27.00 per hour Secretaria'_ E25.DD per hour FIELD TIME 3-Men ~'~Y Party E1S7.00 per hour 2-Man Survey Party E122.00 per hour Above schedule is far straight time only. In case of overtime requested by client, the rate chargetl for will be 1-1/2 times the hourly rates s^own an0 Sundays and Holitlays at 3 times the hourly rates shown. These hourly rates do not include printing costs, which ate billed at cost, computer charges, or fees paid to Governmental agencies or others. SS ftANNING DESIGNING SU RVE7ING PROFESSIONAL SERVICES AGRE Et1ENT • This Agreement is made and entered into this day of 19 hetween the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to a5 "CITY") and Richard Mills Associates (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 pRepuaRAhamlxak materials and soils testing on the Utica Street Storm Ora in (Assessment District 82-1) ("Project" hereafter). • (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Comcission, 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; 6. Agreement. 1, Oefinitions: The following definitions shall apply to the fallowing terms, except where the content of this Agreement otherwise • requires: jS 7/31/85 _1_ (a) Project: The 'xepRa4zaexofi materials and soils testing on Utica Street Storm Drain (Assessment District 82-1) 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 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 with 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 -2- (yU "B". Conies of the documents shall he in such numbers as are required 6y • Exhibit "A", CITY may thereafter review and forward to CONSULTANT conmen is 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.(6) 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, CONSULTA"1T hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be • retained by CON SU!TANT except upon the prior written approval of CITY. 3. C[TY agrees as follows: (a) To pay CONSULTANT a maximum sum of 51,200.00 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 submitted 6y CONSULTANT, on a monthly basis, ani 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- ~/ • event, however, will said invoices exceed 950 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 95Y 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 far additional services requested, in writing, 6y CITY, and not included in the Scope of Services as set forth in Exhihit "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 he 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 Drovide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "q" hereto. (b) Photagraphi tally 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, ff 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. -4- Gy 5. Ownership of Documents: All documents, data, Studies, • surveys, drawings, maps, models, photographs and reports prepared 6y CONSULTANT pursuant to this Agreement shall 6e considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall he delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such conies of said documents and materials as CONSULTANT may desire. Any use yr reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications 6y 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 6y the CITY its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written '4lotice 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 applicable hourly rates as set forth in Exhibit "B", 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 maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to C[TY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by • -5- G 3 • CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Reoreseotatiws: 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 resoonsi6le for the performance by the parties under this Agreement: Monte Presc her, Resident Engineering, City of Rancho Cucamonga, P. 0. Box 807, Rancho Cucamonga, CA 91730; Greg Chandra, Richard Mills Associates, 9624 Turner Avewe, Rancho Cucamonga, CA 91730 Any such notices, demands, invoices and mitten conmNnications, 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. 9. Insurance: COt1SULTRNT 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 Compen saton insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has Laken 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. -6- G ~/ 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 cononencing the performance of the work of this Agreement". (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONGULTANT's sole cast and expense, CONSULTANT shall keep, or cause to be kept, in fuil force and effect, far the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public • iiability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars (E1,000,000,00) 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 41,000,000.00 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 only in • _7. 4~ responsih le insurance companies licensed to do business in the State of California and polities required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected off is fiats, 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' rrotice 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 elected and appointed officials, officers, agents and employees, from all liability from ioss, 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 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 6y law. 10. Assignment): No assignment of this Agreement or of env part or obligation of performance hereunder shall be made, either in whole p- 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 far any purpose to be 8- 6~ employees of CITY. 12. Governing Law: This Agreement shall he Governed by aM construed in accordance ~..+ith Lhe laws of the State pf Ca lfornia. 13. Attorney's Fees: In the event any legal proceeding is instibated 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 apposing party in an amount determir•ed by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in •writing, between the parties with respect tp th2 subject matter herein. Each party to this Agreement ack npwledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not cpntained in this Agreement shall he valid and binding. Any modification of this Agreement sh 311 be effective only if it is in writing signed 6y all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: • CONSULTANT -RICHARD MILLS ASSOCIATES Date: CITY OF RANCHO CUCAMONGA on D. ~ i e s, Mayor Date: ATTEST: ever y A. Ru the et, tty erk Approved as to form: ~a.u ~ ~ ~~y/_ ~t y ttornzy , -9- 67 RICHARD MILLS ASSOCIATES vela WmeMmnue ~ Rancna Cucamonga. Ca!IfOmw 0870 ~ O11) p09~f ]51 September 9, 1985 City of Rancho Cucamonga P.O. Hox H07 Rancho Cucamonga, Ca. 91730 Attention: Mike Long Subject: Proposal for SGil Compaction and Material Testing Services Assessment District 82-1 Utica Ave. Storm Drain Gentlemen: In response to your request of August 28, 1985, we propose to provide compaction testing and material testing services for the subject project. We propose that charges for these services be on an hourly or test rate basis in accordance to the rates shown on the attached Fee Schedule. We have estimated that the total charges for performing these services will be 51200.00. This estimate of charges is based • on the scope of work indicated on the attached Estimate Work Sheet, which is a part of this proposal. Our professional services will include: (1) Compaction testing of storm drain trench backfill. Services will consist of performing in place density tests (compaction tests), water content tests, and maximum density - optimum moisture tests at locations and a frequency ~rlected by your representative of. Observation of compaction methods used by the contractor is not included in the scope of our work. A written report sufmnarizing the results of all tests performed will be prepared upon completion of the work. The report will not be a certificate, oz warranty, of the compaction of the materials tested. (2) Laboratory testing of concrete; concrete compression test (ASTM C 39) of cylinders sampled by your representative. If a change in the scope of work should become necessary due to unforeseen circumstances, which will increase the charges, we will obtain your written authorization before proceeding. Invoices for our services will 6e rendered upon completion of the work and are due and payable upon presentation. 610fGG, IOVNOAWN ENGINE ENMG ~ IFftING ..~_ ... .... ~ L9 .. ,,. ._.. .:,_. Richard Mills Associates does not guarantee tF.e performance of the contractor(s) by performing these • services. Richard Mills Associates perf ormarce of these services shall not relieve the contractor(s) of his obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make Aichard Mills Associates an insurer of the contractor's performance; and shall not impose on Richard Mills Associates any obligation to see that the work is performed in a safe manner. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project and can begin our work upon receipt of your notice Co proceed and receipt of a signed copy of this proposal authorizing us to perform these professional services. If you have any questions regarding this proposal please contact the undersigned Project Manager. Authorized Sy: Very Truly Yours, City of Rancho Cucamonga AICEIARD MILLS ASSOCIATES • Greg Chandra, P.E. Project Manager BY: E. Duane Lyon, p.E. Presid~t - TITL£: DATE: Attachments: Estimate Worksheet Fee Schedule • RICHARD MILLS AS~CCI,aTE .. ... .. -.. .. - .. G9 ---- .~~ RICHARD MILLS ASSOCIATES • _ ESTIMATE-WORK SHEET Proposal To: City of Rancho Cucamonga Job Description: Assessment District 82-1, Utica Ave. S[orm Crain Type of Service: Soil Engineering Services ITEM $ ITEM QUANTITY UNIT UNIT PRICE TOTAL I COMPACTION TESTZNC - STOIL••1 DRAIN TRENCH BACRFILL A. SAMPLING 1. SOILS TECFSNICIAN 15 HR 41.00 615.00 2. STAFF ENGINEER FIELD 2 HR 60.00 120.00 SUBTOTAL $735.00 • B. LABORATORY TESTING 1. MAXIMUFI DENSITY 2 EA 60.00 12[.00 SUBTOTAL $120.00 C. ENGINEERING REVIEW AND REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 HA 70.00 70.00 ' 2. STAFF ENGINEER OFFICE 1 RR 60.00 60.00 3. SECRETARIAL 1 ftR 24.00 24.00 SUBTOTAL $154.0[ TOTAL $1009.0[ R ICNARO MILLS ASSOCIATE`. ~o RICHARD MILLS ASSOCIATES ESTID~ATE-WORK SHEET Proposal To: City of Rancho Cucamonga Job Description: Assessment District 82-1, Ut'_ca Ave. Storm Drair. Type of Service: Soil Engineering Services ITEM M ITEM QUANTITY UL:I^. UNIT PP.ICE TOTAL II LABORATORY TESTS - CONCRETE A. LABORATORY TESTING 1. COMPRESSION TESTS 2. HOLD CYLINDER 10 EA 5 EA SUBTOTAL TOTAL GRAND TOTAL 15.00 150.Of 5.00 25.0( $17 t S17~t $1164.01 • RICUARD MILS ASSCCIATE~ 7/ • SCHEDULE OF FEES AUGUST 1, 1985 Grading Observation and Testing Comoaction Testing Materials Testing Labora tore Tests Unit Cost Maximum Density-Optimum Moisture $ 60.00 Lab Moisture Determinations 8.00 Expansion Tests 70.00 Sand Equivalents 30.00 R-Values 175.00 Soils Classifications 52.00 Extraction - percent Asphalt 6 Gradation 100.00 A.C. Stability Tests (HVeem) (Set of 3). 125.00 Agricultural Suitability Set 70.00 Concrete Compression Test 15.00 Grading Observation 6 Testing Rate • Principal Civil Engineer $ 70.00/hour Staf£ Engineer 60.00/hour Principal Engineer Geologist 70.00/hour Staff Engineer Geologist 60.00/hour Grading Observation 6 Testing 41.00/hour Compaction Testing 41.00/hour Soils Technician 41.00/hour Sampling 41.00/hour Travel Time 41.00/hour Secretarial _ 24.00/hour - Copies ~ • ~ 6.00/each B Bours and Weekends Overtime - Over ~. 8.00/hour (Additional Rou rly Time charged to the job includes Gravel time to and from the project site, which is charged at an hourly rate cozrespondi r.g to the service performed. r L RICHARD MILLS ASSCCL;TE' _..._:-._.. ..._ _.. L RESOLUTIOF A0. 85-270 Resolution will be distributed at a later date, before [he SepCember 18, 1985 City Council meeeing. • • 73 • RESOLUTION N0. ,~5..~ ~/.:' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THL "MUNICIPAL IMPROVEMENT ACT OF 1913" NHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, has previously adopted its Resolution of Intention and confirmed an assessment for certain works of improvement in a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1973", being Division 12 of the Streets and Highways Code of the State of California; said special assessment district designated as ASSESSMENT DISTRICT N0. 82-1 (hereinafter referred to as the "Assessment Oistr is t"); and, WHEREAS, subsequent to the confirmation of the assessment and after the improvements were ordered, but during the pendency of these proceedings, it is the desire of this legislative body to order certain changes and modifications and authorize the construc- tion and installation of further works of improvement that are of a benefit to all properties within the boundaries of the referenced Assessment District; and, • NHEREAS, sufficient monies remain in the Improvement Fund to allow the construction of the additional improvements and said changes will not cause the increase in any assess- ments from those as previously confirmed for these proceedings. NON, THEREFORE, BE IT RESOLVED AS FOLLONS: SECTION 1. That the above recftals are all true and correct. SECTION 2. That it is hereby ordered that the changes and modifications and increases in the works of improvement are generally described as follows: A, The construction and installation of certain drainage improvements, together with appurtenances and appurtenant work in UTICA STREET (UTICA STREET STORM DRA [N). b, The installation of ornamental vegetation and landscaping median improvements, together with appurtenances and appurtenant work. ' For particulars as to the location of the works of improvement, reference is made to the plat and map attached hereto as Exhibit "A", so referenced and incorporated. The estimated cost for the drainage improvements is (350,000.00. The estimated cost for the landscaping median improvements is f250,000.C0. ;~ c, . SECTION 4. That said changes and modifications are hereby ordered pursuant to the provisions of Section 10352 of the Streets and Highways Code antl said changes and modifications will not result in the increase in any indivi- aual assessment and will not cause the modification or ad,ju stment of any any individual assessment, or result in the inclusion of any properties not orfginally within the boundaries of the Assessment District. SECTION 5. That the costs and expenses for said changes and modifications shall be paid from the balance of funds, including any interest earned thereon, in the Improvement Fund for this Assessment District. SECTION 6. That said changes and modifications, as so ordered, are to the best interests of the property owners within the Doundar ies of the Assessment Uistrict and the assessment roll and Engineer's "Report", as modified, shall now stand as the "Report" far all subsequent proceedings relating to this Assessment District. SECTION 7. That no public hearing is required for these changes and modifications inasmuch as said modifications meet the intent and requirements of said Section 10352 of the Streets and Highways Code, and it is further hereby Determined that said changes and modifications are in the best public interest and convenience for the Assessment District and the property owners affected thereby. _ • APPROVED and ADOPTED this day of 1985. CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ATTEST: Y L K CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA /J~ a ~~ ~ ~ •`-.~ - 1. - ~ __ ~~ .i i ' _ ©^ 1 __. 'Tr y'^L= -w~- : ,, ,, ~ i~1 p 3 . C ~ v ; ,! .~ n :~ ~ ~r .~ _~~ ~~~~ . a • , ',~i ~ _ Pi EQ :ei G ~~'' ~ ~~ C I I ~ '~.i ~' p I ,Q Ii ~ ` ~ ~ ~ ~~ ~ ` ~I ._i '111',` 4 t0 O _; _j ~~~ W b Ir`' _ O e % Z 1 Si ~4~` ~ ui ®~ _ : ~ E CII:i W f ~I r,1 , ((~ ~ ' e•• L~~: , :. ~~ ~ ~' # `~d:i: Ni 9S:'a`i<t 3. ~ ~°al I Ik~ l ~'' i.F ~I ~~. i~ ~ I ~r "+~' ~'' T' I ~ . , p' r~ e ~ I I i ~ ~~~ _ , ~;~ NMMY'; ~Z'13.1'~Y~tlt't~~'~ "I ' i ~R tn. u.a. ~' ~~ ' . I a~`~t . ,~,~i~ _I_ `~'_ ^ ., L ~ ~a li 000003 _ '__'_~_ _ ~Il~r~t ~rM~llr','~l`~ 7 >c ,. I I ~ , r•rmv nc n . vr•vn ~r•r .,rn~•r . STAFF REPORT DATE: September 18, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cot a, Associate Civil Engineer ~~......,pt^ `t'~~:9 ~~, ~~:~= ~~ - -.~o--i SUBJECT: Award of Contract for Field Survey and Right-of-Way Documents for Beryl-Hellman Storm Drain A proposal for the above subject services was received from Linville-Civil Engineers/Land Surveyors, Inc, for a fee of 55,200.00. Afield survey of the as-constructed location of the completed Beryl-Hellman Storm Drain and its ultimate right of way are required in order to prepare legal descriptions for the quitclaiming (return) of construction easements granted by adjoining property owners. These construction easements are no longer required from the adjoining property owners and they should be quitclaimed. RECOfMENDATIOX it is recommended that Council award the contract for professional services for Field Survey and Right-of-Way Documents for Beryl-Hellman Storm Drain to Linville-Civil Engineers/Land Surveyors, inc. and authorize execution of the contract amount of 55,200.00 plus 10% for contingencies, to be funded by Drainage Facilities - 23-4637-8069. Respectfully submitted,;~~~~/ LBH:RRC:jaa~j~G~'~" Z/r~i/,v Attachments ~/' '/ v • ~y 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 Linville-Civil Engineers/ Land Surveyors, 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 Field Survey and Right of Way Documents for Dery1-Hellman Storm Urain ("Project" hereafter). • (ii) CONSULTANT has now suhmitted its proposal for the performance of such services. (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. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. A regiment. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise • requires: `7 f )/31/85 _1_ (a) Pro,j ect: The preparation of Field Survey ana Right of 'day Documents far Beryl-Hellman Storm Drain 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, surv Sys, 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 CONSULTANT at public head ngs regarding the proj ec*. 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 "A and appl ica6le with Federal, State an; CITY statues, regulations, ordinances and guidelines, all to the reas on at'~~ 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 'Z' 7~ • "B". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may Chere of ter 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 ferth pursuant to this Section 82.(b) may 6e extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sole cast and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Rgreement. 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 55,200.00 for the performance of the services required hereunder, This sum shall cover the cost o° all staff time and all other direct and indirect costs or fees, including the work of employees, tonsu ltants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit "C". (h) Payments to CONSULTANT shall be made by CITY in accordance with the invoices suhmitted 6y CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said fnvoices are received 6y C1TY, q11 charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no • -3- -~ 7 • event, however, will said invoices exceed 96: of individual task totals described in Exhibits "A" and "C". (c) CGN S'JLTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 96Y 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 farm and content to CI T'/. Final paynent shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Paymen is 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 ~ni th 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 are asanah le 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 avail ah le, 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 CUNSULTANT's responsibility to make all initial contact with respect to the gathering of such information. -4- ~y 5. Ownership of Oocumen ts: All documents, data, studies, • surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant tp this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials sh a'1 he delivered to CITY 6y CONSULTANT. CONSULTANT may, however, make and retain such conies 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 CON SL'LTAYT 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 he terminated by CITY upon the giving of a written "Notice of Termination" [o 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 applicable hourly rates as set forth in Exhibit "8", 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 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- ~S • CONSULTANT as of date of termination. CONSULTANT may not terminate [his Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoic_s and written communications between the parties hereto shall 6e 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: Blane W. Frandsen, Senior Civil Engineer for and on behalf of the CITY and Kenneth N. Linville, P.E., for and in behalf of the CONSULTANT -Linville-Civil Engineers/Land Surveyors. Int.. 9333 Baseline Road. Suite 190, Rancho Cucamonga, CA 91730 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 company or companies atteptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. LONSULTANi shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker ~s Comoensaton Insurance; Before hegi nn in; work, CONSULTANT shalt furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensaton insurance for all persons wham it may employ directly or through Subcontractors in carrying out the work ® 5pecif ied herein, in at [ordance with the laws of the State of California. -b- go In accordance with the provisions of California Labor Cade • 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". (b) Public Lf ability and Property Damage: Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CONSULTANT shall keep, or cause to be 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 for personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at leas[ 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 (E 1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy pr policies of insur dnce concerning errors and omissions ("malpr actfce") providi^: protection of pt least (Not Applicable) for erre-; 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 tarried only in • -7- 8y • responsible insurance companies licensed to do business in th_ State of California and polities required under paragraphs d.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All pol icier 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; anA (3) they cannot 6e cancelled nr 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 elected and appointed officials, officers, agents and employees, from all liability from 1os s, 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 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 he made, either in whole ~r 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 -8- gl 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 6e reasonable. 14. Entire Rgreement: This Rgreement 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, ar promise not contained in this Agreement shall 6e • valid and binding, Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN 'A ITNESS 'AHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT - LINVJILLE -_ Civil Engineers/Land Surveyors, Inc. ,~~e ~!~-~-~N- Date: ~~9~86 Kenneth N. Linville, President CITY OF RANCHO CUCA,MO':SR Date: on Ni ens, ~ ayor ATTEST: ever y A. ut e et, ity er Approv d as to form: ~ 1 y ttorney 8? -g- • LINVILLE - Civi(Engineers/Land Sun•eyors. inc. Exhibit "A" August 29, 1985 RECEIVE® ,9UG 29 ~-~= City of Rancho Cucamonga Englneering Department CifY Of RANCHO CUCAMONGA P.O. Box 807 ERGMEERI9G DNISfON Rancho Cucamonga, CA 91710 Attention: Richard Cota Reference: Revised Proposal - Beryl/Hel loran E.D. Dear Richard: Per your requese, and our telephone conversation, the following is our "not [o exceed" figures for the Beryl/Hellman scocm drain proposed easements as follows. 1. Top of existing slope fle ld survey: $2,300. 2. Research title reports and related documents: 400. 3. Future easement calculations; 900. • 4. Pzepare legal descriptions: 900. 5. Prepare deed plats: 700. To tat "no[ [o exceed" $5,200. Also enclosed are Exti ib its A, B and C co be incor porated into a consultant's agreemenC. PLease call iE you have any questions. Yours truly, /~ J! ~y---R~- Kenneth H. Linville, P.E. KSt:jl Encl. 8 `1 9333 Fiaseline Road, Suite 190. Rancho Cucamonga, California • 714989.3922 Exhih it "A" (Con'[) SCOPE OF SERVICES • Pre-design meetings wish Cicy s[f for proj ecc review. F ie Ld surveys Ca zscabl ish the top-of-slope for 6o[h sides of the zxisting channel. Research and become acquain ced with existing Citp files cen[ain ing tic lz reports and currenc existing cons:ruction easements. Provide calculations for future easements caking into cons iderazion property Co be quiccla imed. Prepare legal descriptions. Drafi deed plats Eor each parcel. Prepare and ma in[ain work files for transmic[a1 [o CS[y upon request. • ~s Exh ibi[ "B" • PROJECT SCNEDL'LE Description: Calendar Davs: Research j Complete preliminary Eie ld surveys g Prepare and draft legal destr ip[ions and deed plats ~j total: 28 The above schedule does no[ include City review time between submittals for review. • • ~G Exhi6 is "C" CO)75CLTAST'S 8T:1.yDARD NOL'RLY Rd TES • Principal $70/hr. Office Engineer $50/hz. Technician $S~/hr. Secretary $l8/hr. 2-Nan Survey Crew $98/hr. 3-Man Survey Cre~e 5170/hr. "tiot [o Exceed" ,lmount----------------------$5,?00.00 • • 87 • CITY OF RANCHO Ci;CAVIONGA GCGS1p STAFF REPORT ~' ~ ~,;r. x~~\:= - ~ F z - ~„-.: ~ DATE: September I8, 1985 T0: City Council and City Manager FROM: Lloyd 8. Huh6s, City Engineer SUBJECT: Approval of Change Order for Archibald Avenue Beautification Oesign Concepts Consultant Contract Attached for Council approval is a contract change order for the subject consultant contract. This change order is the result of preliminary analysis of the opportunities and constraints existent in the original project area. Based on this analysis, it was recommended that the original project limits of Fourth Street to Base Line Road be expanded to the north to meet the Route 30 Freeway. Staff concurs that from a design perspective, this is a more logical limit and would recommend the revision. In addition to the expanded limits, it was felt that the typical area analysis should be expanded from four to six to cover unusual commerical areas and conditions within the expanded study areas. Both the changes require an adjustment in the budget of 34,587. DD over the original contract amount of 314,740.00 and revision to the project schedule. Under the new schedule, the Citv Council would review at its final design concepts at its November 20 meeting. RECOMMENDATION Staff recommends approval of Contract Change Order No. 1 to the Archibald gvenue Beautification Design Concepts Contract and authorize an additional 34,587 00 from the Beautification Fund. Respe t'f/J,u/~l~l}y subm/~te~d,~ LBH :~ as Attachments ss CITY OF RANCHO CUCAMONGA Change0rdr ENGINEERING SERVICES CONTRACT CHANGE ORDER 1 Ui11RH61 tUH Uroer h0.: 1 • CONCEPTUAL DESIGN FOR BEAUTIFICATION Of ARCHIBALD AVEiJl1E CO 85-78 9_11-85 Date: T0: FOP.MA, 190 'Jewoo rt. Center Drive. Uooer Gallery, Newport Roar h, fa o9fi6n Engineer You are hereby requested to comply with the fallowing changes from the agreement for engineering services. DESCRIPTION OF CHANGES DECREASE INCREA E in Contract Price In Contract Price Expand project limits on the north from $4,587.00 Base Line Road to ±he Route 30 Freeway. Develop six design ty picals rather than four as contained in Phase 1, Items 4 & 5 of original contract. Revise schedule per a ttac hr;ent. TOTAL 54,587.00 Preliminary constraints identified new unique problem area and opportunity to expand scope to more logical limit. The amount of the Contract will be QDfjbHfaOgCde) (Increased) by the sum of: Four thousand five hundred and eight-seven and OD/100------------- Dollars (S4 587.00 --~ The Contract Total including this and previous Change Orders will be: Nin r n rho ~s and three hundred and twenty-seven and 00/100----------- Dollars (b 19.327.00 ) The Contract period provided for completion will be (Incre ased)(Decreased) (Unchanged; see attached schedule Days This document will become a pp lement to the Contract and alt provisions will apply hereto. q l-- Requested: / ~~7i~~J ~ oyd B. Hu bb s, City Engineer Date Accepted: ngineer Date Approved; Mayor, City of Rancho Cucamonga Date is m orma ton wt a use as recor o any c anges o e ongtna eng neenng agreement dated: August 8, 1985 P, 0. k3230 87 • Lloyd Huhhs September 10, 1985 Page Two REVISED ATTRCHMENT B n U 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. Revise Site Reconnaisance to Include New Expanded Project Area Duration: 1 Weeks 6. Prepare Design Alternatives and Estimates Duration: 2 Weeks 7. Meet with City Staff September 30 8. Planning Conmisslon - Workshop October 7 9. Planning Comni ssion - Hearing October 23 10. Presentation to City Council November 20 9~ • CITY OF RANCHO CL'CAMONGA MEMORANDUM DATE: September 9, 1985 T0: City Council FROM: Hat zy Empey, Finance Directo SUBJECT: Loan to Aancho Cucamonga Redevelopment Agency ~% , \ '~' - x ~ f~\. ~ _ ~ z 2 __ > (Q__ As council sat as the Redevelopment Board a re conm:e ndat ion was made for a loan of $1,000,000, and authorization to repay 5719,638.84 against the original $2,000,000 loan and a request to re loan the same amount back [o ADA. Section 1 of the attached revolution authorizes the 51,000,000 loan. Section 2 rescinds Section L of Resolution 84-315 (sec attached) and lays the ground work foz Section 3 of the attached resolution. • With interest zates constantly changing we were constantly being unfair fo either the City or the ROA by setting interest rates that were either too high or too low. Section 3 allows the inte Best rate to float according to the mazke t. Section 4 implies that city loans ace due and payab Le each ye ae giving rise to the point that city loans are short term deb[ and not long term debt which might he construed by the county as to require a payment schedule over a period o° time that would dilute the city loans value where debt needs were concerned. Recommendations: Is to adapt the attached Aesoluti on, and to accept payment by the RDA of $719,638.84 and re loan the sane amount back to the RDA. r 9/ • RESOLUTION NO. 8 S - d 7/ A RESOLUTION OP TBE CITY COUNCIL OF THE CITY OP RANCHO COCAMORCA, CALIFORNIA, LOANING FURDS AND SETTING INTEREST RATE(S) ON LOANE TO THE RARCRO CUCANONGA REDEp ELOPNENT AGENCY, AND RESC INDINC SECTIOR 1 OP RESOLUTION N0. 84-31~ N REREAS, the City Council from time to Cime desires Go loan funds to fhe Rancho Cucamonga Redevelopment Agency; end N REREAS, the City must get an eppropr fete interest rote for use of these fund e. NON, TNEBEFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamosga as foll ovs: SECTION 1: As addit ioml loan of $I ,ODU ,ODU ie 6ereby approprtat ed from unallocated reserves to the Ran<ho Cucamonga Redevelopment Agency Civu Center fund. SECTION 2; That Section 1 of Resolution 84-315 is 6ereby rescinded. SRCTIOR 3; An annual interest rate on loans to the Redevelopment • Agency Nill be mhatever the prevail tng cart if oats of deposit rate is for local sav inga and loess. SECTIOR 4; Loans to the Redevelopment Agency by [he City Nill automat icelly renem each July let unless celled by the City for payment thereof. PASSID, APPRIA ID, and ADOPTED th ie 18th day of September, 19tl~. LJ 9 ~- RLSmuuon Ro. g•au • A RESQ.Ut1fM aP 26 ctn LW nCIL OP SRE Cln oe RMCIIU CDCMOnCA, CAL IIOgRIA, RLnI11C U2LR6Lt RA2C(S) OR LOMS t0 SBE RMCRD CCCMOgGA AcDLpdOPMLRT AG ggGY Y 16AGg, ebe City Cwvc it Eroe [ins to ties de•ite• to lo•n funds to [De R•ncbo Cuneovge Redev<lop~<vt Agevcy eo it ~•t ut ev •ppropr utc tv [<n•[ rate Eor ve of tbo•e Eund•; •nd YILLREM, ILe City Couvcil did •do D[ Reeolutiav 83-t SeA ebtch repl ece• R<eoluciov ¢v. 83-15g. RQ[, TNRCFDIE, gE I2 REg DLP FD Dy the City Couvcil of [be City of R•vcho Cvuoong• •• Eotlwr. ne_^TTM I: 1'b •t •o eovu•1 ivterert race of vine pert evt (9i1 i hereby <et Wli[hed on lo•v tv the 4vcbo Cuu~ovge Redevel opveve Agev , gECTi011 2: tD •t utd ivicete •e utu eq De ch•eged by the City Council froe ci me to [i•e, but vot to exceed that re[e •ec Dy Gwcrnunt Code. gLCri1M ]: geid ia[ereet .bell be due eed pq •ble by the R•ncbo [vueovge RedeveloDe<vc Ageacy vitbtn w<lae (l2) eoveDe upov deund by the Ciq Couvcil. g¢[2P0¢ 4: Deuvd •bdl be bued av inEvr~etiov prw tdee by City •nd Agency •uEt end et [be di•er eciav of cbe ci [y Couvcil. PMg®, APPRUp®, eM MDPt® ebu 19tb dq of Deceeb<r, 19bo. AYES: Yr igh[, D•hl, Rtvg • noES: none M gE][T: gu9 ue n, Mikel• ldn D. Hike! •, M•yo[ AT[E9 t: g overly h. Av[Eelat, City Clerk 93 rv,mv no new-`.x~n n ~i • STAFF REPORT ~' 9 ~. _ ~. ~e-- DATE: September 18, 1985 T0: Mayor and Members of the City Council FROM: Otto Krautil, Senior Planner 9Y: Lisa A. Win finger, Assistant Planner SUBJECT: FISCAL YERR 1985-86 BLOCK GRANT ADMINISTRATION CONTRACT In the past year, Cotton/Beland/Associates has contracted with the City of Rancho Cucamonga to provide administrative services for the Community Development Block Grant Program. These services have been fully funded by HUD. This year, as required of Block Grant recipients by federal law, Staff initiated the annual consultant selection process and requested proposals and reviewed references of consulting firms. The firm of Cotton/Beland/Associates was again selected as the best candidate to administer the Block Grant Program, based on past experience, ability, and ton tract cost, and particularly due to their intimate knowledge of our programs. When the Block Grant funds for 1985-86 were allocated by the Council to the five selected programs, 518,000 was allocated to Local Cost/Program Implementation for planning for future projects, administration costs and programs management costs. The consultant's fee is well within the COBG budget. It consists of E17,300 for administration and 51,580 for next year's applications and future projects. (See attached contract and work schedule.) Bath of these components are fully funded by HUO. Cotton/Beland/Associates proposes to provide a variety of services throughout the year, including preparation of the 1985-1986 Block Grant apDlicat ion, preparatf on of the required new three year Housing Assistance Plan, environmental review, and preparation of the Preliminary and Final Statements of Community Objectives and grant application. With the new contract, the consultant will now be present at the City a half a day a week to assist with ongoing grants management tasks. 94 CITY COUNCIL STAFF REPORT September 19, 1985 FY 1985-36 Block Grant Admin. Contract Page ? • RECOMMENDA?ION: It is recommended that the City Council direct Staff to retain the services of Cotton/Beland/Associates for the purpose of administering the•tity's Fiscal Year 1985-1986 Block Grant Program and authorize the approval of the attached contract. Respectful) su 6mfi ted, ~J~ /', '% Otto Kroutil (, Senior Planner OK:LA'd:das Attachment: Contract Scope of Services • C1 9~ • PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 18th day of September, 1985, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Cotton/8eland/Associates, 1nc., (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 administration of the 1985/86 grant and preparation of the Housing Assistance Plan, CDBG application for 1985/96 and the Environmental Review Record for each project, a full, true and correct copy of which is attached hereto as • Exhibit "A" and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal far the performance of such services, a full, true and correct copy of which proposal is attached hereto as Exhibit "8" 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, CI TY's Planning Commission, City Council and staff in the preparation of the Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. 96 NO'A, THEREFORE, it is agreed 6y and between CITY and CONSULTANT as follows: • B. Agreement. 1. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "R" and "8" hereto and all in accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) 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 6y 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. 2. C[TY oar ees as follows: (a) To pay CONSULTANT a maximum sum of 524,880 for the performance of the services required hereunder. This sum shall cover the cos'. 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 below. 97 . (b) Payments to CONSULTANT shall 6e made by CITY in accordance with the invoices submitted 6y CONSULTANT on a monthly basis, and such invoices are received 6y CITY. All charges shall be in accordance with CO NSULTAIIT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) Additional services: Paynen is for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement has is in accordance with the fee schedule set forth in said Exhibit "8". 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. • 3. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Such information as is generally available from CITY files aDPlicab le to the project. (c) 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 to the gathering of such information, 9p 4. 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 applicable hourly rates as set forth in Exhibit "B", on a pro- rate 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 maximum specified in paragraph 2 (a) above. CONSULTANT shall provide to CITY any and all documents, data, studies, drawings, maps, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 5. Notices and Designat ed Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall • be addressed as set forth in this paragraph 5. The below named individuals, furthermore, shalt be Lhose persons primarily responsible for the performance by the parties under this Agreement: Otto Kroutil, Senior Planner Laura Hudson City of Rancho Cucamonga Cotton/Beland/Associates P. 0. Box 801 1028 N. Lake Ave., Ste. 107 Rancho Cucamonga, CA 91730 Pasadena, CA 91104 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. • 99 6. 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 terms of this Agreement the following policies of insurance: (a) 'AOrkers' Compensation Insurance. Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that 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 Cade 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: "1 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." l.J Apo (b) Puhlic Liability and Property Damage Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CONSULTANT • shall keep, or cause tv be 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 for personal injury, death, or property damage arising from CONSULTRNT activities, providing protection of at least 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 Dollars (5500,000.00) for property damage. (c) General Insur ante Requirements. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and • policies required under paragraphs 6 (a) and (bj shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shalt 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 is ial5, 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 Ct TY 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. r~ L /D/ ~ 7. Indemnification. CONSULTANT shall defend, indemnify and save harmless CITY, its effected and appointed off is is is, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment 6y CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of or incidental to the performance 6y CO,ISULTANT of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by Law. 8. Ass ignment. 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. 9. 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 emD loyees of CITY. 10. Governing Law. This Agreement shall be governed 6y and construed in accordance with the laws of the State of California. 11. Attorney's Fees. In the event any legal proceeding ~, instituted to enforce any term or provision of the Agreement, the prevait~^: party in said legal proceeding shall be entitled to recover attorneys' '~~_ and costs from the opposing party in an amount determined by the Court to reasonable. /o ~ 12. Entire Agreement. This Agreement supersedes any and all other agreemen ts, 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 'dITNESS WHEREOF, the parties hereto have executed this Rgreement as of the day and year first set forth above: CONSULTANT CITY ATTEST: City Clerk • • /o? ExxiBiT . SCOPE OF SERVICES TASK I: XOUSiNG ASSISTANCE PLAN L'n less federal rz gula[ions change, Ch is year the Ci[y must ore pa re a long range (ch re a-year) Housing Assistance Plan (HAP) which estimates the housing nueds of City residents and zsca bushes to cge[a for meeting Chese needs. An estimate oY expected a< wmpl ishmencs for the 1085-R6 program year must also be prepared. However theca is same indication Cha[ [here may be changes in Che RAP :equireaenC. CBA will prepare [he Naus'ing Ass is [a nee 71an to comply ui[h :u,ie nil req uiremrn [s bared on into emotion derived t•rom th r. 198U Census anA the C r. y's recently rev and I{uus ing Element as well as info rma[ton from San Perna rd ino [:o only. CBA will work closely with City staff [o ensure that fL1P is compn tti ble with other City plans (such as the Housing Elementi. CBA will s lso coordinate with H.C.D. to ensure [hn[ the HAP complies wieh all federal n~{~, ~.~l at i.... .. CB:1 will pre part [ra nsin it ea l:. to Ccty Council and Co H.U.D. and rzsponJ to any cummznts on questions which they may have. TASK 2: 1985-86 CDBG AP?LIGATION CRA will assist [he Cicy in the evaluation of projects for funding in Fiscal Year 1995-eh, This will include preparation of letters and forms to solicit • pro~:ram suggzs [inns from o[h er Ci[y agencies, community groups and non-pro Eit nr,;aniza[inns. CRA will meet wieh City staff [o es tabLish a prior Cy ra along ;mono suggested projects. Evaluation of proposed prorams will 6e h,isrd or. the leF,teiacive intent and eligibility criteria rontained in Che law, and the goals and priorities of [he Community Development Plan. The product for this Lisk will be a completed sec of praj ect description Eo ems with supporting data and a recommended priority ranking for funding. qn initial review of env tronmental impacts will be conducted a[ this po in[ in order eo pr emit coordination of public notices on funding priorities and environmental review. TASK 3: PRELIMINARY 5tATEMENT OF COM.MUN ITY 08JECTIVES Based un [he Needs Assessment ranking and the Community Development Plan, CBA will prepare a preliminary Statement of Community Objectives. A draft of thu preliminary Statement of Community Objectives will be reviewed with City staff and [heir comments incorporated before it is released Eor review by the puhl ic, interested community organiza n uns, and [he City Council. CBA wilt preps re letters of tea m;mi ual to these groups. At this pain[ DACA will also prepare a dra E[ of the Gran[ Application package for in Eo anal revizu with H.U.D. and f,it7 sLaf E. CBA will be avaiLab le to attend community group meetings [o discuss .and receive input about ehe CDBG program, Che preliminary Statem en[ of Community Objectives, and pr of ec [s proposed Eor funding. ~o y TASK 4: FINAL STATEMENT OF COlIf1UNITY OBJECTIVES AND GRANT APPLICATION • In cooperation wi ch City sca FE, CBA will prepare the necessary legal notices of [he public hearing which is required before selecting projects far CDBC funding, CBA will ensure [h a[ [he notices ara published at leas[ [en days and prefe rn 6ly [vo weeks be Ea re the hearing. CBA will prepare £l ye rs announcing Che hea; inq for pos ring throughout the Ci[y and mailing to interested comm•.m icy groups e:.r iy enough [o ensure an adequate response. C8A wilt attend the public hearing to answer questions and receive comment S- and suggestions for changes. Rased on public input and [he direction of City Council, CBA will finalize Che S to Cement of Co~mvuni[y Obj eceiv es and Grant Appt ica [ton package. IE ne. ce ssa ry, changes will be made [o respond to informal comments from H.U.D. Copies of this package will be made available for public review prior [o submt teal [o !I. U. U. CRT will assemble [he final Grant Application package for submittal [o H.U.O. from toe prod uccs of the previous [asks. The appl icae ion will include: " Cover letter of tra ns'mi[eal to H. L'. D. ° St;mdard Federal Assistance Form 424; ° Project Des crip[ion Forms for each project; ° the S[a Cement of Community Objectives; ° Copies of the public notices and ce rc i'. ica [ion char they ve re published; ° Ali required certifications and assurances; • " The Community Develo pmene Plan; and ' Eta ndard H.D,D. Envirunmen [al Rev iev Forms for each proj ec[. TABK 5: ENVIRONMENTAL REVIEW CRd ~.+ill establish or upda [e the Environmental Review Record for each project to comply with H. U.D, requirements, If necessary, C8A will recommend program changes or establish procedures Eor each program [o comply with II. U.D. guidelines and federal law with respect [o environmental pro[ec Lion. F.n vi room rn [xl rev ieu will occur simulLnneous ly ui th Tasks 5 and 6 and during the required 30-day pe rioJ Eor public review. Preliminary environmental assessment for each project may (but is no[ exported to) reveal the need Eor preparation of an En vironmen [aL Impact S[a Cement Eor one nr mu re projec [s. IE so, C8A viii define the major issues and scope of vo rk and viii 6e available to perform the work, if desired by the Ci[y. The cost of preparing ,m F,nvironm en tai impact R[atemenc is not included in our propo r.ed iee. TASK 6t MAN ACENENT PROCEDURES AND ADNIN [STR.1TIfV Lan ra Ii udson, [he proj rct manager, vi ll be in Rancho Cuc amunga one half day each ver.k [o handle ongo iny; gran[ management and ass is[ operac ing depar[men [s [o comply with fedora. revuLations. She will meet with staff of Cicy depar[men [s • /Oi implem en[ing CDBG funded projects at teas[ once a month [o ensure compliance • with federal regulations and timely completion of [he projects. CBA will also meet wi [h County staff operating the City's rehabil i[aeion program in order [o nonicor performance and deve iop means of improving participation. CBA will prepare [he quarterly reports Eor [he CiCy which shoe funds en rumte:ed and funds expended to dace for each proj et[. The re pores must be submitted within ten working days of the end of each quarter. CBA will see rho! [his requirement of [he federal CDBG program is me[. In addition, a[ eh is time CBA will prepare a 6rieE report [o City Council on Che status of Che CD BC program. As a resu t[ of our previous ccnCrace with [he City co prepare [he 1904-85 gran[ application, CBA suggested certain pcoc edural changes in the evaluation of vn its which are proposed for rehabil ieaC ion. Ovr ing [he coming year we will meat wi [h Ci[y s[a EE on a regular basis eo determine the effectiveness of these procedures and eo propose changes if necessary. Observation of a full a.^.nuni CDBG cycle may also suggest ways in which formalizing procedures would s[renmtine and increase the effec Civ mess of other CD BC programs. TABR 7: GRANTEE PERFORMANCE REPORT (CPR) CNA will assemble information on Che accomplishments and expenditures during [l~,e 1984-85 fiscal year. Programs will be evaluated in terms of [he goals se[ by Cicy Council and the benefit to low and mode ra ee income households. C8A • wi Ll prepare the C.P.N. in the Forma[ established by H.U.D. and respond co any q uesc ions or commencs from ehe public or H. U. D, on the Report. CBA will also prepare a brief pro jec[ scorns re po rc Eor Council consideration in adopting the G.P.N. and prepare the necessary ontices informing the public [Aae the C.P,R. is available for review. PUBLIC MEETINGS We have budgeted for CBA staff [o attend four public meetings of eh ree hours each during this contract. (One each for the Housing Assistance Plan, P rel iminn ry Statement of Community 06j ec[ives, and final Cran[ Application, and Grantee Perfo nn:m ce Report.) Attendance a[ additional public meetings will be 6i iced separately at [he hourly rate in effect at [he time. PRINTING The proposed budge[ includes the cost of [he three screen check copies of each work product which will be provided to City staff for review before printing of any doe ucea[s foe public rev iev, In addition, we have 6udge[ed for the printing sod binding of twenty copies of each of the Housing Assistance PLan, Preliminary Statement of Comm unity Objectives, and Final Statement of Common icy Objectives. We will also provide Che Ci[y with a camera-ready copy of each document. Additional printed copies will be billed separately. BDR:f /OG PROPOSED BUDGET • RANCHO CUCAMONCA PROFESSIONAL HOURS i.45% Hud s'on %elly Cost 1. !lousing Assis tancz Plan 20 70 $ 2,700 2. L986-87 CDBG Prog r. ms 8 16 1,040 3. Preliminary Statement of Community Oh; ec[ives 12 40 2,040 4. Pinal S[a cement and Grant Application 8 20 1,160 5. Envi ronmen [al Rev iev 8 l6 1,040 5. Ongoing Nanngem ent (includes gnarte rly reports) l60 40 12,400 7. Grantee Petfo rmance Report 20 40 2,600 5ubcocal $22,560 • G caphics $ 750 Word Processing 1,000 Printing 400 M isc ellanzous (phone, postage, travel, 150 etoJ Subtotal $2,700 GRAND TOTAL $24,880 C J ~D7 CITY OF RtLhICHO CliCAMONGA MEMORANDUM ~ ~~cn~~~,ttotic ~~ 9 ^. 3 i .~`T - ~- ~~ ~~~Yr z iu-- • DATE: September 18, 1985 T0: City Council and City Manager -~ FROM: Mark Lorimer, Administrative Analyst %~/y'-'-'% .~ BUESECT: TRANSFER OP PUNDC FOR tANIT0RIA1 SFRF ICP ONTR~T Aa a foll w-up to the City Council apprw ing the contract vi[h Servic emaeter, Inc. for janit or iel aervic ea throughout the City offices, a trao of er of funda is necessary to allw payment o£ the contrec t. Ae previously budgeted for the hire of part-time janitorial personnel, 520,280.00 rill allw for contract janitorial aervis ea for the entire fiscal year. No additional funda are necessary. flECOMMENDATION; Authorise at off to [ranef er 520,280.00 from the City Fac it idea Personnel Ac coca[ (4245-1100) [u the City Facilities Concrect Service Account (4245-6028) to fulfill the janitorial contract with Servicemaster, Inc. ML/kep /08 • CITY OF RANCHO CUCAMONGA STAFF REPORT ~~MO'Ic x F ~, Z 19II" ~ Date: PPptemhPr ??, 1oFt Tn; rift/ r7UnC11 Trl] r1rV Ma Caner nrcm: Pill P~11 Py, r`i re ctrr, ronrnni rv C=. vi res ^~nTttme n~ CUhip Ct: AwAOn (1C rrN^PP r'^ ^n 9A 7n'm PrT Pa T(•P "~T FNT P9 T(JG rF ?]M'C CONNO:!ITY CFNTFR PArvcpn n••r S inre raP rpm pl Pri nn of the Ii ons Community Center in 1n77, the interior and exterior of the huildine has not been repainted. Reco nn izi nc the need to r=paint rhP huilAinn, the rife roan r,il hod neted £O,npp,n0 in ce re ra] funds to accnm (`lish the work. ^his ^PPartmen t. en lici ted inf rrmal bids from va ri pus licensee pe•ntinc nnntrarto rs and received four hid pzoposa is for the work. A summary of the kids is aria eh ed. °he ]owest res ro r<ih)P hiTdPr was Croy Psinri nn erv9 Const me ti n^, of t'p le nd, af. 57,u9P.On. ThPt the rity rnu^ci1 award a rnntra rt to rrnv Pain ti nrt end runstru ~ti nr, in the amn~nt of <~,94P,P p, t`]us a t0A ron ti r.nencv. for f.hP interior ara Pvterirr rPjrti^n of L.i onF rom Muni ty ('enter. /e 9 L7^T'R C(~N rn y7TY /`F*ITF.P 7NmcP?OR ANn cy~co?PA PP ?!`m?YG prnR • p?n ,i 7M ~anY Pairfim rnref rucfi cn $7,nnP.OC (714) 94F-F37] 13Fe N. Ran Pn~^nlr PvP, Upland, CA 91786 ^nLL 7"R 9ai r.t i.na Cr. <P,1 sn.rn f 71 e) 9PS_Pe9a 1 Ss1 °. liY ~. Cf YPP. f, Y7nn 1'p la nd, CA 91786 TP?-C7 mY Pa intinn SR,PSn.np (71a) PP9-FP11 P.n, Pox 7P3 R an ^,hn I'ueamOnOa, CP X1730 FPRNF..Tm Paintiro S9, ?PP.00 (71 a) 829-79P0 54e pshfo r~i FPnta na, CA 97335 • / , ~.J ~~ O CITY OF RANCHO CUCAMONGA STAFF REPORT c~+o,~ ~~ ~ / ~~ r ~! ~ '_ !- I Z .. > 1917 r1 ~ J • Da tP: FPntPr het 17, 19Ps I To: City rrnmcil and ri rv lwnacer ~~ I}{I-~~I _• I Fr pm: Pill Hollev, Pizeripr, rrm'rurirv eerV]ces Subject,: APFP OVPL nr nrcpl,n^Trn anTwnarg Tvp mom cOPMITTAI nF 1^Pd pTPTO PA PK PORD ACT r.F ANT APPLICATION ET?P THE TPR FF (31 PROJF('Te PPrKf:4 nrNI'e The prete rf Califrrria, nenartmrnt nf. Parks and necrPa ti nn has irdi ca trd that grant applications for Eundi nn considers lion tinder the t9P4 elate nark Aond act ntortram are ro hP sub ni tt.Pd by Ocrnber 1, 1985. This year the State will provide 511,970,500 in coin petitive grant fundino for the development of ]ncal Park projects through oat the State wi [h in our funding area, District 9. District 9 is the State's most populous District, incrrpora tine the hcs Pnge le S, Orange, San Pernardino, Give rside, Ventura and ?r aerial County areas. P17 City and County jurisdictions within District a Pro vi din recreational foci litiPS anP servi crs are el.igib lr to coin Pete fez the fundino and competition will be intense. Three rrniPr.ts, which fit well within rhr eta re's application nu ide.li nes from a conpeti ti nn sta nd pair t, are proposed Enr appli ca ti en submittal for fundino ova ila hlP in ri seal Yrar 1gPf -P7. TwPSe inc lttdP a P^PO smla rP fro r. expansion to Lions Cnmmuni tv Center, nicnl.c area and the deve7onnent of two tennis Cc1l[tE at i.i ref Park and the Ae vP. l.npment Of fOnr tennis r0lli is df Pe rvl Park. The Community Center expansion and Pe rvl Park protects veTe sUhrlfted Eor rnnPidr[a ti^n last Vrar. Ilnf ecru rate lV, the Ptd Ge Fad tract pr oje et, priorities and our protects did not receive funding. we arc rrvamni no our nrevi cus aprli rafiena to rake eerh more competitive. The award of grant fun Ai nq for each project can be as ruck as 1004 of t'• r.e tal Pr ri ect nos t. Fxprrienee wi rh the nronran hnwrve r, sunassts that r~•• COn pPt121VPnnfis Of OUC P[C]PCt spelt colt on M311 be 1prLP.Be efl if tl'P CI !`: Parflfl ra rPF In LhP nYOICCr ('OGt. /// TFerefo re wp are recrn+mendirn that the apFli ra rirr he suFmi•teR frr fun di nn as fnl lows: • Prniect rnst ctz to Phare ri iv cha re i,i ors rnnrurity Certpr FxFa ~sinn psp n,nnn S4 nn, non s7n,nnn (17.50 ?.i crs nark Pirnis Area and Tpnn15 rn„p1PX Im Fr nVPmP riS 5115,nM $P6,2s0 f; P, 750 f25. n*) Pervl Fa rk Tennis CnnF1Px Im pr ovemenrs <17c,n00 g171,7cn 54i,7cp (75,n*) The City shares for these projects rena ra lly rppr PSpnt 25a of the total Project rect. we sPlerted ih i= Ferran tage as it is consistent with the lnral watch ina share renuired for another State park anA recreation grant prorra m, t,*e nohert i-Z'hern Urban Cpen space Pronrzm. In the casr of the community Center expa nsign project, 258 rppreser ted a Ci cy share of 514n,Cp0 which, if used as a Patch would deplete Hoch of the Ciiy's remaining Park neve iopment Fun PS. Therefore, a match of 12.5 is recpmmended. while the City shnulP he nntimistic r. oncprnino its chances to nhtain nrant fundi nq from this Frnaram, competition is great and it is unlike]y Ghat mcrp than ape rroiP Ct oti 11 he fund Pd from this year's apptica ti nn sahmi ttals. • n rm~•Mr•;rnmmro '^hat ~h~ ri ty rnu n cil annrnvP the atrz rhed nesn Action. • ~~ L RFSOUrcIM N0. RS- 2TY R tLSOGRiOp OF TNL CITY COUNCIL OF TNF CITY e1 eanCMP ChCAPC NfA AP ppOV1NC TPF RpLICRTIOP FOt GLkpT FUNOS OMOLR TM[ • RLGIOPAL MNPCTIT [VN PROG RIp nF TN P. CK IFpPNIR PARR WD RI.CIIEPTION FA CILITIFS Art OF t9Pa aVt TNF Llrna3 CIWMDYIITY CFaI^,'EP tifAnFION, TNR LIOp3 PAPR PICNIC AAFA RMO T¢NN IS COMPLOf INfl10V[NTNTF ANP TH¢ PtNV[. PAPR TMNIF CONFLIX PIIOJLCTL. XXFR [AF, !M people of the .a to t! of Cn 11[o cola nave In+ctM M! California Park and pecr<ationnl foci ll oleo Act of r9Pa, union provlAer [veto to tpe Pute of tali tornla •r.A ita Politleal aVndivialona fox dove lapinv tacilltiea !or pvhlic reereatlonal pvrpwo: aM NXFR ¢AF, the State Oepartmen[ o[ Parka •nA Pecref Clan Ara glen Ae boatM one rea penalbllity [or Ne adainietracl on of the Proaren vitF Vn a?! a catq eet[inP nP nlcenurv nrocedurfa aevl rnlnd spplicatlon by Local an•nni•a under M! prom ear aM NXPPFAF. atiA rrocMVrea ea tanllaFeC by N! Ste to DeFa[em<nx m! ps [ke anA Rer[tnxinn r•onir• th< annli unt to ce[tl fy by rosoly [ion Che ap o[o val of dppll<AtlrPn bltOT! lY1+Fi]aiCn Pf aaid aPn{lxa [Iona to Cn! a[a[!) anA pvFPFAS, laid nopli ca [Iona cPPeain uavn noes eNat tn! appll ca nt nun[ <am F1Y va tt; anA N vvpF1F, [Fe applrcane nnlncv will en[![ fOto an aavrnrnt yr th tFn Ftece of Gll [o[nfa fo[ Aeve inpmlre tens bl ll Ca tl nO ar rea M [e[lan of N• r[eieota; !:rM. THfP F. FnP Fr mF }? PFSOLVLO tMt LM City r'opn cil of tN C1 tY of Penene Cucemnpa hereto/ t• ap rrevne Ue tiling of a applica [inn of t9Ra ecec• urea[ esalateptt fo[ M! ab0y! projector aM • 0. crw rt111 <n tart naaA aatnCV unA![rtenAa [ae aaaure ^r.g in ertt fice tlnn to N! nrFli carionr eM ]. cacti tree teat as iA gooney hea n[ will Xeve autti[S!n[ funAn t opera to anA na in to in cne preje<te, and if cne arojecu +r' eeleccM for stet! Prnnc fYMirn; a. Certlflee toot •a N eroa nlxation mil rrc vidw con.tnv ucr. plena •M aFlclflcatlana to Caa grata ritnln one yea[ et th• anF*onriatton at PRCa order rM1le rrunrem and rill Carr .r• ta[k imnefate ]y otter ate[! approve li eM 5. anPolnta tn• nlneeer of Cnnmunity Fervl cle nn engine n[ tFe CS eV eo con CU Ct oil neap[ /atlonp. ex•cutt end fuFrit sl: Aem;Fenca inclvdinn out n t limited to eFell ca-i^r~. aP[l emep[a, aAndr ~n ta, PeymlNx Prenwatn, aM ao rn, vhl<F r. Fa rlr•faary Enr tF! Crnpl •tlnn Cf ^F! nfp[•r•ntLrpM pfr'e -!Rt, PAgF Fn, 1P PPOVFD, tnd 1pnPTFP Ohla ath day ct SGp[lmaer, 19PN. Ryr=: noes: aepepr; .con D. pl Rl la, Mayor ATTFX T: Nave tly Av eheiwe, C1 ty CVrk /~ 3 rrmv nc n n wrrun rr rr a unnrr_ e DATE: September 18, 1985 STAFF REPORT T0: City Council and City Manager FROM: Lloyd 8. Hubhs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Archibald Avenue Trunk Sewer and Street Construction From 4th Street to Base Line Road, F.A.U. M-R078(1) c~ ~'- ~ 'B'IZ - > 19.' On July 3, 1985, City Council authorized staff to solicit bids for the subject project. The following bids were received at 2:00 P.M. on August I5, 1985: 1. T.A. Rivard, Inc. 52,178,035.85 2. Laird Construction Co. 52,224,779.38 3. Griffith Co. 52,291,638.27 4. E. L. Yeager 52,562,735.00 5. Fontana Paving 52,567,744.68 6. A.F.R. Associates 52,627,636.85 Bid summary attached. The Engineer's Estimate, prepared by C.G. Engineering, is 52,257,840.60. Also, proposals have been received for materials testing and construction staking of the subject project as follows: C.G. Engineering, the project design engineer, has submitted a construction staking proposal for the estimated amount of 534,250.00 based on hourly rates. La Belle has submitted a proposal for the estimated amount of f44,700.00 based on hourly rates and individual test rates. Project Construction Engineering has been approved by Cal-Trans; Project Advisory Letter attached. //z/ City Council Staff Report Archibald F.A.U., Award of Contract September 18, 1985 Page 2 The subject project is to be funded as follows: Street Construction (Primary Bid Schedule) o Gas Tax and/or Systems Development funds o Federal Aid Urban funds (86.22X of A.F.R Associates Primary Bid Schedule or about 30.4% of T.A. Rivard's Primary Bid) o CCWD, Cucamonga County 'Water District funds (50X of the street construction in the common areas where both sewer and street work occur per previously approved agreement) A prorated portion of the unbalance bebween the Primary (street) and Alternate "A" (sewer) bid schedules Street Construction Engineering o Gas Tax and/or Systems Oevelopment funds (construction staking, materials testing and inspection) o Federal Aid Urban funds (86.22% of inspection) • Sewer Construction (Alternate "A" Bid Schedule) o CCWD funds Sewer Construction Engfneer inn o CCWD funds (construction staking and materials testing) . o CCWD to provide inspection RECOIMENDATION It is recommended that City Council award the subject project to T.A. Rivard, Inc. as the lowest qualified bidder for the bid amount of E2,178,035.85, execute the contract and authorize the expenditure of funds for the contract amount plus lOX contingency. It is also recommended that City Council accept the proposals from C.G. Engineering for the construction staking and from La Belle Consultants for the materials testing of the subject project, execute the agreements and authorize the expenditure of funds for the proposed amounts plus 10X contingencies. It is further recommened that City Council authorize the Finance Director •- temporaril.y fund the subject project construction and engineering from Gas "a~ and/or System Oevelopment funds prior to reimbursements by Cucamonga Cour•, Water District.and Federal Aid Urban. ,Re~pectf my su ftted, Attachments • //S { { sus ~''~~ '. CITY OF RANCHO CUCA~IONGA S ~l.\ _ y' Y;'~ ~ _ n..,r Inn n. ltik<le ~~G/ v ' S i/ilnrnMn - L~~ Z 10+ - t ~ 1'h:vlc. J. Itunma II Jrf(re, Kine 1911 liiahara >I. Il,:hl ramch.(. {\rllhl July 3, 1935 William Edmonds, Oistr ict Director CalTrans, District OB P.O. Oox 231 San 3ernardino, California 9P.03 Attn: Jim Bolcom SUBJECT: Archibald Avenue Street Improvement from 4th Street to Base line Road. F.A.U. M-R 073 Dear t•1r. Edmonds: Enclosed please find "Project Advisory Letter" per your request for your revie~s and consideration. Tb2 City hereby requests permission to administer the subject project and provide all necessary inspection except as follows: - The City requests that Call rans provide source inspection of ali appropriate materials. if you have any questions please contact Lloyd Hubbs or myself at 989,1851. Sincerely, COMMUNITY DEVELOPttENT DEPARTMENT ENGSNEERING DIVISION LLOYD B. HUBBS CITY ENGINEER BY: Martte Prescher Public Wor 2s Engineer LBN:MP:bc ~~ //G 9580 BASELINE ROAD. S8ITEC • POST OFFICE eUx 807 • R.\SfllO CCC,UIOSf.A.CALIFORN1A 917a0 • q1U 9A9•lail ~ ~ ~~I~~~ ~'~ ^' CITY OF RANCHO CUCANIONGA _S A_~ > _tif~l'ly~. = u•r., Jnn U, \Iihels C~r x C ~ .Z r.,...n.,..r... ~ - ~ Charle,J, hugnri II .la•ffre. hm_ ~"'-i- It+rhard )I. r.. hl I'anmL~.i. ~t'mht _ July 3, 1995 PROJECT ADVISORY LETTER T0: District Director of Transportation, District 09. FROM: City of Rancho Cucamonga SUBJECT: Construction Engineering for Project - Archib ald Avenue Street Improvement from 4th Street to Base Line Road F.A.U. M-R 079 The following personnel will be assigned to the subject project: Full-Time Part-Time Resident Engineer; Monte Pres Cher, Public 'dorks Engineer 70e inspection Personnel; Mike Long, Sr. Public 'dorks Inspec [or X . Mike 'dolff, Public Works Inspector 50X Bill Vessey, Inspector (Sewer :•lain) K Berry Cunningham, inspector (Se~eer Main) 10: Survey Personnel; C.G. Engineering, Planning & Engineering Consultants Dave Barakian, P.E., Project Engineer Fred Cole, L.S., Chief of Survey Party Ted Fike, L.S., Chief of Survey Party Soils and materials Testing; LaBelle Consultants Steven Marvin, P.E., Yice President Smith-Emery Company, Soils Compaction Paul Lenstrom, P.E., Vice President Osborne Laboratories, Inc., Soils Compaction Karl Dlaufuss, P.E., President Registered,Engineer in Charge of Project; Lloyd B. Rubbs, City Engineer, R.C.E. No. ?3899 Project Engineer; Slane Frandsen, P.E., Sr. Civil Engineer Project Engineer (Sewer Main); Charles Bergson, P.E., District Engineer Traffic Engineer ~. Paul Rouge au, P.E., Sr. Civil Engineer • The field office will be located at 9360 "C" Base Line Raad, Rancho Cucamonga. // 7 l~sa RASELISE ROAR. 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H m a a a y e ~ g 6 a 6 a 8 8 H ~ 8 m ~ M ~ w w "~ _ g ~ ~ ~ ~ ~ ~ a € g ~ 1 ~ Q~ E ~ a ~ ~~ ~ ~ ~ s /.to a s a a PROFESSIONAL GERV[CES 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 C. G. Engfnee ri ng (hereinafter referred to as "CONSULTANT"). A. Recitals, (il CITY has heretofore issued its Request for Propos ai pertaining to the performance of professional services with respect to the preparation Of construction staking of the Archibald Avenue ?runk Sewer and ~t reet Construction, F.A.U. Project No. M-0.078(1) • ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CDNS~JLTANT 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, NOW, TBEREFORE, it is agreed 6y and between CITY and CONSULTANT as follows: 8. Agreement, 1. Definitions: The following definitions shall apply to the following terms, except where the content of this Agreement otherwise requires: 7/31/85 _1_ 1,2 / (d) Pr Oj eCt: The prep drdti0n Of construction staking for Archibald Avenue Trunk Sever and Street Conscruct'on, F A.U Pro iect No M-R07$(1) descrihed in Exhihit "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 alt work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services, (6) 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 "8" Project Schedule attached hereto. 2, CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with 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 descrihed in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit • -2- iz2 "8". Copies of the documents shall be in such numbers as are required by Exhibit "A". CI1Y 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 de iermined necessary 6y CI7Y. The time limits set forth pursuant to Lhis Section 62.(6) 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 sha 11 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 534,250.00 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 6e made in accordance with the schedule set forth in Exhibit "C". (b) Payments to CONSULTANT shall be made by CSTY in accordance with the invoices submitted by CONSULTANT, nn a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received 6y 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- 1-~ ~ 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 Exh ihit "A" hereof, shall be paid on a reimhursement 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 fi tes applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmen tai agencies and/or private parties. However, it shall he CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. • '4- i~Y • 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 6e delivered tc CITY by CONSULTANT. CONSULTANT may, however, make and retain such coo ies 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 ail damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site 6y 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 applicable hourly rates as set forth in Exhibit "B", on a pro- rata hasis 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 maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, mode l5, photographs and reports, whether in draft or final form, prepared by -5- ~~r CONSULTANT as of date of termination. CONSULTANT may not terminate this • Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written comnu nicat ions between the parties hereto shall be addressed as set forth in this paragraph 7. The 6e low named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: nl ke Lonq, Ci [v of Rancho r ~a m„~ea, P.O. Box 807, Rancho Cucamonga, CA 91730; Dave Ra rakiar. C.G. Engineering, 2627 Waterman Ave., Suite E, San Bernardino. LA 92408 Any such notices, demands, invoices and written communications, by mail, shall he deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the Nnited 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 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. • -6- /~G • In accordance with the provisions of California Labor Code Section 370D, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with C[TY a certification as follows: "I am aware of the provisions of Section 3100 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". (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 be kept, in full force and effect, for the mutual • benefit of CITY and CONSULTANT, comprehensive, 6rnad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (81,000,000.00) 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") providinq protection of at least 5250,000.00 for errors and omissions ("malpractice") with respect Lo loss arising from actions of CONSULTANT performing engineering services hereunder on heha tf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in -7- J.~ 7 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 polities are or imary 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 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 all 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 .4greement or of any part or obligation of performance hereunder shall be 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 be construed for any purpose to be • -8- /.Z R • employees of CITY. 12. Governing Law: This Agreement shall 6e 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 Aoreement: 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 shove: CONSDLTANT Date; CITY OF RANCHO CUCAMONGR Date: _ on , e s, ~ayor ATTEST: Bever y A. ut a et, ,ty er ADPro ved as to farm: ,ty ttorney -9- /~ 9 C G ENGINEEIa1NG C ,'J , Planning and Engineering Mr. :dome Prescher Publ is 4ior ks Encineer City of Rancho Cucamonga P. O. Bcx 807 Rancho Cucamonga, CA 91730 March 18, 1985 ~ ~' P.e: Corstructicn Stakirc FAG 4p F078O Ar chi call Avenue Sewer ar.d Street Construction Dear Monte: In accordance with your request, C G Engineering is pleased to issue this proposal for construction surveying services to the City of Rancho Cucamonga for the referenced project. {4e ur,dec stand that const:u~ion engi neecing and administration will be provided by the City of Rancho Cucamonga and that construction surveying pee soMel will be working under the direction of the City's Resident Engineer. SCOPE OF SERVICES Complete construction staking to provide one set of stakes as follows: 1) Sewer stakes, 25' o. c., at offset from prom sed centerline of pipe; Ac chibald Avenue from 600 south of 4th Street to Baseline and Devon Street from Archibald east to Londen Avenue. 2) Curb and nutter stakes at 25 feet o, c. 3) Agorega to Ease and A.C. pavement blue tops, 50' o. c. along street centerline and quarter points between Station 10+30 and 96+00. Paint limits of street section remcv al between Station 0+00 and 10+30 and 96+00 to 161+00. 9) Check and provide a copy of all cut sheets to the Contractor and the Reside rt Engireec. FEE FOR SERVICES C G twill complete the services described stove on a time and materials basis in accordance with our current hourly rate schedule as stated in our agreement with the City dated June 7, 1989. For the purpo ces of your budgeting this work it is estir,;ated the fee for the work outl ir.ed under Scope of Services will total approximately 539,250. This total is broken down as follows: Sewer: 511,300; Street: $22,950. 2627 S. WATERMAN AVE., SUITE E ~ SAN BERNARDINO, CALIFORNIA 92408 ~ 17141 8242420 /3 C C PERSONNEL Fcr your purposes of completing the project advisory letter, C G has two three-man survey crews available to the project should the need arise, although it is believed only one crew will be necessary for this project. The crews are headed by Fred Cole, L.S. and Ted Fike, L.S. It is anticipate6 that one senior designer will provide the office work rm aired in preparing and checking cut sheets. All work will be under the direction of David 8arakian, RCE. All individuals noted above have been pc evio usly approved by CALTRANS for work on FAU projects. Thank you for the opportunity of pr ov idi rg this proposal to the City of Rancho Cucamonga. If you have any questions on this matter please give me a call. Respe~ctf u/lly Sutmitted, ~'~'^~~ David Bara kian Project Engineer • DJB aj 2000-002 PRORCU-2(21) ):i / C G ENGINE'~RING r[¢nning ¢nd Engineering PREVAILING ROORLY RATES July 1, 1984 - Jure 30, 1985 OPPICE Principal Engineer 580.00/fir. Project Panacer 6C.00/Hr. Project Engineer 55.00/Hr. Landscape Architect 55.00/H r. Real Property Specialist 55.00/Fir. Prinr~pal Plam~er 54.00/fir. Senioz Designer 4b.C0/Hr. Designer-Draftsman 42.00/Hr. Planner 36.00/Hr. Senior Draftsman 34.00/Hr. Draftsman 30.00/Hr. Computer Operator 30.00/H r. Engineer Aide 30.00/Hr. Administrative Assistant 30.00/Hr. Clerical 18.00/Fir. PIELD Resident Engineer (Prof es__=i onal) 60.00/Flr. Inspector (Unlicensed) 42.00/Hr. Field Survey Supervisor (Licensed) 52.00/Hr. 2 Fan Survey Party lOB.00/Hr. 3 Plan Survey Pazty 138.00/Hr. Flectcmic L^easuriag Device 70.00/Day I4SCELLANEODS SERVICES AND EBPENSES Mileage 0.225/Mi. Prints, Copying, P,eproduction and Miscellaneous Materials Cost + 102 Outside consul tant Services Cost + 10$ Fqui~Zent Rental Per Cal trans Publications CGFY85 2827 S. WATERMAN AVE., SUITE E . SAN RERNARDINO, CALIFORNIA 92408 .17141 8242420 J31 C G ENGINEERING C Planrsing and Engineering • PREVAILING HOORLY RATES July 1, 1985 - Jure 30, 1986 OPPICE Pri rc ipal Engineer Pr cje ct t+anager Pc o; ect Enci Weer Lands ca i~ P.[ct:i tect Rezl Property Spe eial ist PrinciFal Planner Senior Desi Bier Designee-DZafts^+=n Planner Designer Senior Draftsman Draft sTan Computer Operator Engineer Aide Aci^ai ri ^otrative Assistant Clerical PIELD Resident Ergi Weer (Pr of essi onall Inspector (Unlicensed) Field Survey Supervisor (Licensed? 2 t+an Survey Party 3 Aiaa Survey Party IIectrvnic Measuring Device SERVICES AND ESPENSES Mil cage Pcint s, Copying, Reproduction and [4i scellaneous Mateci als Outside Consultant Services P9 ui gaert kental CGFY86 590.00 /:Ir. 65 . C0/il r. 60.00. F[r. 60.C0/?:. 60.C0/Fir. 60_00/H r. 51.00/Hr. 46 .00/FI r. 4.0.00/Fir. 40.00/H r. 40.00 / EEr. 33 .00,' Y. c. 33 .00/Fir. 33.00/H r. 33.00/FIr. 20.00/Y. r. 65.00 /Iir. 46.00/Hz. 60.00/Hr. 119.00/Hr. 152.00/Hr. BO .OC/Day 0.25/N1. Cost + 10~ Cost + I08 Per Cal trans Publications i J. i 2627 S. WATERMAN AVE„ SUITE E ~ SAN BERNARDINO, CALFPORN[A 92408 ~ (714t 824.2420 !33 • 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 la Belle Consulcancs (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 pr ep drdtl0n of ma [e rials and soils tes Cing for the Archibald Avenue trunk sewer and street construction, F.A.U. Project No. M-R078(I) • ("Project" hereafter). (iij CONSULTANT has now submitted its proposal for the performance of such services. (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. NO'd, THEREFORE, it is agreed by and hetween CITY and CONSULTANT as follows: B. Agreement. 1, Oef in it ions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 7/31/85 _1_ /3Y (a) Project: The preparation of materials and soils testfno • for the Arch'ba ld Avenue Truck Sewer and Street Construction =.A.U Pro'ec[ described in Exhibit "A" Scope of Services hereto including, Cut not limited to, the preparation of maps, surveys, reports, and documents, Lhe 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 CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit "8" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with 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 . -2- /3; • "8". Copies of Lhe 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 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTRNT's so to 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 ;hall be retained 6y CONSULTANT except upon the prior written approval of CITY. 3, CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of 544,700.00 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 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 6e detailed in Exhibit "C" either with A~ respect to hourly rates or lump sum amounts for individual tasks. In no -3- /3G 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 Lo receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptanle 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 additi ono' 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 he 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 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 to the gathering of such information. • _4_ i37 • 5. Ownership of Documents: qll 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 6y CONSULTANT, such documen is and other identified materials shall 6e delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such coos es of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications ezc ept 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 th= 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 applicable hourly rates as set forth in Exhibit "8", 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 maximum specified in paragraph 3 (a ), above. CONSULTANT shall provfde to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by -5- i3 i' CONSULTANT as of date of termination. CONSULTANT r,~ay not terminate this Agreement except for cause. 7. Notices and Designated 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: Ml ke Long, r.i [v of Ra ncno G LC dI•IOnoa P. O. Box 807, Rancho Lu carnnoa, CA 917j0: Steve Marvin, La Velle Consul [an_t_s, 2700 5. Grand Ave., Santa Ana CA 92105 Any 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 Compens aton Insurance: Before beg inning 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. -6- 739 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 1 will comply with such provisions before commencing Lhe performance of the work of this Agreement". (b) Public Liability and Prooerty Damage: Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full farce 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 ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) 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 N/n _ far 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 only in -1- ,y responsible insurance companies li~enred 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 Lhe effect that (1) the insurer waives the right of suhro gation against CITY and C ITY's elected officials, officers, employees, and agents; (2) Lhe 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 elected and appointed officials, officers, agents and employees, from al', 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 intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to th_ maximum extent permitted by law. 10. Assignment); No assignment of this Agreement or of arv part or obligation of performance hereunder shall be made, either in whole ~~ 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 • -8- iN/ • employees of CITY. 12, Governing Law: This Agreement shall 6e 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 other agreements, either oral or in writing, between the parties with respect to [he subject matter herein. Each party to this Rgreement 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 6e 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 Date: Date: on i e s, Mayor ATTEST: ever y A. uthe et, ity er Approved as to form; ity ttorney -9- ~vL Q C Povement Anolyaia Da/lecnpn T<rn na Soil Sta6i lino non A apAOn Techwlory 2700 5. Grand Ave. Santa Ana, Glif. 92705 (714 546-3468 August 14, 1985 Mr. SSi ke Lenc City o£ Rancho Cucamonga 9320 Baseline Road Suite c P.O. Box 807 Rancho Cucamongz, CA 91730 Archibald Avenue Dear Mr. Loner: • Attached ntease find a revised proposal for testing services fcr Archibald Avenue within the City of Rancho Cucamonga. Included is the current fee schedule for La belle Consultants. Changes in the fees are minimal, `nwever, an error in quoted rates, $283.00/day for Hveem Stahility, Extraction, Percent Asphalt and Gradation of Extracted Aggregate (2 series per day), versus $283.00/each results in a significant modification in Total Estimated Costs. We regret any inconvenience this may have caused. The opportunity to present this proposal is sincerely appreciated, and should you have any questions in this matter, kindly call. S' cerely, t ven Marvin ' e c esident E 30659 SRM/dmm encl. • /Y3 • C~O[~~Md~i QGl4~ 2700 S. Grand Ave. Santa Ana, Calif. 92705 171415463468 August 14, 1985 REVISED :RC 7CS•ll <c ARCHIBA ID AVEVU"c FAH PROJECT wtt4 iil Litt C Ciy o5 Rali c:Ia Cacamcnaa, CaYCo :ilia • Pevrmrm AulYeir De/!colon lenm~ Sm(Smbilizabon Asphalt 7tehm lary La Helle Consultants specializes in the evalua eion and design of asphalt concrete pavement systems, roadways, airports and parking lots. Support facilities include a fully equipped laboratory capable o° testing asphalt concrete, asphalt cement, liquid asphalts, agazegates, aggregate base and subgrade soils. Typical construction control activities performed include production quality control testing of asphalt concrete such as stability, percent asphalt cement, and gradation of extracted aggregate. Similar production tests for aggregate base such as sand equivalent, gradation and R-value determination are also performed. Providing these specialized se r; ices in conjunction with on-going investigations has resulted in the need £or use of outside test;:~.~ laboratories for compaction testing. This approach would also L used on the Archibald Avenue Project. Based upon the provided plans, a total of twenty-five (25) act::.'. days of asphalt concrete paving is anticipated. La Belle Con s~~:•.:, p roooses to test two samples per day for Hveem stability, ext r: :•. ~, percent asphalt, and gradation of extracted aggregate. An estic r, of 75 to 100 compaction tests in conjunction with roadway cons tr~:: ^ion spread over an unknown time period has been used for testing cost estimates. A total of 175 tests are estimated for sewer construction. r 1 ~J ~yy Page cio. 2 Archibald Avenue Revised ?roposal August 14, 1995 • ARCrIBALD AVENUE FAli ?RO,: ECT it•/eem Stabili t,•, F,xtraCtion, Percent Asphalt and Gradation of Extracted Aggregate (Two (2) Series Per Day) 5 285.00/e ac:^. Field Sampling (if samples are not delivered to our Santa Ana facility) $ 320.00/day Batch Plant Inspection 5 440.00/day Fieid Cor,.oaction Testing (minimum 4 tests/ site visit) $ 45.00/each TOTAh EST I)7ATED COSTS Twenty-five (25) Days Paving with Sampling and Hatch Plant Inspection S32,325.00 one-Hundred (100) Compaction Tests 3,500.00 $36,£25.00 • CUCA:-0OSGA WATER DISTRICT Compaction Testing (minimum 4 tests/ site visit) $ 45.00/each TOTAL EST hdATED COSTS One-Hundred and Seventy-Five Tests $ 7,875.00 All testing would be charged on a unit basis in accordance with quoted fees. Standby time for rework on compaction testing will be charged at the appropriate hourly rate in the attached Fee Scherule. Quoted fees include necessary supervision and reporting. Additional site meetings, engineering consulting, etc., will be charged in ac xordance with the Fee Schedule. t ven Marvin ' e esident • RCE 30659 SRM/dmm /y~ LA BELLE CONSULTANTS • PrvrwrN Anrlysir Dr~lrelim 7xliry SoJ Shbilimlian Arphe117rMro/0d 2700 5. Grand Ayp. • SNIb Anp, CaIH. 52705 (77116463405 F E E S C H E D G L E EFFEC7IVc`: h:ig 1, 1?35 CERSCV4L SEF, VICES Principal Engineer 5 80.00/F.o ur Project Engineer 60.00/hour Assistant Project Engineer 45.00; hour Laboratory a Field Technician 40.00/'.:our E.r r'ER7 (Vi 7.V ESS Preparation for Court Appearances or Deposition > 120.00/hour Court Apperance - Full Day 850.00 Hal` Day (minimum) 550.00 OFFICE SERVICE Computer Compilation o: Road Rater Data Report Preparation Drafting 5 50.00/hour 40.00/hour 45.00/hour iyb • EFFEC ~E: TuPg f, i9&S Page No. 2 • SASSS OF C4.IRGES '!i VI': L'1! HCURLy CHARGES SNOW-L'O time and no inspection pe rforaed or failure to cancel before 3:30 p:4 on the previous workine day - - - 2 hours; 1 to 4 hours, 4 hour minimum; 4 to 8 hours, 8 hour minimum. Sourly chances will be on a portal to portal basis. nn^EGU GIR TiylE First B hours between 7:00: ~~1 and S:OO P:•1, ?londay thro_?h Friday. OVERT 111E Over 8 hours worked in one day (Monday throuch Fridayl work be `. ore 7:00A:a and after S:DOpa, Saturdays and Sundays - - - tine and a ha 1f. SUSSISTEI'CE .:here location of work demands, a subsistence will be charged on a prearranged rate onion to com.;,encement o`. inspection and/or testing service. CU7Si:E SE^nfiCES AND REi'.I SIi:SASLc` E..\pE`JSES Outside services and reimbursable expenses such as rental of special equipmen t, `.abrication o° saecial test apear nt~. ~, long distance phone tolls, plane fares and car rental wit: be charged at cost plus fi`teen percent. FE7CRT A minimum charge of F45.00 will be made for all testing reports. A maximum of three (3) copies of the report will be issued to the client for distribution. Copies • of report in excess o£ three will be provided and charged at our normal hourly Report Preparation rate. /y7 LA ~tLL! CONlYLTANTi EFFEC~ 'E: JuPg i, 19&5 Page .Ve. 3 VC LUGIE DISCU U,V7S Special consideration will be given to projects involving long term continuous employment, hick •:o Lune or soecial testing. SPELT,AL SERV.TC `_S DE?LECTI0:7 TESYItiG Road Rater with Operator (full day) S 1,100.00 (half day) 750.00 )lobilixation and Travel (Road Rater with Operator) 70.00/hour Engineered Pavement Evaluation By Quote Skid Testing Sy Qvote Coring (ha1'. day minimum) 5 55.00/hour PLUS: Asphalt Concrete - per cored inch 2.00 Portland Cement Concrete per cored inch 3.00 Core Trir.-!ing - per cut 3.OC Protilograph Testing By Quote CC9S7FUCiICN LIAiERIALS GE.VEFAL This price schedule has been condensed for your corvenien~e. The cost of additional tests will be furnished open request. A preparation charge will be added to all samples submittoc; to the laboratory that are not ready for testing. This preparation charge will be based on the actual tine required at the Laboratory Technician's rate per hour. /yp LA ~ILLt CONlYITANTf • • E: IuQf EFFECi 1, 7985 P¢ge ~Vc. 4 AGGREGATES, SOILS 4ND AGGREGATE S4SE Sieve Analysis, Coarse AST)I Ci36 or CA 202-C S 45.00 Sieve Analysis, Fine (including was4) ASTN 0136 or CA 202-C 60.00 Speci_`iC Gravity, Sulk SSD, CoaCSe AST}t 0127 40.00 Specific Gravity, Fine AST>1 0128 60.00 Absorption: Coarse, AST>t 0127 45.00 Fine, ASTli 0128 60.00 Sand Equivalent (ave. of 3) ASTAI D2419 or CA 217 65.00 Durability Factor, Coarse or Fine AST}t D3744 oz CA 229 90.00 Los Angeles Rattler, AST?t 0131 110.00 Gait tVeight, AST11 029 55.00• F.ydrome ter Ana175is, AST?! D422 120.00 Plasticity Index, AST:: D424 or CA 204 100.00 Maxiaum Density and Opti^~~.^.. aoisture AST:a D1556 or CA 216 95,00 R-value, AST~1 D28-04 oz CA 301 145.00 Recombined 180.00 Lime Treated 180.00 California Bearing Ratio (C3R), AS?}1 D1333 275.^; Lime Treated 3C'.. :7 pEi (per determination) Si. ~' Unconfined Cor,.pression (sample preparation not included) .-.~: Crushed Particle, CA 205 75.00 Moisture Content 20.00 • Subgrade Density (Drive Tube) 25.00 / Y9 LA {tLLt CONWLTANT{ • ~ EFFEC E: JuCy 1 Page No. 5 STAEILiZED SOILS AND AGGREGATES Emulsion, Cement or Lime Stabilization Investication Im~e stigation, Design, Specifications gad Quality Control AS PH.A LT CLVCRETE Asphalt Concrete ?tix Design, Marshall Stability (1 aggregate plus 1 asphalt) Hveem Stabilometer Method (1 aggregate plus 1 asphalt) Stability Tests - Premixed or Cored Etveem (S-value) ASTM D1560 or CA 304 6 366 . Moisture Vapor Susceptibility, CA 307 Combined 9veem gad Moisture Vapor Susceptibility Swell, CA 305 Ccmbined Hveem and Swell Combined Hveem, :Moisture Vapor Susceptibility and Swell Marshall Stability and Flow, AST>t D1659 Cor,.bined lta rshall and Retained Stability Haximum Laboratory Density - Premixed or Cored Marshall or Hveem Maximum Theoretical Unit SVe fight (Rice Gravity), ASTM D2041 Extraction, 8 Asphalt (Reflux), ASTM D2172 Extraction, a Asphalt Recovery (Abson Method) . ASTM D2172 and AASHTO T 170 ~ ~• O u ~a~u coNw~rnxrs 7985 By Quote By Quote BY Quote By Qvote S 150.00 176.00 245.00 100.00 165.00 300.00 125.00 210.'0 75. iJ 65.00 75.00 130.00 • EFFECR9E- 1u4~ 1, 1995 Page No. 6 U ASPHALT CONCRETE (Cen.ttnuedl CKE (Gradation and Specific Gravity not included), Ca 303 S 100.00 Gradation o.` Extracted Aqg regate (including wash), CA 202 60.00 Onit 1¢eiyht (Rice Gravity), AST?! D2041 65.00 Density and Thickness on Core Samples ASTN D1188, AST;1 D2726 and ASTbt D3549 30.00 Stripping (premixed sample), AST}1 D1664 55.00 ASPHALT CE!.I E.Ni Loss on Heating R.T.F.C., ASTN D2872 oY CA 346 Absolute Viscosity @ 140E (60C), poise AS T:•1 D2171 Rinemat is Viscosity ~ 275E (135C) or 140E (60C), c5 t, AS T:•f D2170 Penetration @ 77F (25C), 100./5 sec., AST^1 DS Penetration a.`ter Treatment with Reclamite Ductility ? 77F (25C), cm., AST?1 D113 Flash Point, COC or Pensky-?lartens, AST:d D92 or AST:A D93 Softening Point, ASTYf D2398 Solubility in Trichloroethyle re, percent ASTN D2042 Spot Test, :.AS'r.TO T 102 Specific Gravity, ASTM D70 $ 90.00 85.00 60.00 70.00 40.00 50.00 90.0" , S>.".: 65.D0 I pry ~~ LA ~~lL[ CI ~ VULTANTf • EFFECTN E: lu4g 1, I9H5 Pag¢ No. 7 • LIOHiD ASPHALT Viscosity SSF g 77F (25C), sec., AST)1 D244 5 70.00 Viscosity SSF ? 122F (SOC) 95.D0 Settlement, 5 or 7 day, percent, AST>1 D244 100.00 Deau lsibility, AST:4 D244 60.00 Particle Charge, AST}I D244 or CA 343 50.00 pH Determination 50.00 Sieve Test, percent, AST;•1 D244 60.00 Stripping (premixed sample), AST?1 D1664 60.00 Cement Nixing Test, AST:4 D244 75.00 Distillation and Percent Oil Determination ASTM D402 or ASTM D244 90.00 • Cook-off or CA Method 330 71.00 Wet Track Abrasion Test (W.T.A.T.) (sample prep. not included) 50.00 Storace Stability, 1 day, AST?f 0244 100.00 Float Test, AST17 D139 and AST:•7 D244 75.00 Cone Penetration, AST:1 D217 75.00 Solids Content by Muffle Oven Burn-off 75.00 1 ,s~.. to ~[LL[ CON[ULTANT[ • • CITY OF RANCHO CL'CAMONGA MEMORANDUM DATE: September 18, 1985 T0: Ci [y Council and City Manager FROM; Nark Lorimer, Administrative Avaly et SUBS ECT: APPROVAL. OF OFFICE MOUIF IC ATION~ ~ `/i c.~.MOyr • // ~: 9 5 ~l lv1 ~~ 7_ ~~~ \ _ _ ~ Z As par[ of the 1985-86 Budge[, the City Council appropriated Eunds Eor the modification of office spa<e to accommodate the increase in staff throughout the Community Development Department. The City req ues tad bide for such office mod if i<atione to unit 9360-B artd has received one bid £rom Son Young C ontrattors in the amount of $19,680. The bid is within [he limitation of the budget. I[ is recommended [hat the City Council approve the attached bid end author ive $19,680 for oEf ice mod if is etiona. ML/kep h I . R Ynurq l Tc~UNG X50 t~^HS CarMr Or SurU 115 z•=.' d.nc ,n,' ....:. , ~ J flancflo G`aama4a. Ca 917J0 •. ,:;, v ONTRACTORS nul9eoasn proposal and Contract- ~~ ;] ~ nm¢ ~1" C.ti Y G\= -~~AA4(.. liC1--~..Ar~uN-bA r:. $5~ Orar ri. ~.~~.,., r r ~, , n ~ . n ~ . n nnh .AI m,n.n.d- .vN nr~r~^rm nll Inh n' nrre~rm's rn complete the fnllnxinK; 1NSEB.soR ~~.1.C~P~ds?.~r~_t"l~ti[S Pti2 ~ ~~;w [sucoP~N~A._,_ -F AL LLK Y._. lt4QbOY}:.-C'1k. I~~_D -wN ~_'~_~__ ._~_ _ .. SG. L,_ _A71!lrlit~._..LoNSt2~Ir.ranN ("Svw~__^ ~ nsy.{~-- .. ,..~•.,, „nr, • \ .'. ,. ~, ~~ •~ri ;n .r aih.tamr,d and w,.rhmanlike mann¢r arcnrdrnK n. q;mdnrA Pracucr, Ln •~ MiM\o T6~.N ~NvuSANII Su. NUNRZI:=Q-.L- ~.141iL.`~... Ilnnnn i~~(IiG~~ r .. h _. _.__ n. the x„rk pn.~,o ... . . ._ _.._ _____._ lire ~cnr~ ___._ rnl nllwm'k rnmplrrr•d'I'hr enure um~nnu ~dr~•rr. ' ~ 'l:m _.__ rlar aher r~nnplerinn. ~, :nln~nw drrmn.•nh.nn the afi.nr.w, Jn nro~n.mr„hmu evrrn tort nl motenal nr lnlxrr xiil only he exenrted upon n.,. ~,~ ..,rnr,..rnd mJl heaime m rxva ~ r. ~ ~¢i rhr ~.n.r mrmnnwd m thrs rnntm¢t All xKreemenw must he mode m xr.. ID ~'... 1'nNrnctnr'~ lratr laaense Sn. '~. S_~^~ Lr.~ r Is tf 1'nn, the buyer, may cancel this tranggrtinn qt am' nnu .~ to m;dmght of the Ih'vd hueinese day after the date .a r vnroarnnn. I ~~ '• .,.n:..,;:re.nh~n~;m~l b•IVnn•h.Jl•:~atrrml•and ldhrrt n~gnued me^mpletetheaork mentioned fnlhe ahm'epmgrxal.fnrwhlch _ ..___._..___~_aKree to pagthe mm~unt mentioned in acid prnpo.al '~nvl n, ~: d.n4 i~, rP~r mine ihnu ..I \I'1' hll' 1'F'.I1 _ -,____„_.__.~ ~.._._.. ___..~_.,_.I1nIe ,19 y ~0- 85 ~, ~iT'~ OC "~N4Ho LuGM.yravl~4 _ - - r.+~T ~.Rt~K~Qass.i~---- ~lG_MO - - --'- - --------- - ,ADC ...--- -.~!rU~_41111.1~.-_ ------- ---Z.OZt~ ------ -j~l+._V,l._VU~s._~.5 -_- ~ -.1500 ..- -~no.ft~.~ Out e4~.~uliJ l~ -__$.00_ -..LIG l L-aa.l~.~- ~ ~LH t2-__ _, K y ~,~z____..__ --- --3s ~ - _. _c. ~c.ct . Q~s es..---_ - - ------- --3`i oc~-- - . f .~ _- -... -- - - D~t!Ip-- - --- --- _ _ 41.~c.r Q~LA{... - - --- -- - - .. ------ --._._ GoN~t Rvc.~~wv ovk2Nknp - - - a5o-- --- - - . -loon ------ .`3 40-_. I~yo~-- _ L o°~0 3Z80. -~ • ~t/4f- LvpT I~lybPjt~ ._ '~ --- CITY OF RANCHO CCCAMONGA MEMORANDUM ~,1 C.4 fin, ' ~ „' Y ~ ~' _~~ z - a---. DATE: September 18, 1985 T0: Citq Council and Citq Hanager '~ FROM: Nark Lorimer, Administrative Analyst/"'"~K.~ SUBJECT: ~f~CTOR CONTROL STAT9c RL+POAT • C~ In an effort to updace the City Council as co the act iv is iea of our Vector Control consulting services, Hr. Gene 2dunwski, the consultant, has been inv iced to the next Council meeting on September 18. Ne will present his current survey ac tiv it iee and discuss fur Cher details of his strategy Eor the coming monehs. September 18 will also be an oppor [unity for the Council co meet Mr. Zdunwsk i. ML/kep Js3 CITY OF RANCHO CCCA:~iONGA STAFF REPORT DATE: September 18, i985 T0: Chairman and Members of the Planning Comniss ion FROM: Jack Lam, AICP, Community Development Director BY: Curt Johnston, Associate Planner ~~c,aai~ti x i '-~ ~,T ''~ !~~,z I'1'- SUBJECT: FOOTHILL BOULEVARD CORRIDOR STUDY: INTERIM POLICIES - ity Counci Review of nterim o is ies to be applied to development projects along foothill Boulevard prior to completion of the Foothill Boulevard Corridor Plan BACKGROUND: At the August 28, 19II5 meeting, the Planning Commission recommended adoption of the attached Interim Policies fur Foothill Boulevard. The policies are provided since projects will continue to be submitted for City review during preparation of the Foothill Corridor Plan (12 to 18 months) and the Commission felt a preliminary goal statement and interim policies are necessary to guide the decision making process. The intent is to accommodate approval of development projects that benefit the City, as well as provide an objective means of evaluating projects with major issues and concerns. The Commission reviewed the policies at a workshop and two public hearings. The policies were also presented to the Chamber of Commerce and comments and changes requested 6y the Economic Development Committee have been incorporated. This report provides a summary of issues to he addressed by the Foothill Sou levard Corridor Plan and an outline of the Interim Policies as recommended far approval by the Planning Commission. No formal action is required at this time, but the Council should review the policies, receive public input, and recommend any changes. A Pu61ic Hearing will be scheduled in October for final consideration of an ordinance containing the Interim Policies. lJ iI. PLANNING AREA: The planning area ranges from the westerly City emits a ong rove Avenue, east to Oeer Creek Channel abutting the Haven Avenue Overlay District and Virginia Oare Center. In addition, the area along Foothill Boulevard in Et iwanda between I-15 and East Avenue has similar characteristics and will be included in the study. The study area generally follows the boundary of Commercial, Office, and Medium-Residential property along Foothill Boulevard. / s'! CITY COUNCIL STAFF REPORT Foothill Boulevard Corridor Study: Interim Policies September 18, 1985 Page 2 u III. CONTENT OF FOOTHILL PLAN: The Foothill Boulevard Corridor Plan will have to address a complex set of issues as discussed below: Land Use: Land use on vacant or development properties must be addressed as it relates to neighborhood compatibility and transition, size and configuration of properties, access, and any unique or special problems. The result will be to reaffirm the current land use pattern or provide appropriate adjustments. Urban~Desi n~: The Foothill Corridor currently lacks consistency of arch itecturaT character of quality, landscaping, pavement width and maintenance. In addition, there is a mixture of incompatible uses such as older single family residences and high intensity commercial. Numerous small parcels and inefficient utilization of land use is also a constraint. Urban design guidelines must be provided to address the major design elements such as architectural style and landscape treatment for both street frontages and the median island. Traffic: The traffic issues relate to providing efficient and safe traffic flow along the corridor. The intent is to balance [he need for access to individual properties as well as allowing Foothill • Boulevard to serve as a major east/west transportation corridor through the community. Economic Viability: The study must consider the impact on existing viable activities along the corridor and develop a strategy to enhance land uses along Foothill Boulevard. IV. INTERIM POLICIES: The Interim Policies being recommended by the ann npT-Tg Commission are attached as Exhibit "A". They contain a generalized goal statement which in simple terms expresses what the City is trying to accomplish in the study area. The goal serves as a guide for the Interim Policies which are broken down into five categories: General Requirements, Land Use, Master Plan Development, New Development, and Non-Conforming Lots/Structures. The following is an outline of each of these sections: A. General _Requirements. This section covers three topics: r~P el~inary eviews; Time limits; and Compatibility. The Preliminary Review requirement allows Commission review of development proposals prior to submittal of a formal application to determine consistency with the Interim Policies. Regarding compatibility, Policy 3.A reinforces land use and design solutions currently in practice. • /j S CITY COUNCIL STAFF REPORT Foothill Boulevard Corridor Study: Interim Policies September 18, 1985 Page 3 • Land Use. Policy B.1 discourages General Plan Land Use Amendments during preparation of the Foothill Study, but Deve topment Districts Amendments are allowed in conjunction with Master Plans. Policy 8.3 esta6l fishes temporary restrictions on certain land uses in the General Conenercial and Office Districts. The Commission felt the restrictions were necessary until design 9u idelines and technical standards are established to deal with the potential adverse aesthetic impacts. C. Master Plan Development. The Master Plan requirements contained in the Interim Policies are similar to those approved for Haven Avenue. The emphasis is on problem-solving, particularly with regard to strip commercial which is typified by fragmented development on a lot-by-lot basis, inconsistent design and improvements, and parking along the streetscape. In addition, Master Planning is necessary to achieve overall City benefit and increase the efficiency of site planning with combined circulation and access. D. New Development. The intent of this section is to provide . guidelines for site planning and architecture. Basic design philosophies are discussed including building design features and site planning. The final Foothill Corridor Plan will be more specific in terms of and dealing with specif is issues such as architectural style and streetscape design. E. Non-Conformin Lots/Structures. The Planning Commission stresse ur an esign is a major issue. Therefore, the adopted Foothill Plan must provide a strategy to deal with existing non-conforming lots and structures. At this point, three Interim Policies are provided which would limit development on non-conforming parcels, and require landscaping with major redesign of existing buildings. ENVIRONMENTAL ASSESSMENT: The Initial Study, including the nvironmenta heck fist, has been completed and no significant impacts were found which result from the adoption of the Ordinance containing the interim Policies. The poi is ies are designed to implement the intent of the General Plan and Development Code. In addition, further environmental review will occur prior to adoption of the Foothill Boulevard Corridor Plan, and during review of individual development projects. If the City Council concurs with these findings, issuance of a Negative Declaration would be appropriate at the time of adoption. / rc CITY COUNCIL STAFF REPORT Foothill Boulevard Corridor Study: fn terim Policies September 18, 1985 Page 4 VI. RECOMMENDATION: The Planning Commission recommends approval of the Interi~oTcies are presented. If the City Council concurs, Staff should be directed to prepare an Ordinance containing the Interim Policies for Council Adoption on October 2, 1985. Jack Lam, A[CP Community Development Director JL:CJ:ns Attachments: Interim Policies (Exhibit "A") Planning Commission Resolution of Approval Planning Commission Staff Reports Initial Study, Part II U • /t7 _ FOOTHILL CORRIDOR INTERIM POLICIES INTRODDCTION The following Goal Statement and Interim Policies are provided to gu idz the decision making process durf ng preparation of the Foothill Sou levard Corridor Study. The policies address basic land use and urban design issues unique to the Foothill Corridor, and are intended to be applied in conjunction wit'n the Development Cade, whichever is more restrictive. The boundaries of the Study Area include commercial, office, and res identSal properties along Foothill Boulevard, ranging from the west city limit at Grove Avenue to Deer Creek Channel, and from the Devore Freeway to the east city limit at East Averwe (Exhibits A-1, A-2). 60AL STATEMENT Goals define community aspirations and intentions. The following Goal for Foothill Boulevard attempts to synthesize a complex set of issues dealing with land use, urban design, traffic and circulation, and economic viability into a comprehensive, understandable and achievable statement. To est a6lish a high quality, attractive, and unifying design image reflective of community heritage, and provide a viable setting for a balanced mixture of residential and commercial • activities with safe and efficient traffic circulation and access. Based on this goal, the following Interim Policies are provided to address development related issues during preparation of the Foothill Corridor Study. /58 INTERIM POLICIES A. General Requirements: Preliminary Review A.1 Prior to processing Devetoomen t/Design Review applications within Che study area the Plann inq Commission shall conduct a Preliminary Review to determine consistency with th=_ Interim Goal and Policies contained herein. The intent is to provide direction to the applicant and staff early in the rev iza process and avoid undue time delays or expenditures. A.2 Submittal requirements for a Preliminary Review shall include a Site Utilization Map showing the relationship of the site to surrcund ing property and improvements. a conceptual Site Plan, and a description of the proposed use. Additional information may be requested as deemed necessary by the City Planner. Time Limits/Extensions A.3 Approval of development proposals, • except subdivision maps, shall lapse eighteen (LR) months from the date of approval. The intent is to allow ear l,y re-ova iu ation of projects not yet constructed for consistency with the adopted Foothill Corridor Study or other then current City standards. A.M1 Time extensions for any development proposal within the study area subject to a lapse of approval may he granted, in twelve (12) month increments and not to exceed a total of four (4) years from the or ig inai date of approval, subject to any inconsistent provision of State law, and the follow in; findings: a. The proposed land use, projz;, ~. design, and conditions of approva' Comply with all applic ab L~ provisions of the Foothill Corridor Interim Policies; b. The project is consistent with the • policies, 5t andards, and requirements in effect at the time of the extension. /sS c. The granting of said time extension • will not be detrimental to the public health, safoty, or welfare, or materially injurious too properties or impravemen is in the vicinity. d. Current economic, marketing, and inventory conditions have made it unreasonable to develop [he project prior to this time. Compatibility: A.B A11 land use and development prooosals shall be compatible with ultimate uses on surrounding properties, particularly residential uses, and mit iyate potential conflicts to the extent practical. Mitigation measures may typically include, but are not limited to, Master Planning, transition of building height, architectural farm and density, landscape buffers, sound attenuation, reduction of wind turbulence, visual harriers and/or grading conditions to disrupt line-of- sight concerns, and alternative • circulation and access. B. Land Use: The intent of the following policies is to provide a viable setting for a balanced mixture of residential, commercial, office, and other activities of community wide significance compatible with surrounding land uses. General Plan Amendments B.1 Applications for General Plan Land Use Amendments are discouraged. Prior to approval of any such amendment, however, the Planning Commission shall make the following findings: a. The proposed amendment is clearly consistent with the intent and purpose of the interim policies for the Foothill Boulevard corridor. b. The proposed land use is compatible with ultimate uses on surrounding property. c. The proposed land use will not create Significant traffic or circulation impacts. ~(,O d. The proposed land use •.vill not Se • detrimental to properties or improvements in the vic ini*.v. Development Districts Amendments 8.2 Development District Amendments boundaries may he considered if consistent with the General Plan Land Use Element and Interim Policies, and where necessary to achieve more logical and efficient land use and site p fanning patterns. The intent is to allow flexibility during the Master Planning process and provide a tool to achieve the objectives of the Interim Policies. Land Use 6.3 Current land Use regulations within the Study Area shall remain in effect, except that the following limitations shall apply during preparation of the Foothill Boulevard Corridor Plan. The purpose is to avoid land uses which may have adverse aesthetic impacts, until such time as design guidelines and technical standards are established to deal with specific areas of concern. Existing or previously approved • businesses and buildings shall be allowed to continue under current regulatory provisions of the City. The following land uses shall not he established in the Office/Professional and General Commercial Districts within the Study Area: - Animal Care Facility with exterior kennels, pens, ar runs - dlutomot ive Repair including mafor engine work, muffler shops, painting, body work, and upholstery ' (except where accessory to automotive sales) - Cemeteries - Contractors Yards - Equipment Rental Yards - Ice Machines (outdoor) . - Mini-storage for public use /6 / • - Recreation Vehicle Stor aae Yard - Tire Sales and Service - -Truc< and Trailer Rental, Sales, and Service - Vehicular Storage Yards The follaeing land uses may be established in the Office/Professional and General Commercial Districts within the Study 4rea, subject to the approval of a Conditional Use Permit. Carpenter Shop or Cabinet Shop - Drug Stores and Pharmacies (CUP in DP District only) - Nurseries & Garden Supply Stores - Plumbing Shop and SuDPiies - Second Nand Stores and Pawn Shops • - Spiritualists C. Master Planned Development: The purpose of this section is to provide for integrated development at the earliest possible time in the review process. Master planning of defined areas will avoid development of single parcels of land in a manner which prevents or precludes future development of adjacent parcels in the best way feasible. The specific intent is to recognize and solve problems before they occur and Lake advantage of opportunities while they exist. Master Plans Required C.I A conceptual Master Plan shall be required for Planning Commission review in conjunction with development proposals wherever necessary to assur? Integrated development, enhance harmonious and orderly development, mitigate site constraints on adjoining • property and maximize land potential. Boundaries/City Benefit C.2 The area of Master Plans shall not be confined by individual lot sines, but determined by logical planning boundaries and site conditions as required by the Planning Commission or City Planner. Master Planning beyond the boundaries of specific project sites is intended to benefit the City /L} by coordinating land use and site • planning to enhance opportunities for quality development consisLnt Kith the Standards far Foothill Sou levard, de- emphasize "strip-commercial" by Great inq organized groups of structures and uses, and provide for efficient utilization of land. Content C.3 At a minimum, Master 71ans shall indicate conceptual build ina locations and orientation, overall circulation, points of ingress and egress, parking lot layouts, transit stops, landscaped areas, and pedestrian nodes, and circulation. In addition, the City Planner may requir=_ athzr information as deemed necessary to assure consistency with the intent of these policies. D. New Development: The intent of the following policies is to establish a high quality, attractive and unifying dzs ign image which promotes a sense of identity and reflects community heritage and to provide for safe and efficient traffic flow and optimum vehicular and pedestrian access within the corridor. • Archit=_cture D.1 The architzctu re of new construction shall be sensitive to the heritage of Rancho Cucamonga and relate to nearby structures of community significance. Design elements may include, but are not limited to, river rock/fieldstone walls, exposed beamwork, vine arbors, curved parapet walls, and covered walkways or arcades. D.2 All applications for new development within the study area shall include a written statement of architectural intent indicating how the project is sensitive to the heritage of Rancho ' Cucamonga. Pedestrian Orientation D.3 Site planning, including building orientation and parking lot configuration, shall enhance pedestrian connections on- and off-site. A continuous pedestrian system is required in all new projects with connections between buildings, parking areas, street adjacent sidewalks and transit stops. Amenities shall be . /G~ provided such as plazas, shaded seating alcoves, expanded walkways with surface • treatment, texturized pavement across drive aisles, raised planters, trash receptacles, and drinking fountains. In addition, outdoor eating areas are encouraged. Combined access D.4 TS rough the master planning process, driveways onto Foothill Boulevard shall be coordinated for consist encv with existing City access policies (i.e., 300' driveway separation) to the extent practical, regardless of parcel wid [h. Public Transit D.6 Pu61ic transit facilities shall be considered within all master plans. Convenient pedestrian access shall be provided from des ianated transit facilities, such as bus stops. Stree tscape Oes ign D.6 Stree tsc ape design elements for all new projects shall be coordinated for consistency with the guidelines for Foothill Boulevard in effect at the ' time of development, including intensified landscaping with specimen • size trees, be rming, and meandering sidewalks. In addition, strr_et furniture and alluvial rocksc ape and monument sig rs may be required where appropriate. Landscaping D.1 Land scapfng shalt be designed to create visual interest and variety to the streetscape, enhance building architecture, buffer views of automobiles, screen utilities and service areas, and distinguish pedestrian spaces from vehicular areas. E. Non-Conformina Lots/Structures: The purpose of this section is to allow continuance of existing uses an~ buildings under current conditions, and promote consistency of design an! technical standards throughout the study area at the time of development, conversion, or redesign. Master Planning E.1 New development and/or conversion of existing residential buildings to a new use is permitted on non-conforming lots, provided such development is an integral part of a Master Plan development consistent with the Interim / to Y Policies for the Foothill Boulevard Corridor and <levelopment Code • standards. The boundaries of such a Maser Plan shall be determined by the City Planner per policy C.2 above, and should provide for consolidation of suhstandard parcels. Landscaping E.2 ?egardless of parcel depth, all new development shall provide a minimum ?S' build ina setback and average stree tscape landsc ao ina (measured from the ultimate curb face local ion; on Foo :hill Boulevard. E.3 Str eetsc ape landscaping and irrigation shall 6e required to the extent practical in conjunction with subs[antial reconstruction, renovation or exterior remodeling of existing structures along Foothill Boulevard involving the issuance of a building permit. • U /~ S NORTH CI"I'Y OF ITEM: ~.1~911lst !sfAw~ RA\CHO CL;G~~10\G.-~ TITLE SIY~~_,_~~A~~ PLA\NI~iG DI~'TSIO\C\HIRIT~SCALE ~ ~LG ~i C~ ~~ <)ItT~ I CITY ~r ITE\I ~Q'~f/6+L STfJ.T7~ RA\CHO CCC1~I0\Gr~ TITLG 1~~/h41i[~ ~~ ~~S PLAN;vI\G DICL510v EXIIIGIT_.g~~SC:1LE ^' /G ~ a~ a ~~ r~ u Section 17.10.030 Development Code Nterim Use Re¢ulations - FoothiB iloulevard Corridor Study Area Uses listed in fable 17.10.030 shall be sllowahle in one or more of the commercial districts as indicatad in the columns beneath each commercial district. iVhere indicated with the letter "P", the use shall be a permitted use in that district. Where indicated with the letter "C", the use shall be a conditional use subject to the Conditional 'ise Permit process. In the event there is di Cficulty in categorizin; a given use in one of the districts, the procedure outlined in Section 17.03.040 shall be Cotlowed. TABLE 17.10.030 USE REGULATIONS FOR COM11l1ER CIAL/OPFICE DISTRICTS USE OP NC CC A. OCCices and Ralated Uses 1. Administrative and ececutive offices. P P P 2. Artist and photon aphic studios, not P P P including the sale of equipment or supplies. • 3. Clerical and professional offices. P P P 4. Financial services and institutions. P P P 5. Medical, dental end related health P P P services (non-snimal related) including laboratories and clinics; only the sate of articles clearly incidental to the services provided shall be permitted. 6. Prescription pharmacies, (also when P P P located within a building contsining the offices o[ 5 or more medical practitioners) o p P 7. Public buildings (library, city and county buildings, special districts end post office). 8. Public utility service oCCices. P p p 9. Public safety facility (police, [ire, C C C ambulance and paramedics). /G 8 USE OP NC GC 10. Related com mercial uses (blueprinting, P p p • stationary, quick copy, etc.) when incidental to an office building or complex. B• General Commercial Uses 1. Antique shops _ p p 3. Adult business (see special requirements - - C per Section 17.10.030) 7. Animal Care Facility (nnim al hospital, veterinarian, eom mercial kennel, grooming). e. Excluding exterior kenneh Dens, or C P p runs. b. Including exterior kennel, pens, or - - _ runs. 4. Apparel stores. _ p p 5 A t i d • . r , mus c an photographic studios and C P p supply stores. 6. Appliance stores and repair. - C p 7. Arcades (see special requirements per - C C Section 17.10.030 F.) 8. Athletic end Health Club, gyms end P p p weight reducing clinics. 9. Automotive services (including motorcycles, boats, trailer and camper) a. sales (may have repairs as ancilary C - use) C b, rentals _ _ c. repairs (major engine work, mufflar _ _ _ shops, pointing, body work and upholstery) d. Coin-op washing C C C e. Automatic washing C C C • /t4 Sacuon 17.10A~0 1156 OP NC CC • (C) Service or gasoline dispensing C C P stations (including minor repair such as tune-uos, brakes, batteries, tires, mufflers) (g) Parts and suopGes - p p 10. Bakeries (retail only). - P P Il. Barber and beauty shops. p P p 12. Bicycle shops. - p p P P p 13. Blueprint and photacooy services 14. Boat and camper sales end services. - - C 15. Book, gift and stationery stores (other C P P then adult related material). 16. Candy stores end confectionaries, - P p 17. Catering establishments. - - p • 18. Cleaning and pressing establishments. C P p 19. Carpenter shop or cabinet shop. - - ~ 20. Cocktail lounge (bar, lounge, tavern) including related entertainment. (s) Operated independent of e C - C restaurant (b) Accessory to a restaurant C C C 21, Commercial recreation facilities. (a) Indoor uses such as bowling, C C P theaters, billards, (b) Outdoor uses such as golf, tennis, C C C besketbaLl, baseball, trampolines, etc. 22. Contractor yards (screening of outdoor - - _ storage required). 23. Dairy product stores. - p p -100- ~D Section !:.10.030 USE 24. Department stores. 25. Drive-in businesses, including theaters. (other than fast food restaurant;) 26. Drug stores and phnrmacies. 27. Equipment rental yards. 28. Fast-food restaurants. 29. Feed/Tack stores 30. Florist shops. 31. Food stores and superm erkets. 32. Furniture stores, repair and upholstery. 33. General retail stares. 34. Hnrd~.vare stores. 35. Home improvement centers. (s) Jaterial stored end sold within enclosed buildings (b) Outdoor storage of material such as lumber & building materials 36. Hotels and iVtotes. 37. [ce Machines (outdoor). 38. Janitoral services end supplies. 39. Jewelry stores. 40. Laundry elf-service. 41. Liquor stores. 42. Kiosks for key shops, film drops, etc. in perking lots. 43. Locksmith shop. 44. Mini-storage [or public use (no outdoor storage). OP NC GC - - P - C C C P P C C P - C P P P P - P P - P P - P P - P P - P P • - - C C - p C P p - P P - P p - P P - C C - P P C , J -101- ~ 7~ Sac C.on ! ;.10.0.0 USE OP NC GC 4a 4lortuaries C C C 36. Notorcvcle sales and service. - - C 17. Newspaper and magazine stores, pri;tting - C P and publishing. d8. Nurseries end garden suohiy stores: - ~ (; provided, in the NC district, all equipment, suop0es and material are kept within an enclosed area. 49. Office and business machine stores. C P P 50. Parking facilities (commercial) ~.vhere fees C - P ere charged. 51. Political or philanthropic headquarters. C C P 52. Pet shop. - P P SS. Plumbing shop and supplies. - - C 54. Photocopy P P P . 55. Printing shops. - - P 55. Restaurants (other than fnst food). (a) Wlth entertainment and/or serving C C P of alcoholic beverages (b) Incidental serving of beer end wine P P P but without a cocktail lounge, bar, entertainment or dancing 57. Recreational Vehicle Storage Yard. _ _ - 58. Shoe stores, sales and repair. - P P 59. Second-hand stores and pawn shops. - - C 60, Shopping Center subject to provisions in - C C Section 17.10.050-F.5. 8t. Spiritualist readings or astrology - - C forecasting. 62. Sporting goods stores. - P p 82, Stamp and coin shops. - P p -10^_- ~7 L USE 6~. Swimming pool supplies. 66. Tailor. 66. Taxidermists. 67. Television, radio sales and service. 68. Tire sales and service. 69. Toy stores. 70. Towing service (without vehicular stora;c) 71. Travel agencies. 72. Transportstion facilities (train and bus, taxi depots). 73. Truck and trailer rental, sales and service. 73. Variety stores D. Public and semiroublic uses 1. Dflv Cere Facilities 2. Convalescent facilities and hospitsls. 3. Private and public clubs and lodges, including Y~1CA, YtVCA end similar youth group uses. 4. Educational institutions, parochial, private (including colleges and universities). 5. Libraries & museums, public or private. 6. Perks and recreation facilities, public or private. 7. Publie utility installations. 9. Vocational or business trade schools. 9. Churches, convents, monasteries and other religious institutions. yr nv ~i. • - P P - P P - C P - P P - P P - - C P P F' C C C - P P C C C C - C C C C C C C C C C C C C C C C C C C C C C u /~~ Sec:; :n G.: 0.110 USE OP NC CC • D. Accessory Uses 1. Acessory structures and use; custom a: ilv P P P incidental to a per mitred use and contained on the same site. 2. Accessory structures and uses cu;tam arils C C C incidental to a conditional use end contained on the same site. 3. Caretakers residence C C P 4. Amusement Devices, per Section - P P 17.10.010-r. E. Temporary Uses 1. Temporary uses as prescribed in Se^_tlon P P P 17.04.070 and subject to those previs ons. 2. Tem oorary office modules, subject to C C C provisions in Section 17.10.010-~.i. • i7y r RESDL'JT?ON `J0. 35-1 ~'_ A REGOLUTI0.7 OF THE PLANNI G CO'1MISSIO'1 OF SHE ~I"! OF RANCHO CUCAMOtJGA RECOMMENDING THAT THE C?iY CO'J tJC R. OF THE CITY OF RANCHO CUCA;40NGA ADOPT ~'J ORO PJANCE ?RO':i7:'„ THAT DEVELOPMENT 'AITHIN THAT PORTION OF FOOiHI U. BOULE`IARD SPECIE IEO IN THIS RESOL'JTI O.J 3E CONOUCTEO ONL'! 14 ACCORDANCE 'wIT'd THOSE I`IiER?'d POL?CIEs ATiACtiE7 .0 A3D INCORPORATE? IN THIS RESOL'JT IOH PE.'IO CJG C0;'~.pLET i^,'1 ANO IMPL E;dE'ITATION OF A CO"P RE4EN5 i`fE PLA;J FOR THE DEVELOPMENT OF THE SUBJECT AREA. A. Recitals. (i) The Planning Departmznt of the City of Rancho Cucamonga has been instructed to conduct and Complete the "Foothill Corridor Study", a study which is intended to result in a synthesized specific plan for that portion of Foothill Boulevard ranging from the •xest city limit at Grove Avenue to Deer Creek Channel and from the Oevore Freeway to the east city limit at East Avenue. Hereinafter in this Resolution, that study area is referred to as "the Foothill Corridor." (ii) It is fares eeab le that development proposals involving the Foothill Corridor could 6e applied for pending comp l_t ion of the Foothill Corridor Study. Accordingly, it is necessary for this Commission and the Council of the City of Rancho Cucamonga to process and imo lenient development in the Foothill Corridor which will ultimately conform to the plan which results from the completion of the Foothill Corridor Study. (iii) Attached hereto as Exhibit "A" and incorporated herein by reference are proposed Foothill Corridor interim policies which shau ld be applied to the Foothill Corridor pending completion and implementation of the Foothill Corridor Study so that development which may occur prior to completion of that study will be consistent with the planning criteria which result from the tmp lementat ion of the study. 8. Resnlut ion. NOW, THEREFORE, it hereby is found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby find, that all of the facts set forth in the Recitals,.P.art A, of this Resolution are true and correct. 2. This Commission hereby recommends that the Council of the City of Rancho Cucamonga adopt an ordinance which will provide for development in the Foothill Corridor pending completion and implementation of the Foothill Corridor Study only in accordance with the Foothill Corridor Interim Policies Which are attached to and incorporated in this Resolution as Exhibit "A". i7~ Resolution Na. r r Foothill Boulevard -~ .ter im Policies ~ Page 2 • 3. The Secretary to this Com~i s->ion shall certify ro th2 ad ~Oti rn of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF ADGUST, 1535. SSION OFD HE CITY OF RANCHO C'JCA:!0 "7GA I, Jack Lam, Secretary of the Planning Conmiss ion 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 23th day of qugust, 1965 by the following vote-to-~.vit; AYES: CO.-0MISSiONERS: RE'!PEL, BARKER, CHITIEA, G1C:I[EL, STO'Ji • NOES: C01111ISSIONERS: NO'!E ABSENT: COMMISSIONERS: NONE C~ J ~~6 ~Yc~a\pl^ CITY OF RAA'CHO CCC. 0\GA STAFF REPORT ~~ " '>. _ , .\ > ~•~' z ~~ Z _ _> i9' DATE: August 26, 1985 T0: Chairman and Members of the Planning Commission FROM: Otto Kroutil, Senior Planner 8Y: Curt Johnston, Associate Planner SUBJECT: FOO?HILL BOULEVARD CORRIDOR STUDY: [NTFR P4 POLICIES - Commission review of Interim Policies to be applied to development projects along Foothill Boulevard prior to adoption of the Foothill Boulevard Plan • I. BALKGRO UND: This report is provided as a follow-up from the u gust ~1T 1985 public hearing and Staff presention of the policies to the Chamber of Commerce Economic Development Committee last Wednesday, August 21st. The revised draft of the Interim Policies is provided based on Commission input. Comments from the Chamber of Commerce should be presented at the public hearing. A resolution recommending to the City Council adoat ion of an Ordinance containing Lhe Interim Policies is provided; however, final Planning Commission action could be deferred based on the extent of Chamber of Commerce input. In addition, the Commission should discuss the land use concerns brought up at the August 14, 1995 meeting. This report describes the corrections to the Interim Policies and outlines alternatives to deal with land uses of concern. II. REVISIONS: The revisions to the attached Interim Policies are underlined. In brief, they include the following: o Specifying the intent of site utilization maps far preliminary reviews. o Excluding subdivision maps from the one year approval period. (State law mandates a minimum two-year initial approval.) o Reongan ization and clarification of the boundaries of Master P1 ans and the intended City benefit. o Addition of a requirement for written statements indicating how a project is sensitive to the heritage of Rancho Cucamonga. ITE11 9 /~~ PLANNING COMMISSI01'~AFF REPORT Foothill Boulevard ,.;ridor Study: Interim Polisies, August 28, 1985 Page 2 r-1 L_J o Addition of a requirement for all new projects to provide stree tscape design elements consistent vi th the guidelines for Foothill Boulevard in effect at the time of development. In addition to the above, specific corrections as noted, by the Commission are indicated. III. LAfJD USES: One of the primary objectives of the Foothill Study is to provide a viable setting far a balanced mixture of residential, commercial, office, and other activities of conrnunity-wide significance. The General Commercial District, along the Foothill Corridor, is intended for activities and services of a more intensive (and less restricted) nature than a neighborhood shopping center or uses more suitable in the Industrial area. As an example, suitable uses could include a major shopping center such as Gemco, major service/recreation oriented uses such as restaurants and movie theaters, and major financial and corporate headquarters. These types of uses serve the City or the region as a whole versus providing day-to-day convenience shopping and services for the residents of an immediate neighborhood. A review • of the currently permitted and conditionally permitted land uses in the General Commercial District by the Planning Commission and Staff indicated five areas of concern as follows: Animal Care Facility with Exterior Kenne is (CUP required). Carpenter shop or Cabinet Shop (Permitted Use). Contractor Yards (Conditionally Permitted). Mini-Storage (Conditionally Permitted). Vehicular Storage and Towing Service (Conditionally Permitted.) Of particular concern would be the development of a Contractor's Yard or Vehicular Storage Yard. Both of these uses would most likely •have an adverse aesthetic impact and discourage quality development on adjoining parcels. In addition, adequate land is available for such uses in the Industrial area of the City. The Commission should discuss the areas of concern and determine if interim land use regulations are necessary, If so, Staff has identified the following alternatives: u X79 PLANNING COMMISSIOt'~jAFF REPORT Foothill Boulevard ._.ridor Study: Interim Policies August 28, 1985 Page 3 • A. Specify particular uses which should be conditionally permitted versus permitted; or B. Eliminate certain uses within the General Commercial or Office Professional Districts along Foothill Sou levard. it should be noted that through the preliminary review process the Commission does have the ability to provide applicants with commenis early in the review process. In the case of inappropriate uses on a particular site, the Commission could discourage further processing or outline stringent mitigation measures to resolve concerns. IV. RECOMMENDATION: As mentioned, the Chamber of Commerce should provide input regarding the Interim Policies at the Public Hearing. Based on the extent of their input, and the scope of land use restrictions, the Commission could: A. Adopt the attached Resolution with specific direction to Staff regarding minor revisions; or • B" Cb~~~e the Pu61 is Hearing to allow preparation of revised // 1' m Policies. Otto Krout Senior Pld OK: CJ:n Attachments • !79 1 1 u STAFF REPORT ~ 9 -~ ~. - f=em.:=~~> -°C -v:- ~_ _ L~y~ Z W ~ __-.'. r, BATE: August 14, 1985 T0: Chairman and Members of the Planning Commi ss icn FROM: Otto Kroutil, Senior Planner BY: Curt Johnston, A55oc izte Planner SUBJECT: FOOTHILL 80ULEVARO CORRIDOR STOGY: INTERIM POLiC IES - Commission review of interim policies to be applied to development projects along Foothill Boulevard prior to ad opt for of Foothill Boulevard Plan. I. BACKGROUND: This report is provided as a follow-up from the August ~ 98 orkshop. A revised draft of Che Interim Policies is provided for Commmission review. .!o formal action is requested at this time, but a hearing must be conducted to receive public input. In addition, the Chamber of Commerce Economic Development Committee will review the Interim Pclic ies next V:ednesday (Augest 21st). Planning Commission action could occur at the August 23, 1935 meeting in the form of a recommendation to the City Council for adoption of an Ordinance containing the Interim Policies. Completion of the Foothill Bcu lev and Plan will take between 12 to 18 months, depending on the scope of the study and the level of detail desired. In the interim period, however, projects will continue to be submitted for City review, including projects with no unresolvable problems. Development of some projects may be consistent with the City's long-term goal for Foothill Boulevard, and their approval desirable prior to the completion of the Foothill Boulevard Plan. In order to deal objectively with the issues and guide the decision making process in the interim period, policies need to be adopted. il. GOAL STATEMENT: An overall and general goal statement is provided for discussion purposes as a prelude to the interim policies. Since it serves zs a guide far development of the interim policies, Commission consensus wilt be required. In spite of the complexity of issues, it should 6e kept as simple and as tangible as possible. III. i"iTER R" nOLICIES: The Interim Policies have been broken down into five categories: General Requirements, Land Use Amendments, Master Plan Development, New Development, and Non-Conforming tats/Structures. To guide Lhe decision making process, Che policies must be written in a manner allowing clear interpretation of the intent. This is particularly true, given the twelve to eighteen month time frame of the Foothill Study and the number of a0 ITE>l K PLANNING COMMISSIONS 1f REPORT Foothill Blvd. Corridor Study: Interim Policies August 14, 1985 Page 2 I1 LJ applications which are pending and/or likely to be submitted. The following is an outline of each section. A. General Requirement: The policies begin with the General Requirements which cover three topics; preliminary reviews, time '.units, and compatibility. The preliminary review requirement was requested by the Plannn ing Commission and covers all new projects. The policy could be limited in scope if desirable for only certain projects, like multi-family residential and mini-warehouses. Policy A.2 establishes a one- year initial approval limit to allow re-assessment of projects soon after completion of the Foothill Study. Extensions up to the normal 4-year total could still be granted if the findings can be met. Regarding compatibility, Policy A.3 reinforces land use and design solutions currently in practice. This policy is under the General Requirements section since it applies across the board to land use, master planning, and new development. B. Land Use Rmendmen ts: As written, Policy 3.1 "discourages" eneral Plan Land Use Amendments. Two G.P.A.s, howev_r, have been submitted and will be reviewed on September 25, 1965, so • findings are provided if the Commission is in favor of a particular project. Two other options would be to not allow submittal of any amendments (i.e. moratorium), or rely on the current procedure, in which case the Commission most likely will review a greater number of application during preporation of the study. P,egarding Development District Amendments, Policy 8.2 allows adjustments of boundaries within the guidelines of the General Plan Land Use Map. This provision is intended to be a useful tool during the Master Plan process by allowing flexibility. Another area not covered, but which the Commission may wish to review is restrictions on certain land uses in the General Commerical and Office Districts. The use matrix for the Development Code is attached for your review. The intent would be to discourage low intensity uses, such as mini-warehouses, contractor's yards, second hand stores, etc. C.. Master Plan Develooment: The Master Plan requirements contained in [he interim policies are similar to those approved for, Haven Avenue. The emphasis is on problem solving, particularly in regard to strip commercial which is typl if ied by fraamen led deve loment on a lo[-by-lot basis, inconsistent in d=sign and improvements, and parking along the street scope. In addition, master planning is necessary to achieve overall City benefit and increase the efficiency of site planning with combined circulation and access, J /8~ PLANNING COMMISSION S~GF REPORT Foothill Blvd. Corrid, Study: Interim Policies August 14, 1985 Page 3 D. New Development: Archit=_ct ure and site planning is discussed in the section concerning new development. 3as is design philosophies are discussed including; building design features, architecture, pedestrian orientation, combined access, public transit and streetscape design and landscaping. The final Foothill Corridor Study will 6e mare specific in terms of design detail and dealing with special issues such a5 architectural style and stre_tscape design- At this point, the intent of the Interim Policies is to promote consistent high quality design. E. Non-Conforminq Lots/Structures: Considering the Planning Commission stressed urban design as a major issue, the adapted Foothill Plan must provide a strategy to deal with existing non-conforming lots and structures. AC this point, it is difficult to establish meaningful criteria. However, three interim policies are provided which would restrict new development on non-conforming parcels unless it is part of an overall Master Plan and lots are consolidated to meet minimum lot size and dimension requirements of the Development Code. In practice, this would be difficult to accomplish prior to completion of the Foothill Plan. Many of the small lots along Foothill Blvd. are only 750D square feet (50' x 150'), whereas . commercial and office property must 6e a minimum of 40,000 square feet (175' x 200' minimum dimensions). In addition, the Oeve lopment Code allows reduced building and landscape setbacks on non-conforming lots which Policy E.2 would override. Regarding re-design of existing buildings, Policy E.3 requires landscaping along the street frontage. Since major expenditures to a building could substantially extend its existence, the intent of the policy is to provide some consistency with current standards. As mentioned, COM'TENDATI IV. the purpose of this meeting is to ~ r ceive~pub of icie wi ~ c comments then be and additional Com;niss ion input. The re-worked and other topics covered as necess y. mal action could occur at the August 29th meeting. Otto Kroutil Senior Plant' OK:CJ:ko /gl • - CITI' OF RAKCHO CL'C: OSG:1 STAFF REPORT w c~ aip .~ ~ ~~ ~. ~.~~> '~; u' _ CCU` J 2 1,i-- DATE: August 5, !985 T0: Chairman and Members of the Planning Commission FROI1: Otto Kroutil, Senior Plan r.er BY: Curt Johnston, Associate Planner SUBJECT: FOOTN ILL BOULEVARD CORRICOR STUDY: INTERIM PO'~-IC7 ES - Comnission review of interim policies to be applied to development projects along Foothill Sou lev and prior to adoption of Foothill Sou levard Plan. BACKGROUND: This report is provided as a fallow-up from the previous meeting at which Commission reviewed the boundaries of the study area, major issues, and goals. For discussion purposes, a rough draft of the goal statement and interim policies is provided. Since this is just a workshop, no formal action is warranted, but in-depth discussion is critical. To guide the decision making process, the policies must be written in a manner allowing clear interpretation of the intent. This is particularly true, given the twelve to eighteen month time frame of the Foothill Study and the number of applications which are pending and/or likely to 6e submitted. II. GOALS STATEMENT: At the previous meeting four goals were presented relative to land use, urban design, traffic and circulation, and economic viability. At this time, an overall and general goal statement is provided for disw ss ion purposes as a prelude to the interim policies. Since it serves as a guide for development of the interim palic ies, Commission consensus will be required. In spite of the complexity of issues, it should be kept as simple and as tangible as possible. ill. INTERIM POL IC ffiS: The first draft the the interim policies has been brox en down into five categories: General Requirements, Land Use Amendments, Master Plan Development, New Development, and Non- conforming Lots/Structures. The following is an outline of each section. A. General Requirement: The policies begin with the General Requirements wnich cover three topics; preliminary reviews, time limits, and compatibility. The preliminary review requirement was requested by the Plan nn ing Commission at [he last meeting and covers all new projects. The policy could be limited in scope if desirable far only certain projects, like multi-family residential and mini-warehouses. Policy A.2 /8 ~ PLANNING COMMISSION S-~ REPORT Foothill Blvd. Corridor Study: Interim Policies August 5, 1985 Page 2 r 1 LJ establishes a one-year initial approval limit to allow re- assessment of projects soon after completion of the Foothill Study. Eztens ions up to the normal 4-year total could still be granted. Regarding compatibility, Policy A.1 reinforces land use and design solutions currently in practice. This policy is under the General Requirements section since it applies across the board to land use, master planning, and new development. B. Land Use Amendments: As written, Policy 8.1 "discourages" enera an Land Use Amendments. Two G.P.A.s, however, have been submitted and will be reviewed on Septemher 25, 1985, so findings are provided if the Commission is in favor of a particular project. Two other options would be to not allow submittal of any amendments (i. e. moratorium), or rely on the current procedure, in which case the Commission most likely will review a greater number of application during preparation of the study. Regarding Development District Amendments, Policy 6.2 allows adjustments of boundaries within the guidelines of the General Plan Land Use Map. This provision is intended to be a useful tool during the Master Plan process by allowing flexibility. Another area not covered, but which the Commission may wish to review is restrictions on certain land uses in the General Commerical and Office Districts. The use • matrix for the Oevelopment Code is attached for your review. The intent would be to discourage low intensity uses, such as mini-warehouses, contractors yards, second hanA stores, etc. ~. Master Plan Development: The Master Ptan requirements contained in the interim policies are similar to those approved for Haven Avenue. The emphasis is on problem solving, particularly in regard to strip commercial which is typlified by fragmented develoment on a lot by lot basis, inconsistent in design and improvements, and parking along the street scope. [n addition, master planning is intended to increase the efficiency of site planning with combined circulation and access. New Development: Architectural and site planning is discussed in the section concerning new development. Four basic design philosophies are highlighted including; winery-theme architecture, pedestrian orientation, combined access, and pub Tic transit. Specifying the architectural flavor is intended to prohibit projects clearly inconsistent with the community identity. However, the final Foothill Corridor Study will be more specific in terms of design detail and dealing with special areas such as Etiwanda or the vicinity of the Sycamore Inn. • /8Y PLANNING CCMMI SS ION 5"4 REPORT Foothill 81vd. Corr ido~ Study: Interim Policies ' August 5, 1985 Page 3 E. Non-Conforming lots/Structures: At the provious meeting, the Planning Commission stressed urban design as a major issue. Considering this, the adopted Foothill Plan must provide a strategy to deal with existing non-conforming lots and structures. At this point, it is difficult 'to establish meaningful criteria. However, three intzrim policies are provided which would restrict new development on non-conforming lots unless constructed as part of an overall Master Plan consistent with the Development Code. In practice, this would 6e difficult to accomplish prior to completion of the Foothill Plan. Many of the small lots along Foothill Blvd. are only 7500 square feet (50' x 150'), whereas commercial and office property must he a minimum of 40,000 square feet (175' x 200' minimum dimensions). This would necessitate that tots be combined for planning purposes to allow joint parking, access, etc. In addition, the Development Code allows reduced building and landscape setbacks on non-conforming lots which Policy E.2 would override. Regarding re-design of existing buildings, Policy E.3 requires landscaping along the street frontage. Since major expenditures to a building could substantially . extend its existence, the intent of the policy is to provide some consistency with current standards. In addition to landscaping, full street improvements including sidewalks and a lien for the median island could be added; however, the cost of these improvements could stifle any improvement efforts. IV. RECOMMENDATION: As mentioned, the attached policies are in rouoh draft and intentled for workshop discussion purposes. With input from the Commiss }on the poiic ies will be re-worked and other topics covered ry5!/lecessary. Further discussion and/or formal action cou}E~occ r t the August 14th or August 28th meetings. Respectfully~ubm to ~( 7 I' . r Otto Krautil ~,/ Senior Planner / OK:C.I:ko /8 f • CITY OF RANCHO CtiC~O\GA STAFF REPORT GATE: July 10, 1985 70: Chairman and Members of the Planning Conmiss ion FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: FOOTHILL BOULEVARD WEST STUDY .~ ~}~r~t ~~ _ ~ L~i z .. > ABSTRACT: This report is the first in a series from which the Interim Development Policies for Foothill Boulevard west will 6e developed. The topics to be discussed at this time include the boundaries of the planning area, framing of the basic issues and concerns, initial concepts far the Interim Policies, and primary planning goals. • I[. PLA!JNING AREA: The suggested boundary of the planning area ranges from the westerly city limits along Grove Avenue, east to Deer Creek Channel abutting the Haven Avenue Overlay Dfstr ict and Virginia Dare Center. The immediate vicinity of Foothill and Haven Avenue need not be included, as the area is already part of the Haven Avenue Overlay. Deer Creek appears to define a more logical easterly boundary. As sho•.an on Exh ihit "A", the depth of the study area follows the boundary of General Commercial, Office Professional, and Medium Res ider•tial property along Foothill. Also, the study area extends to the boundaries of vacant and/or developable property which may impact the corridor such as San Bernardino Road south of Foothill near Grove, the west side of Vineyard north of Foothill, and land near the intersection of Turner and Foothill. Existing single family subdivisions abutting the Foothill Corridor are excluded, though they would of course be considered in the planning process. In addition to the land west of Haven Avenue, the area along Foothill in Et iwanda has similar characteristics and could be included if the Commission feels it is appropriate. III. ISSUES/CONCERNS: The major topical areas of concern include land use, urban design, traffic and circulation and economic viability as discussed below. Land Use: The study will need to address land uses on vacant or developable properties as they relate *.o neighborhood compatibility and transition, appropriateness of a use given size, configuration and access to properties, economic viability of uses given site constraints and any unique or special problems. The result will be to reaffirm the current land use pattern or provide appropriate adjustments. IBS ITEM u PLANNING CDMMISSIC~TAFF REPORT Foothill Boulevard ..est Study July lo, 1985 Page 2 • Urban Des ign: The Foothill Boulevard corridor lacks consistency of architectural character or quality, landscaping, pavement width, and maintenance. In addition, there is a mixture of incorpatib le uses such as older single family residences and high intensity commercial. Numerous small parcels and inefficient utilization of land is also a constraint. Urban design guidelines must he provided which address the major design elemen is such as architectural style and landscape treatment for both street frontages and the median island. Traffic: The traffic issues relate to providing efficient and safe traffic flow along the corridor. The intent is Lo Calance the need far access to individual properties as well as allowing Foothill to serve as the major east/west transportation corridor through the community. Items which must be dealt with include driveway locations, local street access, and the median island configuration. Economic Viability: The shady must consider the imo act on existing . viable activities along the corridor and develop a strategy to enhance land uses along Foothill Boulevard of community-'wide s lgn if jean Ce. iV. INTER LM DEVELDPNENT/PDL IC iES: Completion of the Foothill Bou ievard Plan wil take between to 1B months, depending on the scope of the study and the level of detail desired. Both yet remain to he finalized. In the interim period, however, projects will continue to be submitted for City review, including projects with no unresolvable problems. Development of some of these projects may he consistent with the City's long-term goals for Foothill Boulevard, and their aporoval desirable prior to the comply ion of the Foothill Boulevard Flan. in order to deal objectively wit'n projects submitted in the interim period, it is suggested that the Commission adopt a set of goals for Foothill Boulevard. These goals should be relatively simple and should express in concise terms what it is that the City is trying to accomplish in the study area. Based directly on these goals, staff can develop interim policies and guidelines to give the Commission an objective means of • evaluating individual project proposals in the interim period. The intent of these interim policies would be threefold: /P7 PLANNING COMM IGSIC~TAFF REPORT Foothill Boulevard .,est Study July 10, 1985 Page 3 • To accommodate approval of development projects that are consistent with the City's long-term goals for Foothill Boulevard. Projects that fit, in the Commission's judgment, in this category would be permitted to proceed without undue delays, subject to the interim policies and the Development Code. To prevent development of projects that are clearly inconsistent with the stated long-term goals for Foothill Boulevard. 3. To postpone approval of development projects that have a significant potential of interfe rring with the stated long-term goals if approved orior to completion of the Foothill Boulevard Study. This would include those • proposals that may in some ways he interdependent with other properties in the immed fate area on access, parking, circulation, drainage, or other provisions to be addressed and resolved 6y the Foothill Plan. LONG-TERM GOALS FOR FOOTHILL BOULEVARD: The General Plan places a heavy emphasis on the ro a of Foothill Boulevard in the City. As the City's main east-west artery, it has been the historical location for a variety of relatively intense uses. The General Plan identifies in loose terms the disagregate nature of existing land uses, the heavily auto dependent commercial activities, the importance of Foothill as a traffic carrying artery, and the need to siren then the viability of existing commercial development. What is needed is a focused approach to the problems and opportunities of Foothill Boulevard. Hopefully, a clearly defined goal statement can serve as the first step in that direction and be used as the basis for development of the the interim policies itd '~ PLANNING CDMMISSIC~TAFF REPDRi ~ Foothill Boulevard ..dst Study . July 10, 1985 Page 4 J Far discussion purposes, the following goals have been outlined for the Commission's considzration: 1. Land Use: Provide a viable setting for a 6alanc ed mixture of residential and commercial activities of community-wide significance compat ih le with surrounding land uses. 2. Urh ah' n~ Establish a high quality, unifying design image w u promotes a sense of identity and reflects community heritage. 3. Traffic and Circulation: Provide for safe and efficient traffic flow and optimum vehicular and pedestrian access within the corridor. 4. Economic Viahility: Support and strengthen the continued economic viahility of the Foothill Boulevard corridor. The goals statements are intended to serve as a guide for development of the in L==rim policies. Therefore, the Commission should discuss and achieve a con=2n sus relative to these goals. It • is also important that these goals, in spite of the complexity of issues, he kept as simple and as tangible as possible. Vt. RECOMMENDATION: It is recommended that the Commission review the report and provide staff with direction in the following areas: 1. Study area boundaries; i.e. should Foothill east of I-15 6e included in the study area; 2. Response to major issue areas; and, 3. General consensus of the goals and interim policies to be used prior to completion of the plan. With appropriate direction, staff will return at a following meeting with a draft outlining goals and interim policies for the / Eommiss ionconsideration. Rd~~~~,s ubmitted, f +~ Rick ,Gomez Citvl,?lane RG: CJy'r~ • Att athmen ts: Exhibit "A" -Planning Area Boundary ~~~ • C:'i OP Rti:C:iO CCC i`!O1:Cn P,44S i. - I`:IT:AL 5^~~Y E:; tI:O:; ~;;-;L CY.ECi:..: c~ pPP•:C,::i: GTy ep rY•fnG'No C.iu•i-ronGw FiL ~C Dn:E: iArG!/ST /r-/. /9Y5~ LOC \u)68': /V~~ PP.OSEC-': ~7iNLL BWtl //trrE%/M /~oLlUES PP.O.; EC. LOCnTIC :: jCYf/jfJGL 6~'/E Te TJC~2 ~K ¢.S-!S To ~zYST .A{~. 2. E::l'd iC::."9\': ,L I:"'.~1C'S (Explanation of all "yes" and "mays e" ans»z r5 are required on actacha^_ sheets). YES `CU'FF `i0 1. Soils and ,eo to c•:. Will the pteposal have . signif is act resulcs in: a. L'nstab le grcurd condicicns ar Sn <ha ng as in geologic relationships' b. DisrupC ons, dSSpl ace~en cs, compaction or burial of the soil? L c. Change in topography or ground surface contour in cerva ls? V `_ d. The deserucc ion, covering ar modif icatlon of any unique geologic ar Physical feacur es? e. My potential increase m wind or eater erasion o£ soils, affecting eSthec on or of` lice condi:o ns? f. Changes Sn erosion sil tae Sa n, or deposit'_ao? g. Exposure of people or proper r: to geologic hazards such as ear v.quakes, landslides, mud- slides, ground failure, or similar hazards? ~ __ L h. M increase In the race of extraction and/or use of any mineral resource? __ 2. Nydra loey. Will the proposal have significant resulcs Sn: ~ ~9~ ?a qe i a. Changes in currents, or the ccuae of di.-e ¢icn • ' o£ flovinS streams, rivers, or epheceral sr: can <hanrels? __- b. Changes in absorpcica races, drainage oaccerns, or the rate and amount of surface eater runoff^ __- / c. Alterations to the cou cse or flan of flood voters? d. Change in the aaouct of surface eater in an': body of eater? e. Dis<ha rge into su t: ace va to rs, or anv alcera cion of surface vacor Gualiq:? _ L f. Alteration of groundwater cha rat :eristics? g. Change in [he quantity of groundvaters, either through direct addicio ns or clth- dravals, or eh rough lnt erf erence vi:h an aquifer.' Quail;y? Quant icyi ____ L h. The reduce ion in the amount of vats: oche:- vise available for public water sup.p li es^ i. Exposure of people or prupe ry co eater related hazards such as flondi r.g of seiches? 3. Air Ouali tv. WS11 Che proposal have significant res ults in: a. Constant or periodic air emissions fron mobile or indirect sources? / Stationary sources? - b. Deterio rat Son of ambient air quality and/or ince rference with the a[ta lrv:.enc of appll cable eir qualf ty s[andatds7 _!- C. Alteratien of local or regional clica:lc conditions, affeeeing air coverer.:, mo iscu:e or tecpera[u re? ~ ___ / 4. Bin;a Flora. Will the proposal have significant results in: a. Change in the characcerisclcs of spec Ses, Snclud ing diversity, dls trl6ution, or number of any species of planes? / b. Red ~ctfon of the numbers of any un lque, Lare or eodange red species of plants.' _~ ,y, - .-ce 1 •-c -- -~ • c. Inereduc acn a: nev or dls: cp t!•;e spe:!_s of plants la:o an area? / d. Reduc tica in the po c=_nc1a1 for agr!n:i curai prod action? Fa cr.a. Wi:. the proposal have sigv.ifl:a~: results in: a- Chang=_ in [he than ere c!Yics f o species, inc'_udiag dlversi rr d1st: lSu ;i , o^, o; nu-Se:. of any species of aaina'_s^ b. Reduce ion of [he nuahers of any unicue, rase or endang_red species of ani=als? __ c. In;r oduccion aF nev or disrup r've spe C es of am~als into an area, or result Sn a 6a r:ier [o Chc oigration or sovecsnt of animals? d. De Cerla:ac ion or removal of exis cir,g .'ish or wildlife haS ita t? 5. Pooola: io n. Will [he proposal have sign if icon: zesuics in: f • ` a. Wi:l [he proposal alter chc to ca:ioa, dis[ri- 6ucicn de , nsay, diversity, of gro.ch rate o: U:e hucan popuia[ion of an area? / G 6. Will ehe proposal affect exis sing housing, or _- create a de=and for additional housing? L 6. Socio-Scononic Factors. Will the proposal have __ sagr.i: icanc results in: a. Change Sn local or regional socio-economic charac:eristlcs, including economle or cooercial diversity, tax rate, and property values? L b. Will project costs be eqult ably dis trlhut ed among proj etc 6enef icfaries, S. e., Duyezs, " tax payers or project users? / ~. Land'Cse and Planninc Pnnsid er :c tors. Will the proposal have sign:: :cane resuits in' a. A substantial al ce rat lon of the present or planned land use of an area? -- L L. A confl ice vlch any designations, ohjectlves , po11c1es, or adopted plans of any governmental entities? -_ c. M impact upon the qulalcy or quantity of ex is clog consumptive or non-consumptive recreational apportunlcle s? / X91 -- _ G ?age .. vc •:0 • g. Transno:cation. Gill cbc proposal ha•:e signif is ant res ui cs in: a. Generation o: subs :uncial add!:!cnal ven!cu lar movement? L b. Eff eccs on existing scra_a, or demand `.,_ nev street consczuc Ctn.' G c. Ef .`eces on exis ring parki^.g `aci!!cies, or der:and for neq pa:king? _ L d. Substaniinl SWpacc upon er_s ring cranspo ra- [ion systems? v < e. Alterations to present pace: as of d.: cola- t icn or movez:eni of people and/or goods^. L f. Ale era[ ions co or effaces on present and potential va ter-be rr,e, rai'_, mass transit or air [ruff ic? ~ C g. Increases in Graf fie hazards to mo cot vehicles, bicyclists or pedes mans? _ L 9. Cultural °=sources. (Jill the prapo5al have • stgn iticanc results in: a. A disiur6 ante to the incegri:y of ar cFaeoicg lc al, pat eon[ologlcai, and/or his :o rical resources' L 10. Health, 5afecv, and Su isance Fattc; s. Hill the proposal have signif Scan[ results in: a. Crea tlon of any health hazard or potential health - - hazard? - b. Exposure of people [o po [eniial health hazards' __ c. A risk of explosion or release of hazardous subs [antes 1n the event of an accident.' _ _ L d,. M increase in the number of Snd iv Sdua is or sped as of vector or patheno genic organisms or Che exposure of people io such organises? ___ L e. Increase 1n ex!sting noise levels' _ - f. Exposure of people co po ienilally dangerous + noise levels? ~ __ L g. The ereaclon of abj eciSonable odors? _ - L' h. M increase Sn light ar glare? _ _ /97 E Page i `:0 11. Aes :b er!s. ASll the proposa. have si nl`! g a ant results Sn: . a. The obs:ruc:'_on or deg: ado:!o^ o: an•: sc erSt vista or view? ' - L b. The ire at is r. of an aes :Sr!ca 1:v offensive sire? t. A conflict with the object_:e of desi,aa eed or pocen r. a1 scenic rorridars' 12. Uci titles and public Se r:+«s. AiL :he ptc posal have a sign is-cant need for new systems, or alteracScns to the follow in g: a. Elect rit power? b. 1:a;u: al or packaged gas? _ C. Cocur.i w [ions systems? % / d. Hater supply? ~`-- e. Bastevater facilities? f. Flocd control structcres? ~ • g. Solid waste facilities? / L h• FSre protection? / /~ i. Police pro [e<tio n? / f 3. schools? - -_ / k. Parks or other recreational fa<Sliti es? __ 1. Maintenance of public facilities, including roads and flood control Facilities? _ _ m. Other gove rnoental services? 13. Cnerev and Scarce Resources, {7111 the preps sal have sign if {cant resin;s in: a. Use of substantial or eetessice fuel or ¢n¢rgy? ~ _ _ L b. Substantial inc: case Sn demand upon exis ring sources of energy? C. M increase in the demand far development of nev sources of energy? . d. M Sncrease or perpetua[!on of [he consumption of non-renewable Fors of energy, when feasible renewable eources of energy arc available? L _ ~9v _ Page 5 YES "11Y'EE y0 e. Substantial depleticn of any nonrenewable o: scarce nacv:al resource' 14. Mandatory Findiaxs of Sicaificance. a. Does the project have the pocent!a1 ca degrade the gvallty of the envimncen[, subs:ancially reduce the ha6 icar of fish or wlldl ife specres, cause a fish or uildlffe populacion to drop below self sus[aiaiag levels, the eaten co elicinace a plan[ or ar.i~al coCUn ity, re dv cc [he nuc6er or restrict the range of a rare or endangered plant ar an final or elivinate Seportan[ exan?Ies of the cajor periods of California his:ary or preh iscory? b. Does the prej ect hate the pocential to achieve short cern, [o :he disad•: ancage of lonS-[er, envirosencai goaLS? (n shore-tern ivpac[ on the environvenc is one which occurs Sn a relatively brier, de[intN ee period oY rice while long- er ivpacts will end u:e well into the future). c. Does the project have icpatts which are Snd iv idually linited, but cuoulatively rons iderable? (Cunulacively considerable , ceans [hat the increeencal effects of an • ird :v ideal project are considerable when viewed in connec non with the of Eects of past pmleca, and probable futere prof eccs). d. Does the project have environeencal effects which Gill cause substantial adverse effects on huean beings, either dizec[Ly or Sodireccly? _ II. DIS CC55ION OF E1r:IA0:iM'_'VTAL EVALCdTIO`] (i.e., of of Ei: motive answers to the above quns dons plus a discussion of proposed eitiga cion veasures). /~/oNE E l9~ 7a ce i On the basis of this S,St1a1 eva luaticn: • I find the pre?osec prof ec :.] `:0: have a sii i icon; e[:act on 1_J,: .• the env i:avent, and a " ~ DECL;.Z4I;C:: v bz Areo ~,r ec, I and iliac although the pre?esed ?reject could have a s15n:i1ca-,c I I of [ect on the env i:cr: e:::, iher~ vili not 6e a s1~-:[:ca^.; ei[ec: in this case becausz the ^itlgacien ceasu:zs desc: coed on an attached sheeC have been adde"_ co the pro; e<c. A '.~. .: _._ DEC'..„RdTIG:: WILT. BE YRE?~,°,_]. I rind the proposed ?rojeC. .°_1i have a s1.:._i :.ant ei;ecc on ;he envlc :enc, and an ~:: i3C7.`.~E':' dC: RE?C:,. Ls :ecue: ~_. Date ~~T /J, /9b'S (~ £'.~~ -~'-~ S' nna n:: c ii;1c • • ~9~ -CITY OF RAYCHO CliCA~10NG~1 ~`~K~1' STAFF REPORT ~~~,. ~~ x Z DATE: Septzmber 18, 1985 lu_- T0: City Council and City Manager FROM: U oyd 8. Hubbs, City Engineer SOBdECT: Status of Track Consolidation Request on Southern Pacific Baldwin j Park 8r anch i Attached for Council review is the executive summary on the proposed track consolidation and abandonment. In light of the recent suit at the East Avenue crossing of this line, Staff feels it appropriate to review the status of our efforts to have this line abandoned. Respectfully suhmi.tted, _% ~ / /// i j~'.G , LBH:jaa Attachment /~ 7 EXECUTIVE SUMMARY • TRACK CONSOLIDATION AND GRADE SEP,gRATION PROGRAM SECOND DISTRICT, SANTA FF RAILWAY, AND BALDWIN PARK BRANCH OP SOUTHERN P.qC Ie'iC The proposed project consists of a comprehensive grade crossing elimination and [rack consolidation program through eastern Los Angeles County and western San Bernardino County, and affecting the Cities of Pomona, Claremont, Montclair, Upland, Rancho Cucamonga, Fontana and Rialto. The A~.ct,ison, Topeka 6 Santa Fe Railway Second District Mainline, serves as a secondary freight line between San Bernardino and Los Angeles, and also carries AMTRAK. For over 25 miles through eastern Los Angeles and western San Bernardino Counties, this line is closely paralleled by the Baldwin Park Branch (B BO Line) of the Southern Pacific. The Baldwin Park Branch, a former Pacific Electric commuter line, now carries only occasional local train movement through Pomona, Montclair, Upland, and Rancho Cucamonga, operating as Ear east as Etiwanda. Portions of the Southern Pacific tlB0 Line (Baldwin Park • Branch) would be abaneoned from but not including While Avenue in [he City of La Verne to Cactus Avenue in Rialto. AEter deducting Che one-mile long section of existing joint ' trackage through Claremont, about 20 miles of Southern Pac if Lc [rack are proposed to be abandoned in two stages. Almost 60 existing or proposed Southern Pacific grade crossings and two obsolete underpasses would be eliminated. Under a trackage rights agreement, Southern Pacific [rains would operate as necessary through the several cities via the Santa Fe Second District mainline. The project presents an a%c icing opportunity to consolidate the two separate track facilities and rights-of-way of Southern Pa ciEic and Santa Fe, which traverse [he study area on parallel east-west alignments, into a single corridor. The proposed abandonment of portions of [he Southern Pacific will ge ne ra ce important environmental benefits through the elimination pf an unsightly right-of-way. Poor vertical alignments, inadequate drainage, obsolete automatic protective devices, na rcow pavements, restricted sight distances, rough pavement surfaces in the track areas, hazards to bicyclists , etc., at Southern Pacific grade crossings can all be corrected. Present rail traffic on both lines is relatively light: about 10 freight [rains and four AMTRAK [rains on the Santa Fe daily; and only one round trip of a short local freight • /9Y j Executive Summary train serving local industries on [he SP. Several miles of the Southern Pacific [tack through Fontana and Rancho Cucamonga are not presently operated. ' Associated with the track consolidation project would be construction of three new underpasses underneath the Santa Fe, a[ North Gorey Avenue, Pomona; Monte Vista Avenue, Montclair; and Sierra Avenue, Fontana. with the recent completion of the Cherry Avenue overpass by San Bernardino County, just east of the Kaiser Steel plant, these new separations would provide a total of four crossings of [he Santa Fe rail barrier which would not be subject to disruption by train movements. I Economic Benefits Along the lengths of track proposed for abandonment, there are some 34 existing crossings where the protective devices are obsolete and which would eventually have to be upgraded. only 17 crossings have modern No. 8 flashing lights or No. 9 automatic gate installations. i Only four underpasses, three in Rancho Cucamonga and one in west Fontana, exist along the trackage proposed for abandonment. Two of these, on Foothill Boulevard, are dangerously narrow and need [o be replaced. i At nine proposed future grade crossings, expensive automatic gates would need to be installed if the track remains in- place. One of these is in Montclair, three in Rancho Cucamonga, and five in Fontana. { The future expense [o maintain modern protective devices at the 55 [0 60 crossings that eventually would require automatic protection would approximate 5200,000 annually, if the J tracks remain in place. other costs will be incurred to remedy drainage deficiencies and replace inadequate or dangerous culverts, if the track ~ remains in place. The capitalized value of annual future costs required to retain the SP track in its present location, including installation and maintenance of new automatic protective devices, maintenance of existing rail and track structure, - maintenance of crossing wearing surfaces, and remedial work I to correct drainage deficiencies, etc., would app coYimate 53.6 million, with another 57.2 million required to replace the { two dangerously narrow SP underpasses on Foothill Boulevard. 2 /99 Executive Summary [rain serving local industries on the SP. Several miles of [he Southern Pacific track through Fontana and Rancho Cucamonga are not presently operated. Associated with the track consolidation project would be construction of three new underpasses underneath [he Santa Fe, at North Garey Avenue, Pomona; Monte Vista Avenue, Montclair; and Sierra Avenue, Fontana. With the recent completion of the Cherry Avenue Overpass by San Bernardino County, just east of [he Kaiser Steel plant, these new separations would provide a total of four crossings of the Santa Fe rail barrier which would not be subject to disruption by train movements. Economic eenef its Along [he lengths of track proposed for abandonment, there are some 33 ezisting crossings where the protective devices are obsolete and which would eventually have to be upgraded. y Onl/ 17 crossings have modern No. 8 flashing lights or No. 9 +~ automatic gate installations. Only four unde cpasses, three in Rancho Cucamonga and one in west Fontana, exist along the trackage proposed for abandonment. Two of these, on Foothill Boulevard, are dangerously narrow and need to be replaced. At nine proposed future grade crossings, expensive automatic gates would need to be installed if [he track remains in- place. Une of these is in Montclair, three in Rancho Cucamonga, and five in Fontana. The future expense to maintain modern protective devices at 7 the SS to 60 crossinys that eventually would require automatic i protection would approximate 5200,000 annually, if the tracks remain in place. other costs will be incurred to remedy drainage deficiencies and replace inadequate or dangerous culverts, if the track r remains in place. / The capitalized value of annual future costs required to retain the SP track in its present location, including installation and maintenance of new automatic protective devices, maintenance of existing rail and track structure, maintenance of crossing wearing surfaces, and remedial work to correct drainage deficiencies, etc., would approximate 53.6 million, with another 57.2 million required to replace the two dangerously narrow SP underpasses on Foothill Boulevard. • • • boo Executive Summary The total potential economic bene£iis of track removal to the local agencies and Co <he railroads -- conservately estimated aC between 515 and S2g million -- clearly outweigh by far any economic losses. The consolidation project should proceed without awaiting the outcome of the Southern Pacific-Santa Fe Merger Application now pending before the U.S. Interstate Commerce Commission (ICC). In fact, there are several near term pub Lic improvements planned along the SP line. If decisio r.s can 6e made at an early dale with respect to [rack abandonment, a substantial expenditure of puSlic funds can be saved. These improvements include: • Benson Avenue -- widening • Arrow Highway -- improvement to existing grade crossing • Archibald Avenue -- must be widened; existing protective ' devices now project into the shoulder area on each side _ of Che street. - • Milliken Avenue -- proposed grade crossing -- • Day Creek and Etiwanda Creek -- proposed Flood Control District or Corps of Engineer projects, which prooably will involve new and costly drainage structures underneath the railroad. Since the overall Eeas ibility of the compre he n5 ive 22-mile track consolidation program is still being evaluated by the railroads, and since existing or potential future industrial shippers may require Short sections of track Co be retained in selected areas, the four segments of the overall icack consolidation program can each be considered as individual feasible proposals. Each segment can be evaluated separately on its own merits; and each can be implemented without ~~ necessarily requiring the others to proceed. Capacity of Santa Ee Track to Handle SP Nove menu Concerns have been expressed by railroad officials regarding the effect of adding Southern Pacific switching movements to Santa ee traffic, and the possible adverse impact on track capacity along its Second District. It appears [hat the only portion of the Santa Fe line which would be subjected to additional SP traEEic is that segment be rween White Avenue, Pomona: and Grove Avenue, Upland. The additional SP traffic would consist of not more than one local round trip per day. In our opinion, the Santa Fe tine has adequate capacity to accommodate this additional round trip. • 3 a0+ Executive Summary Existing Shippers and Receivers • A field survey was made of industries which are now served directly 6y Southern Pacific. To minimize loss of rail business, we recommend that certain short sections of existing SP trackage be left in place, or tracks be reconnected to the Santa Fe, so that all existing SP customers from white Avenue in Pomona to Amethyst Avenue in the Alta Loma area of Rancho Cucamonga will continue to be served by rail, at least for another two to three years. Only two existing shippers, HsM Wholesale Lumber and Ponderosa Lumber, both in the Etiwanda area of Rancho Cucamonga, would not have direct rail access in the "after" condition. Representatives of the City of Rancho Cucamonga stated [hat they plan to explore procedures whereby one or both of these customers might be relocated to a new site served by rail. Southern Pacific has no customers on its line through Fontana at the oresent time. Potential Eor Future Rail-Oriented Industries Along the Baldwin Park Branch Zoning maps were obtained from [he Planning Departments of the several cities participating in this study. Zoning and land use information was [hen transferred onto strip maps, • oriented to follow [he railroad corridors. The following situation arplies [o [he several cities: 1. City of Pomona. Several score acres of industrial zoned property abut the Southern Pacific-Santa Fe corridor. Areas on the south side of the Southern Pacific could continue as potential industrial sites for Southern Pacific customers under the recommended Joint Trackage Agreement. 2. Montclair, Upland, Rancho Cucamonga. Land uses along Che Southern Pacific Baldwin Pack Branch are now, or are zoned to be, almost entirely residential, retail, or commercial, none of which offers the potential for generati~:g new rail customers. Isolated pockets of existing rail-oriented industry are located in Claremont, at the Los Angeles-San Bernardino County line, and in the east Upland-Alta Loma area. These poc!ce[s would not be disrupted under the initial stage of the proposed track consolidation plan, as existing rail spurs would ® be retained. • 4 ~°'" Executive Summary Po teneial industrial sites adjacent to the Southern Pacific through Claremont and Montclair near the Los Angeles County line, would continue to be served in the "after" condition from the Santa Fe Railway, which immediately parallels and is directly adjacent to the SP, Since zoning through the Cities of Upland and Rancho Cucamonga along the Southern Pacific corridor is almost entirely residential or commercial, and only a few parcels are zoned for industrial use, it appears there is little opportunity for future rail oriented industries to locate along the Southern Pacific, 3, Fontana. Other than foz large vacant parcels in the .. northwest corner of the City, there is very little potential for rai2-oriented business for SP in Fontana, Thousands of acres of industrial zoned property lie adjacent ' to the Santa Fe mainline, as well as along the Southern _ Pacific mainline which traverses downtown Ontario and Pomona. The total area of vacant land zoned for industrial use along these two more southerly corridors appears [o be far in excess of any near term demand. Pinancinn Capital costs required to implement the Dasic track consolida- tion protect would consist of the following elements: ApOLOX. Cost Pomona SecmenG Track connections and signal protection, Pomona area North Garey Avenue Underpass at AT6SF Rwy, Pomona Subtotal i i Montclair-Uoland-Rancho Cucamonga Segment Monte Vista Avenue Underpass at AT6SF Rwy, Montclair (single track)' 5 150,000 5 3,700,000 5 3,950,000 $ 1,455,000 Track connection and new grade 5 1,095,000 crossings near Groc~e Avenue, Co provide substitute access to 9oyd Lumber Company, Upland (and on interim basis, to American Can Plastic Products, Alta Loma) Subtotal 5 2,740,000 5 X03 r r I Fontana Secment Optional 1260' track connection from No. end Santa Fe Lime Avenue spur to SP track on Foothill Blvd. Underpass (1260 x 550) Sierra Avenue Underpass at AT65F Rwy, Fontana, Double Track Optional 760 ft. track connection from Santa Fe Cactus Avenue spur [o Southern Pacific at Cactus Avenue, Rialto (76U z SO + 576K grade crossing relocation) Subtotal Remo•~al of 45 existing grade crossings "Note: Add approximately 5300,000 if double track underpass required. Executive Summary • S 65,000 S 2,860,000 S 115,000 S 3,040,000 900,000 TOTAL 510,530,000 Funding for [he comprehensive track consolidation and grade • separation proyram would be derived Eton a conoination of California Grade Separation funds, Section 2U3 Federal Highway Sa Eety Act funds, contributions Erom the railroads, antl local city gas tax funds. " 6 ~,oy BENEFITS Grace Ccossinr, antl Track Nain[enance i Siy^nif leant oeneEits would accrue to Southern 4ac if is ant 1 the public through conc_nerating all train movements into a single corridor. Tangible savings would be realized in the cost of maintaining existing trackage, grade crossings, and autor„atic pretec a on on the segments of the S? track. abandane d. 1 To estimate potential savings from elimination of retired t: ackage, we reviewed a series of ICC apolicaCion5 to abandon several branch lines, filed in 19"!2 and 1973, The base annual rest savings of the several lines analyzed averaged i 52,322 per mile. Considering inflation during the 12 years Eoilowirty Chest ICC applications, a base annual cost of maintenance of approximately 55,000 per mile for the ealtlwin Park branch woula nova appear reasonable. To the foregoing must be added the cost of maintenance of public street grade crossings, including roadway surface, gates or ocher warning devices. In 1975, the cost of grade crossing maintenance in Northern California averaged Sa ,UH/track foot/per year. A cost of about 53,000 per year Eor a typical yrade crossing grade installation now appears more realistic, based on rFC_nt inEor:na cion from other sources, with an additional Sa,5U0 per y°-ar to maintain the planks or the surface of other types of crossings at each street. In case i of of the Bal.win Park Branch, the crossing maintenance estimate 3 may be somewhat overstated becaase o£ the very light rail traffic. The costs of the maintenance of the automatic warning devices at grade crossings -- wigwags, flashing lights, and Standard No. 9 yate and flashing light assemblies -- are shared be<ween Che railroad and public agencies, with the cost division being a function of the date that the automatic devices were installed. The expense of physical maintenance of automatic crossing devices installed subsequent to 1965 is billed by the railroad to the respective cities, which in turn are reimbursed from the Grade Crossing Maintenance account administered by the California Public Utilities Commission. The afoceme olio nod amounts ace provided Eor under Section 1231.1 of Che Stre_ts and Hia hwavs Cade, which sets aside Sl mil/inn per year from <he Highway Users Tax Fund (gas Cax) Co Public Utilities Commission. Zn other words, the cost of maintenance of these crossings is borne by the taxpayer. Accordingly, it is impractical to segregate the relative savings applicable to the railroads to [he individual public agencies, and Co the State gas tax Eu nd. 31 ~ A~>' 9enefits 1 we have also included estimates of the cost for maintaining • automatic signal insta'_lations at future grade crossings, which eventually would be required if the Southern Pacific track is not removed. Annual railroad-related benefits could approximate the following: Annual Maintenance test • Maintenance of 19 miles branch track at S 95,000 yS,U UO per year/mile • Maintenance of 17 grade crossings where 75,000 automatic warning devices or gates are now in-place, at 54,500 per year/crossing • Maintenance of 41 existing or future crossings 123 ,OUO which are candidates for installation of modern warning tlevices, a[ 53,000 each per year. • Maintenance of wearing surfaces at 51 grade 61,500 crossings, at 51,500/crossing (disregarding approximately lU primitive cross inysl Total S35b,uUU:'year •t \e,aC Term flC neflt5 i There are several near-Germ public improvements planned along the s SP line. I: decisions can be made at an early date with respect to [he track abandenr,.e nt, a substantial expenditu ce of public funds can be saved almost immediately. These improvements include: • Benson Avenue - widening • Arrow Route - improvement to existing grade crossing • Archibald Avenue - must be widened; existing protective devices now pro,ect into the shoulder area on each side of the street • Milliken Avenue - proposed grade crossiny • Day Creek and Etiwanda Creek - proposed Flood ConGCOl District or Corps of Eny :veer projects, which probably will involve new and costly drainage structures underneath the railroad • 32 ~6G Benefits POTENTIAL CAPITAL INVESTMENTS AND FUTURE MAINTENANCE COSTS REQUIRED TO CORRECT CROSSING ANO UNDERPASS OEFTCTENCZE5 ALONG SPTCO 3ALDtJIN PARR BRANCH (If Track Remains) Capital Costs Replace obsolete earning devices at 34 grade 5 d,3 million crossings Install modern warning devices at 7 future grade 0.7 million crossings Incremental costs requ iretl to install planned storm 0.2 million drainage improvements Because of presence of railroad at Turner (Hermosa) Avenue ~~ Allowance for increased cost to install future 2.5 million utilities and drainage improvements aC other streets and flood control channels (approximates) Replace substandard narrow underpasses l2) on 7.2 million Foothill Boulevard _ Present wortR of future annual grade crossing and 3.6 million track maintenance costs, as itemized above, at - $356,000 year at l0a Total 513.5 million • Miscellaneous Benef ics Resu ltinn free Elimination of Tracks and Grade COSTS inns Other significant benefits would accrue to the several Cities and the <uo carriers [hrouyh concentratiny all train movements into a single corridor. Specifically: Noise will be reduced. Although rail activity on the SP line is minimal, there is a definite noise nuisance from the operation of locomotive air warniny horns. The blichtino effects of [he SP Crack on existing and planned residential neighborhoods along the existing unsightly riph<-o£-way will be eliminated. The present SP rail corridor will no longer separate neighborhoods and school districts. Safety Eor school children will be enhanced. For those residential parcels of land adversely affected Dy proximity to railroad tracks, accessibility and market values should be improved. 2 c7 CITY OF RANCHO CUCAMONGA STAFF REPORT Da tP: Sep tembeY 13, 19P5 To: City Cnuroi] end rife ma naoer From: Pill po11PV, nirertnr, Crmmun ltv Servi res Dena rfinent PVhje ct: CpC arpl'C:p rRFm"' FFrocnm Inn: Pnr~TmC^ RBCF.I PT AHD REV7 E{J OF FEDFR Al, R7D RESUi~TS It ie staff's [egcm me nAa ti nn that Ci tv Covrnil rPrommenA to the r,R, arty Corps of Engineers tha[ a construction contract he awarded to the lmwest res po nsihle FiddPr, Re ado Company of Fanta ana, ra liforni.a, far the ^Aa se Schedule" improvements of the Cucamonga Creek Pecreation Project in ehP aronrt of 5323, 4aR, that fi.gare to he shared enually by the City of Ranrho Cucamonga and the 0.5. Army Corps of Engineers. NPCKGFOUNn: The rerps tea uesreA that bids bP submitted fcr this project in nul time parts, that is, a "base schedule" of Smpr ovemen ts, which covered all prcject cur Ponen to frrm the lTr. amcnga/pPmens rgnflu once nor thw»rd, and five "additives" that in separate component parts covezed the rest of the prr+PC r, .cou thw»rd th rough rreeksidP Park, mho tease schPdnle tnge thPr with the ad Ai ti yes comprise thr. "total project". TOP Corns had estimated the cpnstnlc ti nn cost for the tote ). nrnjPgr at S?00,095. They were off significantly in their total proiect estimate with kids tanning frcm SgRt ,f r0 en St,af 3,Onn. Addittona] federal Fnrdirq rn that which has already bean approp[ieted is not ava Slahle tp make up the addi ri oral S1Pn,n 00. Therefore, the total proiect ra nnot he awarded. The hale schedule of improvement hills, howP Vet, fell within the tans t[uction hod 4r f. ranni art Frcm 5373, 44P ro se9c,Onn. (7t is signif ira nr to ante that included within the baFP schefiilP of improvements are 3 major hrid pe ~yF toms which are interval to the rnnstrucripn of Rerltace ParY.). The Cntps erred in my iudgment in cenpi liar. of the schedule of additivev thrnu ate ccr ro]iTa ri nn rrn many Pea tares in altPrna to +1n.i The hid results far this alternate sop po rt this contention ra nq ing from 550F,400 to sh7o,aon. Foweve r, the Corps has peen moat recertivP rg ouz rigge9ti nna nn how to serve as much gf the project as pons ihle. This is teeing agcomplished by dividing what was alternafn Ito. 1 into pieces and rehiddinq ir, immedla to lv, insuring that the toms ini nq federal funds ere not lost on September 30, which is thr end of the f=Ae ra] fiscal year. ~Op _ _ mhe on vi ous, in revi ewi nn the hid results, is *hat ('reekaide nark canner he constructed with [he funds that are currently available. It will have to _ ha done at some future date by the oily nnila to ra llV. (All thinve considered, this may be preferable bosh ficancielly and lonis ticallv). we will Fe retvr ni na to you within c0 Aayc nn the results of the second hid procedure, which covers as a base schedule if improvements, the 19th street and Pase i,ine unAerpasses and an additive eE all. bicycle and trail improvements from the eonflue nce to the south side of the Pase Line undemass. I£ von have any mrestinns or wish Wore detail en this pr oiect than cove reA within this 'overview', please Eeel free to contact me at your convenience. Tha nv You. cc: nark Deve lnpment rommi ssicn ~~ $ ~ /~ ~tusr~ tir `'~~ ,~' CITY OF RANCHO CUCAMONGA s~~ ~ N.prc Jon U. 311nf~5 _ L ~i'T In.nnlTr~M, {i z -' rhnrn•.tltngn•w .1.•R.~. Amc ~?rT R~<n:~ra>I. u,m rnm.u~i. n'd~.nl September 6, 1985 A1rs. Marsha Banks Vice chain Historic Preservation Commission P. O. Box 278 Upland, CA 91786 Dear Mrs. Banks: The Community Development Director has shared with me your conversation with him about the efforts of the Historic Preservation Commission and the idea of strengthening the documentation of the community's historic resources. • I concur with this need and intend to bring up this matter at the September 18, 1985 Cify Council meeting to consider what assistance the Council can provide to further this effort. I wish to invite you and your fellow Commission members to attend this meeting to provide any input to this discussion. A comprehensive catalog and documentation of historical resources is a vital foundation to both preservation efforts and providing important information for the review of any development programs that might affect these resources. This would also heighten the awareness of and the appreciation for these resources. 1 look forward to seeing you and other members of }he Historic Preservation Commission at the September 18th meeting. Sincerely, Jon Mikels Mayor cc: Melicent Arner, Chair Historic Preservation Commission Lauren Wasserman, City ,'Manager Bill Holley, Director Community Services Jack Lam, Director Community Development • ao9 f370 BASELINE ROAD,9NTEC • PoST OFFICE BO%807 • RANG N01'CCA910NGA, CALIFORNIA 81780 • (71q 989.1931 CITY OF RANCHO CUCAMONGA STAFF REPORT l J DATE; T0: FROH: SUBJECT: • September 18, I98S City Council Lauren M. Nasaermen City Manager ~[~(J GL~'1'lO,yC L 9 z f y Ir F F_ ~ ~Z !D s 19ii I Appropriation of Funds for Cataloging Niatoxie al Po lots of Interest and Landmarks Mayor Nikela has asked [be City Menagez to determine a source of funds if the Council wishes to appropriate those funds for the Aia for ical Preservation Com-- misaion Co catalog City hint or ical points of interest and landmarks. Since the Nietor is Preaervat ion Commission ie cl oeely inter wined with the Communi [y Ser- vices Department, it ie suggested that £unde be appr oprieted from the contin- gency account to Community Servic ee Account Number 01-4532-6028 for Chis pur- pose. It will be the responaibl ity of the Director of Community Services to supervise the project and accowt Eor £unde which are expended for the c etalog ing of hint or ical monuments and landmark e. The City will benefit from the project; par[icul arly, because ve will Lave an accurate listing end recordation of Lief or is al monument e. landmarks, and points of iaterea t. In that vey, we feel that there will be better coordina[iom be- tween departments, particularly, ae pare Donal [urnwer occurs and memories E ed e. AECOMNENDATION: I[ ie recommended that iE the City Council wishes [o proceed with [he cata7 oging project, funds be tranaf erred from the contimgen<y account in an amount not to exceed $9,500 to Community Services Account Number 01-4532-6028. LNN :b as NOTE: This is a corrected page 210 of the 9-18-85 Agenda. The amount was reduced from $15,000 to 89,500. acv CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: September IB, 1985 • T0: City Council FROM: Beverly A. Authel et City Clerk SOH SECT: Appointment of Hie[or icel Pr eaervetion Commissioner ~~cA.MO,~ 9 Y.i , :~ _ z io-- I At the August 21st City Council meeting, it vas announced that there vas a va- cancy on the Nie for i< Pr eeerva[ion Commission and that ep pl is ationa would be accepted through September 11, 1985. Only one appl is a[ion has been received which ie attached for your conaidera- cion. ba /~