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HomeMy WebLinkAbout1985/04/17 - Agenda PacketGG CiCA.Np~ 2~ 'n • ~ c > s i r 0 O A r Z r ~ ~ t9n Q~ ~ RANC}IO (-l1CAh10NGA C~IrT~Y~T COUNCIL Ikl~l N I~ Li one Park Community Center 9161 6aee Line Road Rancho Cucamonga, California April 17 1985 - 7:30 p.m. All iteO wbmi[ted for [he Ciq Comacil Agenda mnat be is arzitiag. the deadlim for amhmitting thane iteu i• 5:00 p.m. w the Vedaeadq prior to the weetiag. the Ciq Clert's Office recei~ea all sash items. 1. CALL t0 OgDEI • A. Pledge of Allegiance to Flag. B. Roll Call: Nright Bupue[ _, Mikele _, Oehl i, and Ring _ C. Approval of Ninutea: Pebruaty 20, 1985 Narch 20, 1985 April 3, 1985 2 Ap00VC14~T8/Pg68A'PAIIOgS A. Thursday, April 18, 1985, 7:30 p.m. - PARR DEVRLOPMENT CONNISSION, Lions Park Communi [y Center. H. Nedaeaday, April 24, 1985, 7:00 p.m. - PLANNING COlOfIS SIGN, Li one Park Community Center. 0. Thursday, April 25, 1985, 1:30 p.m. - ADVISORY COMMIS SIGN, Library Conference Room. D. Preaentati on of Proclamation co®ending Steve Nheatley for hie contributions to the Alta Lome Plood Control Chenne 1. City Council Agenda -2- April 17, 1985 • 3 COMSAT CAL6IDAY TAe Follaming Conant Calendar ittas are espeeted to be routine avd nom-contromeraial. The) mill be acted upon b) the Comeil at one tine mithont diarnu ion. A. Approval of Narranta, Begieter No'e. 85-04-17 and 1 Payroll ending 3/31/85 for the total amount of 87 9, 021.46 . 8. Alcoholic Beverage Application No. AB 85-06 for Off 7 Sale Beer A Nine Eating Place License, Shaban H. Raboud, 9124 Foothill Boulevard. C. Fozvard Claim (CL BS-11) aga iss[ [he Ci[y by Ray E. 8 Guth, auCO accident on December 25, 1984, 00 19th Street. D. Fotvard Glaim (CL 85-12) against the City by James L. 10 Desson, claim for indemnity (See CL 84-14). E. Ee lease of Bonds: 7th S[ree[ •t Center - Over, California Piniehed 19 Metals, Inc. • Release: Faithful Performance Bond $34,000.00 Parcel Mao 8280 -Located at [he southeast corner of Hellman Avenue and Arrov; caner, IntezNetro Industries Corporation. Accept: Maintenance Guarantee eopd $ 9,615.00 fteleaee: Pa i[bful Performance Bond $96,150.00 Parcel Mao 7061-1 - Lonated ens[ of Cleveland and south of 6th Street; over, Reiser Development Company. fteleeae: Monumentati on Bosd $ 1,650.00 City Council Agenda -3- April 17, 19b5 FESOLUTION N0. 85-117 __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CDCAMONGA, CALIFORNIA, ACCEPTING TFIE PUBLIC IMPROVEMENTS FOR 7TR STREET AT CENTER AND AOTRORI2ING THE FILING OF A NOTICE OF COMPLETION FOR THE WORR RESOLUTION N0. 85-118 _. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TlIE PUBLLC IMPROVEMENTS FOR PARCEL MAP 8280 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORR F. Approval of Engineering Services Contract Change Order -? No. 3 for Archibald Avenue Reconstruction end Overlay between 4th Street and Baseline Roed. The total amount for [he contract increase is $10,400.00 G. Approval of award of contract for the construction of a Traffic Si gnel at 6th Street and Archibald Avenue [o the lwest, respone ible bidder, Anal i[e Corporation for • the bid amount of $66,000.00 plus IOS contingency for $72,600.00 to be funded from Systems Development and/or Gae Tax funds. H. Approval that the Engineering Design Services Agreement 29 for the purpose of preparing a prelim rnary design report for Grove Avenue Rehabili[a tion, Widening d Signal Modif ica[ione from 8th Street [o Foothill Boulevard be completed by L. A. Wainscot[ A Aaeacia[ea, for the amount of $13,100.00. I. Approval of professional services for aoi le and it materials [eating for Alta Loma Storm Drain Channel (Assessment District 84-2) with Pioneer Consultants for an amount no[ to exceed $50,000.00. J. Approval of Construction Scaking Agreement £or AI[a LO Loma Storm Drain Channel (Ae easement District 84-2) with Aae ociated Engineers for an amount not to exceed 575,000.00 K. Approval to close certain Trust Accouo to and transfer ~~ other Trust Acc ounce to the Cene zal Pund. L. Approval [o release 52500.00 cash deposit to William 55 Lyoo Company for model home sales office, permit SRC-038. City Council Agenda -4- April 17, 1985 • H. Appr wal to appropr is re $5,902.00 for 6u ilding 56 modifications, to alloy completion of facility improvements in city offices unit 9330 A-E Base Line. N. Approval of Agreement be [weep the City of Rancho 59 Cucamonga and the County of San Bernardino for the recreational use of [he Cucamonga Creek end Demens Creek Flood Control right of veye. 0. Appr oval of execution of Owner Par[i tips [io¢ Agreement 85 85-01, by and be [weep the Ci [y of Rancho Cucamonga and Kanter and Poothill Property in relation to a posaiSle aeseaement dietr icC for off-si [e imprw emen[e for the dev elopmen[ of a commercial project. P. Set public Searing for May 1, 1985, for appeal of Planning Commission de ci eion apprw ing Environmental AB easement and Teneative Tract 10349, Ana tel. Q. Sec public hearing for May 1, 1985, for Environmental As easement and Terra Vista Development Plan Amendment 85-03, to change hospital loco Lion, Lewis. R. Bet public 6ea ring for May 15, 1985, for appeal by Video Zone of the Planning Commission's interprets [i on • of the Sign Ordinance and direction [o proceed with enforcement after a [en day time period in which to comely. 4. ADVRQ7ISGD PHBLIC NEAlI11GS A. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 85-01 - 105 TAC DEVELOPMENT - The development of a senior citizen housing project totaling 168 apartment unite on 4.75 scree of lead i^ [he Medium Residential Die[r ict (proposed High Residen[i al/Seni oc Housing Overlay Die tr ict) to 6e located on the wee[ aide of Amethyst, north of 19th Street - APN 201-332-24. RESOLUTION N0. 85-119 117 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONCA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 85-01 LOCATED ON THE WEBT SIDE OF AMETHYST, NOR1A OP 19TH STREET, IN THE NIGH REEI DENTIAL DISTRICT City Council Agenda -5- Ap ri1 17, 1985 B, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT 1'_0 AMENDMENT 85-01 - TAC DEVELOPMENT - A Development District Amendment from Medium Reaide¢tial (4-14 du /a c) to High Reaiden[i al (24-30 du/ac) and Senior Housing Overlay District for a aeni cr citizen apartment project on 4.75 acr ee of land located on the west aide of Ame chys t, north of 19th Street - APN 201-232-24. OADIN ANCE N0. 255 (second reading) 123 AN ORDINANCE OF TAE CITY COIINCIL OF TAE CITY OF RANCAO CUCAMONGA, CALIFORNIA, REZON TNG ASSESSOR'S PARCEL NUF(BER 201-232-24 LOCATED ON TEE NEST SIDE OF AMETHYST, NORTA OF 19TH STREET, FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL AND SENIOR HORSING OVERLAY C, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - l2+ TAC DEVELOPMENT - A Development Agreement be [weep [he City of Rancho Cucamonga and TAC Development Corporation regarding a Senior Citizen hoes ing project [o be located on the west aide of Amethyst, north of 19th Scree[ - APN 201-232-24. ORDINANCE N0. 256 (second reading) 13S • AN ORDINANCE OF TILE CkTY COUNCIL OF THE CITY OP RANCHO CUCANONGA, CALIFORNIA, APPROVING A DEVELOPMENT ACREEt1ENT BETNEEN THE CITY OF RAN CNO CUCAMONCA AND TAC DEVELOPMENT CORPORATION D. COMMUNITY OEVELOYMENT BLOCK GRANT APPLICATION FISCAL !s0 YEAR 1985/86 - FINAL STATEMENT OF CO[RIUNITY OEJECTIVES- Conaideration of Final Statement of Community Obj eetives for the 1985/86 Community Development Block Gr ani Program. RESOLUTION N0. 85-120 142 A RESOLUTION OP THE CITY COUNCIL OF TAE CITY OF RANCAO CDCAMONGA, CALIFORNIA, ADOPTING THE FINAL STATEMENT OF COMMUNITY OBJECTIVES AND SELECT TNG PROJECTS FOR FUNDING POA TAE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1985/86 E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 155 85-01 - M amendment to the Rancho Cucamonga Dev el opmen[ Cade, Title 17 of the Municipal Code, regarding Meeter Plane. City Council Agenda -6- April 17, 1985 ORDINANCE N0. 259 (fire[ reading) 158 AN ORDINANCE OF TAE CITY COUNCIL OF THE CITY CF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, SECTION 17,20.030 OF THE MUNICIPAL CODE, REGARDING MASTER PLAN REQUIREMENTS P. NON-ERCLUSI VE FRANC RISES TO OPERATE CAELE TELEyISION :71 BYSTEMS IN THE CITY OF RANCHO CDCAMONCA - The City Council will he conaideri ng granting three non-exclusive franchises co operate CATS syeteme in Rancho Cucamonga [o Scott Communica bone, DCA Cabl ev ie ion, and Danie le 6 Aeaociatea, Inc. G. ORDERING THE MORR IN CONNECTION WITH ANNERATION N0. 9 ~S+ TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 POR TRACT NOS. 12362. 12621, 12091, 11781, 11625, 12525. 12740. 12741, AND 12772-1 AND ANNERATION N0. 7 TO STREET LLCRTING MAINTENANCE DISTRICT N0. 1 FOR TRACT NOS. 12621. 12772-1. 12525. 12739. 12740 AND 12471 RESOLUTION N0. 85-121 J07 A RESOLUTION OF THE CITY COUNCIL OP TAE CITY • OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WI TN ANNERATION N0. 9 TO STREET LIG HTINC MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12362, 12621, 12091, 11781, 11625, 12525, 12739, :2740, 12741 AND 12772-1 RESOLUTION N0. 85-122 711 A RESOLUTION OF THE CITY CODNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING TAE WORK IN CONNECTION WITH ANNERATION N0. 7 TO STREET LICATING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING TAE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12621, 12772-1, 12525, 12739, 12740 AND 12141 H. ORDERING THE WORR IN CONNECTION WITH ANNERATION N0. 22 312 FOR TRACT NOS. 12525. 12539. 12540. 12541. 11781. 12772-1. 12621, 11625. 12362 AND 9539 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 City Council Agenda -7- April 17, 1985 • RESOLUTION NO. 85-123 33^_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CIICANONGA, CALIFORNIA, ORDERING THE NDRK IN CONNECTION NITH ANNERATION N0. 22 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPOftT FOR TRACT NOS. 12525, 12539, 12540, 12541, 11781, 12772-1, 12621, 11625, 12362 AND 9539 5. NON-ADVNNTISED BBdNING3 A. ORDINANCE PERTAINING TO TEE CONSUMPTION OF ALCOHOLIC BEVERAGES IN POHLIC PLACES ORDINANCE N0. 257 (second read.ng) 333 AN ORDINANCE OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ADDING A NEN CHAPTER 9.16 TO TITLE 9 OF TAE RANCHO CUCANONGA MUNICIPAL CODE PERTAINING TO THE CONSllNPTION OF ALCOHOLIC BEVERAGES IN PUBLIC • PLACES B. ORDINANCE REGULATING THE USE OP ALCOHOLIC BEVERAGES IN CITY PARRS ORDINANCE N0. 258 (second reading) .334 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AMENDING SECTION 12.04.01 OB OP CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGULATING THE USE OP ALCOHOLIC BEVERAGES IN CITY PARKS C. ORDINANCE ADJUSTING CITY COUNCIL SALARIE3 - Eff ec[ive 335 November 1986, after next municipal election. ORDINANCE N0. 260 (firs[ reading) 378 AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIAN AMENDING CHAPTER 2.16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND iflEREBY ADJUSTING COMPEN RATION FOR MEMBERS OF THE CITY COUNCIL Ci [y Couvcil Agenda -B- April 17, 1985 • 6. CITS NAlhGEI'S STAFF RHPORTS A. CONSIDERATION OP TASR FORCE FINDING ON AMBDLANCE 340 SERVICES - Cov[i ~Ued to Hay 1, 1985 meeting. B. REOOEST FROM AMERICAN YOUTH SOCCER ORGANIZATION POR 3+1 PARTICIPATION IN DEVELOPMENT OF REMAINDER OF BEAYL PARR C, AOVLSORY COMMISSION'S RECOMMENDATIONS REGARDING 317 CAMPAIGN FINANCING pOR CITY ELECTIONS D. LANG USE RECOMMENDATIONS BY ADVISORY COMMISSION 345 1. coascll. syslNSSs A. APPOINTMENTS ON HISTORIC PRESERVATION COMMISSION AND 347 PARR DEVELOPMENT COMMISSION 8. ADJOHRI!®T • NwtinQ rtdjma~nd in ~~ory of 8m+y LaNha•, BuiZdiny Zup~ctor, rho pauad away on Monday, Aprit 8, 1985. 4 • a I 1 1 Y 1 1 i 1 1 j.. •: J I 1 1 I i 4 I ~. I _ 1 u 1 u . 1 i ~, I y I 1 {. 1 1 1 ~1 1 1 1 1 L 1 [ w I 1 1 J 1 ~ v . O~'~C'rv F~pol Grv.COmc -.c6\C. -1 -. I yi O C O LL. .-~ e, V .. D O G Y Y. L • OGG.! S Vry U mC r JJGU `f .. NCOO, V ~ ' 61 ~ u\ _ .. 4, .wpPG _ NBC C ~ d. 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AMICANL SIGN NEFF .. ... .............. __ __ ____ AMIICATION 1Y iRANf~1~OR u sr.rf of <AOwpN1A cn,nq a..._ ........................._-_._wb.......................... ~ . - :~' . _.~ " a , . . m _ ~•' +F • • r 16 Nama.l d l:onnan I) Ye:wb•M.I el l«muarl le L[mn N.mW Gp Nd FVrae blwp Flew Lw; Far UpporfmM VN ONE " Ilduuery peprn, = "-------~~-'------" ..................-_.----cones MAnEO.----4!.4/85----............. _.... n~ ..,... `~ ~ Ie.n...F rN d.7B./O.~ad av~n.._x^'>, -.,•.~wre. olf.. pN..S!-,3.~S..wNrn N.. a~YSY//._.... .K., .. ~ ........ ~ EN1GD ~Ya~!~ac-, (~2ca LLraaJ o, L IJ G ~e 3" ~~ 5~ ro h~ ~ Y k~s 3 ~„ ~!'~ ~ P ati a* F~ ~ • 3 ~. y ~ v~C v ~ 3 v ~ P ~~ ~ ~ ~ ~ ~ `' '~ CS ~ S m ~ k~r~ ~1 ~t,~c~[~~ I ~LcA s ~ ~ s musk 9Lus • ~j ~. S m~'~~22f IS LoGAT~E'a DN L~J~ ,VoRTht,~c5i G0,2NG//~ of Feo-rG~iLL DOUL[UIfK.D Fhun Lion! STiQtcT w,T~iin) t~'1C Muse r~Lus Ceti,re2. • ~~oPe~2N C'ullQtuTL~' ~on1CD ~ ~etiei~p[. C'e-wivr~Filc~!R~L Q~i5At2,~rr~f2oF~Qr~ES ~ Alo¢rµ ~Lov,~P~cu,T,~ Y~SizYUiiAC ensr ~6P~. C'etitlmc~'ri/~C saur~ /m~A. ~(~~ ~ dP.os, r~ ~rsiz~xr~nc wEsT /C ems. C~e»1.y1~/1~~AL C~u~e2ac ~Lm~ ° ~Sub~Ecr ~fao0c2i ~ A~~ h}DSr1cF~ I~ROPPLTI f5 FKC -2o..i(0 Acco,CD~~uG %v ~ t C tNPL'AC f~L~nJ. ;F vi • 1 BLtiMEIvTHAL S MILLIKDI.7 li A Partnership Inc 1'ad in3 Professional Corpor s; n 2 3890 Tenth Street ~~ d 3 ~ Riverside, CA 92301 CITY Of RANCHO CUCAMONGA 3 (7i4) 682-0313 ADMIMBTR.;TION li 4 Attorneys for Claimant MAR 29 ~ 71819110~llt1Z11~8rli~g 0 ' CLAI:! AG2.I:45T PUBLIC ENTITY ~ (Gov. Code gg 905, 905.2, 910, 910.2) 8 SC CITY OF RA:iCt:O CUCAbiUGGA: 10 i:AY E. GGTii hereby makes claim against City of Rancho I1 Cucamonga for the sum of $1,000,000.00 and makes the following 12~ statements in su?port of the claim: 1311 1. Claimant's post office address is 120 East "H" Streeth • 14, Ontario, California 91764. l5 2. Sotices concerning tae claim should he sent to 16. Blumenthal & ~li llikan, ~ Partnership Including Professional 1~' Corporations, 3490 Tenth Street, Riverside, California 92301. 1R 3. .he date and place of the occurrence c.iving rise to 10. this chin are Deceiaber 25, 1984 at SR-30 (19th Street) .9 Hiles 20 East of ailepost SBD 30 406 at the Intersection with Sapphire 21' Street, City of Rancho Cucamonga, County of San Bernardino, 22~; State of California. 23 q, The circmns tances giving rise to this claim are as 2'1 follows: At t;te above time and place, claimant, :raking a left- 2all, hand turn from 19th Street onto Sapphire Street, was struck by 26I a west bound vehicle traveling on 19th Street in the opposite 2~'~ direction in a right-nand turn lane which turned abruptly 28~'' without sufficient warniny into Sapphire Stzeet. Claimant was _1_ 9 ,~ 5 0 8 P, ]0 11 12 13 1# 15 1G li 1R 19 20 21 i 22'' I 23 24 2v' 26 IIi 27 ', 28~, j I ii injured as a proximate result of the above-described dangerous•i condition o£ public property. li 5. Claimant's injuries are head, back, leg, continuing ~'I and still treatiny. i 6. The names of the public employees c msinq the claimant's injuries are unknown. 7. :dy claim as of the date of this cl iim is $1,000,000. 0. Tite basis of computation of the ~~ove amount is as follows: Medical Expenses Incurred to Date: Estimated Future ;~;edical Expenses: Loss of Wages: General Damages: Property Damage: $ 3,000.00 approx. $ 50,000.00 approx. $ 5,386.83 $ 950,000.00 $ 5,000.00 TOTAL gated: ?larch 27, 1985 51,000,000.00 BLU.NE:7TdAL & ^:I LLIKEN I A Partnership Includiny profession Corporations Bv: ar arA B. ?1i 11iken At rneys for Claimant • I -2- 9 1 • 2 3 4 5 6 7 8 9 10 lz 12 13 14 • 15 16 17 18 19 20 '• 21 22 ~' 23 24 25 26 2~ 28 ROOERT3 h MORGAN ATTONMtYt AT LAW tOlf UNTOn Gm Onrvs t\CONO hpp4 4M>Ory GOB ~Ylblry~ IcX, OIry1cL bL ttW IIIVOIl1OL GLI/011NIA tttl] Ttb,non OIA) OLAtI Isrece eecow rot rlueie sxAYP osL]1 ce'. CiiuG ~~~-r~~~!~'s~.~~. (/- i. C ~~ w C d ~ 6, CITY OF RANCHO CUCApiGNGA ADMIN;STPo~ TION APR 21985 1l~81~11~1~,~~ COUNTY OF SAN BERNARDINO In the Natter of the Claim of ) JAMES L. DEASON, ) CLAIM FOR INDEMNITY AND/OR CONTRIBOTION (Govt, Code 5910) Claimant, ) vs. ) CITY OF RANCHO CUCAMONGA ) T0: THE CITY f, LERK CF THF, CITY OF RANC HC CL'CAMONGA. (a) The name and oost office address of the claimant is as follows: James L. Deason X49 Caroline Court Ontario, CA 91762 (b) The post office address to which the person presenting the claim desires notice to be sent is as follows: ROBERTS & MORGAN 5015 Canyon Crest Drive Riverside, CA 92507 (c) The date and other circumstances of the occurrence or transaction which gave rise to the claims asserted are as io 11 follows: 2 ~ On or about May 9, 1984, at 12:18 o.m., an accident • 3 occurred on Archibald Avenue at its in [ersec [ion with Fourth 4 Street, County of San Bernardino, Slate of California, involving a 5 1980 Chevrolet being operated by Betty Gean Ha 11 and a 1982 Toyota 5 automobile being operated by claimant, James L. Deason. A ~~! complaint for damages has been filed on behalf of Betty Gean Hall 81~ naming, among others, James L. Deason as defendant. A copy of the 9 complaint is attached hereto and marked Exhibit "A" and 10 ~! incorporated herein by reference. Service of this complaint was 11 ~ achieved on February l5, 1985, on claimant, James L. Deason. 12 i! I[ is asserted that at the date, time and place of the 13 ! accident there existed a dangerous and unsafe condition of public 14 property pertaining to the operation, design, construction and 15 maintenance of the traffic control devices at said intersection • 16 and, in addition, failure to warn of a known defect in the signal 17 device. 18 (d) A general description of [he indebtedness, 1B obligation, injury, damages or loss incurred so far as it may be 2() known at the time of the presentation of this claim: 21 Claimant, James L. Deason, has been sued as a result of 22 the hereinabove-mentioned accident, subjec ling him [o costs and 23 potential judgment. Therefore, claimant, James L. Deason, is 24 ~~ entitled to indemnification and/or contribution from [he City of 25 Rancho fucamonga for damages that may be assessed in the underlying 26 action against claimant, James L. Deason. 27 The City of Rancho Cucamonga had either actual notices 29 ' or constructive notice of the dangerous conditions described in • -2- i 111 plaintiff's complaint prior to the subject accident of May 9, 1984. • 2 (e) Names and addresses of the public employee of 3 employees causing the injur y, damage or loss if known: 4 Unknown. 5. (f) The amount claimed as to the date of presentation 5 of the claim: 71~ The claim is for contribution and/or 8~I indemnification in an amount which is yet to be determined. 91 DATED: March 27, 1985 TS & MOR AN /'~~~ ~ .~ 10 / 11 12 13! 14 . 15 16 17 18 19 20 21 22 ~ 23 I 24 i ! ~ 25 26 A A 27 28 i -3- /L r l.:U :! 9~°.1 L.. . . .... .. ~f rpn«r.,p~,~... fll E. erlrwme Or Lpe'IIJ...,a gVVbl ur wuripn tu.,^,rm,r mw W': D'eLV arlp>Irba: aiDrl.. ' ' • ' . /I .~ /, I,'L~`wl U ote:u:. cnLU rl'. u) rn suPiRlvr. arinr ur Tato-: s F'U1< T91L C"vU;:':'S' U Slu: 1iL IUUrRD1t;L 1~ ~OC'I ~ Kest U15 Lt 3C: ` I, Cr .. 1540 t.. f'IC C•..L t;. )rVUlU; 1 (,> .5 lOr l_~1 tLY:au S17L. ~, ~m„•.1CC ,S~~r PUINTIF/ ~Op vi fir, ... l DETTY CEIJi iii,LL i i~ I DEFENDANT CITY OF' IJr;:CIIU CUCItMONGA, Ci:'1' OI` U1:TR R1 U, COUG'~Y Gi SM' OElil4A lii)L'r L/, srnTC Ul' CIlLI I'ORIiIA, DOUG FtF>!•:OS, CUN.P L'TLR SL R'JICES CO. , JAMES L. UCA50::, ant ~XI DOESI TO tea.,-incluslyc. LAST nuuL: r- COMPLAIWT-Personal Injury, Property Damage, Wrongful Death / ~ 261zp wi M110TOR VEHICLE zeup C OTHER /speci/yh ! ~~ v~~._J ~(p ~:, hropcrty Uama9r. LJ Wron gl ul Uepth (~ p;l Personal Injury 'J Othor Uameges yspecilyl: Yt•!I J,lu fit( 1. THE plcao mg rn Cluprng atta Ghmenls antl exMDils. co nsrsis of IhC Inllowmg numDCr of pages ^_ • 2 a Eatlr plat NrB namCp abOVl' IS a COmpCIC nI apUl'~ Eaeept plamtrp (name) rl a cplppralipn quantictl to tlo business in Cahlc'nu, ~~ an umnwrpora lc0 enley (tlascrme/ '-! n nuhho enllly (tlpSpnpe i ."'rn min, or man nq,l' ~_.I Ipr venom a quaro ran or non sPrvdipr o' Vle estdlC or a ouarpian a0 brem has been a..^pomiec 'i olner (specrryl ( Olner (spent/; L_j Eaetpl pia moll (name) (rJ a curporalwn qualnreo to Oo Dusniess rn Calilornra CI En VnmporpOfBieo enltly (pO3[nbCl r` la puhllt entity (poscnbu; `;a minor Gan apu!'. ~'-'' for whom a 9uartl ran m c';"' .aim or Il,e es;n;u or a yu aroian atl bran 1•„'_ Lc.;' a:.oo°rl;' ;J olnur Ispe cn~l ~'j plner lspcG'lyt p ~ Pia mtal (Name) is omng business unpor the hcpbous name OI (speedy) en0 has compliep WIIN the lick uous Dusin QES name laws G ~ IIIIOImaii00 aD001 a00g10nal pl8mbllb Wf10 eH bpt Cgmpehnl •CllttE K anOMn In CprllDlerni- Attacnmenl2c (COnenuep) 1Mm AM~rN W Ilw Aclscate COMPLAINT-Personal tnlury, Property Damayc, '•°"•'~""•••""'^"" 3lppuavl Wron lul Dpalh ~ ",••,n.:.'.~~„~, ~~~: .....~rlaai ,., . a "'';'181T A'. / ~ fG. UL ., ~- CGL.: L~.II'~1-Vnn.onol Iola ry, f•ropcrty IJam aq c, Y. rcn:v.rl Uu.lln J Edull ychvu)dnl n;uneJ auwc I: J I~~:,, LII irur;un [y] Eaeepl uPlpnparu Inurne~ Clty of (rancho Cuca;nonya U J Wsln Ces Or(JpOILpOp P, loon unkno Wn Cj J carpomuor [~ an unmcorporaleo Pnnly (upscuoP) ®a public anbty (tloscnbc) Lncorpo ra teU munic>.pahty Q inner (speedy) 1_ti Eaeepl Uelnr;oanl lrl.rma, • City of Un tanC Q a basin USS orgpm[atlon. loan unnuuwn Q a corpprallun Q an unlnCOrpof aleo entity (tlBSCnbe) Q a puobo entdy (UOSUrDeJ >.ncorporated municipal Q olner (speedy) Eaeepl oclnnuanl (ndrnm County of San Derr.ardino ~ a business oraamaanon. form unn nown LI J Cpr YUran po lJ do unlncorpprdlJtl entry pu;u:Jel ',~' a publlp ertlty (tlescnoe) county ~ plner (spocdv) [[f] Eaeept oolenoanl (name) State of California Qa hus~ness orgar [allon, form unknown J <OfPUr Jllp lr Can unlncorpora'eo enllly (Cescnpe) ©a public enbly (tlescnDe) state Q oltter (spentyp D Tie true names and capaclbes of Uebnoams sue0 as Ooes are unknown to plaintlll C ®Inlprmallon about aCOAlpnal oCIBn Qdrile woo are nPl ndlural persons la coNametl In Cumpldml- AI'acnrnenlst ' U ~~ Delenlla nln woo arl+ In,nen rovsu and In Cone pl C „I pro CCOme section X02 are Inpm M; J ~,~ Plalr;.ll ~Y reyu;rey ;u Comply wyn a CldlmS sldtu tn, one ~;~ pldlnlAl nos Compheq wJn appllC ahltl Clarma Stalules, ar u" FIJmLa s eat useu uum cump~lnlg uncuu se Ispecr(yr i nls coFll ~; Inn Uroper tour; u~Ca~. ,J dt m..a une uelerwanl lJ. ,. ....n ~, ,. ~.~~c:,mr.u dreg -J ir. _~ :)rillC lyal pIJCI' U emu. I ,_~ U. ,I ...: VfJIIJrI V! Ul.il lCy(ppf alnU JSSOCI JIIUII .5 ~n ..a jU n]ylCllO rldl dfe~ Lv, ae,ury 10 parson or Jamdpc .O pvr:oreh pruuerly OCCUneo In Ito lurlso;clronal area ~ pin Cr (speedy) • 6 [~ inu 'I;IIOW.ng parpg Mphs al llu5 ComPWlnl are allegetl on Inlorm allon ano betel (speb/y pardg/apn numDels), aV-1r Gti-1 (ConhnueC) Pscs~ ,y COL~i u:ii:~ -rcr.un,.l u.~~.l~;, I~ru;;~n! U.unagp, Wrongful Uu..hr (1..:'..•o~: _.. 7 ~ Iha UanLrq•:) Wavnpn IW wro~~~;Ln ll~•~In ,in~l P.; rV6lLw~Srnp} nl pgpnl'I IU U.: u•:6c r'~~. a ,I lr.tedm Lonrpllinl-Allaennn•nl / ._ld': Inlbw' B. PlamLtl naa SUllerld ~ wage loss ® hDapild and medlpal UPBpsea ®properly Damage Q aV+ur pama0v (sPaG/Yl • ',rte losa of use oI properly :L general damage U lass of earning capacity 9. Rebel sop,nl .n lnis carnpla~m is wnnin me;unsp~cl on or mss cow'. 10. PLAINTIFF PFlAYS Far ludgmenl for Coals of aud: Ipr sucn rebel as is laic lust. and egwldpb', and for L-XJ com ne nsatory damages [~' j (Supenor Court) dcconnnq m nr ;o' _^I (Municipal and Ju sti<o Coml) n me am(P..r~l pl 1 ulner (.PCUIr; , 11 Tne loi•V hmy '.auSBS of acpon arc J::JCIIeJ Jntl Ine Clalemenla dppvtl appry lp eacn (capn comp~drnf must YJ+e Prue U/ rrrV/V [eu5ea O! dC(r4/1 ilfd Cnr Yl i ~f Molpr ': eP~~c,c ;Gen oral Negligence C Intentional furl _.; pruu ucls Lid prh P; L I Frmmses Lvdegp L ~'JI: rPpvprr. JOHN D. PtANNERINO . 1 rvo• d ormr n•mel "•"••"""'^"" COMPLAINT-Purspnallnl n nsor r for Wyonqlul Uc /S ProPertY,Oal (Contlpded) a1101~•YII P+q• pn•1 ccr a n U ..._- C:,U~ , G- !.~ „" -LSUtor Vciucl. ,. .... _ AT10.C,Hit(r.l .-, ~i.~:.omyiuu'~I ;_,~rp'.'. '..~,.., ' ((15C d Sl :'~Jfall Ca USC UI dCiiUli K'rm I41 4Jtp CL'J:: UI Jr'!i:" Plainuh lnanrv EL:T'TY GLid: i;r.:.: MV•1 Pid'•nLll aiwJCS 1nU dCi3 al tls4noants werd nl"n"gent inn acts were Ilre Ie^eL la oaim ate! cCdSt' of In,unCs anc pd111dOC5 to plamLR, the aCIS pCCUrrep pn roam! May 9, 196.; m(pwcul Ai china ld anu 5ih St.rec ~::, i:anc!•u Cuca.r,onga, Cali io: n>.a MV-2. DEFENDANTS Tne eeienoanls w'no ooera;ce a molar vrnciu aic Ina mcs; JaT'.CS i. UE25 c:. Does t 10 6 LJ TIC 001CnOanl5 W1108mp0yCu 1nC pCf50n5 WnO 0pC(dlCOimOiOI VCIIICh In tnC GOUISC OI (hEl(RmplOymCn1 ale Inartics) i t^ upao t~ C Cl TpP OQIP.ntldnl5 who OWnCO nit motor vehicle whiCll was OpCraleo Wrln melt permission are (names) -_ 1 Uo_. 1. p _i ine Co;enodnD wno enirustee ff`c molar ven¢rc• are (names, _, Uou. 0. e l_l 1 nt• tlelen0ant5 wlio were Ine ayenl5 anp empmyde5 of the plner tlelenpants inG aclea wtlNn Ina scope of m¢ agency were (name: ` ' '• Ub~e'~.ue~P. wuu b~c w.o o ^. :; rtl~i ~.n u'~~~m lee SOnS Blip ti',e waspns lur Ille pdb~n;y d'. -„_, IDES mAtlecnnrtnl MV.71 was lOnowa (_,J Uoc; lu fom~avrmou t~ 1 J~aam Co. +m l..' tnru~.. ~;"„ i 1 ~~ CAUSE OF ACTIOtr'-Mplur VeMClt' cc~~r-te n,. .., u ura. oe~ /7 -_ CAU~~ O^ l,CTIUI~-General No9imcnc: o-,~~. __ ATl PCHME NT lU j~;_jWmpNmt ~: ~,(.russ~COm p:e~c' • (Uae • Sdptl/dln CDYSO of 6epn IUrln lel t•dcli t'irv5t• nl dCLpn 1 GN4. Pla~ntiu (namol CLii1' GCL;; I'u.LL alleges gnat oefendant (nemel L'i ty of hancho Cucamonga, Cr cy of Untarrc, tour. t, of San Bernardino, State of California, lJOUy RartWn, Computer Survicc Co., James L. Ueaso. ®OOes ~ to== was Inb legal (prpslmate) Wure of Uamdges lu Ala moil By Uw lollpwmg eels or OmisLOnr to acl, tletenoanl n C9ligenily CauSCC Inc tlamagC to plmnid' pn (paled May 9, 1984 at (piece) Archibald and 4t:: Streets, Rancho Cucanwnya, California (oescnplmn pl reasons Ipr hau~lrt,. Gn or about the Jape, time and place of the accident, the defendants and each of them did maintain an unsafe condition of public property, with notice of same by operating, designing, constructing, and maintaining the traffic control device at • the above referenced inter=_ection, in an unsafe ar.d neyiigent manner. 1+ddi tionally, the defendants and each of thee. fai ieri to repair a known defect In tLO s~nnai dev. ce, and further :ailed to M•arn and admonish luc:r.;u rr~'of~ti~o p.::.Lc• of s~;~d drfc t, and •tlnsaic conditions. • r 1 LJ l am ~Omo.re or Inr Juartu~ crwn •~ M Coam~•i (arUn~Jauunq ~ iFh~ u oral ~~ rrnul CAUSE OF ACTION-Genent Negligence cu~ u: w (8 nrmv nu nnwrn vn rrnenrn~:r_e STAFF REPORT GATE: April 17, 1985 T0: City Council and City Manger FROM: Lloyd B. Flubbs, City Engineer SDB,]ECT: Release of Bonds and Notice Comp etion nth Street at Center y ' ~,O `~ nC 9 x<i,~,~\ ~~ '''; 1917 DEVELOPER: California Finished Metals, Inc. P.0. Box 713 Rancho Cucamonga, CA 91130 Release: Faithful Performance Bond 534,000 • The road improvements have been constructed in accordance with the approved plans and it is recommended that City 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 in the amount of 534,000. P.M. 8280 - located at the Southeast corner of Hellman qve. and Arrow DEVELOPER: InterMetro Industries Corp. P.0. Box 147 Rancho Cucamonga, CA 91730 Accept: Maintenance Guarantee Bond E9, 615.00 Release: Faithful Performance Bond 596,150.00 The road improvements for Parcel Map 8280 have been constructed in accordance with the approved plans and it is recommended that City Council accept the improvements and the one year Maintenance Guarantee Bond, authorize the City Engineer to file a Notfce of Completion, and authorize the City Clerk to release the Faithful Performance Bond in the amount of 596,150,00 continued... /9 City Council Staff Report Re: Bond Release & Notice of Completion April 17, 1985 Page 2 P.M. 1061-1 - located East of Cleveland and South of 6th Street DEVELOPER: Kaiser Development Company (Formerly Kacor Development) 2121 Palomar Airport Rd. Suite 201 P.O. Box 308 Carlsbad, California 92008-0060 Release: Monumentation Bond E1,650.00 Parcel Map No. 7061-1 has been reverted to acreage and the monumentation band is no longer required. It is recommended that City Council authorize the City Clerk to release the Monumentation Bond in the amount of E1,650.00. u • • ~o RECGROI NG REOUESTEO BY CITY GF RANCHO CUCAMONGA P. 0. Box 807 Rancho Luc among a, California 91730 4rilEN RECOR DEO MA II T0: CITY CI EAK CITY OF AANCNO LVCAMONGA P. 0. Boa 807 Rancho Cvc amnnga, California 91730 NOTICE OF LOMPEE7ION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned 12 an owner of an interest or estate in the hereinafter described real property, [he nature of wM ch Interest or <Stat! is: 7th Street at [enter 2. The full name and address of the undersigned owner is: CtTY OF • RANCHO CUCAMONGA, 9720•C California 91730. Base Line Road, P. 0. Box 80I, Rancho Cucamonga, ). On the 17th day of Apri 7, 1985, the-e was completed on the hereinafter deicr iped real property the wo rk of improvement set forth in the contract documents far: 7th Street at Center 4. the name o1 the lri ginal contractor for the .ark pf improverent as a whole was: California Finf shed Metals, Inc. 5. The real property referred to herein is situated in the City of Rancho Cucamonga, Llunty of San Bernardino, California, and is described as follows: 7th Street at Center LI TY OF AANCNO CU[AMONGA, a municipal corporation, Owner l oyd Hupps, City ng meer ~~ 7/? >~ • RESOLUTION N0. {-B4-bJ--DZR- 2S -~' R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 7TH STREET AT CENTER AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for 1th Street at Center 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 wort, 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 17th day of April, 1485. AYES: NOES: • ABSENT: on D. Mike s, Mayor ATTEST: Beverly A. Authelet, 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 17th day of April, 1985. Executed this 11th day of April, 1985 at Rancho Cucamonga, California. Bever y A. Authe et, ity erk jaa ai RECORDING REOUES?EO RY CITY OF RANCHO LUCAMONGA P, 0. Box BOi Rancho Cucamonga, Cal4 forn{a 91730 NNEN RECO0.0E0 MAIL T0: C(iY CLERK CITY OF RANCHO CUCAMONGA P. 0. Sox 807 Rancho Luc angng a, fal ifornia 91730 NOTICE OF LOISPLETI DN NOt ICE IS HEPEBY GIVEN tNAT: 1, The undersigned fs an owner of an interest or estate in the hereinafter described real property, the nature Pf which interest or estate is: Parcel Map 8280 2. TAe fu71 name and address of tA¢ undersigned owner is: LI1Y OF RANCHO LULAMONGA, 9120-C Base Lin¢ R¢ad, P. 0. Box 807, Rancho Cucamonga, Cal if prnia 91730. 3. On the 17th day of aor il, 1985, there was completed on the hereinafter descrf bed real Property the work of imPrpvement set forth in the contract doCUment4 for: P arrel Map 8280 4. The name of the on ginai contractor far the work of improvement as a whole was: In terM¢Lro lndus tr i¢a LOr p. 5. The real property referred Co herein is situated in the Lity of Rancho Cucamonga, County of San Hern ardfno, California, and is described as follows: P arcei Map 8290 CITY OF RANCHO LUCAMONGA, a municipal cor pOr atipn, Owner L~Pytl B. Hu Ds, ity n9~neer ,~ A3 i7 8 • RESOLUTION N0. EB4-i-}-B3R' 85"~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL h1AP 8280 AND AUTHORIZING 7HE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 8280 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to 6e filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 17th day of gpri 1, 1985. AYES: NOES: • ABSENT: don D. Mikels, Mayor ATTEST: Beverly A. Authelet, ity lerk 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 11th day of April, 1985. Executed this 17th day of April, 1985 at Rancho Cucamonga, California. Beverly A. uthelet, City C erk jaa ay • n -- CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: April 17, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Rlane W. Frandsen, Senior Civil Engineer ~° G`~M~4cq ~~ ~ ~ix I,~Z ., ~ > I9Ti SUBJECT: Approval of Engineering Services Contract fhange Order fl3 for Archibald Avenue Reconstruction and Overlay between 4th Street and Baseline Road. Staff is currently negotiating a cooperative agreement with the Cuc amonga County Water District to combine construction of the Rrchibald Avenue trunk sewer line with the City's Archibald Avenue Project. Combin inq the projects will minimize overall traffic disruption and result in savings of over 3200,000 for each agency. The attached Change Order in the amount of 310,400 will effect the merging of the two contracts, develop the phases traffic control plan and complete the final striping plans. RECOMMENDATION It is recommended that City Council approve the attached Contract Ch anne Order No. 3 for Archibald Avenue Reconstruction and Overlay between 4th Street and Baseline Road. The total amount for the contract increase is 310,400.00 Attachments ~s CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES CONTRACT CHANGE ORDER CONTRACT FOR Or er No.: Oatz: 4/3/85 T0: C.G. Enqineerin tngtneer You are hereby requested to comply with the following changes from the Agreement for Engineering Services. Archibald Avenue Reconstruction and Overlay Between 4th Street and Baseline Rd. DE RI N 0 C ANGE D REAS INCREA in Contract Price In fontract Price (See attached Change Order No. 3) Supplemental Rur chase Order to 2769, in cudes previous time and material requisition for E5,500,OD TOTAL 510,400,00 UST IF ICATION To complete staff recommended design changes, add traffic Striping plans, add construction •ph as ing & detour plans, to combine CCWO plans for sewer construction into contract The amount of Lhe Contract will be increased by the sum of: Ten Thousand Four Hundred and 00/100 Dollars - The Contract Total including this and previous Change Orders will be: Thirty Thousand Nine Hundred Twenty-Prue and 00/100 Dollars (5 30,9 The Contract period provided for comaletion will be Increased to end on June 15, 1985 Oays This document will become a supp moot to the Contract and all provisions will apply hereto, // ~~ Requested; L by Hu bs, ,ty Engineer Da ye Accepted: - Engineer Date Approved: ~.._.~ Mayor, City of Rancho fucamonga Date is to ormatton wt a use as recur o any c angel to a ongtna engineer ng agreement dated: 7th day of ,tune, 1984, ~~ my no n w n~nun nt•n n irn~•~ • - .,__ _ .,_ _ STAFF REPORT ,,.._....v -`° _ , 2 ,, C/ 9 rp Y n Y` <4~VV~ T ^J ~ ~ Z 7 19J7 DATE: April 17, 1995 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael D. Long, Senior Public Works Inspector SUBJECT: Award of Contract far the Construction of a Traffic Signal at 6th Street and Archibald Avenue to the lowest, responsible bidder On December 19, 1984, City Council authorized Staff to soiicit bids for the above project. Bids were received at 10:00 am on April 9, 1985 from four bidders for the construction of the subject project. An Engineer's Estimate of 850,000.00 was prepared by Staff. The total bid amounts are as follows: Anaiite Corp. 866,000.00 • Hovey Electric 869,614.00 Paul Gardner Corp. 873,745.00 S teiny & Co. 885,600.00 A summary of each bid proposal is attached for your review. RECOMMENDATION It is recommended that City Council award the contract for the subject project to Analite Corp. as the lowest, qualified bidder on this project for the bid amount of 866,000.00, execute the contract and authorize the expenditure of funds for full contract amount of 872,600.00. It is further recommended that this project be funded from Systems Development and/or Gas iax funds as org in al ly intended. ResQectfully s~mitted, C~i~ / / ~, LB MDL jaa Attachments ~7 • C G V N ~~ 4 ~ C V 2~ m d 6 m T N ^~ G F w Q g O O a E N r N F p a8 • • STAFF REPORT ~~~ _. -,~iY L ~ ii DATE: April 17, 1985 'I9 i9;; T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer Sl1BJ ECT: Grove Avenue Rehabilitation and Widening from 8th Street to Foothill Blvd. Presented for your review and approval is an Engineering Services Agreement for the purpose of preparing a Preliminary Design Report fnr Grave Avenue Rehabilitation, Widening & Signal Modifications from 8th Street to Foothill Boulevard. The preliminary report will utilize traffic volumes provided by the City. Engineers will prepare traffic projections to determine widening and s ignalization requirements, determine right of way constraints to any proposed widening, review existing pavement conditions requiring maintenance or replacement and present a set of design recommendations to guide in the preparing of plans, specifications and estimates (P.S. & F..) for improving this street. Study costs $13,100.00 RECOMMENDATION It is recommended that City Council approve the attached Engineering Services Agreement to L.A. Wainscott & Associates. Re~ctfidly submi~ed, ~; ~~ / i LBH: B~li: ko Attachments ~~ AGREEMENT FOR CONSULTANT SERVIf.ES THIS AGREEMENT, made and entered into this nav of 198_, between tfie CITY OF RANC40 f,IICAMON9A, a Municipal Corporation, hereinafter referred to as "City" and L. A. Wainscott & Associates, Inc, hereinafter referred to as "Consultant". WITNESSETH; WHEREAS, the City desires to prepare a Preliminary Design Report for Grove Avenue Rehabilitation Widening & Signal Modification hereto after referred to as "Project"; and WHEREAS, the Consultant bas the necessary skills and quatif ications and licences required by law to perform the services required under this Agreement in connection with said Project; and • WHEREAS, the City desires to retain the Consultant for services hereinafter described in connection with said Project; and WHEREAS, the City Council at a regular meeting held on Lhe _ day of 198 ,authorized the Mayor and City Clerk to enter into this Agreement. NOW, THEREFORE, it is hereby agreed 6y and hetween the parties that: 1. DEF iNITIONS. As used in this Agreement, the fot~nwinq definitions shall be applicable: a. Consultant. Consultant shall mean L.0.. Wainscott R Assocc. a California Corporation located at 22400 Barton Road, Suite 200, Grand terrace, CA 92324 b. Cam. City shall mean the City of Rancho fucamonga, a Municipal Corporation, located at 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. -1- 30 c. City Council, City Council shall mean the Citv Council of • the City of Rancho Cucamonga. d. Services. Services shall mean the services to be performed by the Consultant our su ant to Lhis Agreement. e. Satisfactory. Satisfactory shall mean satisfactory to the City Engineer of the City of Rancho fuc amonga. 2. SCOPE OF SERVICES. Consultant agrees to perform for, and furnish to, the City the services described in Exhibit A, "Scone of Services" attached hereto. 3. TIME FOR PERFORMANCE. The Consulant agrees that it shall delingently and responsibly pursue the performance pf the services required of it by this Agreement and that said services shall be completed within 60 calendar days after execution of this Agreement in accordance with the Project • Schedule attached hereto as Exh ihit 0. tf a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the C;ty and the Consultant. The Consultant shall present documentation satisfactorv to the City to substantiate any request for a time extension. 4. PAYMENT. Upon satisfactory completion of the services described in the "SCOPE OF SERVICES", (Exhibit A) the Consultant shall he compensated based upon the actual time spent on the Project at the Cnnsu itant's standard hourly rates attached hereto as Exhibit C, plus outside services, but shall not exceed a total amount of 513,100.00. -2- • 3/ • In the event of authorization, in writing, by the City of changes from the work as indicated in Exhibit A or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such extra work based upon the fonsu pant's standard hourly rates (See Exhibit C). The Consultant shall submit invoices which specify the area where work was completed and the associated time for completion to the City for approval. The Consultant agrees to invoic_ the city for services rendered not more often than once a month. Work performed at the request of the Citv, outside the limit specified in this Agreement, is to ^e designated as "Extra Work" on monthly invoices. Work performed in connection with an authorized written change order will 6e so designated on said invoice. • 5. CITY SUPPORT. The City shall provide the fol lowing items of support to the Consultant: a. Provide a staff engineer to work with the Consultant for the purpose of giving advice and to provide coordination within the scope of this Agreement. h. Make available and provide all existing data and information relevant to the proposed Project. 6. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or anv Portion hereof, by serving upon the Consultant at least fifteen (IS) days prior to written notice, Upon receipt of said notice, the f,on su pant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days of service of said notice, the City shall pay to -3- 31 the Consultant all earned and unpaid fees and costs based upon the rates • attached hereto as Exhibit C, plus outside services, but the sum so paid shalt not exceed a dollar figure which hears Lhe same proportionate relationship tp 813,100.00 as the quantity of work completed by the consul±ant hears to 100a of the work prescribed herein. If the City suspends, terminates or abandons a portion of this Agreement such susoens ion, ±erminati on or abandonment shall not make void or invalidate the remainder of this Agreement. *+~ 7. BREACH OF CONTRACT. If the Consultant defaults in the performance of any of Lhe terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure fts default within such period of time, the . City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may 6e entitled at law, in equity or under this Agreement, 8. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of or in the event of termination, suspension or abandonment of, this Agreement, atl original documents, designs; drawings and notes prepared ;n the course o' providing the services Lo be performed pursuant to Lhis Agreement shall become the sole property of the City and may be useA, reused or otherwise disposed of 7y the City without the permission of the Consultant. 9. INDEPENDENT CONL4ACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City ~~ Con's ultant may terminate this dgreement only for cause. • -4- ~3 • nor any of its officers, employees or agents shall have control over the conduct of the Consultant or apy of the Consultant's officers, emolo vees or agents, except as herein set forth, The Consultant shall not at anv time or in any manner represent that it or any of its officers, emplovees or agents are in any manner officers, employees or agents of the City. 10. LEGRL RESPONSIB IL [T IES. The Consultant shall keen itself informed of State and Federal laws and regulations which in anv manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and requlat ion s. The City, its off ices and employees shall not he liable at law or in equi*.y occasioned by failure of the Consultant to comply with this section. • 11, ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any moneys due hereunder, without the prior written consent of the City. 12. INSURANCE. The Consultant shall maintain general liahility and workers compensation insurance coverage effective on the first Aav of work and in full force throughput the full term of this Agreement, The policy or policies shall be underwritten by insurers admitted to operate in the State pf California, on forms no less broad in the scone of coverage than standard forms. Entire limits of liability maintained must he certified but in no event shall limits be less than specified hereinbe low. Anv aggreq ate limitation of liability shall he separate as to the risks arising out of the subject matter of this proposal. -5- 3y • Coverage Minimum Limit Workers' Compensation & Employer's Liability 5100,000,00 Comprehensive General Liability /Comprehensive 5500,000.00 Auto Liability Combined single limit each occurance If requested, the Consultant agrees to deoosit with the City, certificates of insurance to satisfy the City that insurance requirements of this Rgreement have heen comol ied with, and to keen such insu rance in effect and the certificates therefore on deposit with the Pity during the entire term of this Rgreement. 13. ENTIRE AGREEMENT. This Agreement and anv documents pr instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and su oersede all negotiations and prior writing in respect to the subject matter hereof. • In the event of conflict between the terms, conditions or provisions of this Agreement and any such document nr instru ment, the terms and conditions of this Rgreement shall prevail. IN WITNESS WHEREOF, Lhe parties hereto have caused th is Agreement to be executed the day and year first above written. CITY OF RANCHO CUCAMONGA f.ONSULTANT on D. Mike s, Mayor Date: gy; ATTEST: Title: TIZG.fS. Date: 4 -2-Ps Bever y R. Authelet, City C erk APPROVE AS TO FO ~ • gy ~~//!!////// " r Date: SL~ ,ty Ltorne, -6- 3 ~` • EXH[8IT "q" SCOPE OF 'gORK The objective of the preliminary design report is to doc umen± the existing and know the future road improvements, to assess alternatives for widen inq the road section tp 4 lanes and to pro•r ide a visual pavement Condition survev within the orcject limits. The scope of our proposed engineering services are as follows: Task 1 Base Map Preparation A 50 Scale base plan and profile will be prepared utilizing data developed in 1996 by the San Bernardino County Surveyor, The San Bernardino County Surveyor's data will he reviewed for completeness for Doss ible use in subsequent design phase. The items of work under this task are: A. Research record maps (budget 5300.00). B. Draft County Surveyor's 1976 field tooo data on the origin al plan and profile sheet with 50 scale photo strips provided by the city (budget 8400.00). • C. Draft rights-of-way and property lines on the base moo (budget 5400.00). 0. q designer will walk the project limits to filed verify the completeness of the 1916 San Bernardino County topn and any new development that may have occured since the survev was performed (budget 8500,00). Task 2 roves tigate Street Widening Alternat iv s Two alternative approaches, two widening the roadway width to 4 lanes, will be considered, The first alternative to he considerd will analvze the impact of obtain inq a standard 88-font right-of=way. The second alternative to be considered will analvze the impact of ornv id inq a combinatien of a standard road section with an 88-foot right-of_way and a 52-foot wide minimum road section with a 66-foot minimum ripht-of-wav, Under the second alternative, 64-foot road sections wiht 78-foot minimum right-of-way width will be provided at intersections for Deft turn pockets. Side street improvements will he limited to the end pf the curb returns. The items of work under this task are: A. Double pion strip maps (B 1/2"x36") will be duplicated from the base maps prepared under Task 1. Indentical-parallel plan strips will he used to evaluate the alternative plans and associated right-pf-way takes (budget E200.00). 3G 8. Prepare alternative preliminary ^lans for standard and sub-standard e right-of-•xays (budget 84,900.00). C. Meet with the staff of the Cities of Goland and Rancho Cuc amonpa and incorporate their desires into the alternative designs (budget $500.00) D. A preliminary construction cost estimate will he prepared For each alternative (budget $700.001. Task 3 Perform Pavement Condit inn Survey A visual pavement condition survey will he performed to assess the extent of ezistinp surface cr ackinq, rutting and ravel;no. Specific recommendations will be made with respect to reoair and/or the extent of additional evaluations that may be required. The work items under this task are: R. A visuai pavement condition survey will he performed. The extent of pavement distress will 6e recorded on a Pavement Evaluation form. Recommended removal and/or overlay areas will 6e lnc ated for subsequent drafting on a plan strip. The elan strip and a summary of the condition survey will he incorpnra ted in the written design report (budget 51,000.00). • B. Graft recommended pavement reoair areas nn the plan strip nreoared under Task 2 (budget $200.00). Task 4 Traffic, Signalization anA RoaAwav Geometric Evacuations The traffic signaliza tion anA roadway geometric eva luat inn will he performed 6y Mr. Lawrence Eisenhart work inq as a suhconsultant to our design team. The work items under this task area are : A. Traffic Signal Evaluation (budget $1,500.001 1. 9th Street - existing traffic signal A preliminary design wiil 6e prepared to ;ncluAe proposed re- striping and traffic signal modifications a s required. 2. Arrow Highway - existing traffic Signal A preliminary design will be prepared tp include proposed re- striping and traffic signal mod ifcat ions as required. 3, San Bernardino - existing traffic signal A preliminary design will be prepared to include proooseA re- striping and traffic signal modifications a s required. B. Roadway Geometric Evaluation (budget $1 000.00) , 1 P d • , repare roa way capacity analysis for the two proposed alternatives. 37 • 2. Prepare Intersection rap acity Utilization (IC111 for the signalized intersection. 3. Evaluate the need for a continuous turn lane/or intersection left turn channelization. The above costs for capacity evaluations are based upon utilizing existing traffic taunt data. If 24-hour machine counts are required, thev will he obtained by outside consultants at a cast of 3100.00 per location. if peak hour intersection manual counts done qM and one PM) are required, they may he obtained at a cost of 3100,00 per intersection. If existing data is insufficient for the evaluations and new counts are required, these costs will be considered extra services and billed segar ately. Task 5 Write Reogrt q written report documenting the preliminary design efforts will 6e prepared (budget (81,500,00). The report will address the following items: A. General discussion of existing conditions. B. Existng and projected traffic conditions includ inq dpcumented traffic accidents provided by the City. • C. Design considerations requested by the Cities of Uol and and Rancho Cucamonga including the Master Planned Storm Drain and known future development fronting Grove Avenue. D. Documentation of pavement condition survey and presentation of preliminary repair recommendations. E. Feasibility of using the base maps and survey data developed by the San Bernardino County Surveyor in 1916 far final design, F. Presentation of preliminary design altern atfves. G. Preliminary engineering and construction cost estimate. We propose to provide the above described engine=ring services pn an hourly basis. The recommended budget amount of 313,100.00, excluding the cost of prints and other out of pocket expenses which will be billed at cost. The professional services of L A Wainscott & Associates, Inc. will he h;11ed in accordance with the attached standard rate schedule, 38 . C'/r~ OC RAnrcNc C~c.NricNSA El `/i3i~ /j ~~ .Sr/ZCE% j~ FCC.'7y/cL RENA3/u TA i/pn; ENCT/NEE2rN(~ $c</EJL'~cE WIC rs TASK / 1 2 1 3 1 4 1 5 1/01 7 1 I I I I I I I I / 3ASr' rNAP P?'v I I I I I I I I I I I I I I ~ I I ( I I f I f I f 2. IN/rsaG N,N F-i ! I I I I i I i ! I 1 1 1 1 1 1 I I I I I I I I I I 3. ~A/ ENI Co/vo S~~ic ~ I I I t I I ( I I I I I I I I I I I I I I I I I I I I I f 6A. TRAGF,G S E/AC. I I ~~) I I I I I i I I I I I I I I I I I I I I I 6 Rc~a~/w AFC Eiq I F--~~--1 I I I i I I I i I I I I i f I I I I I 5 W ,rt RrFbz t ~ I E'-`'-"~ I I I i I I I I 1 1 1 1 1 1 I I I I I I I I I I I l l i l l l I I I I I I I I I I I I I I f l l I l l l f l 1 1 1 1 1 1 i l l l l l l l I I I l l l t i I I 1 1 1 1 1 1 I ! I I I I I I I I I I I I I • I I I I I I l l l l l f l l i I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I V I I I I l i l l i l l l I I I I I ! I I I I I I I I ! I I I I I I I I I I I I i 1 1 1 1 1 1 I l i l l i l l i l V I I I I I f l f 9 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l i I I i ~ l l l l l l l t I I I I i ! i I i i I I i I I I I! I I l f i l l l f l l I I I I I I I I I I I I I I I I I I I I I I I I i I I I i I I ( I I I I f l l l l l l l l l I I I I I I I l l l l l l f I I I I I I I I I I I I I I s9 • EXH;BIT "C" SCHEDULE 0~ RATES Eng:nee ~ ................. ........ .........5 6C. 00 per hour Surveyor .... ...... ........ ....... ..... ....5 ~~. OC oer r.our Arson ate Engineer & Geo lcgist. .. .........5 54.00 per hour ^t ng ineen ng iechm ciao .... .. .. ... . ........5 6G, 00 per hour '~aoer atory & E;eld iechm clan .. .. .........5 35.00 per hour Erg sneering Aide .. ........ ....... ...... ...5 33.00 per hour Three-Man Survey Crew . ......... .. .........5 120.00 per hour iwo-Man Survey Crew ....... ..... .. ..... ....5 101.00 oer hour E0,'•1 - Total Station .. ..... .. ... .. . ........5 10.OC Oer hour Coaouter .......... ............... .........5 .02 per CPU aag e-second Subsista nc e . ................ ... .. . ..... ...5 40.00 aer day C.en cal ....... ... .... ......... .. . ........5 22.00 per hour `~e ld Techm n an 'Jehr le . ........ . .. .... ..5 0.25 aer mile 1) %ees ane ether charges will 6e billed monthly as the work progresses, and shall be due at the time of billing. 2; C'~~ert hereby agrees that the balance as stated on the billing from • Engineer to Client is correct, co nclus~ve and biotl ing on the Client unless C d ent w.^_h in ten (10) days from the date of the ma r~ng of the bi it ing ~t~fies Erg sneer in wn ,ing of the oar ti cular lien ih a' is al ieged to be ~ncorrec :. Any ano un s not paid within thirty (30) days of :^.e bil ii ng date snail be considered de: mcuen<, and shall bear a service charge of one and one-half ''. ,'2! aer re^' aer no nth on the unpaid nalarce no: to exceed the -~ax mun a^r~al •~nte rest allowed by law. 4) Jobs with es tires ter of less than S3, OOC. 00 no really recuire a reta ~rer of 51,000.00 cr fifty i50) percent of the estimate, whichever is less, pn or to work beg~~^n ing, the balance wi77 be due upor. cenple tsar of the wor ki re oor :. S) A $7C. OG aer tour per enp loyee pre-'~un shat: Se oaxc for all ove rt me recu es ted by the c'. ~~ent. May 7984 yo • CITY' OF RA~'CHO CtiCA~10\GA STAFF REPORT DATE: April 17, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Dave 8lev ins, Senlor Public Works Inspector `C Gi CA,i1p~^ Z ~~j ~\- _ `~~`-~~ - L liF L 2 .. > 19~ SUBJECT: Reconmend approval of professional services for soils and materials testing for Alta Loma Storm Drain Channel - Assessment District 84- 2 with Pioner Consultants far an amount not to exceed 550,000.00 The attached agreement for professional services to provide soils and materials testing for the above referenced project has been executed by Pioneer Consultants and approved by the City Attorney. The total amount for services provided not to exceed 550,000.00 RECOMMENDATION It is recommended that the City Council approve the attached agreement with Pioneer Consultants of Redlands, California to provide soils and materials testing for the Alta Loma Storm Drain - Assessment District 84-2 project. The total amount not to exceed 550,000.00. ~tfully su mit i ~ L :OB• Attachments vi t c • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this ^ day of 1985, between the CITY OF RANCHO CUCAMO NGA, a Municipal Cornorati on, herein after referred to as "CITY", and PIO"IEER CONSULTANTS, INC., du lv license.^. Geotechnical Engineers of 251 Tennessee Street, Redlands, California, 92373, hereinafter referred to as "ENGINEER". WITNESSETH NHEREAS, the CITY has a need for geotechnical engineering services, consisting of Soils and "4atrial5 Testing and Geotechnicial Enginee-inq for the Alta Lama Storm Drain and related work, Assessment District 84-2. NHEREAS, the CITY has invited the ENGINE E4 to provide reau ;-ed engineering services for the CITY; • NHEREAS, the ENGI"LEER has specialized knowledge, traminq and experience in Soils and Materials Testing; and NHEREAS, the ENGINEER indicates wil linaness to oe dorm engineering services for the C[TY under contract. NON, THEREFORE, the CITY and the ENGiNEE4, for the considerations hereinafter named, agree as follows: ARTICLE 1 The ENGINEER agrees to furnish and ne rform soi'.s and material testing for street work and storm drain construction for Assessment Oi strict 84-2 as follows: i. EA4TF":IOR'( OBSERVATION This item shall include full time observation of clear inq and grubbing; preparation of suhgrade to receive embankment fill; and placement of embankment fill for the purpose of verifying and insuring compliance with contract special provisions and standard specifications. -1- ~~ z C ~ I?. BACyFiLL OBSE~RVA7?OA • This item shall include ohservation and ce-tif ication o' hoc''<f~ll and compact icn of all channels; soillwa v; storm drain pipe; Sox cd averts and drain=_ge structures to verify and insure compliance •miih coot-ac*_ special provisions and the standard ;pec if ications. III. C'1 P! ACE ~~+AX"'Uv DE"1SiTY TEST?'1G In accordance vith the contract special orovis ions, re'at+ve cpTpaction shz11 be determined by test method Nn. Calif, 215, Fart ii; "L :boratorv Compacted Test Maximum 'det Density and Fercent Compaction" and test method No. Calif. 231; "Method of Test fer Relative Cemoaetion of Untreated and Treated Soils and Aggregates by the Area fonceot Utilizing Nuclear Gauges." This item shall include compaction resting of: atl suhgrades for structure, pipe, spillway, emban~Cment and roa d••aavs; and testing of all structure and pipe backfill and e~,b anVment fiil as • directed in the field 6y the Engineer or as rec o:mnended 6y the Soils Engineer for the purpose of verifying and certifying compliance with contract special previsions and the standard specifications. IV. CO';C BETE TESi117G This item shall include molding; s*.orina; transportation; curl nq and bre a'<ing of four (4) cylinders pe^ fifty (50) cubic ,yards of concrete poured. V. R.C.P. - PL A'!` iNSPECTI09 This item shall pros de for plant inspection to verify quality contrpl and testing by the ma muf ac turer and shall include all travel tune and written report certifying plant compliance with standard sped ficatipns. Please note that the pipe manufacturer will be required to submit a certificate of compliance in accordance with the standard specifications -2- Y~ r ~- • and if, due to the locality of the supplier, undue expense could he incurred by the City in providing subsistence reim.bur cement, this item may be deleted. VI. AS?HALT CONCRETE - PLR^!T I17SPECTI O`I This item shill include in so=_ct ion of am halt cone-ete p^pduc'~on durinq p av ina operations to verify plant and material con `ormance to stzndard specifications. VII. REI'IFORCI`IG STEEL This item shall include random sampling and tensile testing of reinforcing steel. VIII. AS?4ALT CO"ICRETE LAB TESTING • This item shall include sampling of asohalt cone rote Material durinq paving operations, to b=_ tested for st ability, extrzction, and gradation. iX. LABORATORY AMA%IuO~N DE`1G ITY This item shall consist of max i:,ium denity-optimum moisture analysis of selected soils types coder laboratory conditions. X. CO"JS~JLTATI O'I This item shall include ore-cpnstruct'on con`erence and field meetings; telephone conSU ltat ion; and office anlavs is of mix des+qns, etc., by a Principal Engineer. -3- {'/ ( {" zI. REPOR-s • This item shall include all professional and clerical se rv;c=.s rec essarv to suhmit a final report certifying observ at;ons ar.d/,^.r tes`.'^g performed on items on=_ through nine above. Said written reoy 's to he provided for the purpose gf verifying and certifying cbserv at;ons mad= and test recults. The E9G[7EER will keep and maintain daily records of all testing and observation activities in[lud ing names and positions of technician, dates, times, hours, weather conditions, type of activity, heg;nn~nr, and ending stations, intervals, number of tests, problems encountered, discussions with supervisor, project engineer, inspectors, contractors, etc., office time and activities, calculations and any other time that will be charged against the project and provide CITY with one copy of all daily reports at end of every week in which work is performed. The EYGINEER will pay his labor the prevailinc wage rates as determined by • the State of California Director of In:lustrial Relations. ARTICLE Ii The CITY agrees to pay the EMGI9EER, at the foglowing hoor'.y rates as compensation for the named professional services; PERSON AEL CHARGES RAT°/COST Principal Engineer ............................................565.00/Hour Expert Witness or Litigation (4-Hr, min., including preparation time) ..........................................5100.00/Hour Project Engineer or Geologist (Licensed) ......................550,00/Hour Staff Engineer or Geologist,,, ,,,, ,,,,,,,,,, ,,,, ,, ,,,,,,,, ,gg0,00/Hour Supervising Technician ............... ....... ... ...............S4D.00/Hour Field or Lahoratory Te chni r,ian .... ............................535,00/Hour Drafting ......... ........ ............ .........................530.00/Hour TYPing, Collating, Printinn ...................................520.00/flour _q_ • Y~ • OTPER CnARGES Subsistence and Lndging ................................... ........4t Cost Overtire (rate in addition to realll ar rate): 9orm?1....... ....51^.C^/~ou^ Surd avs and 4o~idavs....... ....52,.00/4nu~ Mileace: ~ Two '.Jh eel Drive ............................. ............ ... .... .20 /..,; ,e Four 'dheel Or ive ................................ ........ ........40 /'qi le Outside Services and Supplies ............................. .....Cost ~ 150 Concrete Cylinder St rem qth Tests .......................... ....5'0.00 Each Coring (Charge per tore above ho•~irly charges) ............. .....55.;0/Each Concrete Mix Desien ......................... ..... ......... ....<_55,C0!E ach Reproduction Charges: %erox Conies ........................ ......... ......... io,r ~~ .......... ..•..h Bruning ............................................... ......2D!Sp.Ft. Copies of Old Reports File access Charge (after 1 ye arl .... ................. ..........25.00 Cost/C ooY (after I year) ........................ ...... .. .......* 2.00 Cost/COPY (curr_nt) .............................. ..... .........* 1.00 *Plus Cost of Reproduction (c cp ies olus clerical tire) • The fee for the services stated in Article I sh al '. not exceed 550,000.00 The E)IGIPIE ER '.gill hill the CITY monthly an amount equal to the hpprlV rate(s) times the number of hours worked but not more than a prooort;enal part of the fee for the work completed at the date of billing until all wn+'k has been completed and totally billed. ARTICLE iii If the work is Suspended indefinitely or abaM oned or;nr to the completion of the Eng ineerinq services set forth in this agreement, the CITY agrees to pay the E^IG I"IE ER, at the rates set forth in Exh ib;t "A", to the *.i me of said suspension or abandonment, •Nh;ch oayment is to he *.he full an9 final settlement for all the work performed by the E"IG I'IE ER io said time, ?nd such work shall becrre the prooerty of the CITY voon said oaTnen±. ARTICLE IV All terms, conditions and provisions hereof shall inurr. Lo and shall bind the parties herein, their successors and assigns. -5- N6 C i IN NITNESS HNEREDF, that na rt ies ~e•eto have ex=c~`=_d this Aa^ee^,e nt. the day and year first above written, CI?Y CF RAr1CH0 CCr ~+1C'IGA BY ATTEST: BY: 3'/Or PI0'lFER CD4S'JL TA"lTS, INC. APPROVED AS TC FCRM: BY: City At tarn ey y~ • J :~ CITY OF R~\CHO CtiC~1VI0\GA STAFF REPORT DATE: April 17, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Dave Blevins, Senior Public Works Inspector c~ cn.ttpti~yy ~~~^ x' r,c.''.~'- 'rZ '~ > 19%7 SUBJECT: Recommend approval of construction staking agreement for Alta Loma Storm Drain Channel - Assessment District 84-2 with Associated Engineers for an amount not to exceed 515,000.00 qtt ached is the proposed agreement with Associated Engineers of Ontario, California to provide construction staking for the Rlta Loma Storm Drain and related work, Rssessment Oistrict 84-2. RECpMENDATION It is recommended that the City Council approve and execute the agreement with Associated Engineers of Ontario, California, to provide construction staking for the Aita lama Storm Drain, Assessment District 84-2. The total cost of services not to exceed 875,000.00. Respectfully spylnitted, yP C ~ • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this _ day of 1935, between the CITY OF RANCHO C'JCA'~+ONGA, a '^uM cinal Soronration, her°~naf ter referred to as "CITY", and HILLS AND LSLL, AS SOCi ATEO 'e ":Gi'IEER S, INC., duly licensed engineers of 316 East "E" Street, nntariq Cal i'orn;a, 51754, hereinafter referred to as "E"lG INEER". 'dl T"IE SSETN WHEREAS, the C1iY has a need far engineering services, cons istinq n~ Construction Staking for the Alta Loma Storm Drain and rotated work, Assessment District 84-2. WHEREAS, the CITY has invited the ENGINEER to provide re qu~red ennineer~nn services for the CITY; • WHEREAS, the ENGINEER has specialized knowledge, training and experience in Construction Staking; and WHEREAS, the ENGINEER indicates willingness to perform engineering services far the CITY under contract. NOW, THEREFORE, the CITY and the ENC,iNEER, for the considerations hereinafter named, agree as follows: ARTICLE 1 The ENGIBE ER agrees to furnish and ee~FO rm cnnst^uction stak inp For street work and storm drain cons tructien for Assess^~e nt Olstrict S4-? as follows: Channel - acprax'^at°l,v 4,570 i+ne.,~ ~°et. Storm Crain - approximately 600 linear foe t. Street '.JOrk - approximately 1,500 linear feet Miscellaneous work in 3 drainage basins Aerial Topo ~~ - approximately -1- 5,000 linear feet N~ { C The E9G I`IE ER gill set one set of stale=_s for the fn~lo,v;ng items: 1. Reestablish ground control for updated aerial Moo of construe.inn area for yardage Calculations. Reestablish ground control for 2nd Moo of bas ~n area. 2. Clear Lath Lath will he set at 200'-300' intervzls as necessary, 3, Alignment Establish centerline controls and roference out. Stake center~~ne ror slope stakes and X-Sections if necessary. 4. Rough Grade Slope stake channel sections (50' stationsl and grzde stake basins as necessary. 5, Channel Staking Set centerline or offset stakes for P.C.C. channel construction. Set o/s stakes for headers on each side. 6. Structures Stake structures as necessary. 7, Street Areas (a) Take preliminary and final X-Sections for dart quant;t,;es. (b) Rough grade stakes (c) Offset stakes for curh and qutMr (d) Subgrade stakes if required (e)^4ark removals and ,joins 8. Storm Drain ~ • Set offset stakes at 28' stations. -2- ~~ C C • 9. Aerial TDpo RPp roximate ly 6000' z 200' updated 1"=a0' sca'e ae~:el LpoD Final Logo basin area i"=40' sca'e _ ¢a,pOp Volume calculations by digital arocess in has in area 10. Office Plot sections and catcu late eart h•.vo rk volume. The E';GI'IEEB will keep and maintain daily records of all survey activ~t.~ez including names and positions of survey party, dates, times, hours, weather conditions, type of survey, beginning and ending stations, intervals, number of R.P. 's set, number of ties set, problems encountered, d;sa ss~ons with SpperViSgr, prD7eCt eDglneer, 1nS DeGtOrS, CDn trdCtDr S, etC., off iCe Limp, aM activities, calculations and any other time that will be charges against the project and provide CITY with one copy of all daily reports at end of Query . week in which •sork is performed, The E`!; ?'.E E.R will pay his labor the erevai ling wage rates as de to rmin=~! by the State of California Di re r3 or of Ind ustrlal Rel=.t ions. A3TICLE II The CITY agreas to pay the E;16l~;E E3, at the fo', towing hourly rates as cgmpensat ion for the named professional services; 3-Man Survey Party 5149,00/hour 2-I4an Survey Party 5119.00/hour 3-,Man Survey Party '.v/Elect. Distance '^e as~.irinq Fq'r o. 5159.p0/hour 2-Man Survey Party w/Elect, Distance s'e as~.ir'~nq Equip. 5134,00/hour Senior Civil Engineer 555.00/hour Senior Desig n Orditsm qn 545.00/hour Draftsman 542.00/hour Key Punch Operator E24.00/hour The fee for the services stated in Article 1 shall not exceed $75,000. _3_ r/ . -~ < < The E.`7G I'IEER will bill the ': ITY '!onthly an ?mount em~al to the hour lv • rate!s? times the numbers of hours worked but not more than a oroport'.onal part of the fee for the work completed at the date of hillinq until all work has been completed and totally billed. ARTICLE III If the ~.aork is suspended indef finitely or abandoned prior to the completion of the Engine ring services set forth in this agreement, the r?TY agrees to pay the E`IG19EER, at the rates set forth ;n Exhibit "A", to the time of said susoens ion pr abandonment, which payment is to he the furl and fina~ settlement for all the wore performed by the ENGI VEER to said tinA_, and such work shall become the property of the CITY upon said payment. ARTICLE iV All terns, conditions and previsions hereof shad inure to and shall bind the parties herein, their successors and assigns. IN 'dITNESS WHEREOF, the parties hereto have executed this Agreement thr. day and year first above written. • CITY OF 4AiIC90 CUf.A'4DNGA OY: ATTEST: City C erk APPROVED AS TO FORM: M[LLS AND LSLL ASSOCIAT'cD E"l6INEERS R.c. '4i .s, President BY: City Attorney -4- 51 • • l,ll l yr tteuv~n~ ~~~r~:n~lvl,a ~~~utf MEMORANDUM ~~, ~. Y'~ 7 Y ~`~~ F 19' T0: City Council ~. FROM: Harry Empev, Finance Director•~~- SUBJECT: Closure of Trust Rcrounts Review of the Trust Fund has shown sever•ai accounts ready far closure and transfer to the General Fund. It is the ap pr•n prlate procedure when tome sasses to review and close cer•tair~ tr~a st accounts. Those accounts are listed below: RCTIVITV DRTE DESCRIPTION RMOUNT 10-06-78 Ho~.rsemovinp Permit 500.00 06-29-73 Traffic St ~.Id ies 400.00 I1-21-79 Pleuss-Staufer, Ir~c 7,688.53 1.-09-79 wall Cnr~st r~.iction 6.00 11-07-"79 Traffic St udv eaa. as 07-01-80 Fiscal Impact study 750.00 08-08-80 Jim Frost Recop r~it ir~ri 40.00 08-19-8: DKS Freeway Traffic 5tv N. 67 TOTRL 4. 185. cs The rc.l ,owing items, althw.mh not elipidle timewise, are c~~moletetl eecept for the Foothill St ad v. and i*, is rep uesced Lh at these monle5 also be transferretl to the General Fund to support the Foothill Blvtl Study. 07-01-82 industrial Specific Plan 35,081.31 05-13-62 EiR Terra Vista 10,048.64 01-S8-n3 EiR Victoria B, ssa. as TOTRL 53,623.95 SJ Somet ernes a prorect will collect rnonev cn trust only ca spentl more than ct collects. While thrs poes r,nt happer~ often. it does happen. Therefore rt cs recommended tnac the followcnp over expended accounts he netted against the aCeve rnent coned transfers ire order clear the aefccct cn • these few overspent trust acceurit s. 79-1 Rssessment Act 4. cab. iB Condemnation Rpreements c, 185. as Recreat con Accounts Summary 8. as Non-Departmental Differences 56. 5a TDTgL 6,457.68 The recommend atcon is to transfer the net of 44, 185. e0 plus f53. 629. 95 less 6, 457. ca to the General Fund to pe earmarked fnr the ropthili 81vtl St utl v. Thcs amounts to 451,357.47. • sY --° --- f iTI' Ofi R:1\CHO C[;C+1110\l:\ MEMORANDUM ~i^~.tt+~ ..- <,1~, ~., s. j~ _~~ ~,~ ; - ~. _ •~ x "= JA ~E: I'a rc'n 2E. :e'S 'O: 4a ny Emney, Director Of Finance FROh!: Gary '.i.Richards, Code Enforcement Officer' .,,..._cC?: RELEASE 7F 52500 CASE OE oOSii ?0 WILLIAh1 L'1071 COMPANY FO P, !!OGEE ~'OME SALES OFFICE PERMIT =RC-03E do rR for tr.e follrnai ng tract hzs been comoleted and the 52500 cash deposit is hereby authorized by the Planning Department for release to Tne lJilli am Lyon Company, 250 ;.rchibald, Suite B, Rancho Cucamonga, Cali;orpia 91730 'RAC' '. LO- ND. A1!O UIi- 0= P,ECEIP? ^iD. PURPOSE/LO CATI09 _--- ------ -nOSi ---- - - :'.?3, -„ S250G =23705 Sales Office/ f arzge Conversion on Lot 3 cf 'root 1193a Thank you for your assistance, and if you have any questions reca rdi nc this cash deposit reease oiease call. SWR: dos ___~ SS • vu a yr uraa.vuv ~. ~. a.nu+vn vr~ ~,~..rrp MEMORANDUM ;'~~~~ , r , x I3ny,~; { April 1T. 1985 -- g__ T0: City Manager Members oP City Council FAOM: Robert A. Rizzo Assistant to City Manager SUBJECT: Community Development Office Space Modification - Additional Nork Required • Necessary additional work is required for the modifications in the Community Development Department area (9330 A-E Base Llne), It xas found Chat the architect's dratringa did not include such Items as fixtures in the restrooms, a water heater to provide warm xater to the restrooms, and covering of various exposed walls within the structure. Also, a second phase was added in order to lessen disturbances of the workforce during construction time. The additional work needed Sn this area Ss not of the luxury type, These items are necessary to provide useable and productive work space. RECOMMENDATION Authorization to appropriate (5,902.00 for building modifications (01-245-T043), to allox completion of facility improvements in city offices unit 9330 A-E Ease Line. AAA:mk 1 U S~ Jon A '/~srp //~/\~ Gerea' So~~.,,G ;;^at'x l . ~UNO -. ..u~s.,ga '.a 3'-7C • ONTRACTORS April 2, 1985 ;,/ o: 3a.^.cho Cucamoaa 7720 Baseline 8ancho .:acamo nF a, 0a'_i°or^.ia 9173G Atte.~t io::: 3ob Ai zzo 9~: F.ancho Cucamonga raci'_ity Improveme^ts -Additional Work Hequirei - r~r ;ish and install adiitic :al. i aerlor wails: 1. 5'x3' wall at rear o£ storage. $ 120.CC _. 3'x12' wall at electrical pa::el. 240.00 ?. 9'x'_4' wall a*. rest rooms. 1:F„CG 4, ?'x12' call at rear exit. 240.00 c .remove & replace walls & frame for door reaz exit. 1:0.00 4. 3'x15' walls at concrete curbs - cmp, 's Lounze. j20.00 - Ai3 to'_1et, sink, mirror f exhaust fan cover is restroom. 700.00 3 y,f~ame doors & bar'waze in restrooms, employees' lounSe, - ~' ' 20 00 . Y room. uti ~i . - Afil s+s pe:aed eei li nr., eae 2'x4' L•'r.".t `i xture & sxitch i^ utility room. 210.00 Jhar.=e hollow-core door to soli'-core door :., fro -,t office, 30.00 :over docr with pa::e:i nd at rear exit. 50.GC - Adi self-c loci : F.ardware interior ^_lass icors. ~ 0.00 - glum ci ;.; k electrical plus o.:e 10 galle:; cater heater. 430.00 - ?ur2lsh B i^s'all one sink 4 faucet plus plumbicg in employees' lou nF e, 2a6.Cu' - Ada 20 amp. circuit & receptacles for refriGerator g appi'_ances in employees' lnu~ee, ]~O,OC - Add iasulat io:t at wall at southeast corner o` u.;it. A4,C0 - Add thermostats & replace 5 return air Grills that were mi ssinE from air conditioning system. 380.00 - Add exhaust fa.^. & electrical & ducting in employees' 1ounEe. 210.00' - Aid receptacle at cabi ^.ets''}r e°fice at southeast comer of unit. 50.C0 $4,252.00 Constructior. 0~, erhead - 20~ X0.00 $5,102.00 (Total con't on next pace) S7 Jon R Yourg ~ ~ c ; ~,-~: L.c:monga C a 9 ~' :d ~~/ 7tm 36`. ~75'% L.c. No asas,a ONTRACTORS • -z- - Add for 2 phase coastn:ctioa, cost o: additional trades move i:. and move out & reorganisation. ?00_00 TCfAL. ..... ,. $5, 9oz.oo +"ery truly yours, YCC:70 0`/cZ~/AC"jf~:'ORS ~~6 A ~Jn,1 R. Yu ~,~ ~ `/ • 58 -- CITY OF RANCHO GtiCA~IONGA ~ccA,ti,~ STAFF REPORT ti ~~°~~_ • Date: April 11, 1985 .~ ? z" To: City Council and City Manager - '^ ~ Fx om: Dick Mayer, Park Project CoordindtoTi ~._ F _ Z ~ > __ Subject: Approval of Avreement Petween the City of Rancho Cu _ __ 19?' camonga and the County of San Pernardino for the Recreati on a.l use of the Cucamonga Creek and Demens Creek Flood Control Right of Way CONS FNT CALENDAR ITEM 'S" BACK GR OIIND In order for the City and the Army Corps of Fngi nee rs to construct the recreational improvements required for the Cucamonga Creek project, it is necessary for the Ci[y to enter the attached contractual agreement with the San Pernardino County Flood control District to allow the recreational developments on their right of ways along the Cucamonga and Demens Creek areas. The agreement basically provides that the City assume all operation and maintenance of the recreational features developed for the Cucamonga Creek project, upon contractor completion and acceptance by the City of the completed project. The City must also maintain the District's Flood channel patrol roads, if used as bicycle paths, and all areas within District right of way, except the concrete channel, within Heritage and Cucamonga Cre ekside . parks. The City shall also be responsible for enforcement efforts against the use of unauthorized motor vehicles on the flood control right-of-ways. Finally, the City is to indemnify and hold the Dis trir. t, agents and employees, harmless from lia6i li ties, claims, oz expense arising out of the maintenance, operation or development work performed by the City. The term of the ogre ement is infinite and cancellable only if the recreational uses conflict with the basic flood control and water conservation purposes of the District. it it is determined such conflicts exist, the District shall give the City thirty (30) days to "cure" the conflict, after which the District shall have the ri.gh[ to terminate the agreement after sixty (60) days notification in wciti ng. The City shall have the right to remove any or all of the improvements installed within the Dis tx ict's right of ways. It should be noted that the District has not agreed hold the City, agents or employees harmless against their maintenance or operation activities should r, laims or expenses arise as a result of any negligence on their part. Discu esions with the City Attorney have indicated that, while a hold harmless r_lause is desirable, other legal processes are available to the Ci ty if action is necessary due to District negli Bence. The agreement has been reviewed and otherwise approved as to form by the City Attorney. R F.CbM MENDATION That the City Council approve the attachment with the San Pernardi ne County Flood Control District for the recreational use of the Cucamonga Creek and Demens Creek flood control right of ways. s9 ,.~`awi. rr.. \ ~~o a. °'ro e :i •`a [d+4 SAN BERNARDINO COUNTY FOR DISTRICT USE ONLY s++ s.,n+m mn c+~mr Flooe con onl o~n.~m can:.«t N~mn« - FIa of Con 1, 01 Ont,i[t Conlr a[t Rep•aY ntd l~vd Contra loi t li[mu M1umper WILLIAM M. LOLL INS, Chief Field En ineerin Division Rn.sa. 1025 s~a9.<umt vo. s~o opieet rvo. Fona No. pop No. nmo.,m of coon.[( FLOOD CONTROL DISTRICT e•on[l N,ma io=any[+[t nx mnr^.na nn. oarm.nt o, ,.cao<, moot. tn+ /ouowm9 STANDARD CONTRACT Cucamonga creek v vm.nn e,nm.o, Recreational Proie ct n t e n o oo„ ,< THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereafter called the District, and Nam. CITY OF RANCHO CUCAMONGA 9320 Baseline, Suite C Rancho Cucamonga, CA 91730 eno+. e~.m o,ta (714) 989-1951 Fdaa,tl ~p an d, sei~. s.[~~~rv vo hereafter called CITY IT IS HEREBY AGREED AS FOLLOWS: IUse space be/ow and additional bond sheen. Set IorM ttrvice [o be rendered. amount to be paid, manner o{payment, time Ior performance or completion, demrminarion pl sanslac tory peformanre and cautt for termination, other terns and condr (ions, and a(tach plans, specilicafiont, and addenda, r{ any. J • N I T N E S S E T H NHEREAS, U. 5. Army Corps oC Engineers and the City of Rancho Cucamonga through a Cost Sharing Agreement are installing recreation features and improve- ments along Cucamonga Creek and Demens Creek within Fl notl Control District rights-of-ways and within the city limits of CITY as shown on the at tachetl map marked Exhibit oA^, a copy of which Ss attached hereto and made a part of this agreement; and, NNEREAS, CITY desires to per Detuate recreational activity by operation and maintenance oC recreational features and imDrovementa along Cucamonga Creek and Demens Creek; antl, NNEREAS, CITY and DISTRICT do mutually desire to cooperate antl ,jointly partlcSpate in the operation and maintenance of the above said areas and desire to specify herein the responsibilities oC each to provide Cor said operation and maintenance; FA18503 ae•I e1S9.69/ Rar. 11/10 6 o Ray9 1 of 4 NOW, THEREFORE, THE PARTIES AGO EE AS FOLLOWS; • CITY SHALL: 1. Assume operation and maintenance of all recreation features and improvements installed within the scope of the Corps/City Project at the time of notice of acceptance by the CITY of the completetl Corps of Engineers Recreation Improvement Project. 2. Not construct or cause to De constructed, any improvements which will interfere with operation and maintenance of the DISTRICT'S flood control facilities. 3. Submit plans for recreational project to DISTRICT for review and comment. DISTRICT shall have 30 days to review any such plans and to comment thereon and approve or disapprove the same. Failure oC DISTRICT to do so shall De deemed to be aDProvel of those plans. A. Require contractor to secure a permit from DISTfl ICT prior to beginning oC construction. DISTRICT shall have 30 days in which to either issue any such permit or inform the contractor in writing why such permit may not be issued. • 5• Require contractor to name DISTRICT as an insured in public liability and property damage insurance required for project. 6. Show the modification of access structures, necessary removal and disposal of portions of existing access structures, relocation of existing signs, and installation oC atlditi oval signing on the approved plans. All such work shall be acc omplishaA as a part of the recreation project at no cast to the DISTRICT. '/. Meet with DISTfl ICT after plans are approved and determine precise areas of CITY maintenance, DISTRICT maintenance, and Joint mainte- nance. A drawing deltneati ng Lhe various maintenance areas shall be prepared and shall be accepted by the governing bodies of both entities as an addentlum to this agreement. 8. Protect the debris retention areas of the basins from public trespass. In the Debris Ra sin areas only equestrian ac tivitles will be allowed. Special fencing or other means oC delineating equestrian use area will be used to bar recreation area users from retention area oC Lhe basins and the access roads thereto. • FALR503 G/ Page of 4 • g. Upon 14 tlays notice to CITY, allow DISTfl ICT to close all or any part of recreation facilities to the public during storm maintenance activities, during routine maintenance work, dur ind the time work is being performed in accordance with permits issued 6y DISTRICT, and to insure public safety during severe storm conditions. Fourteen-day notice not applicable to emergency maintenance or repair situations. 10. Maintain the DISTRICT'S patrol road if also usetl as a bicycle path. 11. Maintain all of the areas within DISTfl ICT rights-of-way ex ceDt for area of the concrete channel structure within the area of Heritage Park and Alta Cuesta Park. 12. 6e responsible for pick-up and disposal of all trash withln areas utilized by the public for recreational purposes pursuant to this agreement. 13• Be responsible for policing efforts to Drohibit motorcycles, three-wheel recreational vehicles and motor vehicles from using recreational areas. • 14. De tend, indemnify and hold the DISTRICT, its agents and employees free and harmless from any liabilities, claims, or expense arising out oC the maintenance, operation, or other work as agreed to be performed herein by CITY. OISTR ICT SHALL: 1. Continue to operate and maintain concrete channel facilities through Lhe areas involved; and, 2. Continue to operate and maintain patrol roads located on both sides of Lhe channel; and, 3• Not unnecessarily construct or cause to be constructed, by their express action, any facilities which will interfere with operation antl maintenance of CITY'S facilities which will Oe used for park antl recreational activities. NON THEflEFOR E, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. Use of the right-of-way for the Cucamonga and Demens Creek Channels for bicycle, aqua atrian and pedestrian trail uses shall be subordi- nated to the basic flood control and water conservation purposes • of the areas as determined by the Diatr ice's Chief Engineer and shall in no way conflict with these Durposes. The District's FA1 8503 Page 3 of 4 (o l Chief Engineer reserves the right to cancel any specific use • should, in his opinion, there develop a substantial incompatibility between recreational uses and flood control and water conservation uses arising from any cause whatsoever. Said use shall be termi- nated 60 tla ys after notification in writing by the District's Chief Engineer after a 30-day oDDOrtunity to ^cur e" the conflict is given to the City. If any use is terminated pursuant to the provisions of this paragraph 1, CITY shall have the right, at its sole option, to remove any physical recreational facilities from the area in question at its sole cost and expense. Area shall De left in a reasonably neat and graded manner. THIS AGflEEMENT shall inure to the benefit of and be binding upon the succes- sors and assigns of Doth parties. IN WITNESS THENEOF, the parties hereto have caused this agreement Lo be executed by their resDec five officials thereunto duly authorized. • SAN RERNARDINO COUNTY FLOOD CONTROL DISTRICT Chairman, Roard of Supervisors Dated .. .. ATTESTED: Secretary of the Flood Control Distr~rt^ Address 400 rOrM dF 10 '~e9el FOIm ^rv~ew.n m m 4n~.m ni.+ 4<nOn ~9a~=~~r. oro ora..on ~.~~,oa+o arc, 0y ~ __.._ rAUfnu n}na S~gnaru rep Dated Title C9u nlY CO. v,i o.i. eT~l e4e9~691 ^.r. Illeo o.,. G R.ri.rvfn 1"r PrO C. F,~nO • 40.np 4a mingtr4tar'CAO e.<. -~~~°o ~ J LCCATICN AND KEY MAP S:+.E ~ w iri ~: ~T~ ~ }~ ~ as ~r Gy SCJtC i ~rv . i ui ", -= A • CITY OF RANCHO CUCAJfO;vGA STAFF REPORT `` ~~cnarot 7 z~r , ~ \.; _±~~~ v `~ > 197_ • DATE: April 11, 1985 TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopment Analyst SUBJECT: OWNER PARTICIPATION AGREEMENT 85-01 BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND KANTER AND FOOTHILL PROPERTY Attached for your consideration is Owner Participation Agreement 85-01 for a proposed commercial shopping center development at the northeast corner of Foothill Boulevard and Ramona Avenue. the applicant is requesting, through the submitted Agreement, that the City consider forming an assessment district for the financing of those public improvements (sidewalks, landscaping, lighting) which are to be constructed appurtenant to the proposed prof ect site. This Agreement has been reviewed and staff is recommending changes which are identified in the document. These recommended changes involve providing more specific language pertaining to the assessment district and the types of public improvements that are to Constructed. Also involved is the elimination of language pertaining to the formation of a maintenance district since this is a matter that would be handled as a separate matter from this Agreement. This Agreement has also been reviewed by the Redevelopment Agency of the City of Rancho Cucamonga in relation to its particfpat ion in the possible issuance of a Certificate of Participation program for the development of the site. RECOMMENDATION: Staff recommends that the City Council approve the Owner Participation Agreement by authorizing the Mayor to execute the Agreement. Resp'ctfuljy~ubmitted, Jack Lam, AICP -- Community Development Director JL:LD;ns 8S OWNER PARTICIPATION AGREEMENT by and between u THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA~ THE CITY OF RANCHO CUCAMONGA RANTER AND FOOTHILL PROPERTY and SL • TABLE OF CONTENTS Page I. (5100) PURPOSE OF AGREEMENT .............. ........1 II. (5200) DEFINITIONS ...............................2 A. (5201) Agency .................................2 B. (5202) City ...................................2 C. (5203) Participant ............................3 D. (5204) Redevelopment Plan ........ .............3 E. (5205) Project Area ...........................4 F. (5206) Site ........................ ... ........4 III. (§300) PREPARATION, SUBMITTAL AND APPROVAL OF DEVELOPMENT PLANS AND PARCEL MAP..........4 A. (5301) Responsibilities of Agency • and Pa rticipant ........................4 IV. (§400) FINANCING OF IMPROVEMENTS ON THE SITE.....5 A. (5401) Certificates of Part icipation..........5 (1) General ........................5 (2) Responsibilities of Agency and Participan t ................6 B. (5402) Assessment District ....................? (1) General ........................7 V. (5500) CONSTRUCTION OF IMPROVEMENTS . .............9 VI. (5600) DEFAULTS AND REMEDIES ....................10 A. (5601) Defaults - General ....................10 B. (5602) Rights of Te rminatio n .................10 (il 87 700) GENERAL PROVISIONS II 1 11 • . V 5 ....................... A. (5701) Notices, Demands and Commun ications... ll B. (5702} Approvals by Agency, City and Participant ....................... 12 C. (5703) Schedule of Pe rformance ............... 12 D. (5704) Con£l ict of Interests ................. 13 E. (5705) Nonliability of Agency Officials and Employees . ........................ 13 F. (5706) Entire Agreement, Waivers and Amendme n[s ............................ 13 G. (5707) Time for Acceptance of Agreement by Agency ............................. 14 u • (ii) gd • OWNER PARTICIPATION AGREEMENT This Agreement is entered into this day of _, 1985, 6y and among the REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA ("Agency"), the CITY OF RANCHO CUCAMONGA ("City"), and KANTER AND FOOTHILL PROPERTY, a California limited partnership ("Participant"). I. (§100) PURPOSE OF AGREEMENT. The purpose of this Agreement is to implement the Redevelopment Plan for the Rancho Redevelopment Project ("ProjecC") by providing for the development of a neighborhood shopping center consisting of approximately • forty-five thousand (45,000) square feet of commercial space, along with parking, landscaping, and related uses on certain hereinafter-described property owned by Participant and located within [he Rancho Redevelopment Project Area, Par- ticipant has agreed to participate in the redevelopment of the Project Area in conformity with the Redevelopment Plan by entering into an agreement with Agency to effectuate such participation, Agency has agreed to consider the issuance of private activity industrial development bonds to assist in financing Participant's project. Agency has further agreed to use its best of fo its to cause City to form one or more assessment districts to finance certain associated public improvements pursuant to the Municipal Improvement Act of -I- 89 1913 (Streets and Highways Code Section 10000 e[ seq•), and • City has agreed to undertake such proceedings, subject to the terms and conditio ns set forth herein. II. (5200) DEFINITIONS. A. (§201) Agen cY. The term "Agency" shall mean the REDEVELOPMENT AGENCY OF THE CITY OE RANCHO CUCAMONGA, a public entity organized and existing under Chapter 2 (Health and Safely Code Section 33100, et seq.) of the California Community Redevelopment Law and having its office at 9320 Baseline, Suite "C", Rancho Cucamonga, California 91730. The term "Agency" includes any legally permissible assignee or succes- sor to the rights, powers, and responsibilities of the Rede- • velopment Agency of the City of Rancho Cucamonga. B• (5202) City. The term "City" shall mean the CITY OF RANCHO CUCAMONGA, a public body, corporate and politic, organized and existing under the laws of the State of California and having its office at the Rancho Cucamonga City Hall, 9320 Baseline, Suite "C", Rancho Cucamonga, California 91730. The term "City" includes any legally permissible assignee or suc- cessor to the rights, powers and responsibilities of the City of Rancho Cucamonga. • _2_ 40 • C. (§203) Participant. The term "Participant" shall mean KANTER AND FOOTHILL PROPERTY, a California limited partnership, having its offices at 16882 Bolsa Chica Street, Huntington Beach, California 92649 and 246 Indian Hill Boulevard, Claremont, California 91711. Participant is [he owner of the Site and qual- ifies as an "owner participant" within [he meaning of the Rancho Cucamonga Redevelopment Plan and the California Commu- nity Redevelopment Law (Health and Safety Cvde Section 33000, et seq.). The term "Participant" includes any legally per- missible assignee or successor to the rights, powers and re- spo ns ibilities of Kanter and Foothill Properly. Participant • shall not (1) transfer or encumber the Site prior to issuance of a Cer[if irate of Completion by Agency, or (2) assign any of its rights or obligations untler this Agreement without prior written approval from Agency. D. (5204) Redevelopment Plan. The term "Redevelopment Plan" shall mean the Redevelopment Plan for the Rancho Redevelopment Project, adopted on December 23, 1981, by Ordinance No. 166 of the City Council of the City of Rancho Cucamonga. The Redevelop- ment Plan and Ordinance No. 166 are incorporated herein by this reference as though set forth in full. L J -3- 9/ E. (5205) Project Area. • The term "Project Area" shall mean the Project Area for the Rancho Redevelopment Project. The exact bound- cries of the Project Area are described in the Redevelopment Plan and are incorporated herein by this reference as though fully set forth. F. (5206) Site. The term "Site" shall mean that approximately 4.4 acre portion of the Project Area on which the neighbor- hood shopping center described in Section 100 will be con- structed, the legal description of the Site being set forth in Exhibit "A" hereto. III. (5300) PREPARATION, SUBMITTAL AND APPROVAL OF • DEVELOPMENT PLANS AND PARCEL MAP. A. (5301) Responsibilities of Agency and Participant. Participant shall be responsible for preparing adequate development plans for the neighborhood shopping cen- ter described in Section 100 and submitting the development plans to Agency and City for approval within the times set forth in the Schedule of Pe rformanee (Exhibit "B" hereto). Agency's and City's consideration of Participant's develop- mene plans shall take place within the times set forth in the Schedule of Performance (Exhibit "B" hereto). Participant's development plans shall be developed in accordance with the City's General Plan and Development Code and Agency shall use • -4- 9y • its best efforts to assist Participant in obtaining all necessary governmental approvals for the development of [he SitB. IV. (§400) FINANCING OF IMPROVEMENTS ON THE SITE. A. (5401) Certificates of Partic ioation. (1) General. Agency agrees to use its best efforts and Participant agrees to cooperate in securing conduit financing for the construction of Participant's building and appurte- nant structures within the neighborhood shopping center through a conduit financing by Agency, Nothing herein shall • be construed as obligating Agency to issue private activity industrial development bonds for Participant's project if it does not have a sufficient allocation of bonding authority to do so. In this regard, Participant recognizes that Agency has previously entered into agreements which obligate Agency to issue such private activity industrial development bonds up to the amount Of its current private activity bond limit. Participant may arrange for the transfer to Agency, with the Agency's consent, of excess private activity bond authoriza- tion Erom some other local agency or for a transfer of a por- tion of the State bond limit. Such transfer shall be the sole and exclusive responsibility of Participant and nothing herein shall be construed as obligating Agency to obtain such transfer. -5- ~ 7 (2) Responsibilities of Agency and • Participant. In the event Participant is able to arrange for the transfer to Agency of excess private activity bond authorization from some other local agency or for a transfer of a portion of the State bond limit, Participant shall submit an application to Agency, and Agency shall adopt a resolution authorizing the issuance of certificates of par- ticipation in the amount of the transfer, up to a maximum of Three Million Five Hundred Thousand Dollars ($3,500,000), for the purpose of financing all eligible development costs for the neighborhood shopping center to be constructed by Partic- ipant on the Site, all within the times set forth in the Schedule of Performance (Exhibit "B" hereto). Agency will • use its best efforts to obtain all necessary approvals. As consideration for Agency's efforts in obtaining all necessary approvals for the issuance of certi- ficates of participation and issuance thereof, Participant shall pay Agency a fee in an amount equal to one-half of one percent (1/28) of the proceeds of the issue. Participant shall pay said fee as follows: (i) the sum of Two Thousand Five Hundred Dollars (52,500.00) has previously been paid, and Agency acknowledges receipt of such amount; (ii) an addi- tional amount equal to one-fourth of one percent (1/48) of the amount specified in Agency's inducement resolution shall be paid at the time the inducement resolution is adopted; and • -6- ~r • (iii) the remaining balance of the fee shall be paid at the time the proceeds from the issue are received by Participant. B. (5402) Assessment District. (1) General. Following the submittal and approval of its Development Plans pursuant to Section 301, Participant at its option may submit to City a landowner's petition for the formation of an assessment district pursuant [o the Municipal Improvement Act of 1913 (Streets and Highways Code Section 10000 et seq.), to finance the construction of any and all up h11c eligible improvements ad iaeene ['! iw= ~- arP kw~ =~-'~., including ~.parJCa~g~ landscaping, light- . ing, sidewalks and related public improvements. Any such petition shall contain a waiver of the necessity for majority protest proceedings. Agency agrees to use its best efforts [o cooperate in causing City to form such assessment district and City agrees to undertake such proceedings and to form the district provided that City has received reasonable assurance from its bond counsel or other advisors that the sale of assessment district bonds is legal and proper and Ci[y will incur no general obligation or liability therefrom. Participant may be required to enter into an agreement with City to advance monies to City upon demand to pay for engineering, legal and consulting services, required by City in the formation of such assessment district and preliminary to financing the construction of public _7_ 9s improvements contemplated by the formation of the assessment • district. Upon completion of the assessment district pro- ceedings and [he successful sale and delivery of bonds, City shall reimburse Participant the full amount advanced by Par- ticipant to City Erom the bond proceeds, provided such funds are available and to the extent such reimbursement is other- wise legally permissible. Upon receipt of proceeds from the sale of the assessment district bonds and after receipt of invoices accompanied by supporting documentation from City, Partici- pant shall reimburse City for its direct administrative expenses incurred with respect to the administration of the assessment district formation in an aggregate amount not to i • exceed E ghteen Thousand Dollars ($18,000.00). As used herein, the phrase "direct administrative expenses" includes allocable expenditures for employee salaries and staff time. In addition to the foregoing, upon receipt of proceeds from the sale of the assessment district bonds, Participant shall promptly pay to City an amount equal to one-quarter of one percent (1/48) of the proceeds as compensation for City's effort in obtaining all necessary approvals for this conduit financing. .. }~- - - • -8- 9t V. (5500) CONSTRUCTION OF IMPROVEMENTS. Participant shall a[ its sole cost and expense commence and complete construction of all improvements to be constructed on the Site within the times set forth in the Schedule of Performance (Exhibit "B" hereto). In the event City forms an assessment district and sells assessment district bonds pursuant to Section 402, Partici- • pant and its general contractor shall have the right to match oc better the bid submitted by the lowest responsible bidder Evr the public improvements Co be constructed ~an~-a~jeeent ~.~. Thereafter, City or, iE the contract is awarded to Participant or its general contractor, Participant shall cause the construction of all public improvements -en-end-ad- to be commenced and completed on a sched- ule which coordinates with the schedule for the private improvements, as provided in the Schedule of Performance. _g_ 97 VI. (§600) DEFAULTS AND REMEDIES. • A. (§601) Defaults - Ge re ral. Except as otherwise set focth herein, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of default to the party in default, specifying the default com- pla fined of by the injured party. Failure or delay in giving • notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, a failure or delay Dy either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive any such party of its right to institute and maintain actions or proceedings which it may deem neces- sary to protect, assert or enforce any such rights or reme- dies. B. (S 602) Rights of Termination. In addition to whatever remedies Participant may have at law or in equity, Participant may terminate this • -10- 98 • Agreement after a period of thirty (30) days following writ- ten notice within which to cure if either Agency or City (1) fails or refuses to timely approve Participant's Development Plans (Section 301), (2) fails or refuses to issue and sell [ax-exempt financing for development of [he Site (Sections 401 and 402), or (3) commits a male rial default under any provision of this Agreement. In addition to whatever reme- dies Agency or City may have at law or in equity, either Agency oc City may terminate this Agreement after a period of thirty (30) days following written notice within which to cure if Participant commits a material default under any pro- vision of this Agreement. In the event of a termination for such cause or causes, no party shall have any further rights • or liabilities to any other party hereunder. VII. (§700) GENERAL PROVISIONS. A. (§701) Notices, Demands and Communications. Formal notices, demands and communications among Agency, Ci[y and Participant hereunder shall be suffi- ciently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Agency, ^_ity or Participant, as set forth in Sec- [ions 201, 202 and 203, respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices, -11- 97 etc. shall be deemed received within three (3) business days after mailing. B. (5702) Approvals by Agency, Ci[y and Participant. Except as elsewhere specifically provided herein, wherever this Agreement requires Agency, Ci [y or Par- ticipant to approve any contract, document, plan, specifi- cation, drawing or other matter, such approval shall no[ be unreasonably withheld. C. (§703) Schedule or Performance. Agency, City and Participant shall take the required actions under this Agreement within the times speci- fied in the Schedule of Performance (Exhibit "B" hereto) (with the understanding that neither City nor Agency are • obligated by this Agreement to approve any matter reserved for its or their legislative discretion). This Schedule of Performance may be revised if mutually agreed upon in writing among Agency, City and Participant. The Executive Director of Agency and the City Manager of City shall have the author- ity on behalf of Agency and City, respectively, to agree to extensions of time for a cumulative total not to exceed two (2) years. The Schedule of Performance shall be as set Eorth in Exhibit "B" to this Agreement, which is incorporated here- in by this reference as though set forth in full. C~ -12- /oo D. (§704) Conflict of Interests. No member, official or employee of Agency or City shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to this Agreement, which is prohibited by law. E. (§705) Nonliability of Agency and City Officals and Employees. No member, official or employee of Agency or City shall be personally liable to Participant, or any suc- cessor in interest of Participant in the event of any default or breach by Agency or City or for any amount which may become due to Participant or any successor on any obligation under the terms of this Agreement. F. (§706) Entire Agreement, Waivers and Amend- ments. This Agreement includes sixteen (16) pages and two (2) exhibits, which constitute the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions menGio ned herein or incidental hereto, and super- sedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of [he provisions of this Agree- ment must be in writing and signed by the appropriate offi- cials of both parties, and all amendments hereto must be in CJ -13- ~a writing and signed by the appropriate officials of both par- . ties. G. (5707) Time for Acceptance of Agreement by Agency and City. This Agreement, when executed by Participant and delivered to Agency and City, must be authorized, execut- ed and delivered by Agency and City within thirty (30) days after the latest date of signature by Participant or this Agreement shall be void, except to the extent that Partici- pant may consent in writing to further extensions of time for the authorization, execution and delivery of this Agreement. The date Of this Agreement shall be the date when the Agree- ment shall have been signed by Agency which date is the date set forth next to the signature on behalf of Agency. • DATED: , 1985 REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA HY: CHAIRMAN "AGENCY" • -14- ~o +- • DATED: , 1985 CITY OF RANCHO CUCAMONGA BY MAYOR "CITY" KANTER AND FOOTHILL PROPERTY DATED: 1985 GARY KANTER, an individual, a general partner BY: Gary Kanter DATED: , 1985 FOOTHILL PROPERTY A LIMITED • PARTNERSHIP, TISE-CLAREMONT A GENERAL PARTNER, a California limited partnership R. L. ARCI NAGE INC., d.b.a. TISE-CLAREMONT, a general partner BY: R. L. Arcinage, President "PARTICIPANT" -15- /03 APPROVED AS TO FORM: • BEST, BEST 6 KRIEGER By: Jo n E. Brown Attorneys for Rancho Cucamonga Redevelopment Agency RUTAN S TUCKER By: Jeffrey M. Ode rn;an Attorneys for Patt icipant • -16- boy , • ExRIB1T ^B^ SCREDOLE OF PERFORMANCE Dates shown in [his schedule are estimates mnly and the parties mutually agree [o use [heir best efforts to meet all deadlines. In [he even[ of uafore- aeen ci rcumst antes, the parties reserve the right [o axnd [he estimated dates ac needed. PERPORMANCE DATE 1. Execution of Agreexn[ and Agency ADProval of Inducement Resolution qp ril l7, 1985 a. Ag reemenc authorized, axe toted and delivered 6y Developer [o City/Agency. b, City/Agency authari yes and executes Agreement. t. Agency approval of Inducement Resolution. • d, Developer deposits required Eee with Agency. 2. Dave lover/pgenty Solicit Industrial Developmeo[ Bond Allocation May 1, 1985 Developer and pgenty cooperatively solicit and secure [he transfer of private acCiv icy band allocations, 7. Agency Seeks Appropriate APProvale, as necessary May 5, 1985 Agency prepares and submits [o appropriate au [horn ies~ es required by law, a request Eor approval of [he issuance of Developer requested certificates of participation. 4. Assessment District Pe [ition Filed with City May 15, 1985 Developer submits bound arias petition with Ci[y requesting the forma ci on of an assessment district Loge Cher with parcel map for City approval. ~r 1 u B-1 /oy a ESfl IBIT "B^ SCREDULE OF PERFORMANCE (con[inu¢d) PERFORMANCE 5. Coos[ruc[ion DrawinRe and Build iog Permits Developer shall submit final drawings and plans for the issuance of building pe rmics. 6. Plane and Specifications for OfE-Site Improvements Developer shall deliver to the Ci[y [he plans and specifications for [he cff-site improvements. 7. Approval - Fioel DCAYinga and plap• City shall approve, cond icionally approve, or disapprove the final dray in gs and plans and related documents, including [he initial plan check. DATE May I5, 1985 May 15, 1985 July 1, 1985 8. CityJDeveloper Auessmeat District Agreement July 3, 1985 City aD proves an assessment district agreement with Developer and Developer advances funds to the Cicy to pay Eor engineering, legal and con salt ing services, with subsequent reimbu rsemenc from the proceeds of bonds. 9. City ApDrove• Parcel Maw July 10, 1985 City Planning Commission approves parcel map identifying public and private perce ls. 10. Developer Re-submite Correc cad PLaa July 15, 1985 Developer shall revise building plans and resubmit Co City, • B-z lo¢e • EENIEIT "B" SCBEDULE OP PERFORMANCE (continued) PERFORMANCE DATE 31. Cit9 Undertakes Proceediv¢ [o Form Assesemev[ Diitrict July I7, 1985 Agency and City cooperate in causing Ci[y to fo cm assessment district and [o ands crake necessary proceedings. 12. Developer Submits Ccedit Enhancement and ARenc Conducts TEFRA Nearing July 17, 1985 Developer shall submit credit enhancement for Agency rev iev and approval and Agency conducts TE FRA hearing for sale of Ce rtificaces of Participation. . 13. Issuance of Building Pe rmita City shall issue building permits based upon satisfactory completion of building plans re-check. 14. Developer lmprovemen[s Conatructioo Developer shall use best efforts to commence cause rut tion of the developer required improvements. 15. Public I~Drovemen to Construction City shall commence construction of off- site public imp rovemen[s. 16. City Avarda Sele of Asse •ament Dietr ict Bonds City evards the sale of case asment district bonds, deposits proteeda far payment of authorized expenses, and developer deposits required fees vi[h City. August 15, 1985 August 15, 1985 August 15, 1985 September 4, 1985 e-3 /OYC EI8161T "B^ SCBEDOLE OP PERFORMANCE (continued) PERFORMANCE 17. Agency Sale of Ce r[ifieatee of Partitipal ion ggency awards [he sale of Cer[if is aces of Yarticipacion and developer deposits appro- priate fees with Agency. 18. Comp le [iop of ConRructioo - Demme loper Developer shall complete the construction of the firs[ phase. I9. Completion of Comatrut[ion -City City shall substantially complete the construction of public improvements. 20. Certificate of Completion City/Agency issues a certificate of completion for the first phase of [he developmen [. DATE September 4, 1985 December 1. 1985 December I, 1985 December 15. 1985 e-4 /ON Q • • RANCRO COCANONGA PROJECT GARY RANTER ASSOCIATES LEGAL DESCRIPTION PARCEL N0: A PARCEL 2 OF PARCEL MAP 8100 RECORDED IN BOOK 85 OF PARCEL MAPS, PAGES 5 AND 6, RECORDS OF SAN BERNARDINO COUNTY. PARCEL NO: B THE WESTERLY 175 FEET OF THE SOUTH 276.78 FEES OF THE SOUTH 1/2 OF THE NEST 1/2 OF iNE SOUTHEASI 1/4 OF THE SOUTHNEST 1/4, SECTION 2, TOWNSHIP 1, RANGE J WE57, SAN BERNARDINO BASE AND MERIDIAN. E%CEP7 THEREFROM ANY PORTION LYING NITHIN FOOTHILL BLVD. ADJOINING ON THE SOUTH AND RAMONA AVENUE, ADJOINING ON tXE WEST. /O'IC n ~ W PARCEL MAP NO. BIOU lfJ (nE 0/TY OF RANCHO CUCAh'OhGA, CIX/NTY OF .SAN HERNARDINO STATE OF CALIFORN'A C / Q UEYRE( [ S Z9dB ...., ., _...,, a.,o,. ...°... o. '.~ 1 - f surrono s*ec[t . , ••••,.•• r :+ii r.~. ~S'CL'f .+. .....~:..r. ~ u ....w :` ° ~` ~ I I _. I is _. .... ~ ~I' r~ ___ iFS ~, ;j ....~ ,4; . ' ~S'b I~ I ~ Pki i I: ; ~ '{ .~ i ;^ r ~ ; ~ i::e y ,~o :~: i z Q a Iw _ \ I ~ t :y'° i i ~ z lei w j; ~ + ~ r . ~ 1; i 47 p; ^; i L A r:7_.9 .,.~~~_~_ __ __..._.~___ 9_.1,,9 ~I,~rIY / ~Gll: _ :4otniu soup ,y,. iJ i,..,. .. -.' •~'. •-.r rs ,nm T ~{- a I ye .~ . wr•l.. .u ... ..rw , ~ Ir M1••y~a .e.i.~• • • /o~J f wrn nn n~.n, •rnw.n w \J STAFF REPORT z x <o ~~ '> ~~ '~ x ~,~ 19%7 GATE: April 17, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEN 85-01 - TAC DEVEL MENT - the development of a senior citizen housinghousing pro3ect totalling 168 apartment units on 4.15 acres of land in the Medium Residential District (proposed High Residential/Senior Housing Overlay District) to be located on the west side of Amethyst, north of 19th Street - APN 201-232-24. BACKGROUND: The City Council held a public hearing an April 3, 1985 to consider the above described item. This item was continued to coincide with the adoption of the related Development District Amendment and approval of the Development Agreement, also on tonight's agenda. A Resolution of Approval has been attached for your review and consideration, consistent with the Planning Commission recommendations. RECOMMENDATION: The Planning Commission recommends that the City Council approve Development Review 85-01 through adoption of the attached Resolution and issuance of a Negative Declaration. lly submitted: RG:OC:ns Attachments: Planning Commission Resolution 85-44 City Council Resolution of Approval with Conditions /O ~ _ RESOLUTION N0. 85-44 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMM[SS ION APPROVING DEVELOPMENT REVIEW N0. 85-01 LOCATED ON THE WEST SIDE OF AMETHYST, NORTH OF 19TH STREET IN THE HIGH RESIDENTIAL DISTRICT WHEREAS, on the 15th day of January, 1985, a complete application was filed by TAC Development Corportion for review of the above-described project; and WHEREAS, on the 27th day of March, 1985, the Rancho Cucamonga Planning Commission held a meeting to consider the above-described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following can be met: That the proposed project is consistent with the objectives of the General Plan; and . 2. that the proposed use is in accord with the objective of the Development Code and the Durposes of the district in which the site is located; and 3. That the proposed use is in compliance with each of the applicable provisions of the Development Cade; and 4. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on March 27, 1985. SECTION 3: That Development Review No. 85-01 is approved subject to the following conditions and attached Standard Conditions: ~pC PLAN4ING DIVISION • 1. Existing Eucalyptus trees shall 6e retained wherever possible and grading plan adjusted accordingly. Trees shall be trimmed and topped. A Tree Removal Permit shall be obtained prior to approval of rough grading plan for those trees that must be removed hec ause of structures or paving. A plot plan of existing Eucalyptus trees shall be submitted with the Tree Removal Permit, Showing their precise location and size. Said plan shall take into account the proposed grading, what trees are to be retained, trimming methods, and where new trees will be planted for replacement of removed trees. 2. The recommendations of the acoustical engineer, with the proposed freeway, shall he strictly adhered to as described in the Noise Assessment dated February 21, 1985. 3. Dense landscaping including 15 gallon size evergreen trees Spaced 1S feet on center, shall be provided along north, south and west boundaries, (existing Eucalyptus trees preserved may be credited toward this requirement). 4. Special landscaping treatment shall be provided between Amethyst and Building 1, particularly around the edges and within the basin, including mounding and specimen-size trees. 5. A continuous wrought iron fence, or similar, shall be provided around the basin for safety Durposes. • 6. Fencing shall be provided around the entire project For security including security gates and "Knox" boxes at both accesses from Amethyst. Details shall be reviewed and approved 6y the Foothill Fire District and Sheriff's Department. 7. A minimum five (5) feet of landscaping shall be provided on both sides of the project entrance. 8. Canopy shade trees shall be provided throughout common open space area. 9. Applicant shall contact U.S. Postal Service to determine if mail boxes can be provided in the lobby of each building for proximity to residents. 10. Cupboards, countertops and a sink shall be provided in each activity room of the recreation building. 11. Approval of Development Review 85-01 is granted subject to approval of General Plan Amendment 95-018, Development District Amendment 85-01. r~ L /0'J Planning Commission Resolution Development Review 85-01 Page A3 • 12. Approval of Development Review 85-01 is granted subject to approval of a Development Agreement granting a den isty bonus to allow the project density not to exceed 35.4 dwelling units per acre, and the parking ratio shall not be less than 1 space/unit. 13. A detailed exterior lighting plan shall he submitted indicating adequate on-site lighting of common areas, walkways and parking areas. 14, Safety features and materials shall be provided, including skid resistant materials in sidewalks, patio areas, stairs; handrails on stairs or paved grades; and bathroom fixtures. 15. Curb cuts and •wheel chair ramps shall be provided in site design for limited mobility or non-ambulatory residents. 16. Pedestrian safety features shall he provided, including, clearly marked walkways, adequate lighting, and designated crosswalks in parking areas, and use of pedestrian signs. 11. Additional trash enclosure shall be provided west of building 3 and 4. 18. Along-term maintenance plan shall be submitted to the Planning • Division for review and approval prior to issuance of building permits pursuant to the Senior Housing Overlay District Administrative Guidelines. 19. Recreation building multi-purpose room shall provide a minimum ten (10) square feet per apartment unit. 20. Panic button shall be provided in each bathroom. 21. Handicapped units and access shall be provided is required by State law and Uniform Building Code. 22. Parking spaces shall be assigned in proximity to each apartment unit and clearly labeled. 23. A pet area shall be provided outdoors with suitable fencing with pet run facilities. ENGINEERING D[V IS[ON: 1. Developer shall provide additional pavement on east side of Amethyst to provide for left turn pocket into proposed development. 2. On-site retention basin shalt be provided to the satisfaction of City Engineer and Building Official. The precise design is subject to final plan check approval. io 4 Resolution Yo. 85-44 "rage 4 APPROVED AND ADOPTED THIS 27th DAY OF MARCH, 1985 PLAN NG C 9MISS ION OF HE CITY OF RANCHO CUCAMONGA BY: enm ~ Stout, airman ATTEST: Rick Gomez, Deputy Secretary I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Cammissf on of the City of Rancho Cucamonga, at a regular meeting of the Planning Conmission held on the 27th day of March, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: STOUT, CHITIEq, BARKER, MCNIEL, REMPEL NONE NONE • \J • X09 __ _- c~' _ 'c3 ~ _ _ __ ~~_ ~O: _ _ _ ~~_ $c' a5' c~i -_ -' - __ __ _ cd .: c _ _ __ __ _ ;ea- - _- < _ __ _ _ _`8„_ - _ _ _ _ o • a ~ o d . 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E d. mow a- < s ., X0-9 Ha • e \ \ \ a • //S' -~ -L~ z Y d O 6 • ~E n I = _ ` - T II J a _ r ~ I ~~ _ a _ ~~~ u - v y r __ v. n I _ ~ r u - d c ~ _ n _ n •_ ~ ~w q M ` L -u r ov ^ d _ ~ .~ - c _ a n ~ I _ • r c ~_ ~ _ .~ __ _ - " _ .. r o _ < c ~ _ E „ _ __ Vic„ I _ _ _ _ _ _ _ _ - _ _ G ~_ ~ ~~ _ - _ - - p b. - q - - 9 ~ .., - a .a a _ ., ail ~ ~ ~ ~ ~ ~ _ 9 r E ~ I ~ I ' I ' I I ` I I I Ty -~ ~ < oo &°~ &`-„~ v .o a-., I • E9 r a.. ..~ • ml al of ~I I ~ l \I \I\I ^I 51 I NI ~ /~ ~ s ' ti • RESOLUTION NO. -P"~f7-T7t" 8S - i'~ ii9 A RESOLUTION OF CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING DEVELOPidENT REVIEW N0. 85-01 LOCATED ON THE 'REST SIDE OF AMETHYST, fIORTH OF 19TH STREET IN THE HIGH RESIDENTIAL DISTRICT WHEREAS, on the 15th day of January, 1985, a complete application was filed by TAC Development Corporation for review of the above-described project; and WHEREAS, pn the 27th day of March, 1985, the Rancho Cucamonga Planning Commission following a public hearing, recommended approval, and this City Council has held a public hearing and duly heard and considered said recommendation. NOW, THEREFORE, the Rancho Cucamonga City Council resolved as follows: SECTION 1: That the following can he met: 1. That the proposed project is consistent with the • objectives of the General Plan; and 2. That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and 3. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. That the proposed use, together with the conditions appiicab le thereto, will not be detrimental to the puhl is health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on April 17, 1985. SECTION 3: that Development Review No. 85-01 is approved subject to the following conditions and attached Standard Conditions: PL RNN NING DI'JiSION 1. Existing Eucalyptus trees shall be retained wherever possible and grading plan adjusted accordingly. Trees shall be trimmed and topped. A Tree Removal Permit shall be obtained prior to approval of rough grading plan for those trees that must be N7 Resolution No. P-4-17-1-R Development Review 85-01 Page 2 • removed because of structures or paving. A plot plan of existing Eucalyptus trees shall be submitted with the Tree Removal Permit, showing their precise location and size. Said plan shall take into account the proposed grading, what trees are to be retained, trimming methods, and where new trees will be planted for replacement of removed trees. 2. The recommendations of the acoustical engineer, with the proposed freeway, shall be strictly adhered to as described in the Noise Assessment dated February 21, 1985. 3. Dense landscaping including 15 gallon size evergreen trees spaced 15 feet on center, shall be provided along north, south and west boundaries, (existing Eucalyptus trees preserved may be credited toward this requirement). 4. Special landscaping treatment shall be provided between Amethyst and Building 1, particularly around the edges and within the basin, including mounding and specimen-size trees. 5. A continuous wrought iron fence, or similar, shall be provided around the basin for safety purposes. 6. Fencing shall 6e provided around the entire project for security " " • including security gates and Knox boxes at both accesses from Amethyst. Detai is shall be reviewed and approved by the Foothill Fire District and Sheriff's Department. 7. A minimum five (5) feet of landscaping shall be provided on both sides of the project entrance. 8. Canopy shade trees shall be provided thro ug'nout common open space area. 9. Applicant shall contact U.S. Postal Service to determine if mail boxes can be provided in the lobby of each building for proximity to residents. 10. Cupboards, counter LOOS and a sink shall be provided in each activity room of the recreation building. 11. Approval of Development Review 65-01 is granted subject to approval of General Plan Amendment 85-018, and Development District Amendment 35-01. 12. Approval of Development Review 85-01~ is granted subject to approval of a Development Agreement granting a density bonus to allow the project density not to exceed 35.4 dwelling units per acre, and the parking ratfo shall not be Less than 1 space/unit. • // 8 Resolution No. P-4-17-1-R Development Review 95-01 Page 3 • 13. A detailed exterior lighting plan shall be submitted indicating adequate on-site lighting of common areas, walkways and parking areas. 14. Safety features and materials shall b' provided, including skid resistant materials in sidewalks, patio areas, stairs; handrails on stairs or paved grades; and bathroom fixtures. 15. Curb cuts and wheelchair ramps shall be provided in site design for limited-mobility or non-ambulatory residents. 16. Pedestrian safety features shall be provided, including clearly marked walkways, adequate lighting, and designated crosswalks in parking areas, and use of pedestrian signs. 17. Additional trash enclosure shall be provided west of building 3 and 4. 19. A long-term maintenance plan shall be submitted to the Planning Oiv is ion for review and approval prior to issuance of building permits pursuant to the Senior Housing Overlay District . Administrative Guidelines. 19. Recreation building multi-purpose room shall provide a minimum ten (10) square feet per apartment unit. 20. Panic button shall be prav idea in each bathroom. 21. Handicapped units and access shall be provided as required by State law and Uniform Building Code. 22. Parking spaces shall be assigned in proximity with suitable fencing with pet run facilities. 23. A pet area shall be provided outdoors with suitable fencing with pet run facilities. ENG INEER [NG OIVISiON 1. Developer shall provide additional pavement on east side of Amethyst to provide for left turn pocket into proposed development. 2. On-site retention basin shall be provided to the satisfaction of City Engineer and Building Official. The precise design is subject to final plan check approval. /79 - STAFF REPORT V~ DATE: April 11, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner eY: Dan Coieman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AM NDM NT 8 - - AC DEVELOPMENT - A Development District en ment rom a lum esl entlal (4-14 du/ac) to Nigh Residential (24-30 du/ac) in the Senior Housing Overlay District for a senior citizen apartment project on 4.75 acres of land located on the west side of Amethyst, north of 19th Street - APN 201-232-24. • BACKGROUND: The City Council held a pu611c hearing on April 3, 1985 to consider the above described item and conducted first reading of the attached Ordinance 255. In addition, the City Council approved the related General Plan Amendment 85-O1-B. RECOMMENDATION: It is recommended that the City Council conduct second reading of the attached Ordinance approving the Development District Amendment 85-01 and issuance of a Negative Declaration. Rr,~geptf-u~lly submitted, Rick' Gomez City Planner RG:ns i, Attachments: Planning Commission Resolution 85-03 City Council Ordinance No. 255 19.' Z['2'~ G~~^MO,y 9 Vii. ~I, 'i; ~, G r lei o RESOLUTION N0. 85-43 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMIAENOING APPROVAL OF DISTRICT CHANGE N0. 85-01 REQUESTING A CHANGE IN THE OISTRI CT DESIGNATION FROM MEDIUM RESIDENTIAL TO HIGH RESIOENTI AL AND SENIOR HOUSING OVERLAY DISTRICT FOR 4.75 RCRES LOCATED ON THE WEST SIDE OF AMETHYST, NORTH OF 19TH STREET. WHEREAS, on the 15th day of January, 1985, an application was filed and accepted on the above-described protect; and WHEREAS, on the 27th day of March, 1985, the Punning Commission held a duly advertised puolic hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That the subject property is suitable for the uses - permitted in the proposed district in terms of access, size, and compatibility with existing land - use in the surrounding area; and 2. That the proposed district change would not have significant impact on the environment nor the surrounding properties; and 3. That the proposed district change is in conformance wi t'n the General Plan and Deveiopment Code. SELT ION 2: The Rancho Cucamonga Planning Commission has found that this pro ect will not create a significant adverse impact on the environment and recommends i;sJ 9n ce of a Negative Oerl arati on on March 27, 1985. NOW, THEREFORE, RE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commi ;sion cf the City of Rancho Cucamonga hereby recumme•iis aoo~~o~nl on '.h9 P7~~:'n ,1aY of I4arc'n. I9~T5. DiStricY Cr ainje No, 85-U i. 2. The Planning Co•~nmission hereby recommends 'hat the City Council approve and adopt District Change No. BS-O1. • J 1/ 3. That a Certified Copy of this Resolution and related • material hereby adopted by the Planning Commission shall be forwarded to the City Council. REPROVED R.'JD ADOPTED THIS 27TH DRY OF #ARCN, 1985. PLANNII{li-6QMMISSION OF THE CITY OF RANCHO CD CAMONGA ATTEST: r ~ Y ~ ~ / ~--- Y I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cuc amenga, at a regular meeting of the Planning Commission held on the 27th day of }!zr ch, 1985, by the following vote-to-wit: AYES: COi~!!!i SSIONERS; I1C iJIEL, CHiTIEA, BAR P;ER, REi1P EL, STOUT "TOES: CC,'115ISS?ONERS; N0:'iE ABS E!¢i; .. V. ~!i SSI GtJERS: NO PIE • X11 255 • ORDItVANCE N0. ?-4-03-5-9- AN ORDLNANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201-232-24 LOCATED ON THE WEST SIDE OF RMETHYST, NORTH OF 19TH STREET, FROM MEDIUM RES IOENTIAL TO HIGH RESIDENTIAL AND SENIOR HOUSING OVERLAY DISTRICT. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the follcwing: A. That the Planning Commis inn of the City of Rancho Cucamonga, following a puolic hearing held in th=_ time and manner prescribed by law, recommends the rezoning of the property hereina°ter described, and this City Council has held a public hearing in the time and manner prescribed 6y law and duly heard and considered said recommendation. 9. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives of • the Development Code of Lhe City of Rancho Cucamonga. D. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the development district map is hereby amended accordingly. Assessor's Parcel Numher 201-232-24, approximately 4.75 acres in size and located on the west side of Amethyst, north of 19th Street, is hereby changed from Medium Residential (4-14 du/ac) to High Residential (24-30 du/ac) and Senior Housing Overlay Oistr ict. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to he published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. /.~ 3 ntmv na n • e+n vn nnn ~ un..rn ~ STAFF REPORT -- 19; ; DATE: April 17, 1965 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - TAC DEVEL PME NT - A development agreement betwe?n the City of Rancho Cucamonga and TAC Development Corporation regarding a senior citizen housing project to be iocated an the west side of Amethyst, north of 19th Street - APN 201-232-24. BACKGROUND: On April 3, 1985, the City Council held a public hearing and conducted first reading of the attached Ordinance 256 approving a Development Agreement for the above described project. The City Council discussed at length the issue of whether to require additional handicapped units beyond that required by the State Building Code (Title 24). The Planning Commission felt comfortable with the State Building Code requirements and did not recommend changes to the Development Agreement. The City Council gave the Ordinance first reading without including language to require additional handicapped units. RECOMMENDATION: It is recommended that the City Council conduct second reading o the attached Ordinance 256 approving the Development Agreement and suance of a Negative Declaration. Rf pectf submitted, /r~~ , ~~~,_~_- Rick Gomez City P1wMer RG:DC:ns Attachments: Ordinance 256 I Development Agreement u lay DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this day of 1985, between TAC Development Corporation ("Property Owner") and the CITY DF RANCHq CUCAMONGA, a municipal corparatton organized and existing under the laws of the State of California ("City"). RECITALS This Agreement is predicated upon the following facts: 1. Government Code section 65864-65895,5 authorizes the City to enter into binding development agreements with persons having legal or equ itah le interests in real property for the development of such property. 2. Under section 65865, the City has adopted rules and regulations establishing procedures, requirements and administrative guidelines for consideration of development agreements. 3. Property Owner has requested City to consider entering into a deve lapment agreement and proceedings have been taken in accordance with City's rules and regulations. 4. City has found that the development agreement is consistent • with the General Plan, 5. On 1985, City adopted Ordinance approving the deve lnpment agreement with Property Owner and said act on was effective on 1985. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Rgreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City of Rancho Cucamonga. b. "Project" is the development aoproved by City, described further fn paragraph 7 here inbe low. c. "Property Owner" is TAC Development Corporation, and includes all of its successors in interest and assigns. d. "Real property" is the real property referred to in paragraph 3 hereinbelow. e. "Senior Housing Overlay District" is the zoning category created by City Ordinance No. 193 adapted April 20, 1983. 1 l1S f. "Target Tenant" is defined an individual who is fifty-five (55) years old or older, or a married couple one of whom is • fifty-five (55) years or older, and all of whom qualify as a low or moderate income person pursuant to federal HDD standards. g. "Affordable Rents" - Rents charged will be affordable to individuals or couples earning equal to or less than eighty percent (80X) of the current County of San Bernardino median income as determined by the Federal Department of Housing and Urban Development, which rent shall on an annualized basis be equal to or less than thirty percent (30X) of the eighty percent (80X) of the current median income. For purposes of this definition, rents charged for all one (1) bedroom units shalt be subject to computation based upon eighty percent (80X) of the median income for a two (2) person household. Rents charged for all two (2) bedroom units shall be subject to computation based upon eighty (80X) of the median income for all households (4 or more persons). 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceah le as any other provision of this Agreement. 3. Descri tion of Reat Pro ert The real property which is the subject o Cis Agreement is escri ed more fully in Exhibit "R" attached hereto and incorporated herein by reference. 4. Interest of Prooert Owner. Property Owner represents that it • has full lega~t a to the rea property, that it has full legal right to enter into this Agreement, that there is no other person or entity which has any other interest in fee ownership to the real property, and that all other persons and entities who may hold legal or equitable interests in the property agree to be and are bound 6y this Agreement. If there are any holders of deeds of trust on the real property which may 5e senior to the lien of this Development Agreement, the holders of such deeds of trust have assented to the terms of this Development Agreement in writing and agree to be bound by the provisions hereof. 5. Bind inq Effect of Agreemen t. The burdens of this Agreement shall run with the real property and shall bind, and the 6enef its of this Agreement shall inure to, the successors in interest and assigns of the Dart ies to it. 6. Relationship of Parties. It is understood that the contractual relationship between City and Property Owner is such that Property Owner is an independent contractor and is not the agent of City for any purpose whatsoever. 7. City's Approval Proceed ings for Protect. On 19 City approved Ordinance creating a enior Housing Overlay District. On I9 - the City adopted a zoning designation of "Senior Housing overlay Oistr ict" for the real property. The record of the applications by Property Owner, proceedings • before the Planning Commission and the City Council of City on file in the office of City and all of the files and records in these matters are incorporated herein in full by this reference as though set forth in /2 6 full. Property Owner proposes to construct 168 apartment units, • recreational and common area facilities, and 168 parking spaces and other amenities on the subject property, all as are set forth more fully in the site plan for Development Review 86-01 ("Site Plan") submitted by Property Owner and approved by City, a copy of which is attached hereto as Exh ih it "8" and incorporated herein by reference. The Site Plan includes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. 8. Ch anges in Project. No change, modifications, revisions or alteration may be made in the site plan approved on without review and approval by City. 9. Term of R reement. The term of this Agreement shall commence on Che date first above written and shall expire twenty (20) years after the occupancy of the first tenant in an apartment unit in the Project, subject to the annual review described in subject to annual review described in paragraph 17 herein below provided that this agreement is terminated automatically if developer has not obtained Certificate of Occupancy for entire project within three (3) years of effective date hereof. 10. Restrictions on Rental Units. Except as set forth here in below, all tenants, occupants, and residents of apartment units in the Project shall be Target Tenants. Said apartment units shall not be • rented, occupied, leased or subleased to tenants or occupants who are not Target Tenants without the City's prior written consent, except as set forth below. A person or persons not a target tenant at least 45 years of age may occupy an apartment unit if he or she occupies an apartment unit with a resident occupant who is a target tenant and provides primary physical or economic support to target tenant. A person or persons under 46 years of age may occupy apartment units as temporary tenants for a period of time not in excess of 3 months during any calendar year. 11. Rents and Rent Ad'ustments. The Property Owner shall establish and maintain of ordab a base rents and utility allowances for all apartment units subject to the restrictions of paragraph 10 in the Project. For the purposes of this provision, rent shall include both the amount charged for occupancy of an apartment and any tuility allowances if utilities are not separately metered. If utilities are separately metered, they will not be considered in the base rent. In the event that rents are increased, a minimum of sixty (60) days' written notice of any rent increase shall be provided to the City and to all affected tenants. /2 '/ 12. Maintenance of Apartments ~; Rentals. During the term hereof and such extensions as may be agr to, al' apartment wits in the • Project shall remain rental units. Yo apar -gent unit i the Project shall be eligible for conversion -om rental units to condominiums, townhouses or any other common int~~est subdivision in which some fee ownership in the apartment unit would be granted to a person or entity other than the property Owner or its permitted successor or assignee or in which ownership of the Project would be transferred to a corporation ("Co-Op") or other entity which would then sell stock or some other cooperative ownership inte-e st to a prospective owner or occupancy of an apartment or dwelling unit, provided that nothing herein contained shall preclude the sale of the entire Project to a single purchaser other Lhan a Co-Op. 13. Shuttle Van Service. The Property Owner shall provide and maintain a shuttle van to provide residents with access to community facilities, shopping, entertainment, and medical services. The shuttle van shall contain a minimum of 12 passenger seats and be primarily available to residents unable to drive, or without other means of transportation. The shuttle van service and a driver for the van shall be available at least eight hours per day, seven days a week. Ou ring repair, the Property Owner shall arrange for equivalent transportation. The van and drivers shall be insured as required by California Vehicle Code. 14. On-Site Manager. A full-time manager shall be provided at all times on Lhe project site. In addition, an Assistant Manager shall be • provided during the shuttle van service hours for driving the van or managing the project when the full-Lime manager is driving the van. 15. Tenant Improvements. Residents shall be permitted to "personalize" their apartment unit through improvements including, but not limited to, paint, wallpaper, shelves, hanging plants, pictures, and furniture. Nothing in this section shall be deemed to permit structural alterations. 16. Tenant Committee. Residents shall have the right to establish a Committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Property Owner regarding the operation and facilities of this project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Property Owner. 17. Submission of Materials and Annual Review. a. Prior to issuance of building permit, the Property Owner shall submit to the City the following information: • /2Y (1) Tenant selection procedures which shall detail the . methods of that Property Owner shall use to advertise the availability of apartments in the Project and screening mechanisms that Property Owner intends to use to l unit the occupancy of the apartments to the Target Tenant. b. 4f ter occupancy, the Property Owner shall file with City an annual report containing information on ;he Project specified herein for the preceding calendar year. Said ar ual reports shall be filed with the City no later than March 15 following the previous calendar year. The report shall contain such information as City may then require, including, but not limited to, the following: (1) rent schedules then in effect; utility charges (if any); (2) project occupancy profile including age, income characteristics of residents, number of automobiles owned by Project residents (total); (3) listing of substantial physical defects in the Project including a description of any repair or maintenance work undertaken in the reporting year; and (4) a description of maintenance of the Project including the condition of apartment units, landscaping, walkways, stairs, and recreational areas. • (5) a description of all complaints or suggestions from residents regarding the operation or facilities of this Droject, including the Property Owner's response. rity shall be allowed to conduct annual physical inspections of the Project as it shall deem necessary provided that said inspections do not unreasonably interfere with the normal operations of the Project. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess their satisfaction with the Project. The survey may contain, but shall not necessarily 6e limited to, questions regarding management/tenant relations, maintenance of the Project, design features, general attitude toward the Project, and so forth. 18. Tenant Selection. Contracts and Rules and Reau lotion s. On receipt of an application for occup any, Property Owner shall determine the eligibility of the occupancy under the terms of this Development Agreement. Property Owner shall be entitled to relay on the information contained in the application sworn to 6y the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The proposed rental agreement or lease form shall be provided to City for its review and approval. Such rules of conduct and occupancy shall be given to each tenant of an apartment unit prior to such Len ants' occupancy. 19. Termination and Eviction of Tenants. A tenancy may be terminated wit out the termination eing deeme an eviction under the following circumstances: /i9 a. death of the sole tenant of the unit; • b. by the tenant at the expiration of a term of occupancy or otherwise, upon thirty (30) days 'written notice; by abandonment of the premises by the tenant; or d. 6y failure of tenant to maintain income eligibility pursuant to the provis ions hereof, providing that Property Owner gives tenant sixty (60) days written notice of such termination, or e. by failure of tenant to execute or renew a lease. Any termination of a tenancy other Lhan those listed in Lhis subparagraph shall constitute an eviction. Property Owner shall only evict in compliance with the provisions of California law and then only for material non-compliance with the terms of the rental agreement, lease or rules and regulations of the Project. Property Owner shall establish appeal and/or grievance procedures and rules and regulations for use for evictions of tenants which shall be submitted to and approved by the City prior to the occupancy of any Unit in the Project. The rules and regulations, a copy of which is attached hereto as Exhibit "C", is hereby approved. 20. Local Residency. Preference shall be given where possible to applicants to the Project who have been residents of the City of Rancho Cucamonga. This factor, however, shall not be given any priority over • the other elements of tenant selection in paragraph 18 hereof. 21. Hazard Insurance. Property Owner shall keep the Project and all improvements thereon insured at all times against loss or damage by fire or other risks covered 6y a standard extended coverage endorsement and such other risks, perils or coverage as Property Owner may determine. During the term hereof, the Project shall be insured to its full in surah le value. City shall have the right to review insurance coverage maintained by Property Owner or its successors and assigns and the power to require additional insurance to be tarried in amounts required by the City at the City's sole discretion so that the provisions of this paragraph are complied with. City's action or Enaction hereunder shall not subject it to liability to any third persons or entities. 22. Maintenance Guaranty. In order to insure that maintenance of the project is performed in accordance with the maintenance plan as outlfned in the Senior Ncus ing Overlay District administrative guidelines and in this Development Agreement, Property Owner shall post a maintenance deposit or other legal security reasonably acceptable to the City to be used by the City in the event that Property Owner shall fail to adequately maintain the Project as herein required. The parties hereto agree that a maintenance deposit may be in the form of a letter of credit, certificate of deposit, hood or comparable instrument. • /30 23. Specific Restrictions on Development of Real Property. The • following specific restrictions shall also cover the use of the real property: a. only residential uses of the real property are permitted in the Project. b. maximum density of residential dwelling units in the Project shall never be greater than 35.36 dwelling units per acre. c. the maximum height for each of the proposed buildings shall be 55 feet. d. maximum size for all of the huildings and the proposed square footage far each of the apartment types located therein is set forth more fully on Exhibit "B" attached hereto and incorport ed herein by reference. e. provisions for reservation ar dedication of land for public purposes are contained in the conditions for approval of Development Review 85-01 and are incorporated herein by this reference. 24. Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or • indirect operations of Property Owner or those of hfs contractor, subcontractor, agent, employee or other person acting on his heh alf which relate to the Project. Property Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Project. 25. Affect of Development Agreement on Land Use Regulations. Rules, regu ations, and officio po is es governing permitted uses of the real property, the density of the real property, the design, improvement and construction standards and specifications applicable to development of the real property, are those rules, regulations and official policies in force at the time of execution of this agreement. It is understood that City may grant Property Owner a dwelling unit bonus, may waive its requirements for covered on-site parking and may reduce and/or waive other fees as an incentive far Property Owner to construct the Project and for both parties to enter into this Deve?apment Agreement. 26. Development Incentives. Pursuant to paragraph 25 of the Development Agreement, the City will grant property owner the following development incentives for development on the subject property: /3/ a. The 3eautif ication fee levied pursuant to City Council Resolution 79-1, Section 7.0, will b=_ waived in its entirety. • b. The School Impaction Fees levied pursuant to City Council Ordinance 30, as amended, will be waived in their entircry. c. The max iinum density per acre on the subject property shall be increased to 35.36 dwelling units per acre. d. The maximum number of required off street parking spaces shall 6e lowered to one (1) parking space per dwelling unit. e. The requirement for covered parking spaces will 6e waived in its entirety. f. Payment of both the Drainage Fee and Systems Development Fee by the property owner will be deferred and will be payable concurrently with the occupancy of the first unit on the subject property. The fees will be based upon the Ordinances and schedules in effect as of the date of submittal of the project and will not be effected or increased by any increases taking effect after submittal of the project. "Date of su 6mittal" of the project sill mean the Lime that plans are submitted to the City in order to have the City issue building permits for construction of the improvements on the subject property. 27. Amendments. This Agreement may be amended or cancelled in whole or in pay by mutual written consent of the parties and then in the manner provided for in Government Code sections 65868 et seg• • This Development Agreement does not prevent Lity in subsequent actions applicah le to the real property from applying new rules, regulations and policies applicable to the property as set forth in paragraph 8 hereinabove. This Development Agreement does not prevent City from denying or conditionally approving any subsequent development project application on the basis of existing or new rules, regulations or policies. 28. Enforcement. In the event of a default under the provisions of this Agreement by-Property Owner, City shall give written notice to Property Owner (or its successor) at the Project, or by registered or certified mail addressed to Property Owner at the address stated in the Agreement, or to such violation is not corrected to the reasonable satisfaction of City within ninety (90) days after such notice is given, or if not correction within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within ninety (90) days (prnv ided that acts to cure the breach or default must be commenced within said ninety (90) days and must thereafter be delinquently pursued by Owner) then the City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, the City may bring any action necessary to enforce the obligations of Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for specific injunction against any violation by Property Owner of any provision of this Agreement, or for such other relief as may be • appropriate, it being agreed by Property Owner that the injury to City arising from default under any of the terms of this Development !3z Agreement would 6e irreparable and that it would be extremely difficult • to ascertain the amount of compensation to City to afford adequate relief in light of the purposes and policies advanced and satisfied by approval of the Project and by this Development Agreement. 29. Event of Default. Property Owner is in default under this Agreement upon the happening of one or more of the follo~,v ing events or conditions: a. if a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; b. if a finding and determination is made by the City following an annual review pursuant to paragraph 13 hereinabove upon the basis of substantial evidence that Property Owner has not complied in good faith with any of the terms and conditions of this Agreement, after notice and opportunity Lo cure as described in Paragraph 28 hereinabove; c. breach by Property Owner of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Paragraph 23 hereinabove. 30. Proceed inq Upon Oef au lt. City does not waive any claim of defect in performance by Property Owner if on periodic review City does not modify or terminate this Agreement. Nonperformance by Property • Owner shall not be excused because of performance by Property Owner of the obligations herein contained would he un profitable, difficult or expensive or because of a failure of any third party or entity, other than the City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing development agreements are avai la6le to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or defauit under this Development Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. 31. Rights of Lenders Under this Rgreemen t. Should Property Owner place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to mortgages shall have the right at any time during Lhe term of this Agreement and the existence of said encumbrance or lien to: a. do any act or thing required of Property Owner under this Agreement, and any such act or thing done and performed by Lender shall be as effective as if done by Property Owner himself; 6. realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (herein called the "Trust Deed"), and to: ~'t1 (1) transfer, cc nvey or assign the title of Property Owner to the Project to any purchaser at any foreclosure sale, whether the • foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in the Trust Deed; (2) acquire and succeed to the interest of Property Owner by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in the Trust Deed. 32. Notice to Lender. City under this Agreement shall give written notice of any default or breach under this Agreement by Property Owner to Lender and afford Lender the opportunity after service of the notice to: a. cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; b. cure the breach of default within ninety (90) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or c. cure the breach or default in such reasonable time as may be required where something other than money is required to cure the breach or default and cannot be performed within ninety (90) days after • said notice, provided that acts to cure the breach or default are commenced within ninety (90) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 33. Action b Lender. Notwithstanding any other provision of this Agreement, a Lender may orestall any action by City for a breach or default under the terms of this Agreement by Property Owner by comment ind proceedings to foreclose its encumbrance or lien on the Project. The proceedings so cnmmenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Property Owner unless: a. they are commenced within thirty (30) days after service on Lender of the notice described hereinabove; b. they are, after having been commenced, diligently pursued in the manner required by law to completion; and c. Lender keeps and performs all of the ~t erms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. • 10 .1y 34. Liability of Lender. No Lender shall have any liability under - the terms of this Agreement unless it acquires title to the Project through foreclosure or a deed in lieu of foreclosure in which event, is - shall hold title to the Project subject to the obligations of a successor to the Property Owner as herein provided. 35. Rent Control. "Period in consideration for the limitations herein provided, the City agrees that it shall, during the term of this Agreement, not take any action, the effect of which wiil 6e to control, determine, or affect the rents for apartment units located fn the Project." 36. Attorney's Fees. in any proceedings arising from the enforcement oft of t~opment Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover the costs and attorney fees incurred in the proceeding and such reasonable attorneys' fees as may be determined by a Court in any legal action. 31. Cumulative Remedies. The respective rights and remedies provided 6y this Development Agreement or by law or av aila6le in equity shall be cumulative and the exercise of any one or more of such rights or remedies shall not preclude or affect the exercise, at the same or at different times, of any other such rights or remedies for the same or different defaults or breaches or for the same or different failures to perform or observe any term or provision of this Agreement. 38. Bindin Effect. This Agreement shall bind, and the benefits • and burdens hereof sha inure to, the respective parties hereto, their legal representatives, executives, administrators, successors and assigns, provided however, that if Property Owner sells the project and the purchaser assumes Property Owner's obligations hereunder accruing after said sale then Property Owner shall have no obligations hereunder after said sale is consummated, 39. Retardation. This Agreement shall, at the expense of Property Owner, 6e recorded in the official records of the County of San Bernardino in accordance with provisions of the Government Code. 40. Miscellaneous. This Agreement shall be construed in accordance with and governed by the laws of the State of California. The provisions of this Development Agreement shall be liberally construed to effect its purpose as set forth herein and in the attachments hereto. Whenever the Context so requires, the singular number includes the plural, the plural includes the singular, masculine gender includes the feminine and/or neuter and the neuter gender includes the masculine and/or feminine. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of a development agreement. 11 i~r 41. Partial Invalidit If any provisions of this Agreement shall be invalid, it ego or unenforceable, the validity, legality or • enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 42. Lease Provisions for Maintenance of Small Pets. Any and all leases pertaining to rental of apartment units for project shall contain provisions for maintenance of small pets as approved by the City Planner. IN WITNESS WHEREOF, this Rgreement has been executed by the parties and shall be effective on the day and year first above written regardless of the date of actual execution hereof. PROPERTY OWNER: BY BY: BY: AC DV LOM NTCR A ON BY: CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On 19 before me the undersigned, a Notary Public in and for said County and State personally appeared and proved to me on the bas s of satisfactory evidence to a the persons w o executed this instrument as Mayor and City Clerk, respectively, of the City of Rancho Cucamonga, a municipal corporation existing and organized under the laws of the State of California, and acknowledged to me that the City of Rancho Cucamonga executed it. 12 NO ARY PUBLIC /J4 • J STATE OF CALIFORNIA ) • ) ss. COUNTY OF SAN BERNARDINO ) On 19 before me the undersigned, a Notary PuD is in and for said County and State personally appeared and proved to me on the basis of satisfactory evidence to be the persons ~hho executed this instrument as and on 6eha o and acknowledged to me that the corporation executed it. NOTARY PUBLIC • 13 /37 e2.d iu4~0 : 4 - r~- FS • ORDINANCE N0. h`-4-03-6--8• ~.S (c AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TAC DEVELOPMENT CORPORATION The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. Government Code Section 65864 through 65869.5 authorizes the City to enter into binding Development Agreements with persons having legal or equitable interests in real property for Lhe development of such property. 8. Three copies of the proposed Development Agreement between the City and TAC Development Corporation are on file in the office of the City Clerk, and the same are public records of the City. C. The proposed Development Agreement pertain to real property situated in the City and described as follows: R port io~i of the east 1/2 of Lot 12, Block 11, Cucamonga • Homestead Association, as per plat recorded in Book 6 of Maps, page 46, records of said County, described as follows: Commencing at a point 275 feet west and 330 feet north of the southeast corner of said lot, thence north 66 feet; thence east parallel with the south line of said lot, 275 feet to the east line of said lot; thence north along the east line of said lot to the north line of said lot; thence west along the north line of said lot to the west line of the east 1/2 of said lot; thence south along the west line of said east 1/2 of lot 12 to a point 330 feet north of the south line of said lot; thence east parallel with the south line of said lot to the point of beginning. D. The City Council has held a public hearing on the proosed Development Agreement and notice of that public hearing has been given far the time and in the manner prescribed by Government Code Section 65867. E. The provisions of the proposed Development Rgreement are consistent with the General Plan, and there is no specific plan effecting the property subject to the proposed Development Agreement. /3~ #Fi7 Ordinance No. P-4-03-6-0 Page 2 SECTION 2: The proposed Development Agree^~nt between the City and . TAC Development Corporation, referred to in Sec: ,n 1 above, is hereby epproved, On the effective date of this Ordinance the Mayor shall sign as many copies of said Development Agreement as are necessary for the use of the parties, the City Clerk shall attest to the same and shall deliver one .`ully signed copy to TAC Development Corporation. SECTION 3: A Negative Declaration is hereby adopted for these General Plan amendments, based upon the completion and findings of the Initial Study. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be puhlished within fifteen (15) days after i*_s passage at least once in The Dailv Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Ranchu Cucamonga, California. PASSED, APPROVED, and ADOPTED this 3rd day of April, 1985. AYES: NOES: ABSENT: Jon p. Mike s, Mayor ATTEST: Beverly A. Au thelet, City C erk I, BEVERLY A. AUTHELET, C[TY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 3rd day of April, 1985, and was finally passed at a regular meeting of the City Council of the City o. Rancho Cucamonga held on the * day of *, 19**. Executed this * day of *, 1985 at Ranchn Cucamonga, California. • everly A. Au thelet, City erk • /~ r/ F•1°J~ rnmv nc n w ern vn nr-n , rr nw•n e • _. ___ ___-_-.__-. _-_ ~1 STAFF REPORT ,.~ ~'.q _ ~' ~~~' ~; 19` DATE: April 11, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FISCAL YEAR 1985-86/FINAL STATEMENT OF COMMUNITY OBJECTIVES BACKGROUND: At the March 20, 1985 meeting, the City Council reviewed the Preliminary Statement of Community Objectives for the 1985-86 Community Development 61cck Grant Program. The grant for FY 1985-86 equals 5473,000. Thirteen projects were proposed for a total funding of 51,654,300.00 (see attached Staff Report). The Council selected four projects for preliminary approval and designated levels of funding for each project. Those projects were: Housing Rehabilitation 5 80,000 Northtown Streets (Area 1) $153,000 Northtown Park 5150,000 Handicapped Signs E0~ The remaining funds totalling 585,000 were allocated to the Local Costs/Program Implementation and Administration account. Rccord ing to Community Development Block Grant regulations, adoption of a Final Statement is now required. The Final Statement of Community Objectives contains the application to HUO for funding for the 1985/86 projects and administration costs as previously determined in preliminary hearings. At this time, the Council will review the Final Statement of Community Objectives and determine whether the proposed projects and funding levels described in the document are appropriate prior to submission to HUD. If so, the Council is required to approve the Final Statement of Community Objectives and direct staff to submit the Final Statement and application for Block Grant funds to HUD. iyo C[TY COUNCIL STAFF CDBG Application - April 17, 1985 Page 2 REPORT Fiscal Year 1985-85 RECOMMENDATIONS: Staff recommends adoption of the attached Resolution apnrov ing of the Final Statement of Community Objectives with the levels of funding is previously adopted in the Preliminary Statement of Community Objectives. If Council concurs, staff should he directed to submit((((the Final Statement of Community Objectives to HUD. RespevS,fully submitted, ~ip~ ~~ j - Rick Gomez City Planner Attachments: March 20, 1985 Staff Report ~ Final Statement of Community Objectives Resolution • • /y/ • RESOLUTION N0. °,~-.-I:-3-,i-8r-~nT ido R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING THE FINAL STATEMENT OF COMMUNITY OBJECTIVES AND SELECTING PROJECTS FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRRM FOR FISCAL YEAR 1985/86 WHEREAS, the City of Rancho Cucamonga is an Entitlement City under the regulations governing the Conmunity Development Block Grant Program; and WHEREAS, the City Staff has received proposals for projects and programs from various organizations in the Community; and WHEREAS, the City Staff has conducted a needs assessment to determine program eligibility and needs; and WHEREAS, the City released a Preliminary Statement of Community Objectives indicating in priority order all programs and projects submitted • for Block Grant funding in the next program year; and WHEREAS, the City Council has held a legally noticed public hearing in order to give the public an opportunity to respond to staff recommendations for program funding and to put forth for Council consfderat ion recommendations of their own; and WHEREAS, the City Council has heard public testimony and received all public input regarding the City's Community Development Block Grant Program for the next program year. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby take the following actions: A. Approve the Final Statement of Community Objectives. B. Select for funding the following projects and programs to be funded out of the City's Community Development Black Grant award: iy1 Resolution No. P-4-17-3-R Page 2 Project/Program Amount • 1. Housing Rehabilitation b 80,000 2. North Town Park (development) $150,000 (2nd Year Funding) 3. North Town Streets (Area 1) 5153,000 (2nd Year Funding) 4. Handicap Signs $ 5,000 5. Local Costs/Program Implementation a. Future Projects E 10,000 b. Contracts and Administration E 26,000 c. Programs Management S 42,000 d. Fair Housing Services S 7,000 C. Authorize Mayor to sign the application for Community Deve loDment Block Grant funds included in the Final Statement of Community Objectives. PASSED, APPROVED, and ADOPTED this 17th day of April, 1985. AYES: NOES: ABSENT: Jon D. idikels, Mayor ATTEST: Beverly A. uthelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the * day of *, 19**. Executed this * day of *, 19** at Rancho Cucamonga, California. Beverly A. Authelet, City Clerk r 1 L_J r1 LJ /Y3 nrmv nn n , ~•n vn nr*r . vnnr , ~.,_ ...v,'l' STAFF REPORT ~~~° ~_ l~ I'~'z 19%% J ~ DATE: March 20, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION F[SCAL YEAR 985-1986/PRELIMINARY STATEMENT OF OMMUNITY OBJECTIVES • ABSTRACT: In accordance with HUD requirements, Staff has prepared the Preliminary Statement of Community Objectives for the Fiscal Year 1985/86 Community Development Black Grant program. The City has received proposals for 13 programs/projects for a total cost of 81,654,800.00. Based on an anticipated Block Grant of $473,000.00, approximately $378,400.00 will be available for project funding. The Council will be asked to make a preliminary selection of those projects which most closely correspond to community needs. The thirteen proposed projects are described in this report. In addition, the City's policies on relocation assistance for those affected by Block Grant funded activities, and on flood hazard protection for rehabilitation of homes in the flood plain are included, as required by HUD. At this meeting, the City Council will also review the attached Statement of Community Objectives, relocation assistance policy and consider the flood hazard protection mitigation measures presented in this report. ~I BACKGROUND: The City of Rancho Cucamonga has participated in the Community Development Block Grant Program since 1982 as an entitlement City. Each year, the City has prepared an application to the U.S. Department of Housing and Urban Development to secure funding for specific projects and programs which further specified federal and local goals and objectives. Funds are allocated to local jurisdictions based on a formula which considers the City population, instance of poverty and instance of overcrowding in the City. In Fiscal Year 1985-86, Rancho Cucamonga has been allocated $473,000.00, a slight increase over Fiscal Year 1984/85 funding, due to population increases in the City. $94,600.00 of this is to be used for local costs and implementation, including approximately $19,000 for an ongoing CDBG administration ~YY City Council Staff Report March 20, 1985 Page q2 • contract with Cotton/Belan d/Associates and 57,000 for the required Fair Housing Services provided by Inland Medi aticn Board, leaving 5378,400.00 for projects and programs. Federal regulations specify that projects and activities which are selected for funding must meet certain eligibility criteria which are summarized below: The activity must be carried out in a neighborhood consisting predominantly of persons of low and moderate income and provide services for such persons. In Rancho Cucamonga, only the Northtown and Southwest Cucamonga neighborhoods qualify under this provision. The activity must involve facilities designed for use predominantly by persons of low and moderate income; or The activity must involve employment of persons, a majority of whom are persons of law and moderate income. Based on these guidelines, the Planning Division solicited proposals for • projects to be funded under the Community Oevelopment Block Grant (COBG) Program. Ten new projects were submitted for funding in addition to three ongoing programs. Each project is described in detail in the project description sheets contained in the Preliminary Statement of Community Objectives. Staff has evaluated these projects on the basis of Federal regulations and the Preliminary Statement of Community Objectives. The total amount of funding requested for fiscal Year 1985/86 is 51,654,300.00. However, approximately 5378,400.00 is available for direct project funding. The projects are summarized in the attached table. The projects are: 1. Hous in Rehabilitation: This is an ongoing program providing Be ow Market Interest Rate (EMIR) and deferred loans and emergency repair grants to eligible households throughout the City, This program is a virtual requirement of the Community Development Block Grant program. Staff recommends that the minimum funding for the program be set at 580,000.00 to permit eligible households in need of assistance to participate. Requested Funding: 580,000.00 Eligibility: Yes • ~~/S U CITY OF RANCHO CtiCA."viONGA STAFF REPORT L~CA.kp~^ 2~~~~t ` ^ 'x 19'7 • DATE: April 17, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 85-01 - TAC OEVEL PMENT - The development of a senior citizen housing project totalling 168 apartment units on 4.75 acres of land in the Medium Residential District (proposed High Residential/Senior Housing Overlay District) to be located on the west side of Amethyst, north of 19th Street - APN 201-232-24. BACKGROUND: The City Council held a public hearing on April 3, 1985 to consider the above described item. This item was continued to coincide with the adoption of the related Development District Wnendment and approval of the Development Agreement, also on tonight's agenda. A Resolution of Approval has been attached for your review and consideration, consistent with the Planning Conmiss ion recommendations. RECOMMENDATION: The Planning Commission recomnenos that the City Council approve Development Review 85-01 through adoption of the attached Resolution and issuance of a Negatf ve Declaration. 11y submitted: Cit~~.P35nner RG:DC:ns Attachments: Planning Commission Resolution 85-44 City Council Resolution of Approval with Conditions /p s- City Council Staff Report March 20, 1985 Page k4 • estimated at $fi00,000.00, but only the site acquisition and planning is proposed for this year. Because the Census information does not show the residents of the area to be predominantly law and moderate income, a special survey of the area was completed in January, 1965, to qualify the project far CDBG funding. The area was clearly identified as eligible for Block Grant benefit. HUD concurs with the eligibility determination. Requested Funding: $300,000.00 Eligibility: Yes 6. Southwest Cucamonga Street Improvements (Area 1): This is a new project propas ed for multi-year funding. It would involve the reconstruction of the streets and addition of curbs, gutters, sidewalks, and driveway aprons on Via Carrillo, Placida Ccurt, Avenida Vej ar and Sierra Madre. The total cost would be $250,000.00, of which $25,000.00 is engineering and design. All of these streets are in the target area established 6y the survey. Requested Funding: 3250,000.00 Eligibility: Yes • 7. Southwest Cuc amonga Street Improvements (Area II ): This is a new project. It would involve the reconstruction of the streets and addition of curbs, gutters, and sidewalks on Calaveras, Salina Avenue, Vinmar Drive and Sierra Madre Avenue between Arrow and Ninth. The total cost is estimated to be 5250,000 of which $25,000 would be engineering and project design costs. Requested Funding: $250,000.00 Eligibility: Yes 8. Southwest Cucamonga Street Improvements (Area III): This Ss a new project also. It would involve the reconstruction of the streets and addition of curbs, gutters, and sidewalks on Calaveras, Vinmar, Sierra tladre between Eighth and Ninth. the total cast is estimated to be 8250,000 of which approximately $25,000 would be for project design and engineering. Requested Funding: $250,000.00 • Eligibility; Yes iyJ City Council Staff Report March 20, 1985 Page NS 11 L J Handicapped Sian s: Several shopping centers in Rancho Cucamonga do not have standing signs making handicapped spaces and citing the Section of the municipal code reserving them for the disabled. Without such signs, the Sheriff will not ticket non-handicapped people who use the spaces. The City cannot at this time require property owners to post such signs and the owners are reluctant to incur the additionai cost, although minor. Funds would be used to make up the signs for posting in older centers throughout the community. Requested Funding: 55,000.00 Eligibility: Yes 10. Ch affe -Garcia House: The Etiwanda Historical Society has requested 4 ,100.00 to move, protect, preserve, and restore the Chaff ey-Garcia House. 'When thfs work is completed, the house will be a museum surrounded by a small park. Since the house is not located in a target area, and will not serve predominantly low and moderate income residents, the City requested a federal eligibility determinatf on from HUO, who has indicated Lh at the project is not eligible since it does not meet the major requirement of principally benefiting low and • moderate income persons. Requested Funding: 547,100.00 Eligibility: Yo 11. Roll ing Start lnc.: Rolling Start is a non-profit public service agency which provides a variety of services to assist senior citizens and the disabled to be a61e to maintain an independent lifestyle. They have requested funding for three of their projects: a. General Counseling, information (510,000) and referral service. b. Lifeline services which provides (515,000) emergency alert equipment to qualified individuals, provides training in their use, and pays for a people to respond to an emergency alarm. c. Deaf services - which provides (5 8,000) interpreters, phone relay services, ~v ~ City Council Staff Report +larch 20, 1985 Page 46 • counseling and referral for the deaf and hearing impaired. Requested Funding: 533,300.00 Eligibility: Yes 12. Gardiner W. Spring Auditorium: Gardiner Auditorium is a regional cultural facility used by all the residents of the 'Rest Valley, including Rancho Cucamonga. The Chaffey Joint Union School District is requesting funds from several cities in the region to rehabilitate the structure, including cover my or removing the existing ceiling which contains as hes tos and upgrading of the wiring throughout the facility. This project was submitted, but not approved, for funding last year. Requested Funding: 540,000.00 Eligibility: Yes 13. Concerned Citizens for Community Improvement; According to information submitted, CGCI is a non-profit organization which provides services to the homeless, including counseling and referrals, assistance finding housing, food, jab training, and medical care to permit the homeless and poor to function • independently. Since this is a public service for the poor, all of the costs are eligible. This program was also submitted, but not approved, for funding last year. Requested Funding: 52),500.00 Eligibility: Yes RELOCATION ASSISTANCE POLICY: None of the activities proposed for funding this year or anticipated in 1985/86 would involve the displacement of residents or businesses. However, in the event that displacement should occur, provisions for relocation assistance will be made in conformance or with the City's adapted Relocation Policy and the requirements of state and federal law. FLOOD HAZARD PROTECTION: Although most of the water courses in the City have been channelized to reduce flood hazards, there are same areas which are potentially subject to flooding fn a 100-year flood, as indicated on the 1984 Federal Emergency Management Agency Flood Hazard Map. There are residential structures within the floodplain which could be eligible for participation in the rehabilitation program if the owners meet the income requirements. CDBG regulations require the City to develop policies addressing this problem. \J yy9 city Council Staff Report March 20, 1985 Page k7 u In accordance with Executive Order 11988, staff considered alternatives to rehabilitation of housing in the flood hazard areas and found them impractical or undesirable. One alternative would be to exclude residential units in these areas from the rehabilitation program and encourage the conversion of these areas to other uses. This would not guarantee that the use would change and low income residents of the properties would have no way to finance any necessary repairs of Cheir units. As a result, they would live in substandard conditions and therefore he more subject to flood damage. Another alternative would be to relocate the residents and remove the units from the flood hazard areas. This would he impractical and quit=_ expensive. In addition, the identified flood hazard areas encompass a mix of residential, public, commercial, and industrial uses. Removal of the residential use would neither remove the danger of flood damage and injury nor return Lhe flood area to its natural state. Therefore, the City has determined that rehabilitation of the units in the flood hazard area is [he most practical and desirah le alternative. In order to mitigate flood hazard impacts for any units which are rehabilitated under the program, the County of San Bernardino requires that owners of properties located in flood hazard areas show evidence of federal flood insurance coverage before their loans are funded. This requirement applies to all loans in Rancho Cucamonga. ANALYSIS: In considering project funding for Fiscal Year 1985/86, Staff has reviewed each of the proposals on the basis of el igibilSty under Block Grant criteria, status as an ongoing or obligated program/project and project priority in terms of need within the City. A substantial Housing Rehabilitation/Repair program is a virtual requirement of Block Gran[ programs. The North Town Park and North Town streets projects are multi-year in nature and the City already committed substantial funds toward their implementation. Therefore, based on the available level of funding, it appears that the most appropriate projects to be funded are the Housing Rehabilitation/Repair program, North Town Park and North Town Streets Drojects. Since total costs for these projects slightly exceed the funds av aitahle, (8383,000,00 v5. 8378,400.00 available) the Council will need to determine appropriate funding levels for each. RECOMMENDATIONS: Staff recommends that the Council adopt the attached eso ution, resulting in the following actions: 1. Adopt the attached Retac at ion Assistance Policy as required by HUD. <L Determine that the continuing aper ation of the housing rehabilitation program for homes located in the 100-year flood plain is an appropriate alternative and the proposed mitigation measures are adequate. /~ 0 City Council Staff Report March 20, 1985 Page #8 3. Select for preliminary funding: • a.HOUS ing Rehabilitation, b.North Town Park (2nd Year), and c.~lorth Town Streets, Area I (2nd Year) and determine funding levels for a total amount not to exceed 5318,400.00. ully submit~d, /~ ck o tv 1 'RG:LW:cv i Attachment: Preliminary Statement of Community Objectives • Relocation Assistance Policy C, J isi J W (7 ~ N N N O r+J a a a O a a • ~ M F W J •-• } y } Z } } LL W Cl Y 1- C' 2 5 O f 6 c ~6 0 ~ O c~ z U N Q U F < ~dU F ¢ O _ N p • ~ U R U ~ LL WCJO O ~ y .O ~- F d c .. H U 3 F Z T N N N N L V1 a Y a O a r0 a } 2 } d } 6 G 6 m m m m m n m m m b O O O O O O O O O O O O O O O O O O O O O ~ ~ ~ m o o i ~ u i v i ti ti r1 (~1 N N w w w w w w w 0 o O o 0 0 v+ 0 0 0 0 0 0 G O O O O O O O N CO O O O O Of H ~O u'f O ~t1 vt C t~f w u'f ~D N N o w w w w w •L L a a L L U a V U N N > ~ V ~ r N N a > C > > C C O L ~ L L ~ ~- a a a a ~ o VI C N VI C C G w W W E E T F , F ~ > ^ O ~ E E a i O O O V U U U U V U O O O O O O O O M O ~O O ~. rf C l[1 ? (7 O N N w w w w w w 0 o 0 ° 0 ° 0 ° 0 $ o ~n O V1 !~ (1 O h l(1 C' f~1 Q N N w w w w w w V ti L +~ V C a N L O N a+ .~ y G G $ G w vi ~ rn E m C .- 6 ~ T >~ W C O C C a ~ r N r V- N N 3 ~ h .+ ~ > A U a ~+ O t U U UO W ~ U U L L N N rn a v c T i T i V h• N N N N N ~ N W W x J J W F f 2 Z Z Z 2 Z Z Z Z Z v N N ~O N N vl VI Ol ri O1L p1Y ~ VI ti C C C C C C N O • C c o a o v o a c x L a x a y 0 E~ E E E F T O C L L JL N ~ r0 ~ A N Y O ~O N ~ N L U> U> U> N Y L d Vf G G N ~ O ~ O 7 0 U L a V ~ N 6 V L U L U L 'O L N ~ V N C C O. p 6 O..-. a A L Q O ~ E E E ~ ~ O W N Ot Nr r ^. ir N. Nr i .~ O. L a rn~ F- r v a c a ~ a ~ a ~ m >> rn a c c•~ t 30 3a+ ;++ 3F+ u a c c t C L L N a t E L a N L a A Z' a N W a N N Y V G M M ~tl Y a a V a a f~ a s 9 W ~O V J L L L O C J U J L L p L L J L L C N L C 1 O a O O •1- a 0 0 O M Q O Y Q O V Q N L O N O 1 'L d' Z 2 JU NU VI VIA NVf `~-' VI In `+ S U d' U' U 1 rl N M < N tp I~ 0p a O .ti N m rl rl e-1 rl i r 1- • CITY OF RANCHO CUCAMANGA RELOCATION ASSISTANCE POLICY FOP, THE COMMUNITY DEVELOPMENT BLOCK GRAYT PROGRAM Recent changes in the regulations governing the expenditure of Community Development Block Grant (CDBG) funds require that the City establish a policy governing the provision of relocation assistance to any family, individual, business, nonprofit organization or farm that results from implementation of its CDBG programs. It is the policy of the City to avoid displacement of all families, individuals, businesses, nonprofit organizations and farms in carrying out its CDGB programs. No di5pl atement is expected to result from the activities proposed for the 1985-86 fiscal year. However, in the event that operation of any of the CCBG funded programs results in the voluntary or involuntary displacement of any family, individual, business, nonprofit organization, or farm (whether owner or renter) the City will provide relocation assistance in accordance with the standards and guidelines set forth in the federal Uniform Reiocat ion Assistance and Real Property Acquisitior. Act and Section 726C et•seg. of the • State of California Government Code (Title 26, Chapter 6} and the guidelines issued by the Commission of Housing and Community Cevelopment. The City will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from total realtors, social agencies, and civic organizations. It is the City's objective that all displacees be relocated with a minimum of hardship in accommodations which are decent, safe, sanitary, and suitable to their individual needs; located in areas not less desirable than their current location in regard to public utilities and public and commercial facilities, and reasonably accessible to their customers or places of employment; and priced within their financial means. The City anticipates no relocations, and will handle those which result from implementation of CDBG activities in an individual, case-by-case manner. Services provided to eligible displacees shalt include but not be limited to: Providing information on project activities, rights, benefits, and options open to them. Maintaining liaison between displacees and agencies or firms with resources to assist them (e. g., Chamber of Commerce, Small Business Administration, Office of Local Economic Development, lending institutions, realtors, etc.) o locating, inspecting, evaluating, or stimulating the production of accommodations to meet the needs of all displacees. /~ 3 o Assisting displ acees in oht aining financing. • o Assisting displ acees in securing priority consideration far Section 8, public housing. or other housing assistance programs. o Making referrals to appropriate social, community, and welfare agencies. o Assisting eligible displ acees to prepare claims for all relocation assistance payments to which they are entitled. o Keeping records, maintaining files, and coordinating all relocation activities. o Providing all families, individuals, businesses, institutions, and farms which are displaced by CGBG-funded programs, with written notice of this policy, the types of service available to them, and the amount of relocation assistance benefits for which they may be eligible. (Payments will be those established by State and Federal guidelines.) City staff and consultants will be available to answer questions and provide information, and by their early involvement to see that relocation proceeds with a minimum of hardship. • i sy • CITY OF RANCHO CtiCA510NGA STAFF REPORT `o ~~u.itgtic ~' ~ ~•- x i ~Ir ~' ~x -_ ~ ~'> 1977 ~ DATE: April 11, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 85-01 - An amendment to the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, regarding Master Plans. BACKGROUND: The City Council directed Staff to prepare an amendment to the Development Code to clarify the intent and application of the Master Plan process. The Planning Commission held a public hearing on April 10, 1985 to consider the above described item and recommended approval of Development Code Amendment 85-O1. The only item of discussion was a consideration to include language further defining variable product type. The Commission felt it was unnecessary to further define the term, therefore did not recommend any changes to the proposed amendment. The attached Planning Commission Staff Report fully outlines the proposed amendment. RECOMMENDATION: The Planning Commission recommends that the City Council approve Development Cade Amendment 85-01 through adoption of the att hed Ordinance antl issuance of a Negative Declaration. Re ~ct ly submitted, ~! 11 i,J Rick Gomek~~~l Cit 1a er 'Attachments: Planning Commission Staff Report - April 10, 1985 ' Planning Commission Resolution ~~, City Council Ordinance J S .~ • RESOLUTION N0. 85-52 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 85- 01, AMENDING TITLE 17 OF THE MUNICIPAL CODE, CHAPTER 11.20, OVERLAY DISTRICTS, REGARDING MASTER PLANS WHEREAS, the Planning Commission has held duly advertised public hearings pursuant to Sec",ion 65854 of the California Government Code; and WHEREAS, the Planning Contniss ion finds it necessary to clarify the requirements for Master Plans. SECTION 1: The Rancho Cucamonga Planning Commission finds that the proposed Development Code Amendment 85-01 is an implementation of the General Plan goals and policies and that the General Plan Environmental Impact report adequately covers any potential significant adverse impacts. Further, the Planning Commission finds that no subsequent or supplemental environmental impact report is required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code. Specifically, the Planning Commission finds: A. No substantial changes are proposed in any goals or policies which would require major revisions to the • EIR. 8. No substantial changes have occurred with respect to the circumstances under which the project is being undertaken. C. No new information on the project has become available. SECTION 2: The Rancho Cucamonga Planning Commiss ien has roww in at this project will not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on March 21, 1985. NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends that the City Council approve and adopt the attached Ordinance amending Title 17, Development Cade, Chapter 17.20, of the Rancho Cucamonga Municipal Code. 2. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. ~~G APPROVED AND ADOPTED THIS 10th DAY OF APRIL, 1985. PLAN NG OMMISSION OF THE CITY OF RANCHO CUCFUMONGA . BY: Denn L, Stout, hairman ,% ATTEST: ~ ~~ ~ ~ - Rick Gomez, Deputy Secretary I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of April, 1985, by the following vote-to-wit: BYES: COMMISSIONERS: BARKER, REMPEL, CHITI EA, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL L • />9 STAFF REPORT DATE: April 10, 198b T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner c~~^ goy 2~ ~ c9~ z ! ~ \!i _ ~~ le;- ~ SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 85-01 - An amendment to the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, regarding Master Plans. ABSTRACT: the City Council has directed Staff to prepare an amendment to the Development Code to clarify the intent and application of the Master Plan process. The purpose of this report is to explain the attached Ordinance amending Section 17.20.30, Master P1 an Overlay District. • II. BACKGROUND: The Development Code requires preparation of a conceptu at-Master Pian for all areas specifically designated (with an asterisk) on the City's General Plan and Development Districts Map. Although there is no minimum or maximum size far these Master Plan areas, typically the Master Plan designation occurs in large undeveloped areas such as those areas around Chaffey College. The Master Plan process is intended to address the unique characteristics of certain areas and to assure harmony between proposed and existing uses. The Master Plan process also facilitates a comprehensive circulation and drainage system for a neighborhood to avoid piecemeal development. In essence, Master Planning means "planning ahead" and looking beyond the limits of a particular property to solve circulation, drainage, and neighborhood compatibility problems. On larger parcels, a variety of housing product types may be proposed 6y a Master Plan to deal with site constraints or opportunities and to promote neighborhood compatibility with surrounding uses. Pursuant to the Development Code Absolute Policies, proper transition of density or intensity is required from adjacent areas of lesser density or intensity. For example, in the Lynhaven apartment project by Lan Bentsen interests, the project site was located across the street from future Low Medium Residential densities, therefore, the project was designed with _ 6 ITEM M PLANNING COMMISSION STAFF REPORT Environmental Assessment & DCA 85-01 April 10, 1985 Page 2 • fourplexes as a transition to the two and three story apartments to the south. The Master Plan process may also facilitate discussion of other design techniques to provide transition of density, such as, open space setbacks, dense landscaping, architectural scale and mass, grade changes, etc. Further, large scale master planning of areas of 50 plus acres may be appropriate to ensure variety of housing product type and architectural style to discourage monotony and address the housing needs of a divergent population as encouraged by the City's General Plan Housing Element Policies. III. PROCESS: The Master Plan process is used in conjunction with a dev-eTopment apptican on (e.g., tentative tract, conditional use permit). Therefore, the criteria for evaluating the Master Plan are threefold: (1) absolute policies for residential projects, (2) development standards, and (3) design guidelines as specified in the City's Development Code. The proposed revisions to the Master Plan Overlay District, as shown in the attached revised Ordinance, are intended to clarify and expand the language regarding the following: a. Applicability of the Master Plan requirement to • specific parcels (17.20.030-B), b. Master Plan content (17.02.030-C2), and c. Approval process for Master Plans (17,02.030-D2). IV. ENVIRONMENTAL ASSESSMENT: Staff recommends that the Planning Commission ma a the findings required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code that would not require subsequent or supplemental Environmental Impact Report and recommends issuance of a Negative Declaration. This finding is based upon the fact that Development Code amendment implements the existing Goals and Policies of the General Plan which were fully analyzed with regard to environmental impacts during the General Plan EIR. CORRESPONDENCE: This item has been advertised as a Public Hearing in he Dai y Report newspaper. To date, no correspondence either for or against the proposed amendment has been received. • 7r9 PLANNING COMMISS [ON STAFF REPORT Environmental Assessment & OCA 85-01 APril 10, 1985 Page 3 u VI. RECOMMENDATION: If the Planning Commission determines that the proposed amendment can further implement the Goals and Policies of the General Plan and Development Code, adoption of the attached resolution recommending approval of the proposed amendment and issuance of a Negative Declaration to the City Council would 6e appropriate. R Spectf ly submitted, P ~Ric1iC me City Planner RG:DC:ns Attachments: Initial Study, Part I( Resolution Ordinance • /(,o ~~ ~~ c1r, o' s:,;c:;o cccaeosc, P.LRT II - I3IT:dL 5^'DF E:SIaO ;)T\i+i CY.EC.L',IS'. DATE: APPLI FP ::: PP,OJECi LOCdiIOS: /yj~ I. E\'l'I2C::"~.";TAL I`C+;,CiS (Explara cion of all "yes" and "maybe' answers are required on atcached sheets). YES `f.4Y3E NO 1. Sails and Geole zv. Will [he proposal have signi tis ant resu!cs in: a. L'nstab le ground cand!aons of in changes in gealogic relationships? -- b. Disruptions, displacements, compaction or burial of the soil? / c. Change in topography or ground surface / concour Snce rvals? d. The des cruc cion, covering or modification / of any unique geo legit o: phys !cal features? e. My potential increase in wind or water ero5 ion of so ". ls, affecting either on or oEE / site cond i[o ns? f. Changes 1n erosion sil ca tlo n, or depo5icicn^ _ ~ ___ f g. Exposure of people or proper:;: to geologic hazards such as earth qua kes, landslides, mud- / slides, ground failure, or similar hazards? _ h. M increase Sn the rate of extraction and/or use of any mineral resource? / 2, Nydro In cy. W111 the proposal have sign if !cant results in: ~c / ?age ? a. Changes in Curren;s, or the course of direc L'oa • of Having 5[reaps, TD+ers, or epher.eral sc: ea^. channels? b. Changes in absorp ;ior. races, drainage patterns, or [he rate and amount of surface water runoff? c. Al terac ions to the course or floe of flood vace rs? d. Change in the amount of surface water Sn any body of eater? e. Discharge in co surface va ce rs, or any alteration of surface water quality? f. Alcerat ion of groundvatez characteristics? r g. Change in the quantity of groundwacers, either through direct addic ions or vich- dravals, or through in cer'e rence with an aquifer? Quality? Quancicy? -- h. The reduction 1n the amount of water other- rr /•l vise available for puhlic water supplies? i. Expo su r¢ of people or property to eater / related hazards such as flooding or se fiches? 1 3. Air Ou alicv, Nill the proposal have significant zes ul cs in: a. Constant or periodic air emissions from mobile / or indirect sources? 5[a[iona zy sources? / b. Deterioration of ambient air quality and/or Sn terference wick the acta inment of app ll cable / air quality standards? -_- 1 e. Alcerat San of local or regional clinatic cond icions, affecting air movement, eo is cure or tecpera to re? 4. Bio•a Flora. Uill the proposal have signif Kant results in : a. Change 1n the chars cterisclcs of Species, including divers l[y, dls tributlon, or number / of any species aF plants? D. Reduction of the numbers of any un Sque, rare _ / or endangered species aE plants? -- / 4 1 _ ~ ?a i? J •~ c. Introduce Son OE ^ev Or dl5 ruptSVe SDeti25 OI planes into an area? / 1/ d. Reduc to n-Sn the potential for agri cal coral / Fauna. Will [he proposal have significant results i (L n: a. Change in [he characteristics of species, inc Lud i^g diversity, dls erlbucimn, or numbed / of any spe ces of animais? 1 b. Reduce Son of the numbers of any unique, rare or endangered species of animals? / c. Introduction of nev or disrun Live species of f aaiaals into an area, or result in a barrier Co the migration or movement of animals? d. Deterioration or removal of exlscing fish or - v11d Life bah itat? / 5. Ponuia:ion. Will [he proposal have slgnif icant L resui is in: a. Will the proposal alter Che location, distri- buti on, dens iiy, dice rs icy, oz grovin rate of the F / .uman population of an area? 6. Will the proposal affect existing housing, or create a demand for additional housing? 6. Socio-Fc gnomic Fac co rs. Will [he proposal have sign if icanc results in: a. Change Sn Iocal or regional soclo-economic character is tics, including economic or cocercial diversity, tax rate, and property values? b. Will pro}ect costs be equ St ab ly dis crlbuced -- among project benef isfar ies, S.e., buyers, tau payers or project users? / 7. Land L'se and Pla~ni~¢ Ccn s'de-~['o Wii1 the _- p ropo sdl have signrc icar.c resuis in! a. A substanclal glee rat lop of the pres enc or yTanned land use of an area? / ~~ 6. A conflict with any designations, objectives, pollc Ses or ado ted l , p p ans of any governmental entl[Ses? c. An i©pact upon the qulalty of quantity of existing consuvptlve or non-consumptive / retreat Tonal opportunicles? yc3 - - . j2 e g. iransnort azion. W111 [he proposal hay? significant • results in: a. Ceneracion of substantial addlaona' vehicular _ movemen c? / b. Eff ec cs on ex iscing scceets, or decond fe- neu s[: eet construction? / c. Effects on ex is cing parking fat it ivies, or demand for nev pa rklrg? / r d. Subs[an[ial Smpact upon existing cranspor ta- Lion systems? / e. Alterac ions co presenc patterns of circula- tlcn or movement of people and/or goods'. / f. Alt eracions co or of fees on presenc and po cencfal vacer-borne, rail, Hass [tans it or air [ra ific? g. Increases 1n traffic hazards to motor vehicles, -- b icycliscs or pedestrians? 9. Cul tural Resources. Will [he proposal have __ szgniticanc resui cs in: a. A disturbance Co [he incegrit;~ of arcbaeologi ca 1, paleontological, and/oz historical resources.' C 10. Health. Safety, and \uisance Fac-ors. Bill the _ .~ pro posal have signif icon[ resul cs in: a. Creaclon of any health hazard or potential health / hazard? L b. - Exposure of people [o potential health hazards? -- / c. A risk of explosion or release of hazardous substances 1n the even[ of an acv idenc? __ d. M Increase 1^. chc number o.' lnd iv !duals or specias of vet cot or pachenogenic organisms or the exposure of people ca such organisms? / e. Increase in existing noise levels? f. Exposure of people [o po centially dangerous noise levels? Sh g. e creation aF obJ ec tfonab le odors? _ ___ h. M increase In light or glare? __ /~Y Page > ~4C3- VO 11. Aes Chet its. Will the proposal have sign if Scant resui cs Sn: a. The obstruct on or degrada cicn of any scenic / vista oz view? b. The creation of an acs thecically off enslve / site? c. A conflict vi [h the objective of deslgra ted oz 2ocen cial scenic corridors? _- L 12. Ut11 Sties and Pu613c Ser~lces. Will the proposal have a significant need for new sys Gems, or alceraclons [o the following: a. Electric power? b. Natural a; packaged gas? __ 1 c. Communications systems? d. Water supply? ~ _/ / e. Wastewater facilf ties? ,_ _ f. Flood control structures? g. Solid vas ce facilicies? ,_ ~ / h. Fire protection? ! i. Police protection? ~. Schools? ,.,~ k. Parks or ocher recreational facilicies? __ 1. Maintenance of public facll ictes, including roads and flood control fac111 ties? m. Other governmental services? 1J. Enerev and Scarce Resources. Nill the proposal have sign i'. Scant resu LCS in: a. Use of substantial or exc ess Sce fuel or enezg}'^. b. Substantial increase Sn demand upon existing / sources of energy? _ c. M Increase in Che demand for development of / new sources of energy? -- d. M increase or perpe coat Ion of ehe consumption of non-renewab lc forns of energy, when feas Sble / renewable sources of energy are available? __ _ /6F 7age 6 yrS ua•i ac ti0 e. Subscant ial depletion of any nonrenevablz or •( scarce natural resou r_e? 14. Hard ator: Find 1.^,^.`of 5lzni ficance. a. Does the project have the potential to degrade the quality of [he environment, sub sta ncially reduce the habitat of fish or vil dl ife species , cause a fish or vlldlife popul scion co drop below self sustaining levels, threaten co eliminate a plan[ or animal cocunlcy, reduce the number or rescrir. the range of a rare or endan 3ered plan[ oz animal or eliminate important examples of the major periods of Califarn is history or prehistory? / b. Does the project have the potential to achieve shot:-term, m the disadvantage of long-te r_. , environaencal goals? (A short-term Smpact on the environment is one which occurs Sn a relaclvely brief, definitive period of time while long- / term impacts will endure veil into Che future). 1 c, Does [he project have 1¢pac[s which are Sndividually liml~ed, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of an individual proj etc are considerable when viewed Sn connection vi ih the effects of pas[ projects, / and probable future proj ec[s). 1 / d. Does [he project have environmental effects I vh ich will cause substan clal adverse effects / mn human beings, either directly Or indirectly? LI. DISCCSSIOg OF ESCI?,Ot'"~";TgL BI AL'J-TI09 the above questions plus a discussion of (propos ed eitigatfonemeasuzes)Co ~~~ lace IIi. DETE?u*\;TIW: Qn the as is of th'_s Snl dal evaluailon: I find the proposed proj eci COL'J `70S have a sigo:: itan[ effect on the environaeni, and a SEOhTICi DECL,:.UTI O:: will be prepared. _ I find [hat al [hough the pro?osed project could have a significant I I of °ect on the env izo:.~enc, [here will not 6e a si:niflcan: ei[ecc LJ In Ch!s rase because the cStlse[ion measures descri6 ed on an at Lathed shee[ have been added to the projec c. A \EG,TIt~ DEC'W:AATIOY RILL SE PRE?AP.ED. I fSnd the proposed proj etc ?L envi:-yens, anQd an 'eACI2C\:~S'. Dace v ~~ ~ ORDINANCE N0. P~d=-Y•l=i~'0 .259 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA, AMENDING TITLE 17, SECTION 17.20.030 OF THE MUNICIPAL CODE, REGARDING MRSTER PLAN REQUIREMENTS The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: That Section 11.20.030, Master Plan Overlay District, is hereby amended to read as follows: Section 11.20.030 Master Plan Overlav District A. Purpose. The intent of the Master Plan process is to "plan ahead" and look beyond the limits of a particular property to solve circulation, drainage and neighborhood compatibility problems. The purpose of the Master Plan Overlay District is to establish procedures to address the special or unique needs ar characteristics of certain areas designated by the General Plan or Specific Plans and to assure a harmonious relationship between the existing and proposed use, and to coordinate and promote the • community improvement efforts of both private and public res ources. B. App licability 1. All areas specially designated as Master Plans on the Land Use Plan of the General Plan shall 6e considered areas where preparation of a conceptual Master Plan shall be considered mandatory. 2. Any other areas may be considered areas where preparation of a conceptual Master Plan if in the opinion of the City Planner the application or project site involves unusual site development constraints or unique characteristics, or raises questions of development policy substantially more significant than generally pertain to applications. 3. All development within a Master Plan Overlay District shall comply with the intent of Master Plan as approved by the Planning Commission. However, it is not the intention of the master planning process to 11mit the flexibility to develop alternative solutions consistent with the intent of the Master Plan. i® 4. There -hall be no minimum or maximum area requirement for a Master Plan Overlay District. /!, i! Administration • 1. Establishment of Overlay District. The Master Planned District may be applied in combination with any development district pursuant to Section 17.02.060, Amendments. A Master Plan Overlay District shall be designated upon the Development District Map, by an asterisk "*" after the reference number identifying each base district, for all areas designated by the General Plan as required by the City Planner. 2. Master Plan Requirements. Where required, by Section 7.20, a conceptual Master Plan shall be submitted for approval together with any development application, and considered as a part of, unless specifically exempted as provided for by Section 17.06.030A. Applications far a Master Plan shall be filed with the Planning Df vis ion in a manner prescribed by the City Planner. At minimum, M:.ster Plans shall indicate through graphics and text, conceptual building locations, conceptual subdivision layout in residential areas, overall circulation, points of ingress and egress to both public and private streets, parking lot layouts, conceptual grading and drainage, areas to be used for landscaping and plazas, and pedestrian circulation. Areas • intended for common use, such as Shared access, reciprocal parking or pedestrian plazas shall also be identified. [n addition, a statement of architectural intent and/or conceptual elevations shall be submitted to indicate how the architecturai concepts including style, various product types, form, bulk, height, orientation, and materials relate to other buildings or Drojects within the planning area. Further, the Master Plan shall indicate implementation, respons ibi if ty for and phasing of necessary improvements. The conceptual Master Plan shall be reviewed for consistency with the purpose of this section, Absolute Policies contained in Section 17.08.050, design guidelines of the base district, and the criteria contained in Section 17.06.010. D. Ruthority. 1. The Planning Commission shall hold a public hearing on each application for a Master Plan. The hearing shall be held simultaneously with the development application for which the Master Plan was prepared, and shall be set and notice given as prescribed in Section 17.02.110 Public Hearings. Upon completion of • /C S • the public hearing, the Planning Commission shall approve, conditionally approve, or deny the Master Plan. [f the Planning Commission denies the Master Plan, their decision shall be final unless appealed to the City Council within ten (10) calendar days (see Section 11.02.080). 2. The Planning Commission may alter the Master Plan and impose such restrictions and conditions as it may deem necessary to ensure that the Master Plan will be in harmony with the intent and purposes of this section and with the adopted plans and policies of the City and/or guidelines as approved by the Planning Commission. E. Find ings. The Planning Commission shall make the same findings required for approval of the related development application as set forth by this Code. SECTION 2: The City Council finds that Development Code Amendment BS-O1 is an implementation of the General Plan goals and policies and that the • General Plan Environmental Impact Report adequately covers any potential significant adverse impacts. Further, the City Council finds that no subsequent or supplemental environmental impact report is required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code. Specifically, the City Council finds Lhat: A. No substantial changes are proposed in any goals or policies which would require major revisions to the EI R. No substantial changes have occurred with respect to the circumstances under which the project is being undertaken. C. No new information on the project has become available. SECTION 3: A Negative Declaration is hereby adopted for this Development- od~Amen dment, based upon the completion and findings of the Initial Study. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dai1Y Report, a newspaper of general circulation published in the City of Ontarfo, California, and circulated in the City of Rancho Cucamonga, California. • /7° L J • MEMORANDUM April 17, 1985 T0: Members of the City Council City Manager FROM: Robert A. Rizzo Assistant to City Manager SUBJECT: Granting of Non-Exclusive Franchises to Operate Cable Television Systems in the City of Rancho Cucamonga ,•>-- The matter pertaining to cable television (CATV) before the City Council tonight is to consider granting three non-exclusive franchises to operate CATV systems in the City of Aaneho Cucamonga (grantees are Scott Communications, DCA Ca6levSsion, and Daniels A Asaoniates ). Granting these franchises lays the groundwork which provides that each resident of our community would have the opportunity to receive CATV. Hey points in the agreement are as follows: A. System Capacity: -- 54 channels to subscribers -- 4 reverse channels (deferred until requl red) -- 15 channel Didirentional Institutional Network (deferred until required) B. System Features: -- 2 Satellite Earth Stations -- Emergency Alert -- Standby Power -- Parental Control Lock -- Technical Standards exceeding FCC requirements C. Cablecasting Faci lilies (franchisees combined to contribute x30,000 Cor equipment at the Chaffey Colleg? studio) 0. Cablenas ling Channels: -- Up to 5 downstream and 1 upstream channel on Pasidential Netvork -- Up to 6 bidirectional channels on Institutional Netvork Continued... ,~~~ 9 ~i r~ f _ ~ ~ s r7/ April 17, 1981 2 Cable Franchises • E. Cablenasting Support: CATV operators viii provide a grant of E1 per year per subscriber each year, for the purpose of providing public access facilities. F. Ini*.ial Service Area defined for each franchisee. Must serve ZSA before expanding. G. Security fund =20,000 (a3, 000 cash, E17r000 letter of credit) H. ti Year franchise I. Reimbursement of franchise coats (ceiling of x10,000 each franchisee) Execution of these agreements culminates over seven years of wrk on the part of the City Council sorting out various CATY franchises granted by the County prior to incorporation. If you have any questions or concerns regarding this matter, feel free to contact me. • RAR:mk • i~1 Revised 3/18/85 AGREEMENT AN AGREEMENT GRANTING A NON-EXCLUSIVE FRANCHISE TO SCOTT CABLE COMMUNICATIONS, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN THE CZTY OF RANCHO CUCAMONGA AND SETTING FOATH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. r 1 LJ I73 TABLE OF CONTENTS • Page SECTION 1: GRANT OF FRANCHISE 1 SECTION 2: DEFINITIONS. 4 SECTION 3: GENERAL REQUIREMENTS 5 SECTION 4: CONSTRUCTION AND SERVICE REQUIREMENTS. 7 SECTION 5; 'SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS 10 SECTION 6: SERVICES AND PROGRAMMING 14 SECTION 7; SUPPORT FOR LOCAL CABLE USAGE. 15 SECTION 9; RATES AND CHARGES• 16 SECTION 9: PURCHASING, TRAINING AND HIRING REQUIREMENTS 18 SECTION 10: REGULATION 19 SECTION 11: SEPARABILITY 21 • SECTION 12; FORCE MAJEUAE; GRANTEE'S INABILITY TO PE RFORM• 22 SECTION I3: HOLD HARMLESS. 23 • /'7N - 1 - A G R E E M E N T THIS AGREEMENT, made and entered into this 17th day of April 1985 at Rancho Cucamonga California by and between the City of Rancho Cucamonga, a municipal corpora- tion of the State of California, ("Grantor"), and Scott Cab 1e Communications, Inc. ("Grantee"). W I T N E S S E T H WHEREAS, the City of Rancho Cucamonga, pursuant to Title 7 • of the P,ancho Cucamonga Municipal Code (referred to as Title 7 hereafter), is authorized to grant one or more non-exclusive revocable franchises to operate, construct, maintain and recon- struct a cable television system within the City; and WHEREAS, the City, after public hearings, has determined that it is in the best interest of the City and its residents to grant a franchise to Scott Cable Communications, Inc. NOW, THEREFORE, the City (hereinafter also known as the Grantor) hereby grants to Scott Cable Communications, Inc. (hereinafter the Grantee) a cable television franchise in accor- dance with the provisions of Titie 7, and this Agreement. /~S - 2 - 1. GRANT OF FRANCHISE • 1.1 Grant. Scott Cable Communications, Inc. a corporation with its principal place of business located at 7GG West Airport Freeway, Irving, Texas 75061, and its local office at 9524 19th Street, Rancho Cucamonga, California 91701, is hereby granted for itself, its successors and assigns, subject to the terms and conditions of this Agreement and Title 7 the franchise, authority, right and privilege, for a fifteen (15) year period from and after the effective date hereof , to construct, operate and maintain a cable television system within the streets and public ways within the City of Rancho Cucamonga. 1.2 Right of Grantor to Issue Franchise. Grantee acknow- ledges and accepts the right of Grantor to issue a franchise • and Grantee agrees it shall not now or at any time hereafter challenge this right in any way or in any local, State or Federal court. 1.3 Effective Date of Franchise. The effective date of the franchise shall be the date of execution of this Agreement by the Grantor, subject to prior execution by the Grantee. 1.4 Duration. The term of the franchise shall be fifteen (15) years from the effective date hereof at which time it shall expire and be of no force and effect. Renewal shall be in accordance with Title 7 and applicable law, 1.5 Franchise Not Exclusive. The franchise shall not be construed as any limitation upon [he right of Grantor, th rough its proper officers, to grant to other persons or corporations • r~4 - 3 - • rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets and public ways or public places by franchise, permit or otherwise, provided, however, that such additional grants shall not operate to materially modify, revoke oz terminate any rights granted to Grantee herein. 1.6 Franchise Acceptance. The Grantee, by executing this Agreement, guarantees performance by Grantee of all of Grantee's obligations hereunder imposed by Title 7 and this Agreement. • /77 _ q _ 2 DEFINITIONS • . For the purposes of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "sha .1" is always mandatory and not merely directory. The definitions contained in Title 7 are incorporated herein as if fully set forth. 2.1 "Agreement" Or "Franchise Agreement" means this agreement and any amendments or renewals thereof. 2.1 "Grantee" means Scott Cable Communications, Inc. , • or any person or entity who or which succeeds Scott Cable Communi- cations, Inc. in accordance with the provisions of this franchise. 2.3 "Grantor" or "City" means the City of Rancho Cucamonga or its delegate acting within the scope of its jurisdiction. 2.4 "Initial Service Area" or "ISA" means the geog raohic area of the City, identified in this Agreement, whose residents must be provided with cable service prior to Grantee providing service to any other area of the City. 2.5 "Section" means any Section, subsection or provision of this franchise agreement. • i?f - 5 - • 3. GENERAL REQUIREMENTS 3.1 Governing Requirements. Grantee shall comply with the requirements of this Agreement and Title 7. 3.2 Franchise Fee. The Crantee shall pay to the Grantor an annual franchise fee of five percent (58) of Gross Annual Revenues. 3.3 Recovery of Franchise Costs. As provided for in Title 7, Grantee within th ir[y (30) days after receipt from Grantor of a written itemization, shall reimburse Grantor for its reasonable costs incurred during the franchise process, not to exceed Ten Thousand Dollars ($10,000). If, at any future time, Grantor shall recover any portion of these costs from other Grantees, Grantee shall be entitled to a pro rata refund of • excess costs recovered. 3.4 Payment to Crantor. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Grantor may have for further or additional sums payable under the provisions of this Agreement. All amounts paid shall be subject to audit and recompu tation by the Grantor. 3.5 Liability Insurance and Indemnification. Upon the effective date of the franchise, Crantee shall furnish proof that satisfactory liability insurance policies are in force, in the minimum amounts of: ° Worker's Compensation -- As requited by the State of California. ' Comprahen~ive General Liability -- $ 1,000,000 eech occurrence; 55,000,000 umbrella. r9f - 6 - ° Comprehensive Automobile Liability -- • S 500,000 The liability insurance policies shall be maintained throughout the duration of this franchise, with a copy filed with Grantor. The insurance carriers shall 6e authorized to do business in California, and subject to Grantor approval. 3.6 Security Fund. Within thirty (30) days after the effective date of the franchise, Grantee shall deposit into a bank account of Grantor, established by Grantor, and maintain on deposit, the sum of not less than Twentv Thousand Dollars ($ 20.000.00) as security. Of said amount, no less than Three Thousand Dollars ($3,000.00) must 6e in cash; the remainder may be in the form of an irrevocable letter of credit, the form of which is subject to the prior approval • of the Grantor. When service has been made available to all residents of the ISA, the security fund may be reduced to Five Thousand Dollars ($ 5,000.00), and maintained at this amount throughout the term. of the franchise. • (~ O -~- 4. CONSTRUCTION AND SERVICE REQUIREMENTS 4.1 General. The Grantee shall meet or exceed all the material construction and service requirements set out in this franchise agreement regardless of whether its subscriber pene- tration and/or revenue assumptions prove to be correct. 4.2 Construction Schedule. The ISA is defined as indicated in Exhibit A of this agreement. Grantee shall complete system construction and offer service to all residents within the ISA within six ( 6 ) months after the effective date of this Agreement. Grantee anticipates a period of three ( 3 ) months after the effective date of the franchise will be sufficient to negotiate pole line attachment agreements with the utility pole owners and • to acquire all necessary permits and clearances necessary to hegin construction. Grantee shall complete system construction and provide service to all ISA residents in accordance with the requirements of Exhibit A. 4.3 Liquidated Damages. It is understood that it is impossible at this time to reasonably ascertain the total extent of damages which may be incurred as a result of a failure 6y Grantee to complete construction within the construction period specified in this Agreement. Such impracticality arises out of the difficulty of establishing a cost for future damages suffered by the public who are denied services or the effect of noncomple- tion with respect to inconvenience, anxie ty, frustra lion, financial lose, effective and efficient regulation of the franchise for the promotion and protection of the public convenience, health, safety and/or welfare, or other factors which are incapable of measurement in precise monetary terms. Therefore, Grantee offers is ~ - 8 - and agrees to compensate the Grantor in the amount of One • Hundred Dollars (5100.00 ) per day for each calendar day on which Grantee has not completed construction of the system in accordance with this Agreement. The Crantor, upon a proper showing, agrees to waive such liquidated damages in the event that a failure to complete such construction arises out of Acts of God; earthquake, lightning; flood, fire; explosion, riots or civil disturbances; or other causes not foreseeable and beyond the control of Grantee. 4.4 Delay in Construction. Grantee shall make a good faith and diligent effort to obtain all necessary permits and clearances. Within three (3) months after the effective date of this franchise, Grantee shall report to Grantor its estimate of • the initial construction date. The initial construction date estimated after three (3) months may be used by Grantor as the presumptive construction starting date, with all construction requirements based on that date provided, however, that Gran *.ee may adjust its estimated initial construction date upon a showing of delays which are beyond its reasonable control or which are not reasonably foreseeable. For any schedule delay that may occur, the burden of proof shall be on the Grantee to demonstrate that such delay was beyond its reasonable control or was not reasonably foreseeable. The imposition by Grantor of any damages shall be in accordance with the procedures set forth in Section 10.2 hereof. • /tl - 9 - • 4.5 Right of Inspection of Construction. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law. 4.6 Provision of Service Within the ISA. Subject to the provisions of Section 8.3 and Exhibit B hereof, Grantee shall provide all residential services to all residents of the ISA not served by other Grantees at uniform installation charges and monthly rates, within the schedules of Exhibit A. New residences in active cable areas shall be offered service within sixty (60) days after occupancy. • 4.7 Provision of Serivice Outside the ISA. Subsequent to provision of service to all residents of the ISA, Grantee may extend service to any areas of the City. Grantee, at its option, may elect to provide such service regardless of whether service is being provided by another Grantee. u l83 -lo- 5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS • 5.1 stem Configuration. The cable television system shall be capable of including at least two interconnected networks: a residential, or "A" Cable, network and an institutional, or "B" Cable, network. Construction of the institutional network may be deferred as indicated in Exhibit A. Both networks shall nrevi de bidirectional communications capability, with such capability activated in accordance with the provisions of this Agre ement. 5.2 Channel Capacity. The cable television system shall be capable of delivering, by the time specified in Exhibit A, signals at frequencies up to at least four hundred (400) megahertz ([~~HZ), with specific capacity as indicated below. Cable Signal Network Dizec lion Residential (A1) Outbound Residential (A1) Inbound Signal • Frequency Channel Range Capacity 54-400 MHz 52-54 Video + FM 5-30 MHz 4 Video + Data institutional (B) Outbound MHz 15 Video Institutional (e) Inbound MHz 15 Video 5.3 Satellite Earth Stations. Grantee shall provide two ( 2) satellite earth stations initially. Grantee shall reasonably provide a sufficient number of earth stations to receive signals from all operational communications satellites that generally carry programs carried by cable systems, throughout the life of the franchise. • ity • - 11 - 5.4 Capacity for Interactive Residential Services. Grantee shall provide the capability for interactive residential services. When such services are offered, all customer equipment necessary for such services, such as addressable interactive converters, home terminals and home detectors, shall be provided to sub- scribers by Grantee in accordance with established and uniform rate schedules. S.5 Cab lecastinq Facilities. Grantee shall provide a capital grant of 515,000 for cablecas ring equipment to be located at Chaffey Community College. The College, through contract with the City, shall manage the public, Educational • and Government (PEG) access program for all access users of the cable system. In consideration of the equipment grant, Grantee shall not be required to provide any additional local origination or access facilities or personnel. 5.6 Interconnection. Upon Grantor request, Grantee shall negotiate in good faith Co interconnect access channels of the cable television system with neighboring cable systems in the City. Within three (3) months of a Grantor request, Grantee shall report to Grantor the results of the negotiations. 5.7 Eme rgency Alert Capability, Within six (6) months after a Grantor request, Grantee shall provide the system capability to transmit an emergency alert signal to all. participating subscribers. Grantee shall also provide an emergency audio override capability to permit Grantor to interrupt and cablecast an audio message on ell channal• •imultanaowly in the event of disaster or public emergency, i8s - 12 - 5.8 Standby Power. Grantee shall provide standby power • generating capacity at the cable communications system control center and at all hubs capable of providing twelve ( 12 ) hours of emergency power supply. 5.9 Parental Control Lock. Grantee shall provide sub- scribers, upon request, with a parental control locking device or digital code that permits inhibiting the video and audio portions of premium channels. 5.10 Technical Standards. The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart R (Technical Standards) and any amendments thereto, shall apply. However, because of the recent development of interactive and other innovative services, modifications of FCC standards, as • presented in the specifications below, are considered as necessary to meet system service objectives, and achievable with available commercial components and installation procedures. (1) Forward Signals -- Class I Channels. The system shall be capable of carrying fifty-four (54) Class I Television Channels and the full FM broadcast band. The combined forward trunk and distribution system shall deliver signals to each subscriber's Tv receiver that will meet or exceed the following specifications at the mean system temperature + 70° F. This shall include the effects of drop cables, interior splits and any terminal equipment ouch as descramblers and set-top convertors. i7C - 13 - • A, Second order beat ratio d8 B. Third order beat ratio d8 C. Hum 8 D. Composite beat ratio dB E. Cross modulation ratio - dB F. Signal Co noise ratio _ d8 G. Network generated echo dB for ns dele H. Envelope Delay ns max. I. Differential Gain _ 8 J. Differential Phase (2) Reverse Signals -- The reverse channels shall have the capability of providing return signals from any subscriber tap to the extreme end of any area without noticeable signal degradation or interference: A. The system capability shall include transmission of color video, black and white video, and both low and high speed data, whether analog or digital. • 8. If necessary to prevent the build-up of noise and distortion products, the area shall be divided into sections, and sub-trunks run to a central hub within the area. Equivalent alternatives such as addressable taps or switches may be utilized. C. No more than + 5q damV output level shall be required out of any customer interface device to meet the system specifications. D. where applicable, the end of the system specifications shall include the effects of any signal reprocessing equipment necessary to achieve forward transmission. E. For Class I signals, the signal delivered to the subscriber's TV receiver, after being transmitted to the headend, '~ processed and retransmitted down a Forward channel, shall meee the Technical.Standerde of the PCC raguleiions, Psrt 76, Subpsrt K. /87 - 14 - 6. SERVICES AND PROGRAMMING • 6.1 Initial Services and Programming. Grantee shall provide, as a minimum, the initial services and programming listed in this section and in the tier format as shown in Exhibit C. If any listed basic service shall become unvailable, or cannot be provided for valid reasons, Grantee shall provide substitute programming, if available, considered at least as attractive to cable system subscribers. Grantee shall not reduce the number of basic program services without at least thirty (30) days prior written notification to the Grantor. 6.2 Leased Channel Service. Grantee shall offer leased channel service at nondiscriminatory rates and on reasonable terms and conditions, in accordance with applicable law. 6.3 Public, Educational and Government (PEG) Channels. • Grantee shall provide the system capacity indicated in Section 7.2(g) herein for public, educational and government usage throughout the life of the franchise. Grantee may utilize such channels if not utilized for PEG purposes, but shall relinquish the channels within six (6) months of a Grantor notification of intended use. • /t$ - ls- 7. SUPPORT FOR LOCAL CAH LE USAGE • 7.1 Public, Educational and Government Access. Grantor, at its option, may delegate to an independent non-profit entity, such as Chaf fey Community College, the authority to manage PEG channels, support funds and other considerations provided by the Grantee and/or others, designed to promote and develop public-benefit usage of the cable system. 7.2 Grantee Support for Public Cable System Usage. Grantee shall provide the following or equivalent support for public cable usage, as a minimum: (a) Provision of the access equipment gran[ designated in Section 5.5 of this Agreement. (b) Provision of a grant of one dollar (51.00) per subscriber per year For PEG access support annually for the life of the • franchise, based on the number of basic subscribers connected to the system at the end of each year. Grantee agrees that this grant is not a franchise fee, but rather is made in lieu of the grantee providing public access facilities. (c) Dedication of ten percent (108) of the cable system's Residential Network downstream capacity [ five (5) channels], twenty-five percent (258) of the cable system's Residential Network upstream capacity (one I1) channel], and forty percent (408) of the cahle system's Institutional Network channel capacity ( six (6) bidirectional channels) for PEG use throughout the life of the franchise. Should system capability be expanded in the future, additional channels shall be dedicated for public use to total the percentages indicated above. 7.3 All items indicated in Section 7.2 above shall 6e provided in accordance with the schedule atteched in Exhibit E. /d) - 16 - 8. RATES AND CRARCEE 8.1 Initial Rates and Charges. Grantee's initial rates and • charges Eor basic service shall not exceed chase listed in Chis section. 8.2 Basic Service - Residential Subscribers. The Snicial rates and charges for basic service to residential subscribers shall not exceed the following: Tler T Installation Honthly (Channel Service) Charge Ra[e First TV Outlet 29.95 11.00 Additional TV Outlets, each 10.00 1,50 F.1 (with TPj 10.00 1.50 F!1 (without Tp) 29.95 11.00 Converter (deposit charge) -0- -0- Converter Rental (Addzessabin Remote) -0- 6.00 Converter Rental (Addressable SetTop) -0- 4.00 Converter Rental (Basic Remote) -0- 4.00 Relocation 15.00 -0- Recomection 15.00 • -0- U /~j0 _ 17 8.1, Basic Service - Apartment, Commercial and Public . Facilities. The initial rates and charges Eor basic service to apartments, commercial organizations and public facilities shall not exceed the Eolloving: Apartment - Rulk Rate Ins taLlation Monthly A11 Tiers Charge Rate Firs[ Outlet 70I of Basic Reconnection • Apartments - Individual Rate AL1 Tiers Firs[ Outlet Same as Basic Reconnection Same as Basic Commercial First Outlet cam as Ba is Additional Outlets Same as 0asic Governmental and Educational Fac ili[ies' First Outlet 0 0 Addi Cional Outlets 0 __ 0 •Pro vided to the facilities listed in li xh ibit D. i9/ -le- 9. PURCHASING, TRAINING AND EMPLOYMENT REQUI P.EMENTS • 9.1 Local Purchasing and Hiring Policy. Grantee shall establish a policy of employing City residents within its own operations, and/or utilizing City-based firms for purchases and construction subcontracts, to the maximum extent possible. Grantee shall provide Grantor with a written report of local purchasing and hiring achievements, upon reasonable Grantor request. 9.2 Equal Employment opportunity and Affirmative Action Programs. Throughout the term of the franchise, Grantee shall conduct its business as an Equal Employment Opportunity/ Affirmative Action Employer. In addition, throughout the term of the franchise, the Grantee shall maintain a policy that all employment decisions, practices and procedures are based on • merit and ability without discrimination in violation of state of federal law on the basis of an individual's race, color, re ligion, age, sex, national origin, or physical or mental handicap. The Grantee's policy shall apply to all employment actions including advertising, recruiting, hiring, promotion, transfer, remuneration, selection for training, company benefits, disciplinary action, lay-off and termination. The Gcan[ee shall carry out this policy through continued dedication to a determined and sustained effort to provide equal employment opportunities to all by taking affirmative action to employ and advance in employment qualified women, minorities, persons who are physically or mentally handicapped and veterans. • /9s - 19 - • 10. REGULATION 10.1 Franchise Regulation. The franchise granted under this Agreement shall be subject to regulation by Grantor in accordance with the provisions of Title 7 and applicable law. 10.2 Remedies for Franchise Violations. (a) In addition to the remedies for delays in construe- ~~ tion as specified in Title 7 and Section 4.3 of ., this Agreement, Grantor reserves the right to impose the following remedies in lieu of liquidated damages in the event Grantee violates any other material provision of the franchise, provided that Grantee has not commenced corrective action within thirty (30) days written ' notice by certified mail to the general manager of the Grantee. 1 d ) Assess ( amages, not to exceed Fi E,ty Dollars ($ 50.00 ) per day or per incident, for G rantee's individual willful and/or repeated violation of the franchise or failure to take corrective action with res oect to a violation of any material provision of the franchise. (2) Require Grantee to make rate rebates to any ' customers or classes of customers for degraded or interrupted ' service in such artiount and on such basis as Grantor may deem reasonable (3) Require Grantee to correct or otherwise remedy the violation prior to any rate increase becoming effective. (b) In the event the stated violation is not reasonably curable within sixty (60) days, the franchise will not be terminated a or revoked or damates assessed pursuant to Section i. 4.3 of this •:.;~yy"'~ . i.; ~r c_ .)~. F~ vs 3 A p - z o - Agreement if the Grantee provides, within the said sixty (60) • days, a plan, satisfactory to the Grantor, to remedy the violation and continues to demonstrate good faith in seeking to correct Said violation, (c) In determining which remedy or remedies for Grantee's violation are appropriate, Grantor shall take into con- sideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations and such other matters as the Grantor may deem appropriate; provided, however, that adequate remedies must be imposed if service is in any way materially lessened, or if any material provision of this franchise is not complied with. (d) Within ten (10) days after receipt of a written notice of a violation from Grantor, Grantee may request a hearing before a Grantor-designated hearing officer in a full public proceeding affording due process, Such hearing shall be held within thirty (30) days of the receipt of the request therefore. ?* ~'i ~.',. ' ~•'"~~ .~. ._ i .. ~.; ~;; is +'~;t 111 - zl- • 11. SEPARP,BILITY 11.1 If any material section of Tit 1e 7 and this Agreement, as determined by the Grantor, is held to be invalid or preempted by federal or state regulations or laws, the Grantor shall negotiate with Grantee appropriate modifications to Chis Agreement to provide reasonable relief from such invalidity or preemption. If the parties are unable to reach agreement on such modifications, the dispute will be submitted to an arbitrator, in accordance with California law, who will determine what modifications are appropriate and the arbitrator's decision shall b_ binding on _ the parties. • • ,. I5S ~~'~,„~x :: ..}V['i.r .. .~.r .. ., ... a1~YJA' .. r..M1.. ., ,. :'J. J.L. SMiI dJ _ 22 _ 12. FORCE MAJEURE: GRANTEE'S INABILITY TO pERFORtd • 12.1 Zn the event Grantee's performance of any of the terms, conditions, obligations or requirements of this franchise or Title 7 is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified Grantor in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes. • ,. ~ '! <~' ,' Flf *~ w,~4 'k ~ . - 23 - • • 13. HOLD HARMLESS 13.1 The Grantee on behalf of itself, its successors and assigns, shall defend, indemnify and hold harmless the Grantor, its officers, boards, commissions, agents and employees, and each of them, against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merits of the same, arising out of or related to the exercise or enjoyment of the franchise granted pursuant [o [his Agreement and to Title 7 including costs of investigations, attorneys' fees and court costs in the _ defense of any actions, [o the extent that such claims or demands are alleged to be the result of any error, omission, intentional act or negligent act of Grantee or any persons employed by Grantee, even if that Grantee employee is in error or by misinformation alleged to be a Grantor employee. { J (~~~~'~~ •. .n.y ~' _ Zq _ IN WITNESS WHEREOF, Gc'antor and Grantee have executed • this Agreement the date and year first above written. APPROVED AS TO FORM: CITY OF RANCI(O CUCADIONGA A Municipal Corporation City Attorney Corporate Seal ey Mayor Date: ATTEST: City Clerk (SEAL) • Scott Cable Communications, I ey President Dale 1 .W, . ......., . _~ .,..,..~,....,.,:::.:.. ,..... l9 8 i~ ~ .•h w..:':?: a'a . -,.r..« if i y, n..J"~, '~'.~ P 1~ t}~Jr ..v .~c~..'/ ...4.F :.. EXHIBIT A CONSTRUCTION AND SERVICE SCHEDULE, ~I n U :1 q.~' 8~ 4: p ~tu~` Xl~ , EXItI BIT A • 1. The Initial Service Area (ISA) Shall include all residences north of 19th Street that are not serviced by any other cable company (refer to map). 2. Within six (6) months from the effective date of the franchise, service will be available to all subscribers within the ISA. 3. Grantee shall extend cable lines to any new developments within the ISA and provide cable service within 60 days _ of first move-in. 4. Grantee's standard service drop is two hundred feet (200'). Anything over 200' will be paid by subscriber at • Grantee's cost of labor and material. 5. Grantee shall not be required to provide activated two-way capacity on the Residential Network for at least three (3) years after the effective date of this Agreement. After the first System and Services Review, called for in Section 7.03.080 of Title 7 the City may issue findings indicating that activation is economically and technically feasible, and may require such activation within a reasonable period. 6. After the second System and Services review, six (6) years from the effective date of this Agreement, the City may issue findings indicating that an independent Institutional Network is economically and technically feasible and may require the construction of this Network. Such a requirement ~;~ shall be imposed on all Grantees concurrently. J ~ ", 'i aDO • 4 U 3 M 0 3( Z w o m C t r z u y~ ..I ~ £ w N O d U N ti Y N: j N 2 2 7 4° i • I 4 4r~ C. N~ 1 U ~ :J ['~ ~z ~~ II t.. c U .. 1 P~ a ' o- W 11 4 LL 1 it 4 ~ i I1 I N r 1 1 P P 1 •4 11 'Y II W ,i O~ 2 J b~ 1 11 ° z 3nY atltl3N] Wtl 11 a = N O < d m ~ < j o c n il a >•II Z ~ ; u y: x N LL Y • ° I WII 2 ~ t 4 < W LLII N ull i 11 ' i pal ~ 3nY •GH rM (l3 ^ `~ ^^ O11 d.~ ` Y1 1 1 1 1 W_Y33 tl] aY0 - 1 I ~ 3M Y3a5 3NlOtl I ~ - - 1 ~ i ~ ~: ':: ::~: : I W F~ i E ~~~~// 3^!iiti iic i' ~~~`i X151: o F o i T p iiix~yy!eieeeiii ~iiei ~.Y 33 t i ~ ~ ° u i ii?.,~ Y{fi" ~iiiiiiiiiiii!iiiiiia[, ; Y' Y3 ` a i: o: So 2 u a iji~ ~exlieiiiieiiiiiieiiiiil .i 3 ~\ _ )~4 '3aY N3~YN iii Iii iil ] ~ ° ~ i ~:i '~ i s ii~1' {Y...w.J~ll ..~~.. 2 ~ . Y3xtl lla 2 . ~ ii ~ii 2 t ~ j i i 'I:: o Y i l • ¢ ~ ii Ei ~ 3nY OIYB pJtl1 • J c = a i iii!{: iejii '...:.I... ~ ~ ~ o .... :::::: "iiiiiil:l: ~ iilii • 3n1 NINll3N o 2 iiijjji :: :::::::iii:.. ~ W Mi~ ::::::::::::::::::::.:..ili rii« ~ • rt 2 ~ ::~~~'j~l iiia rouMONr Jn] 3nY Qtl113N1n 3 r u 1~~~~~.: .. F ~: ~jY] WW i .......... .. Iri ':::::::::~:: ~ ~ V lf ii /M3 t' ~ ~ iitf!i[ii... ii[i:r::=::1 f illl!Iliiiilill ::::::::::::: 151 ~~ PO e ° e el ::: ::1i3111iiii '!~ .....1~1.. :iiiiei... i o ; P° d1 r ut .. i~ ~ II :: I ° 2 ~ W _ Wp e :.:.Y..:::::.... I O ~ ! O i ° J 11 ~ J c F i x ~ C 11 p m w ~ i V , ,1 a 31w3+r anJn3 i FYRTRTT R INSTITUTIONAL NETWORK COMMITMENTS • .. u.'.1....,,. r ~'~ Y ~ 6fP 010 , Gf i EXHIBIT B When the Institutional Network is constructed, Grantee shall provide the following: 1. All Public Schools and City facilities within ISA shall be passed and provided with free connection. 2. Grantee will provide more than one drop to any institution at Grantee's cost. 3. Grantee will provide internal cabling at Grantee's cost. 4. Institutional Network capacity shall be allocated on a first-come, first-served basis. 5. Grantee shall provide access to the Institutional Network, providing user supplies 20 dB signal within the allocated RF Hand Frequency. The method of connections will be standard 75 Ohm cable connections. 6. Grantee will negotiate in good faith to inter- connect the Institutional Network with other Institutional Networks within the City. a . `~ . ' ~ ~"', 9 ~. . X03 .,f ~;;,';~., EXHIBIT C INITIAL PROGRAMMING AND TIER STRUCTURE • • ',~? ~ ~S ,., 2oY ,.K', ...:_ ~... .... ..,. .. ::.....~:.. n., EXHIBIT C BASIC KCBS KVCT IC7HC KTLA KTHM KAHC KYIHY KBS KIBS KTTV KC ET KCOP KSCI ICtEX Nickelodian/Arcs 'ESP9 Cable Yens Network USA Nashville M'iR Video Nits I Lifetime Chriscian Broadcasting Network KISC _ Government/Public Access The Vfea[her Channel F31 • A11 Band The Movie Channel Showtime FIHO The Disney Channel Y layboy • ,A _ ~ ,<., 5 5 F XHTATT ~ FREE PUBLIC BUILDING INSTALLATIONS • \J COL ... .. .. ,...... ..:i,,,._. . .~ i:r EXHIBIT D 1 2 Grantee will provide one free drop and free basic cable service to all government and public buildings within the ISA. Grantee will provide more than one drop and internal wiring at Grantee's cost. • i 07 ., ..... ..a, ~. .r~:w • ~ }' r 1 ~ih4• ~~}' ........ .. .:~g~•e~ ~'~ r 1 U SCHEDULE OF GRANTEE CObLMITMENTS ..., .. ~ .,.rl.n. .~, ~....^~. ~•O ~ '.~. ~ e t.. EXHIBIT E 1. Franchise payments shall be made quarterly on a calendar basis, and be due and payable within 45 days of the end of each quarter. 2. The cablec asting equipment grant of Section 5.5 shall be provided within six (6) months of the effective date of franchise. 3. The PEG access support grant of Section 7.2 (b) shall be provided no later than January 31 of each year. LJ ., a. ~~~, i ... • 1`.~w'~" ~ '.w Y'j ... ..~ W ~w n1.~~ Revised 3/18/85 AGREE.HENT AN AGREEDfENT GRANTING A NON-EXCLUSIVE FRANCHISE TO DICKINSON CALIFORNIA-ARIZONA ASSOCIATES, LTD. (dba DCA CABLEVISION) TO OPERATE A CABLE TELEVISION SYSTEN IN THE CITY OF RANCHO CUCAMONGA AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE .Z/O TABLE OF CONTENTS Paae SECTION 1: GRANT OF FRANC[IISE• 2 SECTION 2; DEFINITIONS 4 SECTION 3: GENERAL REQUIREMENTS. 5 SECTION 4: CONSTRUCTION AND SERVICE REQUIREMENTS 7 SECTION 5: SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS• 10 SECTION 6: SERVICES AND PROGRAMMING. 14 SECTION 7: SUPPORT FOR LOCAL CABLE USAGE 15 SECTION B; RATES AND CHARGES 16 SECTION 9: PURCHAS ING~ TRAINING AND HIRING REQUIREMENTS. 18 SECTION 10: AEGVLATZON. 19 SECTION 11: SEPARABILITY. 21~ SECT YON 12: FORCE MAJEUAE; GRANTEE'S INABILITY TO PERFORM 22 SECTION 13: HOLD HARMLESS - 23 Init. • Init. as • • - 1 - A G R E F. M E N T TFfZS AGREEMENT, made and entered into this 17th day of April 1985 at Rancho Cucamonga. California by and between the City of Rancho Cucamonga, a municipal corpora- tion of the State of California, ("Grantor"), and Dickinson G~lifornia-Arizona Associates, Ltd., dba DCA Cablevision ("Grantee"). W I T N E S S E T H WHEREAS, the City of Rancho Cucamonga, pursuant to Tile 7 • of the F.ancho Cucamonga tunicipal Code (referred to as Title 7 hereafter), is authorized to grant one or more non-exclusive revocable franchises to operate, construct, maintain and recon- struct a cable television system within the City; and WHEREAS, the City, after public hearings, has determined that it is in the best interest of the City and its residents to grant a franchise to DCA Cablevision NOW, THEREFORE, the City (he:einaf ter also known as the Grantor) hereby grants to DCA Cablevision , (hereinafter the Grantee) a cable television franchise in accor- dance with the provisions of Title 7, and this Agreement. ® Init. Init. .1/1 - 2 - 1. GRANT OF FRANCHISE. 1.1 Grant. CCA Cablevision a corporation with its principal place of business located at 10640 Nord: 20th Drive, Suite A-106, Phoenix, Arizona 05029, and i ts local office at 9155 Archibald Ave. Suite 302 Pancho Cucano a CA. 91730, is hereby granted for itself, its successors and assigns, subject to the terms and conditions of this Agreement and Title i the franchise, authority, right and privilege, for a fifteen (16) y~; ar period from and after the effective date hereof, to construct, operate and maintain a cable television system within the streets and public ways within the City of Rancho Cucamonga. 1.2 Right of Grantor to Issue Franchise. Grantee acknow- ledges and accepts the right of Grantor to issue a franchise • and Grantee agrees it shall not now or at any time hereafter challenge this rig}.t in any way or in any local, State or Federal court. 1.3 Effective Date of Franchise. The effective date of the franchise shall be the date of execution of this Agreement by the Grantor, subject to prior execution by the Grantee. 1.4 Duration. The term of the franchise shall be fifteen (15) years from the effective date hereof at which time it shall expire attd be of no force and effect. Renewal shall be in accordance with Title 7 and applicahle law. 1.5 Franchise Not Exclusive. The franchise shall not be construed as any limitation upon the right of Grantor, through its proper officers, to grant to other persons or corporations • Init. Init. a/3 - 3 - • rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets and public ways or public places by franchise, permit or otherwise, provided, however, that such additional grants shall not operate to materially modify, revoke or terminate any rights granted to Grantee herein. 1.6 Franchise Acceptance. The Grantee, by executing this Agreement, guarantees performance by Grantee of all of Grantee's obligations hereunder imposed by Title 7 and this Agreement. Init. Init. n -J ~~y -4- • 2. DEFINITIONS For the purposes of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions contained in Title 7 are incorporated herein as if fully set forth. - 2.1 "Agreement" or "Franchise Agreement" means this agreement and any amendments or renewals thereof. 2.1 "Grantee" means DCA Cablevision or any person or entity who or which succeeds DCA Cablevision in accordance with the provisions of this franchise. 2.3 "Grantor" or "City" means the City of Rancho Cucamonga or its delegate acting within the scope of its jurisdiction. 2.4 "Initial Service Area" or "ZSA" means the geographic area of the City, identified in this Agreement, whose residents must be provided with cable service prior to Grantee providing service to any other area of the City. 2.5 "Section" means any section, subsection or provision of this franchise agreement. Init. Init. • ~~e' - 5 - . ]. GENERAL REQUIREMENTS ].1 Governing Requirements. Grantee shall comply with the requirements of this Agreement and Tit l=_ '. 3.2 Franchise Fee. The Grantee shall pay to the Grantor an annual fzanchise fee of five percent (58) of Gross Annual Revenues. 7.3 Recove rv of Franchise Costs. As provided for in Title 7, Grantee within thirty (30) days aftez receipt from Grantoz of a written itemization, shall reimburse Gra n[or for its zeasonable costs incurred during the franchise process, not to exceed Ten Thousand DoLlazs ($10,000). If, at any' future time, Crantor shall recover any portion of these costs from other Grantees, Grantee shall be entitled to a pro rata refund of • excess costs recovered. 3.4 Payment to Grantor. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Grantor may have for further or additional sums payable under the provisions of this Agreement. All amounts paid shall be su63ect to audit and recomputation by the Grantor. 3.5 Liabili t•~ 2nsurance and Indemnification. Upon the effective date of the franchise, Grantee shall furnish proof that satisfactory liability insurance policies are in force, in the minimum amounts o£: ° Worker's Compensation -- As required by the . Init. State of California. _ Init. Comprehensive General Liebility -- $ 1,000x000 each occurrence; 55,000,000 umbrella. .2/~ - 6 - ° Comprehensive Automobile Liability -- • S 500.000 The liability insurance policies shall be maintained throughout the duration of this franchise, with a copy filed with Grantor. The insurance carriers shall be authorized to do business in California, and subject to Grantor approval. 3.6 Security Fund. Within thirty (30) days after the effective da [e of the franchise, Grantee shall deposit into a bank account of Grantoz, established by Grantor, and maintain on deposit, the sum of not less than Twenty Thousand Dollars ($ 20,000.00) as security. Of said amount, no less than Three Thousand Dollars ($3,000.00) must be in cash; the remainder may be in the form of an irrevocable letter • of credit, the form of which is subject to the prior approval of the Grantor. When service has been made available to all residents of the ISA, the security fund may be reduced to Five Thousand Dollars ($ 5,000.00), and maintained at this amount throughout the term of the franchise. Init. Init. • A/7 -~- 4. CONSTRUCTION AND SERVICE REQUIREMENTS 4.1 General. The Grantee shall meet or exceed all the material construction and service requirements set out in this franchise agreement regardless of whether its subscriher pene- tra lion and/or revenue assumptions prove to 6e correct. 4.2 Construction Schedule. The ISA is defined as indicated in Exhibit A of this agreement. Grantee shall complete system construction and offer service to all residents within the ISA within thirty-six( 36) months after the effective date of this Agreement. Grantee anticipates a period of six ( 6 ) months after the effective date of the franchise will be sufficient to negotiate pole line attachment agreements with the utility pole owners and • to acquire all necessary permits and clearances necessary to begin construction. Grantee shall complete system construction and provide service to all ISA residents in accordance with the requirements of Exhibit A. 4.7 Licuidated Czmages. It is understood that i[ is impossible at this time to reasonably ascertain the total extent of damages which may be incurred as a result of a failure by Grantee to complete construction within the construction period specified in this Agreement. Such impracticality arises out of the difficulty of establishing a cast for future damages suffered by the public who are denied services or the effect of noncomple- tion with respect to inconvenience, anxiety, frustra lion, financial loss, effective and efficient regulation of [he franchise for the Init. promotion and protection of the public convenience, health, Init, safety and/or welfare, or other factors which are incapable of measurement in precise monetaiyBterme. Therefore, Grantee of Eere _ g and agrees to Compensate the Grantor in the amount of One • Hundred Dollars ($100.00 ) per day for each calendar day on which Grantee has not completed construction of the system in accordance with this Agreement. The Grantor, upon a proper showing, agrees to waive such liquidated damages in the event that a failure to complete such construction arises out of Acts of God; earthquake, lightning; flood, fire; explosion, riots or civil disturbances; or other causes not foreseeable and beyond the control of Grantee. 4.4 Delay in Construction. Grantee shall make a good faith and diligent effort to obtain all necessary permits and clearances. Within three (3) months after the effective date of this franchise, Grantee shall report to Grantor its estimate of • the initial construction date. The initial construction date estimated after three (3) months may be used by Grantor as the presumptive construction starting date, with all construction requirements based on that date provided, however, that Grantee may adjust its estimated initial construction date upon a showing of delays which are beyond its reasonable control or which are not reasonably foreseeable. For any schedule delay that may occur, the burden of proof shall be on the Grantee to demonstrate that such delay was be}'o nd its reasonable control or was not reasonably foreseeable. The imposition by Grantor of any da mayes shall be in accordance with the procedures set forth in Section 10.2 hereof. Init. Snit. • 2l9 ' -~- • 4.6 Right of Inspection of Construction. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law. 4.6 Provision of Service Within the ISA. Subject to the provisions of ,S ection 8.3 and Exhibit B hereof, Grantee shall provide all residential services to all residents of the ZSA not served by other Grantees at uniform installation charges and monthly rates, within the schedules of Exhibit A. New residences in active cable areas shall be offered service within sixty (60) days after occupancy. 4.7 Provision of Serivice Outside the ISA. Subsequent to • provision of service to all residents of the ISA, Grantee may extend service to any areas of the City. Grantee, at its option, may elect to provide such service regardless of whether service is being provided by another Grantee. Init. Init. • X20 - 10 - 5. SYSTEM DESIGN AND PE RFO RFIANCE REQUIREMENTS 5.1 System Configuration. The cable television system shall be capable of including at least two interconnected networks: a residential, or "A" Cable, network and an institutional, or "B" Cable network. Construction of the institutional network may be deferred as indicated in Exhibit A. Both networks shall provide bidirectional communications capability, with such capability activated in accordance with the provisions of this Agreement. 5.2 Channel Capacity. The cable television system shall be installed to deliver signals at frequencies up to at least four hundred (400 ) megahertz (MHz), with specific capacity as indicated below. Signal Cable Signal Frequency Channel • Network Direction Range Capacity Residential (A1) Outbound 54-400 MHz 52-54 Video + FM Residential (A1) Inbound 5-JO MHz 4 Video + Data Institutional (B) Outbound MHz 15 Video Institutional (e) Inbound MHz 15 Video 5.3 Satellite Earth Stations. Grantee shall provide two___(_2_) satellite earth stations initially. Grantee shall reasonably provide a sufficient number of earth stations to receive signals from all operational communications satellites that generally carry programs carried by cable systems, throughout the life of the franchise. Init. Init. • ~2/ _ 11 _ 5.4 C~acity for Interactive Residential Services. Grantee shall provide the capability for interactive residential services. tJhen such services are of _'ered, all customer equipment necessary for such services, such as addressable interactive converters, home terminals and home detectors, shall be provided to sub- scribers by Grantee in accordance with established and uniform rate schedrLes. 5.5 Cable casting Facilities. Grantee shall provide a capital grant of 515,000 for cablecasting equipment to be located at Chaffey Community College. The College, through contract with the City, shall manage the Public, Educational and Government (PEG) access program for all access users of • the cable system. In consideration of the equipment grant, Grantee shall not be required to provide any additional local origination or access facilities or personnel. 5.6 Interconnection. Upon Grantor request, Grantee shall negotiate in good faith to interconnect access channels of the cable television system with neighboring cable systems in the City. Within three (3) months of a Grantor request, Grantee shall report to Grantor the results of the negotiations. 5.7 Emergency Alert Capability, within six (6) months after a Grantor request, Grantee shall provide the system capability to transmit an emergency alert signal to all participating subscribers. Grantee shall also provide an emergency audio override capability Init. [o permit Crantor to interrupt and cablecast an audio message on Init, all channels eimul taneously in the event of disaster or public emergency. 22'x- - 12 - • 5.8 Standby Power. Grantee shall provide standby power generating capacity at the cable communications system control center and at all hubs capable of providing twelve ( 12 ) hours of emergency power supply. 5.9 Parental Control Lock. Grantee shall provide sub- scribers, upon request, with a parental control locking device or digital code that permits inhibiting the video and audio portions of premium channels. 5.10 Technical Standards. The Federal Communications Commission (£CC) Rules and Regulations, Part 76, Subpart K - (Technical Standards) and any amendments thereto, shall apply. However, because of the recent development of interactive and other innovative services, modifications of FCC standards, as • presented in the specifications below, are considered as necessary to meet system service objectives, and achievable with available commercial components and installation procedures. (1) Forward Signals -- Class I Channels. The system shall be capable of carrying fifty-four (54) Class I Television Channels and the full FM broadcast band. The combined forward trunk and distribution system shall deliver signals to each subscriber's TV receiver that will meet or exceed [he following specifications at the mean system temperature • 70° F. This shall include the effects of drop cables, interior splits and any terminal equipment such as desc ramblers and set-top co nverGe rs. Init. • Init. 2a3 - 13 - • A. Second order beat ratio d- -. Third order beat ratio de C. fium 8 D. Composite beat ratio d3 E. Cross modulation ratio dR F. Signal to noise ratio d- G. Network generated echo d8 for ns dela H. Envelope Delay _ ns max. i. Differential Gain 8 J. Differential Phase -°~ (2) Reverse Signals -- The reverse channels shall have the capability of providing return signals from any subscriber tap to the extreme end of any area without noticeable signal degradation or in[erf erence. A. The system capability sha 11 include transmission of color video, black and white video, and both law and high speed data, whether analog or digital. • B. If necessary to prevent the build-up of noise and distortion products, the area shall he divided into sections, and sub-trunks run to a central hub within the area. Equivalent alternatives such as addressable taps or switches may be utilized. C. No more than r 54 d-mV output level shall be required out of any customer interface device to meet the system specifications. D. Where applicable, the end of the system specifications shall include [he effects of any signal reprocessing equipment necessary to achieve forward transmission. Init. E. For Class I signals, the signal delivered to the Init subscribe is TV receiver, after being transmitted to Che headend, • processed and retransmitted down a forward channel, shall meet aiN the Technical.Standarde of the FCC regulations, Pert 76, Subpart K. _ lq _ 6. SERVICES AND PROGRAMFI2 NG 6.1 Initial Services and Programming. Grantee shall pzo vide, as a minimum, the initial services and programming listed ir. this section and in the tier format as shown in Exhibit C. If any listed basic service shall become unvailable, or cannot be provided for valid reasons, Grantee shall provide substitute programnti ng, if available, considered at least as attractive to cable system subscribers. Grantee shall not reduce the number of basic program services without at least thirty (30) days prior written notification to the Grantor. 6.2 Leased Channel Service. Grantee shall offer leased channel service at nondiscriminatory rates and on reasonable terms and conditions, in accordance with applicable law. r1 \. J 6.3 Public, Educational and Government (PEG) Channels. • Grantee shall provide the system capacity indicated in Section 7.2(g) herein for public, educational and government usage throughout the life of the franchise. Grantee may utilize such channels if not utilized for PEG purposes, but shall relinquish the channels within six (6) months of a Grantor notification of intended use. Init. Init. • 7.11 - 1S - 7. SU?PORT FOR LOCAL CA-LE USAGE 7.1 Public, Educatio ral and Goverrmen[ Access. Grantor, • at its option, may delegate to an independent nor.-profit entity, such as Chaffey Community College, the authority to manage PEG channels, support funds and outer considerations provided 6y the Grantee and/or others, designee to promote and develop public-benefit Usage of the cable system. 7.2 Grantee Suooort for Public Cable Svs tem Usage. Grantee shall provide the following or equivalent support for public cable usage, as a minimum: (a) Provision of the access equipment grant designated in Section 5.5 of [his Agreement. (b) Provision of a grant of one dollar ($1.00) per subscriber per year for PEG access support annually for the life of the franchise, teased on the number of hasic subscribers connected to • the system at the end of each year. Grantee agrees that this grant is not a franchise fee, but rather is made in lieu of the grantee providing public access facilities. (c) Dedication of ten percent (109) of the cable system's Residential Network downstream capacity ( five (5) channels), twenty-five percent (25d) of the cable system's Residential Network upstream capacity (one (1) channel), and forty percent (409) of the cable system's Institutional Network channel capacity ( six (6) bidirectional channelsf for PEG use throughout the life of the franchise. Should system capability be expanded in the future, additional channels shall Init. be dedicated for public use [o total the percentages indicated Init. above. 7.3 All items indicated in Section 1.2 above shall be provided in accordance with the schedule attached in Exhibit E. 216 _ 1G _ 8. RATES AND CHARGES 8.1 Znitial Rates and CharSes. Grantee's initial rates a nd ~ charges for basic service shall not exceed those listed in this se on 9.2 Rasic Service - Residential Subscribers. The initial rates and charges for basic service to residential subscriber s shall not exceed the following: Tier I ~ Installation Monthly ( Channel Service) Charqe Rate First TV Outlet 25.00 9.95 Additional TV Outlets, each 15.00 3.00 FM (with TV) 15.00 3.00 FM (without TV) 25.00 9.95 Converter (deposit charge) 25.00 (deposit) 3.00 (Re,mte Rent Relocation 15.00 Reconnection 15.00 Tier II ( Channel Service) • First TV Outlet Additional TV Outlets, each FM (with TV) __ FM (without TV) Converter (deposit charge) _ Relocation _ Reconnection ___ Tier III ( Channel Service) First TV Outlet Additional Tv Outlets, each FM (with TV) __ Init. FM (without TV) Init. Converter (deposit charge) • Relocation Reconnection ~,z7 - 17 - 8.3 -asic Service - Aoartment Commercial and Pu61ic • Facilities. The initial races and charges for basic service [o apartments, commercial organiz a [ions and public faciliti es shall not exceed the following: Apartment - Sulk Rate Ins to llacion Monthly A11 Tiers Charge Ra[e First Outlet Neao tiated Reconnection • Apartments - Individual Rate All Tiers First Outlet 25.00 9.95 Reconnection 15.00 Commercial First Outlet 25.00 9.95 Additional Outlets 15.00 3.00 Init. init. Governmental and Educational Facilities" First Outlet N/C N/C Additional Outlets Time and Dla terial Cost "Provided to the facilities listed in Exhibit b. zz8 -le- 9. PU RCIiAS ING, TRAINING ACJD EMPLOYMENT FEQGI PWCL:STS • 9.1 Local Purchasing and Niring Policy. Grantee shall establish a policy of employing City residents within its own operations, and/or utilizing City-based firms for purchases and construction subcontracts, to the maximum extent possible. Grantee shall provide Grantor with a written report of local purchasing and hiring achievements, upon reasonable Grantor rev uest. 9.2 Eq ua1 Employment Opportunity and Affirmative Action Programs. Throughout the term of the franchise, Grantee shall conduct its business as an Equal Employment Opportunity/ Affirmative Action Employer. In addition, throughout the term of the franchise, the Grantee shall maintain a policy that all employment decisions, practices and procedures are based on • merit and ability without discrimination in violation of state of federal law on the basis of an individual's race, color, religion, age, sex, national origin, or physical or mental handicap. The Grantee's policy shall apply to all employment actions including advertising, recruiting, hiring, promotion, transfer, remuneration, selection for training, company benefits, disciplinary action, lay-off and termination. The Grantee shall carry out this policy through continued dedication to a determined and sustained effort to provide equal employment opportunities to all 6y taking affirmative action to employ and advance in employment qualified women, minorities, persons who are physically or mentally handicapped and veterans. • - Init. Init. 12f - 19 - • 10. REGULATION 10.1 Franchise Re~.ulation. The franchise granted under this Agreement shall be subject to regulation by Grantor in accordance with the provisions of Title 7 and applicable Law. 10.2 Remedies for Franchise Violations. (a) In addition to the remedies for delays in construc- tion as specified in Title 7 and Section 4.3 of this Agreement, Grantor reserves the right to impose the following remedies in lieu of liquidated damages in the event Grantee violates any other material provision of the franchise, provided that Grantee has not commenced corrective action within thirty (30) days written notice by certified mail to the general manager of the Grantee. • (1) Assess damages, not to exceed °if tv Dollars (5 50.00 ) per day or per incident, for Grantee's individual willful and/or repeated violation of the franchise or failure to take corrective action with resoect to a violation of any material provision of the franchise. (2) Require Grantee to make rate rebates to any custorie rs or classes of customers for degraded or interrupted service in such amount and on such basis as Grantor may deem reasonable (3) Require Grantee to correct or otherwise remedy the violation prior to any rate increase becoming effective. (b) In the event the stated violation is not reasonably curable within sixty (60) days, the franchise will not be terminated • or revoked or damages assessed pursuant to Section 4.3 of this Init. Init. X30 -zo- Agreement if the Grantee provides, within the said sixty (60) • days, a plan, satisfactory to the Grantor, to remedy the violation and continues to demonstrate good faith in seeking to correct said violation. (c) In determining which remedy or remedies for Grantee's violation are appropriate, Grantor shall take into con- sideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations and such other matters as the Grantor may deem appropriate; provided, however, that adequate remedies must be imposed if service is in any way materially lessened, or if any material provision of this franchise is not complied with. . (d) Within ten (10) days after receipt of a written notice of a violation from Grantor, Grantee may request a hearing before a Grantor-designated hearing officer in a full public proceeding affording due process. Such hearing shall be held within thirty (30) days of the receipt of the request therefore. Init. Init, • ]7/ _z1- • 11. SEPARABILITY 11.1 If any material section of Title 7 and this Agreement, as determined 6y the Grantor, is held to be invalid or preempted by federal or state regulations or laws, the Grantor shall negotiate with Grantee appropriate modifications to this Agreement to provide reasonable relief from such invalidity or preemption. If the parties are unable to reach agreement on such modifications, the dispute will be submitted to an arbitrator, in accordance with California law, who will determine what modifications are appropriate and the arbitrator's decision shall be binding on the parties. u Lnit. Init, a.3 i _ 22 - 12. FORCE MAJEURE: GRANTEE'S INABILITY TO PERFOP:d • 12.1 Zn the event Grantee's performance of any of the terms, conditions, obligations or requirements of this franchise or Title i is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified Grantor in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes. I1 U Init. Init. C, J X33 - 23 - • 13. HOLD HAF:~7LES5 13.1 The Grantee on behalf of itself, its successors and assigns, shall defend, indemnify and hold harmless the Grantor, its officers, boards, commissions, agents and employees, and each of them, against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merits of the same, arising out of or related to the exercise or enjoyment of the franchise granted pursuant to this Agreement and to Title 7 including costs of investigations, attorneys' fees and court costs in the defense of any actions, to the extent that such claims or demands are alleged to be the result of any error, omission, intentional act or negligent act of Grantee or any persons employed by Grantee, • even if that Grantee employee is in error or by misinformation alleged to be a Grantor employee. Init. Init. L_J lay . - 24 - IN WITNESS WHEREOF, Grantor and Grantee have executed • this Agreement the date and year first above written. APPROVED AS TO FORM: CITY OF RANCIfO COCAAfONGA A Municipal Corporation 8y City Attorney Mayor Date: ATTEST: City Clerk • (SEAL) DCA Cablevision Corporate seal ay Init. Init. 1.3 i' . President Date • EXf{I DIT A CONSTRUCTION AA7D SERVICE SCHEDULE • ~.3 L EXHIBIT A • 1. The Initial Service Area (ISA) shall include all residences indicoted on attached map that are not serviced by any other cable company (refer to map). 2. Within thirty-six (36) months from the effective date of the £ranch ise, service will be available to all subscribers within the ISA. 3. Grantee shall extend cable lines to any new developments within the ISA and provide cable service within 60 days of first move-in. 4. Grantee's standard service drop is two hundred feet (200'). Anything over 200' will be caid by subscriber at Grantee's cost of labor and material. • 5. Grantee shall not be required to provide activated two-way capacity on the Residential Network for at least three (3) years after the effective date of this Agreement. After the first System and Services Review, called for in Section 7.03.080 of Title 7 the City may issue findings indicating that activation is economically and technically feasible, and may require such activation within a reasonable period. 6. After the second System and Services review, six (6) years from the effective date of this Agreement, the City may issue findings indicating that an independent Institutional Network is economically and technically feasible and may Init. require the construction of this Na twozk. Such a requirement Init. shall be imposed on all Grantees concurrently. .2» ~c :.7 U u .: .^ _>, '~ ~~~~ ~: 1~ -~ ~. -_ .tsa E%HIBIT e INSTITUTIONAL NETWORIL CODIMITMENTS • .2, f EXHIBIT 9 This exhibit is to be completed by the Grantee and shall indicate: L. A list of initial institutions to be passed by the Institutional Network, when constructed. 2. Institutions which will be provided free connection. 3. Grantee's policy on providing more than one drop to a public agency. 4. Grantee's policy on providing internal cabling and terminal equipment. S. Grantee's policy on allocating institutional network channel capacity; other than that dedicated for public use. n u 6. Grantee's policy on providing access to the • Institutional Network, method of connection, and interface equipment furnished. 7. Grantee's policy on interconnection to educational facilities outside the franchise area. Init. Init, • zyo EXHIBIT C INITIAL PROGRAMMING AND TIER STRUCTURE tY/ EXHIBIT C This exhibit is to be completed by the Grantee and shall indicate Grantee's proposed channel line-up tier structure for television and radio (FM) service. s Init, • Init. ~Y~ EXHIBIT D FREE PUBLIC BUILDING INSTALLATIONS • ~.ys EXHIBIT D 1. Grantee will provide one free drop and free basic cable service to all government and public buildings within the ISA. 2. Grantee will provide more than one drop and internal wiring at Grantee's cost. Init. Init. • ayN EXHIBIT E SCHEDULE OF GRANTEE COM6IITMENTS y yi EXHIBIT E 1. Franchise payments shall be made quarterly on a calendar basis, and be due and payable within 45 days of tite end of each quarter. 2. The cablecasting equipment grant of Section 5.5 shall be provided within six (6) months of the effective date of franchise. 3. The PEG access support grant of Section 7.2(b) shall be provided no later than January 31 of each year. Init. Init. ~4G Revised 4/4/85 • DRAFT AGREEMENT AN AGREEMENT GRANTING A NON-EXCLUSIVE FRANCHISE TO DANIELS b ASSOCIATES, INC. TO OPERATE A CADLE TELEVISION SYSTEDI IN THE CITY OF RANCHO CUCAMONGA AND SETTING FO RT:i CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHIS F,. s ~4~ • TABLE OF CONTENTS Page SECTION 1; GRANT OF FRANCHISE 1 SECTION 2: DEFINITIONS. 4 SECTION l; GENERAL REQUIREMENTS - S SECTION 4; CONSTRUCTION AND SERVICE REQUIREMENTS. - 7 SECTION 5: 'SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS 10 SECTION 6: SERVICES AND PROGRAMMING 14 SECTION 7; SUPPORT FOR LOCAL CABLE USAGE. 15 SECTION B: RATES AND CHARGES• 16 SECTION 9; PURCHASING, TRAINING AND HIRING REQUIREMENTS 18 SECTION 10: REGULATION - 19 SECTION 11: SEPARABILITY 21 S F,CTION 12: FORCE MAJEURE; GRANTEE'S INABILITY TO PERFORM. 22 SECTION I]: HOLD HARMLESS. 23 rya - 1 - U A G R E E M E N T THIS AGREEMENT, made and entered into this day of at Rancho Cucamonga, California by and between the City of Rancho Cucamonga, a municipal corpora- tion of the State of California, ("Grantor"), and Daniels s Associates, Inc. ("Grantee"). W I T N E S S E T H WHEREAS, the City of Rancho Cucamonga, pursuant to Title 7 • of the Rancho Cucamonga Municipal Code (referred to as Title 7 hereafter) is authorized to grant one or more non-exclusive revocable franchises to operate, construct, maintain and recon- struct a cable television system within the Ci tv; and WHEREAS, the City, after public hearings, has determined that it is in the best interest of the City and its residents to grant a franchise to Daniels & Associates, Inc. NOW, THEREFORE, the City (hereinafter also known as the Grantor) hereby grants [o Daniels & Associates, Inc. (hereinafter [he Grantee) a cable television franchise in accor- dance with the provisions of Title 7, and this Agreement. X49 _ 2 _ 1. GRANT OF FRANCHISE 1.1 Grant. Daniels b Associates, Znc. a corporation with its principal place of business located at 2930 East Third Avenue, Denver, Colorado 80206 , is hereby granted for itself, its successors and assigns, subject to the terms and conditions of this Agreement and Title 7, the franchise, authority, right and privilege, for a fifteen (15) year period from and after the effective date hereof, to construct, operate and maintain a cable television system within the streets and public ways within the City of Rancho Cucamonga. 1.2 Ri ght of Grantor to Issue Franchise. Grantee acknow- ledges and accepts the right of Grantor to issue a franchise and Gzan tee agrees it shall not now or at any time hereafter challenge this right in any way or in any local, State or Federal court. 1.3 Effective Date of Franchise. The effective date of the franchise shall be the date of execution of this dgreement by the Gr~a nto r, subject to prior execution by the Grantee. 1.4 Duration. The term of the franchise shall be fifteen (15) years from the effective date hereof at which time it shall expire and be of no force and effect. Renewal shall be in accordance with Title 7 and applicable law, 1.5 Franchise Not Exclusive. The franchise shall not 6e construed as any limitation upon the right of Grano r, through its proper officers, to grant to other persons or corporations ZdO - 3 - • rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets and public ways or public places by franchise, permit or otherwise, provided, however, that such additional grants shall not operate to materially modify, revoke or to zminate any rights granted to Grantee herein. 1.6 Franchise Acceptance. The Grantee, by executing this Agreement, guarantees performance by Grantee of all of Grantee's obligations hereunder imposed by Title 7 and this Agreement. • 2 S/ _ q _ 2. DEFINITIONS • For the purposes of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions contained in Title 7 are incorporated herein as if fully set forth. 2.1 "Agreement" or "Franchise Agreement" means this agreement and any amendments or renewals thereof. 2.1 "Grantee" means Daniels b Associates, Inc. or any person or entity who or which succeeds Daniels 6 Associates, Inc. in accordance wi [h the provisions of this franchise. 2.3 "Grantor" or "City" means the City of Rancho Cucamonga or its delegate acting within the scope of its jurisdiction. ' 2.4 "Initial Service Area" or "ISA" means the geographic area of the City, identified in this Agreement, whose residents must 6e provided with cable service in accordance with the con- struction and service schedule specified in this Agreement. 2.5 "Section" means any section, subsection or provision of this franchise agreement. A ~Y> - 5 - • 3. GENERAL REQUIREMENTS 3.1 Governing Requirements. Grantee shall comply with the requirements of this Agreement and Title 7. 3.2 Franchise Fee. The Grantee shall pay to the Grantor an annual franchise fee of five percent (58) of Gross Annual Revenues. 3.7 Recovery of Franchise Costs. As provided for in Title 7, Crantee within thirty (30) days after receipt from Grantor of a written itemization, shall reimburse Grantor for its reasonable costs incurred during the franchise process, not to exceed Ten Thousand Dollars ($10,000). If, at any future time, Grantor shall recover any portion of these costs From other Grantees, Grantee shall be entitled to a pro rata refund of • excess costs recovered. 3.4 Payment to Grantor. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Grantor may have for further or additional sums payable under the provisions of [his Agreement. All amoun [s paid shall be subject to audit and recompu to lion by the Grantor. 7.5 Liability Insurance and Inde r..nifica lion. Upon the effective date of the franchise, Grantee shall furnish proof that satisfactory liability insurance policies are in force, in the minimum amounts of: ° Worker's Compensation -- As required by the ,'~ State of California. ° Comprehensive General Liability -- $ 1,000,000 each occurrence; $5,000,000 umbrella. X8'3 - 6 - ° Comprehensive Automobile Liability -- . $ 500,000 The liability insurance policies shall be maintained throughout the duration of this franchise, with a copy filed with Grantor. The insurance carriers shall be authorized to do business in California, and subject to Grantor approval. 3.6 Security Fund. within thirty (30) days after the effective date of the franchise, Grantee shall deposit into a bank account of Grantor, established by Grantor, and maintain on deposit, the sum of no[ less than Twenty Thousand Dollars ($ 20,000.00) as security. Of said amount, no less than Three Thousand Dollars ($3,000.00( must be in cash; the remainder may be in the form of an irrevocable letter of credit, the form of which is subject to the prior approval • of the Grantor. When service has been made avaiLab le to all residents of the ISA, the security fund may be reduced to Five Thousand Dollars ($x,000.00), and maintained at this amount throughout the term of the franchise. pry -~- 4. CONSTRUCTION AND SERVICE REQUIREMENTS 4.1 General. The Gzantee shall meet or exceed all the material construction and service requirements set out in this franchise agreement regardless of whether its subscriber pene- tration and/or revenue assumptions prove to be correct. 4.2 Construction Schedule. The ISA is defined as indicated in Exhibit A of this agreement. Grantee shall complete system construction and offer service to all residents within the ISA within (_) months after the effective date of [his Agreement.. Grantee anticipa [es a period of ( ) months after the effective date of the franchise will be sufficient to negotiate • pole line attachment agreements with the utility pole owners and to acquire all necessary permits and clearances necessary to begin construction. Grantee shall complete system construction and provide service to all ISA residents in accordance with the requirements of Exhibit A. ~4.3 Liquidated Damages. It is understood that it is impractical at this time [o reasonably ascertain the total extent of damages which may 6e incurred as a result of a failure by Grantee to complete construction within the construction period specified in this Ag reemen[. Such impracticality arises nut of the difficulty of establishing a cos[ for future damages suffered by the public who are denied services or the effect of noncomple- tion with respect to inconvenience, anxiety, frustration, financial loss, effective and efficient regulation of the franchise for [he promotion and protection of the public convenience, health, safety and/or welfare, or other factors which are incapable of ~Ss meAanromonf in nnnniao mnno~anv •n nm.• T` nFr re Crant nffn~c - 8 - and agrees to compensate the Grantor in the amount of One • Hundred Dollars ($ 100.00) per day for each calendar day on which Grantee has not completed construction of the system in accordance with this Agreement. The Grantor, upon a proper showing, agrees to waive such liquidated damages in the event that a failure to complete such construction arises out of Acts of God; earthquake, lightning; flood, fire; explosion, riots or civil disturbances; oz other causes not foreseeable and beyond the control of Gzantee. 4.4 Delay in Construction. Grantee shall make a good faith and diligent effort to obtain all necessary permits and clearances. Within three (3) months after the effective dato of this franchise, Grantee shall report to Grantor its estimate of the initial construction date. The initial construction date • estimated after three (3) months may be used by Grantor as the presumptive construction starting date, with all construction requirements based on that date provided, however, that Grantee may adjust its estimated initial construction date upon a showing of delays which are beyond its reasonable control or which are not reasonably foreseeable. For any schedule delay that may occur, the burden of proof shall be on the Grantee to demonstrate that such delay was beyond its reasonable control or was not reasonably foreseeable. The imposition by Grantor of any damages shall be in accordance with the procedures set forth in Section 10.7, hereof. ~s6 - 9 - • 4.5 Right of Inspection of Construction. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law. 4.6 Provision of Service within the ISA. Subject to the provisions of Section 8.3 and Exhibit R hereof, Gtantee shall provide all residential services to all residents of the ISA not served by other Grantees at uniform installation charges and monthly rates, within the schedules of Exhibit A. New residences in active cable areas shall be offered service within sixty (60) days after occupancy. 9.7 Provision of Serivice Outside the ISA. Concurrent with • provision of service to all residents of the ISA, Grantee may extend service to any areas of the City so long as the ISA area receives service in accordance with the schedule of Exhibit A. Grantee, at its option, may elect to provide such service regardless of whether service is being provided by another Grantee. ~i 7 - l o - 5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS • S.l System Configuration. The cable television system shall be capable of including at least two interconnected networks: a residential, or "A" Cable, network and an institutional, or "B" Cable, network. Construction of the institutional network may be deterred as indicated in Exhibit A. eo th networks shall provide bidirectional communications capability, with such capability ac[mated in accordance with the provisions of this Agreement. 5.2 Channel Capacity. The cable television system. shall be installed to deliver signals at frequencies up to at least four hundred (400) megahertz (MHz), with specific capacity as indicated below. Cable Signal Signal Fzeq uency . Channel Network Direction Range Capacity Residential (A1) OutbOVnd 54-400?111z 52-54 Video + FDt Residential (A1) Inbound 5-30 MF{z 4 Video + Data Institutional (e) Outhound MHz 15 Video Institutional (B) Inbound Miiz 15 Video 5.J Satellite Earth Stations. Grantee shall provide two ( 2 ) satellite earth stations initially. Grantee shall reasonably provide a sufficient number of earth stations to receive signals from all operational communications satellites that generally carry programs ca cried by cable systems, throughout the life of the franchise. • 25~ . `J _ 11 _ 5.4 Capacity for Interactive Residential Services. Grantee shall provide the capability for interactive residential services. when such services are offered, all customer equipment necessary for such services, such as addressable interactive converters, home terminals and home detectors, shall be provided to sub- scribers by Grantee in accordance with established and uniform rate schedules. 5.5 Cablecasting Facilities. Grantee shall provide a capital grant of 515,000 for cablecasting equipment to be located at Chaffey Community College. The College, through contract with the City, shall manage the Public, Educational and Government (PEG) access program for all access users of the cable system. In consideration of the equipment grant, Grantee shall not be required to provide any additional local o rigir.a lion or access facilities or personnel. 5.6 Interconnection. Upon Grantor request, Grantee shall negotiate in good Eai th to interconnect access channels of the cable television system with neighboring cable systems in the City, within three (3) months of a Grantor request, Grantee stia 11 report to Grantor the results of the negotiations. 5.7 Emergency Alert Capability, Within six (G) months after a Grantor request, Grantee shall provide the system capability to transmit an emergency alert signal to all participating subscribers. Grantee shall also provide an emergency audio override capability to pernit Grantor to interrupt and cablecast an audio message on all channels simultaneously in the event of disaster or public emergency. .~ s 9 - 12 - 5.8 Standby Power. Grantee shall provide standby power • generating capacity at the cable communications system control center and at all hubs capable of providing twelve ( 12 ) hours of emergency power supply. 5.9 Parental Control Lock. Grantee shall provide sub- scribers, upon request, with a parental control locking device or digital code that permits inhibiting the video and audio portions of premium channels. 5.10 Technical Standards. The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart R (Technical Standards) and any amendments thereto, shall apply. However, because of the recent development of interactive and other innovative services, modifications of FCC standards, as presented in the specifications below, are considered as necessary to meet system Service objectives, and achievable wi [h available commercial components and installation procedures. (1) Forward Signals -- Class I Channels. The system shall be capable of carrying fifty-four (54I Class I Television Channels and the full FM broadcast band. The combined forward trunk and dis[ri6ution system sha 11 deliver signals to each subscriber's TV receiver [hat will meet or exceed the following specifications at the mean system temperature ~ 70° F. This sha 11 include [he effects of drop cables, in[erioc splits and any terminal equipment such as descramblers and set-[op converters. C~ ~(O - 13 - • A, Second order beat ratio dg 8. Third order beat ratio d0 C. Hum g D. Composite beat ratio d8 E. Cross modulation ratio dg F. Signal to noise ratio dg G. Network generated echo dB for ns delz H. Envelope Delay ns max. I. Differential Gain -g J. Differential Phase -° (2) Reverse Signals -- The reverse channels shall have the capability of providing return signals from any subscriber tap to the extreme end of any area without noticeable signal degradat ion or interference. A. The system capability shall include transmission of color video, black and white video, and both low and high speed data, whe ther analog or digits 1. B If ecessa t i . ry n o prevent the bu ld-up of noise and distortion products, [he area shall be divided into sections, and sub-trunks run to a central hub within the area. Equivalent alte znatives su ch as addressable taps or switches may be utilized. C. No more than ~ 54 dgmV output level shall be required out of any cus COmer interface devtce to meet the system specifics [ions. D. Where applicable, the end or the system specifications shall include the effects of any signal reprocessing equipment necessary to achieve forward transmission. ~E. For Class I signals, the signal delivered to the subscriber's TV receivec, after being transmitted to the headend, processed and retransmitted down a forward channel, shall meet the Technical Standards of the FCC regulations, Part 76, Subpart K. d6/ - 14 - 6. SERVICES AND PROGRAMMING • 6.1 Initial Services and Programming. Grantee shall provide, as a minimum, the initial services and programming listed in this section and in the tier format as shown in Exhibit C. If any listed hasie service shall become unvailable, or cannot be provided £or valid reasons, Grantee shall provide substitute programming, it available, considered at least as attractive to cable system subscribers. Grantee shall not reduce the number of basic program services without at least thirty (30) days prior written notification to the Grantor. 6.2 Leased Channel Service. Grantee shall offer leased - channel service at nondiscriminatory rates and on reasonable terms and conditions, in accordance with applicable law. 6.3 Public, Educational and Gove rn men[ (PEG) Channels. Grantee shall provide the system capacity indicated in Section 7.2(g) herein for public, educational and government usage throughout the life of the franchise. Grantee may utilize such channels if no[ utilized for PEG purposes, but shall relinquish the channels within six (G) months of a Grantor notification of intended use. d~ ~ - 15 - 7. SUPPORT FOR LOCAL CABLE USAGE ` 7.1 Public, Educational and Government Access_ Grantor, at its option, may delegate to an independent non-profit entity, such as Chaffey Community College, the authority to manage PEG channels, support funds and other considerations provided by the Grantee and/or others, designed to promote and develop public-benefit usage of the cable system. 7.2 Gia ntee Support for Public Cable System Usage. Grantee shall provide the following or equivalent support for public cable usage, as a minimum: (a) Provision of the access equipment grant designated in Section 5.5 of this Agreement. (b) Provision of a grant of one collar ($1.00) per subscriber per year for PEG access suppozt annually for the life of the • franchise, based on the number of basic subscribers connected to the s}•stem at the end of each year. Grantee agrees [hat this grant shall be deemed a voluntary contribution, exclusive of the franchise fee. . (c) Dedication of ten percent (108) of the cable system's Residential Network downstream capacity [ five (5) channels], twenty-five percent (258) of the cable system's Residential Network upstream capacity [one (1) channell, and forty percent (408) of the cable system's Institutional Network channel capacity [ six ( 6~ bidirectional channels for PEG use throughout the life of the franchise. Should system capability be expanded in the future, additional channels shall be dedicated for public use to total the pe rcentages indicated above. 7.3 All items indicated in Section 7.2 above shall be provided in accordance with the schedule attached in Exhibit E. ~ r. v - 16 - 8. RATE$ ANO CNAAGES d.i Initial Rates and Charges. Grantee's initial rates and • charges for basic aevice shall not exceed Chose listed in [his section. 8.2 Basie Service - Residential Subscribers, The initial rates and charges for basic service co resldea tial subscribers shall not exceed [he fo lloving: Tier I (Channel Service) Inscallat ion Monthly Charge Race First N Outlet Additional TV Outlets, each FH (vi[h TV) FM (vichout TV) Converter (deposit charge) Converter Rental (Addressable Remote) Converter Rental (Addressable Se trop) Converter Rental (Basic Remote) Relocation Reconnection ~GN ~~ ~ .. .. :.~ ~~ ~~ U c } J r. _ r `i ~ _T / ~bs ~3 ~- - 17 - B.J ©asic Service - Apartment, Corn:,e rcial and Public Facilities. The initial rates and charges Eor basic service [o • apartments, commercial organizations and public facilities shall no[ exceed the follovinq: Apartment - Bulk Rate Installation Monthly AL1 Tiers Charqe Ra[e First Outlet Reconnection Apartments - Individual Rate All Tiers First Outlet Reconnection Commercial First Outlet Additional Outlets Governmental and Educational Facilities' First Outlet Additional Outlets • •P ro vided to the facilities listed in hxh ibis D. • ALC - 18 - • 9. PURCHASING, TRAINING AND EMPLOYMENT REQL'I P,E+tEYTS 9.1 Local Purchasing and Iiirinq Policy. Grantee shall establish a policy of employing City residents within its own operations, and/or utilizing Ci[y-based firms for purchases and construction subcontracts, to [he maximum extent possible. Grantee shall provide Grantor with a written report of local purchasing and hiring achievements, upon reasonable Grantor request. 9.2 Ecual Emuloyment Onoortuni[y and Affirmative Action Programs. Throughout the term of the franchise, Grantee shall conduct its business as an Equal Employment Oppoc[uni ty/ Affirmative Action Employer. In addition, throughout the term of the franchise, the Crantee shall maintain a policy that all • employment decisions, practices and procedures are based on merit and ability without discrimination in violation of state of federal law on the basis of an individual's race, color, religion, age, sex, national origin, or physical or mental handicap, The Grantee's policy shall apply to all employment actions including advertising, recruiting, hirrng, promot>.on, transfer, remuneration, selection for training, company benefits, disciplinary action, lay-off and termination. 'P he Grantee shall carry out this policy through continued dedrea[ton to a determined and sustained effort to provtii r. equal employment opportune tics [o all by takrng affir~na Live action to employ and advance in employment qualified women, minorittus, persons who arc physically or mentally handicapped and vole ra ns. .1 G7 - 19 - 10. REGULATION • 10.1 Franchise P.egulation. The franchise granted under this Agreement shall be subject to regulation by Grantor in accordance with the provisions of Title 7 and applicable law. 10.2 Remedies for Franchise Violations. (a) In addition to the remedies for delays in construc- tion as specified in Title 7 and Section 4.3 of this Aoreemen t, Grantor reserves the right to impose the following remedies in lieu of liquidated damages in the event Grantee violates any other material provision of the franchise, provided that Grantee has not commenced corrective action within thirty (30) days written notice 6y certified mail to the general manager of the Grantee. . (1) Assess damages, no[ to exceed Fifty Dollars (5 50.00 ) per day or per incident, for Grantee's individual willful and/or repeated violation of the franchise or failure to take corrective action with resoect [o a violation of any material provision of the franchise. (2) Require Grantee to make rate rebates to any customer or classes of customers for degraded or interrupted service in such anq unt and on such basis as Grantor may deep reasonable. (31 Require Grantee to correct or otherwise remedy [he violation prior [o any rate increase becoming effective. (b) In the event the stated violation is not reasonably curable within sixty (601 days, the franchise will not 6e terminated or revoked or dama tes assessed pursuant to Section 4.3 of this • ,~ c 8 - z o - • Agreement if the Grantee provides, within the said sixty (60) days, a plan, satisfactory to the Grantor, to remedy the violation and continues to demonstrate good faith in seeking to correct said violation. (c) In determining which remedy or remedies for Grantee's violation are appropriate, Grantor shall take into con- s ideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations and such other matters as the Grantor may deem appropriate; provided, however, that adequate remedies must be imposed if service is in any way materially lessened, or if any material provision of this • franchise is not complied with. (d) Within ten (10) days after receipt of a written notice of a violation from Grantor, Grantee nay request a hearing before a Grantor-designated hearing officer in a full public proceeding affording due process. Such hearing shall be held within thirty (30) days of the receipt of the request therefore. n LJ ac9 - 21 - • 11. SEPARABILITY 11.1 If any material section of Title 7 and this Agreement, as determined by the Gzantor, is held to be invalid or preempted by federal or state regulations or laws, the Grantor shall negotiate with Grantee appropriate modifications to this Agreement to provide reasonable relief from such invalidity or preemption. If the parties are unable to reach agreement on such modifications, the dispute will be submitted to an arbitrator, in accordance with California law, who will determine what modifications are appropriate and the arbitrator's decision shall be binding on the parties. • • X70 _ 22 _ • 12. FORCE MAJEURE: GRANTEE'S INABILITY TO PERFORM 12.1 In the event Grantee's performance of any of the terms, conditions, obligations or requirements of this franchise or Title 7 is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to 6e excused and no penalties or sanctions Shall be imposed as a result thereof, provided Grantee has notified Grantor in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes. • 2 ~/ - 23 - 17. HOLD HAFMLESS • 13.1 The Grantee on behalf of itself, its successors and assigns, shall defend, indemnify and hold harmless the Grantor, its officers, boards, commissions, agents and employees, and each of them, against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merits of the same, arising our of or refaced to the exercise or enjoyment of the franchise granted pursuant to this Agreement and to Title 7, including costs of investigations, attorneys' Eees and court costs in the - defense of any actions, to the extent that such claims or demands are alleged to be [he result of any error, omission, intentional act or negligent act of Grantee Or any persons employed by Gran[e~ even if that Grantee employee is in error or by misinformation alleged to be a Granter employee. • X71 _ Zq • IN WITNESS WNEAEOF, Grantor and C,rantee have executed this Agreement the date and year first above written. APPROVED AS TO FORM: CITY OF RANCEIO CUCAMONGA A Municipal Corporation ey J (SEALI DaR1e 15 b ASSOCia te$, Inc• City Attorney Mayor Date: ATTEST; City CLerk Corporate Seal AY Date ~7~ EXHIBIT A CONSTRUCTION AND SERVICE SCHEDULE • • a~Y • EXt[Z BIT A 1. The Initial Service Area (ISA) shall include all residences indicvted on attached map that are not serviced by any other cable company (refer to map). 2. Within thirty-six (36) months from the effective date of the franchise, service will be available to all subscribers within the ISA. 3. Grantee shall extend cable lines to any new developments within the ZSA and provide cable service within 60 days of first move-in. 4. Grantee's standard service drop is two hundred feet (200'). Anything over 200' will 6e caid by subscriber at • ' Grantee s cost of labor and material. 5. Grantee shall not be required to provide activated two-way capacity on the Residential Network for at least three (3) years after the effective date of this Agreement. After the first System and Services Review, called for in Section 7.07.080 of Title 7 the City may issue `_i r,d ings indicating that activation is economically and technically feasible, and may require such activation within a reasonable period. 6. After the second System and Services review, six (6) years from the effective date of this Agreement, the City may issue findings indicating that an independent Institutional Network is economically and technically feasible and may require the construction of thin Network. Such a requirement shall be imposed on all Grantees concurrently. aor {s;~1 F d ~ Z r ~ u ~ n w b 4 N 4 U 4 h N N U 4 .-I J 4 N 'n w a :u .r z w oyl ,~. N ~2 ~,Z i= IN C.., =~ U '~"' r C }~ -N ~z c J ~ ~ U i ~ ~+~- :W,W ' ~~ / i .i. i 2 0 4 I . . t i ; ~ Ei a= oa aN s 0 i s Y e ~ •BIN JB• t J ~ s 0 i ~ o s W 3n• Otln W R 3nm +t ~ _ W ~ b a p y ~ ' o + u : 0 ~~~~ If o ~~6 EXHIBIT B INSTITUTIONAL NETWORH COPIMITMENTS • X77 EXHIBIT D when the Institutional Network is constructed, Grantee shall provide the Following: 1. AL1 Public Schools and City facilities within the ZSA shall be passed and provided with free connection. 2. Grantee will provide more than one drop to any institution at Grantee's cost. 3. Grantee will provide internal cabling at - Grantee's cost. 4. Institutional Network capacity shall be allocated on a first-come, first-served basis. • 5. Grantee sha 11. provide access to the Institutional Network, providing user supplies 20 dH signal within the allocated RF Dand Frequency. The method of connections will be standard 75 Ohm cable connections. 6. Grantee will negotiate in good faith to inter- connect [he Institutional Network with other Ins ti[u tional ;ie two rks within the City. a98 EXHIBIT C INITIAL PROGRAMMING AND TIER STRUCTURE (to be completed by Grantee) J n U a79 EXHIBIT D FREE PUBLIC BUILDING INSTALLATIONS • • ~6U :~ EXHZ9IT D 1. Grantee will provide one free drop and free basic cable service to all government and public buildings within the ISA. 2. Grantee will provide more than one drop and internal wiring at Grantee's cost. • 7.E/ E3(HIBIT E SCHEDULE OF GRANTEE COMMITMENTS • a8y EXHIBIT E 1. Franchise payments shall be made quarterly on a calendar basis, and be due and payable within 45 days of the end of each quarter. 2. The cablecastinq equipment grant of Section S.5 shall be provided within six (6) months of the effective date of franchise. 3. The PEG access Support grant of Section 7.21b) shall be prcvided no later than January 31 of each year. u u aas `J n CITY OF RANCHO CL'CAh10NGA STAFF REPORT DATE: April 17, 1985 T0: City Council and City Manager FROM: Lloyd 6. Hubbs, City Engineer 8Y: Barbara Kroll, Assistant Civil Engineer ~U~M1ip ~~e~ tC9 <' ~ ~ e, > _ 1. r O I~ 19.. SUBJECT: Ordering the work in connection with Annexation No. 9 to Street Lighting Maintenance District No. 1 for Tracts 12362, 12621, 12091, 11781, 11625, 12525, 12740, 12741 and 12772-1 and Annexation No. 7 to Street Lighting Maintenance District No. 2 for Tracts 12621, 12772-1, 12525, 12739, 12740 and 12141 Attached for City Council approval are the resolutions ordering the work in connection with Annexation No. 9 and No. 7 to Street Lighting Maintenance Districts No. 1 and No. 2. The Engineer's Report for both Distrits are also attached for final approval. These reports show the estimated costs of the Districts and include a location map for each tract. Letters of intent to join the Districts have been received from the developers of each tract. Letters have been sent to the developers, posting has been completed and the Resolution of Intent has been advertised in the Daily Report giving the time and place of public hearing. RECWRiENDATIDN It is recommended that City Council adopt the attached resolutions ordering the subject annexations to Street Lighting Maintenance Districts No. 1 and No. 2. Respectfully submi LB :BK as Attachments • aay ~ ~;'~ January 3, 1981 • n U Engineering Department City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, CA 91730 RE: TRACT 12091 Northeast Corner of Grove and Ath Gentlemen, Please accept this Letter as fornal request to form and/or join the app rcpriate Landscape and Lighting District as required per condition P-3 of the conditions of approval of cract 12091. Should you require any further information or have any questions, please contact Steve H'heatley at Stephen Daniels Commercial Brokerage, Inc., 9A0-6868. Thank you. Sincerely, iP~~~ :i ~~•~~ Dominic Snlvati, Applicant CIfY Df Ppt1Cl10 CUCAP.IOBG.\ E!;G;AEEI:!!1G D~VlS:Cq ~ d 1' ', ' PIA ZA 6IROEAS~ ~.1 YVCOFPpiATF-0 J10]~A Ai nvav Avenue Costa Atesa Cai~(om~a 92626 ]ta 662-3]00 12 March 1985 Ms. Barbra Rroll Engineering Technician City of Rancho Cucamonga Rancho Cucamonga, CA Dear Barbra, ., -, • .. ._ . ,.....Y S"... Plaza Builders, Inc., the owners of Tract No. 9539, located on Sapphire and Jannet Sts., Rancho Cuca- monga, are in full agreement to the annexation of the landscape maintenance district No. I. We are also in agreement to the street lighting districts Nos. I and II. Obviously, in the purchase of this property late in 1984, this request was overlooked. We are presently • closing escrows and project 16 closings by April 15th. Your prompt scheduling for a calendar date on this matter would be most appreciated. Should you have any questions, please feel free to call. SincereX-~VK //~~J~~ Tiquard V Vice President of Operations Plaza Builders, Inc. r~ L A SUbsitlia ry of Cdlllorma FrCOrnl S;vu~n0 qn'] Loan A55o<ia lion age ' ,c , • ~®~ SPIRIT OEVELOP,MENT COMPANY January 14, 1985 CITY OF RANCHO LU CAMONGA 9320 Baseline Rancho Cucamonga, CA 91730 Re: Deer Creek Village 122 Single Family Homes Tentative Tract Nos. 12525 12739 12740 12741 Gentlemen: Notice of Intention to Join Landscape and Lighting Districts On 6eha if of the Deer Creek Village Homeowners Association for the above - subject tentative tracts, we would like to joint the City-wide landscape and lighting districts of the City of Rancho Cucamonga. We understand that the City will not maintain the landscape areas along the perimeter streets - namely Center, 26th and Arrow Route and will • therefore be the responsibility of the Deer Creek Village Homeowners Association. Yours truly, DEER CREEK PARTNERS By: W. S. Going, Inc. A General Partner By: ~ W nn 5. Going, Jr. President JVB cc: Ms. Ditas Esperanza Fus coe, Williams, Lindgren & Short 145 WEST MAIN STREET TUSTIN. CALIFORNIA 92680 714/731-7900 ~P7 Roy E. Daly Construction Corporation coo December 11, 1984 Lloyd Hubbs, City Engineer City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Dear Mr. Hubbs, _ Daly Construction Corporation respectfully requests the annexation of Tracts 11625 and 11781 into the Lighting and Landscape Maintenance District, If you have any questions, please don't hesitate to give me a call at • (714) 987-8024. S' cerely ar onnerUt n Project Manager DC/mm • California Office (714) 987.8024 9310 Baseline • Suite 102 • Ra'aho Cucamonga, CA 81730 :~l ' ~) • ,,. _ ~~ "' BOYER ENGINEERING CO. February 7, 1985 City of aancho Cucamonga Comr,.u nity Development Department P. O. eo:c 807 Rancho Cucamonga, California 9173C Att e:~.t ion: Dasbara Krall Re: Tract No. 12772-1 Gentlemen: Cn behalf of our client, Morris and Searles, we hereby request permission to join the City-Wide Street Lighting and Maintenance District for the above referenced Tract. V//// truly y!~ours, "t.`~J/PLC l~ Dave Gillette DG :mjb cc: Mottis s Searles 2950 AIRWAY AVENUE, B•2 • COSTA MESA, CA 92626 • (714) 966.0808 ~R9 • Rich mood Dcoeloprneat Co. Yl:.: moo. San I:nhric! Rlcd. ~ ~ • Paxadena. California 91107 January 22, 19kii Barbara Kroll City of Rancho Cucamonga Engineering Department 9326 Baseline Road Rancho Cucamonga, California 91730 Dear Pis. Krell: IVe request that our condominium project on ti'1e southwest corner of Arrow and Madrone, Tract 12621 be moved into the - city's Landscape/Lighting District. We will provide what ever is needed to join Tract 12621 into the District. Very truly yoors,,.~_ • ~~% it ~ t~ ,~tt'' ST:mt • a9~ Rov ~. Daly Construction Corporation. December 11, 1984 Lloyd Hubbs, City Engineer City of Rancho Cucamonga Post Office Hox 807 Rancho Cucamonga, California 91730 Dear Mr. Hubbs, -~ Daly Construction Corporation respectfully requests the annexation of Tracts 11625 and 11781 into the Lighting and Landscape Maintenance District. If you have any questions, please don't hesitate to give me a call at • (714) 987-8024. S' cerely ar Conne~it ~n Project Manager DC/mm r ~ LJ California OHice (714) 9!37.8024 !~''i' ~-°'` ' 9310 Baseline • Suite 102 • Rencho Cucemon9a.bA 81730 oxr ~ DE~'EI.OP~IE\T December 1, 1983 Mr. Lloyd Hubbs City Engineer City Of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA. 91130 Re: Tentative Tract 512362 Dear Mr. Hubbs We are the developers of Tentative Tract 512362 consisting of 22 buildings totaling 88 units on approximately 6.5 acres • located on the southwest corner of Hellman and Baseline Rd. in the City of Rancho Cucamonga, We agree to have the tract included in the "Special Assessment District" for landscape and the "Special Assessment District" for lighting. as provided by the City of Rancho Cucamonga, CA. Since/~rely, / ~ ~(GlriViiv ~e Carman Project Manager \J •T3331IELLMAXAVE. &1NC[if1CCCA?(O~(3:~,C:ILIPOR.\1:1.91730 • (714)989.1725• a 4 s. CTTY OF RANCHO CIICAMONGA • Engineer's Report for Street Light inq Maintenance District Nn. 1 Annexation No. 9 SECTION 1, Authority for ReDOrt This report is in compliance with 1, Division 15 of Lhe Streets and (Landscaping and Lighting Act of 19721. the requirements of Article 4, Chavter Highways Code, State of ralifornia SECTION 2. General Description This City Council has elected ro "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. annex the tracts enumerated in Exh;hit District Np. 1. The Citv Council has he maintained will have an effect upon as on the lots directly abu tt inq the Work to 6e provided for with the assessments established by the d;strict are: The furnishing of services and materials for the ordinary and usual maintenance, operat inq and servic inq of street light ;morpvemen is on arterial and certain collector streets. Improvement maintenance is • considered of general benefit to all areas in the District and cost shall be divided on a per lot basis, Tn the case. of condomin+ums with airspace ownership only, and apartments, a dwelling unit shall 6e considered to benefit the same as a lot, SECTION 3. Plans and Specifications The plans and specifications far street lighting have been orenared by the developers. The plans and street lights are as stipuiated in the conditions of approval for the development and as approved by the City Enq ineerinq Division, Reference is hereby made to the suh,j ect tract map or development plan and the assessment diagram for the enact loc atinn of the street lighting areas. The plans and specifications for street lightinq improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto, Detailed maintenance activities on the street lightinq district include: the repair, removal or reolac ement of all or any Dart of any improvement, providing for the illumination of the suh,iect area. SECTION 4. Estimated Casts No costs will. be incurred for street lightinq improvement construction. All improvements will be constructed by developers. Rased on available data, it is estimated that maintenance costs for assessment purposes will he a5 indicated below. These costs are estimated only, actual assessments will 6e • based on actual cost data. ~Sa The estimated total cost for lighting Maintenance District No. 1 • (including Annexation No. 9 comprised of 746 lots and 188 9500E street lights and/or 115 5800E lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** 9500E 188 9.90 5800E 115 8.75 *High Pressure Sodium Vapor Lamps Rate Mo's Total 186 X 9.90 X 12 = $22,334.40 115 X 8.75 X 12 = 512,075.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost = 34,409.40 =5.86/year/unit No. of Um is in Oistn ct 5874 5.86 divided by 12 = 0.49/mo./unit • Assessment shall apply to each lot as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 1", Annexation No. 9. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be oroportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. a9v • 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • x9~ EXHIBIT "A" Properties and improvements to be included within Annexation No. * of Street Lighting Maintenance District 1: Tract No. of Lots/Units Street Liaht 5800E 9500E 12362 88 Condos 2 0 12621 90 T.H. 0 3 12091 248 Condos 0 2 11781 76 Condos 3 0 11625 102 Condos 0 5 12525 12739 12740 122 S.F. 0 9 12741 12772-1 20 S.F. 0 1 a M ~9L ASSESSME~lT DIAGRAAA STREET LIGHTING MAINTENANCE DISTRICT N0.1 • ANNEXATION NrJ. S ;.;fit LET / '. _.'~~ J i..~ J ._.'t.~ III i I, ... , __. ,JI , t ~_i ~iT, T_" 14 ~ ~~' I P L'! ? ! 0 ~,~ ~'1~+~• • ~--~_ ~ ~ ~ 7~? [~ ' f~I. ~~al i J J ~ 4 +~ ~_•'~. 7~k,~ a~ . i 11 ~ s ' ` _ , ._ . _J ~~~ )e' ~ '`~ ~r- ~~ f' f~ J iu ,~ l;. "i5 's I - i ) ~so5 ."' ~ ~ ~I ~} ~ ~l ~f ~ ~ ) ,i b ' ~ _ I~~ ~ t .~ .:.•, 4.49 . m, :~/ ` ~ ~ j ~. ~ _ y ~ 9E.4 .ve% ~ ' ~ a . i % I ~ /#~ )PY Y55 _ _~ .. __ ..', ,.. . e ~ 1 ~o~`-`-"~);, CITY OF RANCHO CUCAMONGA mile; ~' 1 ~ COUNTY OF SAN BERNARDINO ~ ~_ _~= ~~ "G tz STATE OF CALIFORNIA Vi ` ii ~9n LLOYD HU995. CITY ENGINe ER RCF 23FA9 Herr Page ASSESSN1EiVT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. £ t ,,..,, -~~- r'-r~ ~i -.- s , ~-. ~~~ ~~ ~,.,. ` ~ ~.q b i , ~13~ .~ ~ 1 ~ r ~.:, ~ I ~ ,'~.~u ~. /•I r I ~ ~ ~~ -~ "i ~_` ~~y,°_ ~ vu~ vr' xANCHO CUCAMONGA bile; '~ COUN'T'Y OF SAN BERN 'c., G~ G~p-~ r '--' ~ - ARDINO 2B• I I~ :' ~G~" STATE OF CALIFOgN~ iVi D ~> i>' -~,n LLOYD nU9 _ 9S CITY ENGIN=ER RCE 239Q9 DOTE Dage -- ., o o -- ASSESSMEiVT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ACINEXATION N0. S ~; . i U -- i~---~ ' _ I .._ __I ~ Q _ YI~~ll i ~~ ~~ 1 OO l.' • _ ~\ ~ / O i~i`~ ~~ ~ ~.. O +~ II °- l U,i~~ ii ..... I .y~.~;d'~, _ / ; ii f, r':. .~`"""'-0!~ CITY OF RANCHO CUCAMONGA title, '~~ ' ;. _~\= COUNTY OF SAN BERNARDINO ~ 2~ ~. ~= STATE OF CALIFORNIA _, ~ N - ~~ ,; -. - un LLOYD HUBBS, CITY ENG'N==R RCE 23889 pg7E - page ASSESSB/IE~JT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 • ACJNEXATION NO. £ .";~": ~ U -~. c ~ ~'.' (~ ,---- ~; e ~e-~~; _~~, , ~_~x A s~K\\\ ~ \ . ~~~ i ~~ m w.~~(('' . _ yy ~. ~ ~ STFlEET ~ ~~ '~ ~ L~ e Ll ~{ B I Q ~` 19th ~' --__....__-._..____._ __._. _STPEEi c°~ `''~ CITY OF RANCHO CUCAMONGA cicle; ~`~ t~- ii~~' COUNTY OF SAN BERNARDINO ~ TR, ~~ '~_, STATE OF CALIFORNIA IT N _ - _ 1977 LLOYD NU095 CITY ENGINcER RCE 23989 pgTE ~ ~ ` page STREET LIGHTING MAINTENANCE DISTRICT NO.1 ASSESSBIiE11T DIAGRAM ANNEXATION N0. S l I ~~o~``=`--`!?t;, CITY OF RANCHO CUCAMONGA • ; ~,_= .. ° = COUNTY OF SAN BERNARDINO " t" j~~' STATE OF CALIFORNIA .a Uri `-'W rl~ t> 19n LLOYD HUB95, CITY ENGINEER RCE238B9 OnTE u t le; TR. 12621 N Page- -~ ASSESSBIIE~IT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • ANNEXATION NO. S ,~y' ~ ~•• • •J1 nruvuttU CUCAMONGA ~~~~~ _;,._.- ~ = COUNTY OF SAN BERNARDINO ~, ~._ L,:x S.t~ ~~ E~' ' STATE OF CALIFORNIA -- ;; 1977 LLOYD MU998. CITY ENGi'JC R R C E 23889 pgTE page i~ y • RESOLUTION N0. £~64~=}7-g5R Pf '+~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12362, 12621, 12091, 11781, 11625, 12525, 12739, 12740, 12741 AND 12772-1 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 20th day of March, 1985, adopt its Resolution of Intention No. 85-67 to order the therein described work in connection with Annexation No. 9 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 85-B7 was duly and legally published in the time, form and manner as required by law, shorm by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and • WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 85-87 according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 85-81, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; and SECTION 3: The assessments and method of assessment in the Engineer's Report are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said tracts have been occupied. 303 CITY OF RRNCHD CUCAMONGA • Engineer s Report fcr Street Lighting Maintenance District No. 2 Annexation No. 1 SECTION 1. Authori t. for Report This report is in compliance with 1, Division 15 of the Streets and (landscaping and Lighting Act of 1912), the requirements of Article 4, Chanter Highways Code, State of California SECTION 2. General Description This City Council has elected to annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance District No. 2. The City Council has determined that the street lights to 6e maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights. Work to be provided for with the assessments established by the district are; The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. Improvement maintenance is considered of • general benefit to all areas in the District and cost shall be divided on a per lot hasis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and speciffcat ions for street lighting have been prepared 6y the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district inciude: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it fs estimated that maintenance costs for assessment purposes will be as • indicated below. These costs are estimated only, actual assessments will be based on actual cost data. joy The estimated total cost for Lighting Maintenance District No. 2 (including Annexation No. 7 comprised of 7 lots and 232 street lightsl is • shown he low: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** 5800E 45 8.75 *Wigh Pressure Sodium Vapor **SCE Schedule LS-1. All ni ght service per map per month, effective January 1, 1983. Lamps Rate Mo' s Total 433 X 8.75 X 12 = $45,465.00 2. Costs per dwelling Unit: 28.01 Total Annual Maintenance Cost = 45,465 =28.01/year/unit No. o Um is in District 1623 28.00 divided by 12 = 4.22/mo./unit • Rs sessment shall apply to each lot as explained in Section 6. SECTION 5. Assessment Oiagr am Copies of the proposed Assessment Oiagr ams are attached to this report and labeled "Street Lighting Maintenance District Nn. 2", Annexation No. 7. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling snit per lot or parcel of assessable land, the assessment for each lot or parcel shall he oropor tional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings, 2. City Council adopts Resolution of Preliminary Approval of City Engineer's • Report, 30>'- . 3. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in ;lay, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a ouhlic hearing and approves, or modifies and approves the individual assessments. • 30G EXHIBIT "A" Properties and improvements to be included within Annexation No. 7 of Street Lighting i4ainten an ce District 2: Tract No. of Lots/Units Street Lights (5800L 12621 90 T.H. 7 12772-1 20 S.F. 4 125251 12739 4 12740 122 6.F. 34 12741 • 30 ~ ASSESSBAENi' DIAGr~AM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 • P.NNEXATION NO. 7 i ~ ~ ~ _r- ~ r1 ..~ Imo, ~ . a ~ ~,_ I .~;t '. ~-- f ~ 1 ~, /F `'~ `~~ 1 t ~{ ~~ y } =JF k~ ~ ~. " ~ ~ ~{ ~, 1 ~ I I ~ ~~~ .. ~ I I ~ ~I } ~aF~ ~ 1 ~ ". 4 ~~l I ' } ~ -`-~ ,~ r "~ j_~ ~~ _ ~. ' _ ~,o"~="°~:~ CITY OF RANCHO CUCAMONGA "~le% ~~~`= COUNTY OF SAN BERNARDINO ~ .21~-li F; ~' I~ STATE OF CALIFORNIA 1°n LLOYD HUBBS CITY ENGINEER RCE,23889 DATE PCB? ASScSSBIIEAJT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 • P.NNEXATION NO. 7 ~""'~,~ CITY OF RANCHO CUCAMONGA "tl"~ .~° ;-~~' . COUNTY OF 8AN BERNARDINO STATE OF CALIFORNIA i. F f'I ~ "a ~~ ~~~~ ii nn LLOVD HUBBS, CITY ENGINEER RCE23fiH9 neiv page ASSESSMEPIT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 P.NNEXATION NO. 7 .~`"~"°~~ CITY OF RANCHO CUCAMONGA ^ >~/ ~~ _:\,_ COUNTY OF 8AN BERNARDINO >^ "} STATE OF CALIFORNIA ~{ ,~ ~I .` N Im LLOYD HUBBS. CITY ENGINl-ca arc>aooe page /2~ 7~ • RESOLUTION N0. X94-i~-66R~ S S ~ A RESOLUTION OF THE CITY COUWCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE NORK IN CONNECTION WITH ANNEXATION N0. 7 TO STREET LIGHTING MA iNTEiIANCE DISTRICT N0. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12621, 12772-1, 12525, 12739, 12740 AND 12741 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 17th day of April, 1985, adopt its Resolution of Intention No. 85-89 to order the therein described work in connection with Annexation No. 7 to Street Lighting Maintenance District No. 2, which Resolution of Intention No. 85-89 was duly and legally published in the time, form and manner as required 6y law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the • Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements desc rived in said Resolution of Intention fio. 85-89, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of flailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the Jurisdiction facts in this proceeding and concerning the necessity far the contemplated work and the benefits to be. derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 85-II9, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; and SECTION 3: The assessments and method of assessment in the Engineer's Report are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said tracts have been occupied. 3// u CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 17, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer GUCAMp,I, ~~% ~ c~'~ ~' r ~ c,; o i'- ^'~ z _~ a is~; I SUBJECT: Ordering the work in connection with Annexation No. 22 for Tracts 12525, 12539, 12540, 12541, 11781, 12772-1, 12621, 11625, 12362 and 9539 to Landscape Maintenance District No. 1 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 22 to Landscape Maintenance District No. 1 for the above subject tracts. The Engineer's Report, also attached far approval, contains the estf mated costs of the District and location maps for each tract. RECOMMENDATION It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 22 to Landscape Maintenance District No. 1 and approving the Engineer's Report. Respectfully sy~mitted, is 3/1 . 1 ~j~_ En,v,i netting Department City of Rancho Cucamon ;a 9320 Baseline Road Rancho Cucamonga, Cd 91730 R F.: TRdCT 12091 Northeast Corner of Grove and R[h Gentlemen, January 3, 1985 Please acc ep[ this letter as formal request [o form and/or join the appropriate Landscape and Lighting District as required per condition P-3 of the conditions of approval of tract 12091. Should you require any . further information or have any questions, please contact Steve Wheatley at Stephen Daniels Commercial Brokerage, Inc., 980-6868. Thank you. ~~~~0~~~~'- ~nu :,: ._ C11Y OF RANCI{C CDCA.!•{GI{"~~ E!:GINEERL'IG ON!SIG:1 Sincerely, r~ - ~~ Dominic Salvati, Applicant 3/3 -:l ,~ . , ,1 ~ PLAZA BUILpEFS, ~"Fw1 NCOIiPOPAIFD ]181-A Anway Avenue Costa Mesa Czi~torma 92626 lte 662]]00 12 March 1985 Ms. Barbra Rroll Engineering Technician City of Rancho Cucamonga Rancho Cucamonga, CA Dear Barbra, . ,.. ..: ~J .._r.9 Ji7 ~. id.4Ch~ fpC,Si l(iiiS:~ Plaza Builders, Inc., the owners of Tract No. 9539, located on Sapphire and Jannet Sts.. Rancho Cuca- monga, are in full agreement to the annexation of the landscape maintenance district No. I, We are also in agreement to the street lighting districts Nos. I and II. Obviously, in the purchase of this property late in 1984, this request was overlooked. We aze presently closing escrows and project 16 closings by April 15th. Your prompt scheduling for a calendar date on this matter would be most appreciated. Should you have any questions, please feel free to call. T~iM rlY/quard v Vice President of Operations Pla 2a Builders, Inc. • • \J A Subsi0iary of Caldornm federal SannGs ono Loan Ass0elali0n ~iH ,G ...' • \J SPIRIT DEVELOP'NENT COhIPANV January 14, 1985 CITY OF RANCHO CUCAMONGA 9320 Baseline Rancho Cucamonga, CA 91730 Re: Deer Creek Village 122 Single Family Homes Tentative Tract Nos. 12525 12739 12740 12741 Gentlemen: Notice of Intention to .loin Landscape and Lighting Districts On behalf of the Deer Creek Village Nome owne rs Association for the above subject tentative tracts, we would like to joint the City-wide landscape and lighting districts of the City of Rancho Cucamonga. We understand that the City will not maintain the landscape areas along the perimeter streets - namely Center, 26th and Arrow Route and will therefore be the responsibility of the Deer Creek Village Homeowners Association. Yours truly, DEER CREEK PARTNERS By: W. S. Going, Inc. A General Partner By: ~ W nn S. Going, Jr. President JVB a: Ms. Ditas Esperanza Fuscoe, Williams, Lindgren & Short 145 WEST MAIN STREF.1' TUSTIN. CALfEORN/A 92680 714/731-7900 3/~ Roy E. Daly Construction Corporation ~~ December 11, 1984 Lloyd Hubbs, City Engineer City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Dear Mr. Hubbs, Daly Construction Corporation respectfully requests the annexation of Tracts 11625 and 11781 into the Lighting and Landscape Maintenance District. Zf you have any questions, please don't hesitate to give me a call at • (719) 987-8024. 5' cerely ar Conner~ton Project Manager DC/mm l J California Office (714) 987.8024 9310 Baseline • Suite 102 • Rancho Cucamonga, CA 91730 /Y ~1~~/~ BOYER ENGINEERING CO. - February 7, 1965 City of Rancho Cucamonga ~' Community Development Department R. O. Box D07 Rancho Cucamo r.qa, California 91730 Attention: Darbara Krall Re: Tract Ne. 12772-1 Gentlemen: On behalf of our client, Morris and Searles, we hereby reouest pe rmxssion to join the City-Wide Street Lighting and Maintenance - District for the above referenced Tract. Ve..ty truly yours, • Dave Gillette DG :mjb cc: Morris s Searles 2950 AIRWAY AVENUE, B-2 . COSTA MESA, CA 92626 • 4714) 966-0808 s/7 lticlucood Derelnpmenl Co. 16:. Jo. Snn Cabrirl D(cd. • 1'nxadenn, Cali/ornin J1107 January 22, 1965 Barbara Krall City of Rancho Cucamonga Engineering Department 9326 Baseline Road Rancho Cucamonga, California 9173D Dear F1s. Krell: We request that our condominium project on tide soutYiwest corner of Arrow and Idadrone~ Tract 12621 be moved into the - crty's Landscape/Lig htrng District. We will provide what ever is needed to join Tract 12621 into the District. Very tr u]y yours „ • ~' / ~S~t fut t~ ST:mt • 1/P _Roy E. Daly Construction Corporation December 11, 1989 Lloyd Hubbs, City Engineer City of Rancho Cucamonga Post Office Dox 807 Rancho Cucamonga, California 91730 Dear Mr. Hubbs, - Daly Construction Corporation respectfully requests the annexation of Tracts 11625 and 11781 into the Lighting and Landscape Maintenance District. If you have any questions, please don't hesitate to give me a call at • (714) 987-8024. S' cerely , ar Conne rvt n Project Manager ' DC/mm ~~ \J ~, CeliforniaOffica(714)987.8024 '~''ti?;+-i-:~7;! 9310 Baseline • Suite 102 • Rancho Cucamonga,CA 91730 oxr ~ DE4~LpP~2E7~T December 1, 1983 Mr. Lloyd Hubbs City Engineer City Of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA. 91730 Re: Tentative Tract (12362 Dear Mr. Hubbs: We are the developers of Tentative Tract 112362 consisting of 22 buildings totaling 88 units on approximately 6.5 acres • located on the southwest corner of Hellman and Baseline Rd. in the City of Rancho Cucamonga, We agree to have the tract included in the "Special Assessment District" for landscape and the "Special Assessment District" for lighting, as provided by the City of Rancho Cucamonga, CA. Sincerely, / (~,~ ~acnw,ti~-/ J6e Carman Project Manager lI •7333 IIELL.\IA.\AVE, RV'~CEIOCL'C:\?fOYG:\,G1LI~OR\tAS1730 (714)989.172x• 11O CITY OF RANCHO CU CAMONGA • Engineer's Report for ANNE %ATION N0. 22 to the Landscape Maintenance District No. 1 Tract Nos. 12525, 12091, 11781, 12172-1, 12621, 11625, 12362 and 9539 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Nighways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new tracts into Landscape Maintenance District No. 1. The City Council has determined that the areas to he maintained will have an effect upon all lots within Tract Nos. 12525, 12091, 11781, 12172-1, 12621, 11625, 12362 and 9539 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right-of-way or easements to be granted to Lhe City of Rancho Cucamnng a. • SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have keen approved as part of the improvement plans for Tract Nos. 12525, 12091, 11781, 12772-1, 12621, 11625, 12362 and 9539. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty ($.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. a >/ The estimated total cost for landscape Maintenance District No. 1 (including Annexation No. 22 comprised of 29,485 square feet of landscaped area) is shown below: • Total Annual Maintenance Cost $.30 X 564,503 square feet = $169,350.90 Per Lot Annual Assessment $169,350.90 = 534.82 4863 Per Lot t4onthly Assessment $34.92 = $2.90 12 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are des ionated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled 'Exhibit A", by this reference the diagram is hereby incorporated within the text of this report. • SECTION 6. Rss es sment Improvement for Annexation No. 22 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 1985, to determine the actual assessments based upon the actual costs incurred by the City during the 1982/83 fiscal year whf ch are to he recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings, 5. Every year in May, the City Engineer files a report with the City Council. • 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. tati ,ASSESSMENT DIAGRAM ,J LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 22 ~rr~go ~`O" ~"~~~. CITY OP R~\\CI IO CI;CA~\10\GA ~.;" ~,~ V~ ~ ~ ~ - ~""'~1~'~` ~~`` TR. 12621 y~ 6~j ~ ENGINEERING DIVISION T 7 ww ' VICINITY ASAP 1\I ~1 page ~~, ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 22 I ID _ ~ g \ TSI/T~ 1 ~~ A33 - ~ ~ _ ~ If'l~ ~''^ y J^i / \ J ~ vim` ~, I 'fo5 ~_~ i ~LJ ~ \ / (rr.rcU P~ ~ I / X ' .nz' ` ~ Aso' _ 265 l ~ /"~ 111 - f\'f \ ti0 ,,~...,y. ~;. clT~r or a,~ticl to c~~c~~l~lo~c~~ e~ i _~,_,.~, _: ~~~~, - ~ TR.12091 >~ ~+~ ENGINEERING DIVISION ~`'~ ~' VICINITY MAP N P~Se ~av ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 22 ~„ L .., I ~:: ~.. I ,,,. I ~ i ~. tl .~ ~., ,~~'12 ~/i'~_~ I .m2 ,.J`~ ~..¢nr~- e7 - to >,~~!•, n~ a Ii~S le ,~ _ ~ - - ~ >,~,.a ~ it ~' n -..,,.,_a_~ ,~ , -~ ~ I M - - ~.---tea - .. 1- ~~• k s a __ a.••... -II poi ~~ i _ ~•zv.e_-1_.__•r. +.... _. ~ ~ ~ ~' ~,.~ E IS ~ ~_~G 16 iC I ~~~,.~'_._~ "_ s 7 6 5 ~: q 3 ~ 2 f 5 . ~ C. E` k r n ~~\ ~ 1 E ~~ ' ^ .. -'q~i ~~rc ~!4'Is `~` ' ~''9 .,\ Yl r1iY~1'..:. ', ~`tiri/ s ~~ 6h'' 1977 CITY OP RA\Cl l0 COCA\10\CA ~ J T R .9539 ENLINL•'[RI`:C ol,.lslov N VICINITY Al,\P page M1~Y ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. ~ ANNEXATION N0. 22 ~, a I, C: n LJ °'k r'. I;'~ ~'~~: ~I..r 1~ ~ (I I °' .~°`~~"~~"''^ CITl' OG RA~CI f0 C~'C,\,,\IO\'GA :``, ~ ~~. `8 -ter ~~ e~cl~retzl~G Dn'ISIO~~ ~i ~`~~ N 1971 VICINITI' N,\P a ` P Z;' X14 • ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 22 ,._,, ~.-_ 1.. I. 11 1'~~;, ~.,l \`~crc~w'~^ CITY OI' RA\CI10 Cl.'CA,\10\'GA ~ ~ ~~ ` c ' `~. r ~ ~, ~' ~' ~~ ~ ENGINEERING UR'ISION' z s~~ ~ N ~=- vlclNiTV nl,~r ron page z ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 22 "/ _ ' .t .. +~ . i ~`, ' y ~-,~lt i'- ~~ _ ~ ~~., __ ®: ~ ~, ,.-~_; ;~~~~ j :: fe j ~ ~ ,~,. .,,. cirr or li,~~cl to c~~cn~loxc,~ ' Y;v 'ref c' ~i ~~~ ~_ evclur:eal~c Dl~~lslo~ ~,,, vlclulTV nl,~r N l~J ,- ~~---- ~; . .---. ,~ --_. ,',; ;gym ,~-- ~~. ~. TR.1236~ P_8e ;ASSESSMEiVT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 1 ANNEXATION NO. 22 ~~ ~, ~ .~ ~ >--. ti' \ `ti -;?v '. ~ ° ~' ~~~` r~•=t~' _ V. 0 _~ 'i . ~ - .^ .~ -J~ i --'- fr-- ~\ 3; . „~`~ , \ `. •-. f N ~ A ~ \t ~ _' ; 4y s ~ ' I A `. .v'w ] it ~..;~` ."~ ~ STgE C p g ' ' F V ~ ~~ .~- ~ ~ 7J L ~ ~ --e , ~,w~., •-] 9 k ,. - -- _ _-~ 1910 _ ,____ _ STREET c°`~~~~IOI; CITY OP RA\CI1O Cl,'CA\10\GA J, ~','.~~`~ ~ TR. 11625 a,~~_..~cr" ~.- 666 °' J`:,G~ yfx ENGI~EEKIIG DI1'ISIpN ,~ T u `°~ tl> 1\~ll ~9„ vlct~ITti' nl,~r ~ ~, a i ~~C ASSESSr1IlEtvT DIAGRAi1A STREET LIGHTING MAINTENANCE DISTRICT N0.1 ACJNEXATIOD! NUJ. S ~~ . ~;: {,~.. ~ ,, r~ . i }~ ~ ;, h..~ . ~ ~--, ~ , • a -~;~,.. ,. -~ 1 _.~ ~ I i ~. .3 .v ,~11a 10 i i, : ° a. ~, ,. ~'~ _~~_ ,. ,~ , I, ~I~ S' e1 iy~`] ~•, i `1 I, , . ~~ jam" ~ ~~ ~: o"--`~°ej~t~ CITY OF RANCHO CUCAMONGA SO/ '• r,_,,1.. ~ : COUNTY OF SAN BERNARAINO yC,~ ;: `= iA STATE OF CALIFORNIA ~, ~ ~ N UI ~'~ 19977 ~~n..~.,~oo~ n.... o.~~iac..o ~.n~..-..,.... .--. title; TR. 12525 page mac. ,. c[Tr or it,~~c[ io ct,~c,~:~to~c,~ A ` W `~''"~~ TR.12772-I ~: s~.' ~P encrv~r:kr:~c ~rvrsrov ~~~~~ N ' vrcr~rTti~ ni,~r poi naR~ / ,as • RESOL UT IOtI t10. fB4~}-BBR Ps -i~~ !~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 22 TO LANDSCAPE MAINTEiiANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGIYEER'S REPORT FOR TRACT NOS. 12525, 12539, 12540, 12541, 11781, 12172-1, 12621, 11625 AND 9539 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 20th day of March, 1985, adopt its Resolution of Intention tIo.85-91 to order the therein described work in connection with Annexation No. 22 to Landscape Maintenance District No. 1, which Resolution of Intention No. 85-91 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and • WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 85-91 according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 85-91, be done and made; and SECTI OII 2: Be it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3: Be it further resolved that the assessments and method of assessment in the Engineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin unti a~ fter 60 percent of said tracts have been occupied. 33~- • ORDINANCE N0. 257 follws: AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, ADDING A NEN CHAPTER 9.16 TO TITLE 9 OF THE RANCFIO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES The City Council of [he City of Rancho Cucamonga does ordain ae SECTION 1: Anew Chapter 9.16 hereby is added to the Rancho Cucamonga Municipal Code to read, in words and figures, ae follwe: "Cfiaoter 9.16 "G On9ammtion of Al ohol in Publid Places "Sectiona• "9.16.010 Def ini[i one. "9.16.020 Coneump[i on of Alcoholic Beverages in Public Placea Prohibited. • "9.16.030 Pena ltiee for Violation of Chapter. "9.16.010 Def initione. As used in Chia Chapter, the term 'alcoholic bev stage' and 'alcoholic beverages' shall have the meaning set forth i^ Section 23004 of the California Business and Professions Code ae the same presently exists, or ae the same may be amended from time to Cime. "9 16 020 Cone otion of Alcoholic Heveraaea in Public Placea Prohibited. IC shall be unlawful For any person to consume any alcoholic beverage while upon any public street, alley, way, sidewalk or parkway, whether in a motor vehicle or otherwise, wi thim the City of Rancho Cucamomga. "9.16 030 Pena It iea far Violation of Chao[er. It shall be unlawful for any person to violate any prw isioa of this Chapter. My person violating any prov ieion of this Chapter shall 6e deemed guilty of a misdemeanor and upon conviction thereof sfiall be punished by a fine not eaceediag One Thousand Dollars ($1,000.00) or by imprisotment not exceeding six (b) months, or by both each fine end impr iso®emt." SECTION 2; The Mayor shell sign this Ordinance and [he City Clerk shall cause the same [o be published within fifteen (15) days after ice pa eeage at least once in The Aeily Report, a newspaper of general circulation published in the City of On terio, California, and circulated in the Ci[y of Rancho Cucamonga, California. PASSED, APPROVED, sad ADOPTED Ch ie 17th day of April, 1985. 3a~ ONDINANCE NO. 258 £olLws: AN ORDINANCE OP THE CITY CODNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AMENDING SECTION 12.04.01 OB OF CHAPTER 12.04 OP TITLE 12 OF TDE RANCHO CUCANONGA HUNICI PAL CODE REGULATING THE USE OF ALCONOLIC BEVERAGES IN CITY PARRS The City Council of the Ci [y of Rancho Cucamonga does ordain as SECTION 1: Section 12.04.0108 of Chapter 12.04 of Ti [le 12 of the Rancho Cucamonga Municipal Code hereby ie amended to read, in words and f iguree, as follwa: "Section 12.04.0108 Poaseae or consume alcoholic beverages. Por purposes of th ie Chapter, the term 'alcoholic beverage' or 'alcoholic beverages' shall pave [he meaning set forth in Section 23044 of the California Business and Pr ofeaeione Code ae the same presently ezis[s, or as the same may be amended from time to time;" l I SECTION 2; The City Manager hereby is directed to post, or to cause to be posted, as of the effective date of fhia Ordinance, or upon the later opening of any new City park, at each entrance to each such City park, a sign stating, auba[antially, as follwa: "Poesecei on or consumption of alcoholic beverages in Ci[y parka is a misdemeanor - Rancho Cucamonga Nunici pal Code Section 12.04.010." SECTION 3: My violeti on of Chia Ordinance shall be deemed punishable ae a miedemeaaor in accordance with Che pr wiei one of Section 12.03.170 of the Rancho Cucamonga Nunicipei Code. SECTION 4: The Mayor shall sign this Ordinance and the Ci [y Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dailv fteoort, a newspaper of general circulation published is the Ciey of Ontario, Cal if otoia, and circa la[ed in the City of Rancho Cucamonga, Ca liforoia. PASSED, APPROVED, and ADOPTED this 17th day of April, 1985. 33y • G~•..+..,V~C STAFF REPORT ~~ '.~ z 1 ~,I 9 [}-~: _ _ 1977 DATE: Aprtl 17, 1985 TO: Mayor and Members of City Council FROM: Lauren M. Naeaerman, City Manager ~C SUBJECT: ORDINANCE ADJUSTING CITY COUNCIL SALARIES EFFECTIVE NOVEMBER. 1986 It is recommended that the City Council consider adopting Ordinance No. 260 which will increaee the salary of City Council members from the present level to $500.00 per month, effective after the next municipal election in November of 1986. The Government Code was recently amended effective Jenuarq 1985 co permit [he City Council to increase [he salary level for council members [o $500.00 per month. Nhi le [he increaee could be effective ae early as June of 1985, i[ has been past City Council policy to not change salaries until the beginning of a oew council term. This would mean that the Ordinance would not be effective until November of 1986. RECOMMENDATION It is recommended that [he Ci [y Council consider adopting the Ordinance adjusting Ci[y Council sal er ies effective November of 1986 following Che next municipal election. LMN/kep 3sr ~nneU .L. ...~~,~r,(~mvnm / ~~~~14n,.nl~ /~~ p' NVMBER ONE CIVIC CEHLER CIRCLE FOVRTn FLOOR JAMES L MPRN MAN P. O. BOS 1059 PNO RCµ v LRCSVY SKI BP EA, CA LIFORNiA 92621 RP:.~n o MPrv 50N O CR A1G FOM /II IAi gg0~090' LE LEPnO NEB ~tlJi 601 ]BII _.,,' ,_.~._~__~ March 14, 1985 .._ ,.._~,L.:.11 Lauren [Vas se rman City Flanager City of Rancho Cucamonga 9320 Baseline, Suite C Rancho Cucamonga, California 91730 Re: Ordinance adjusting Council salaries Dear Lauren: • Enclosed herewith please find the ordinance we discussed this date by telephone. This ordinance will adjust the City Council salaries to an amount of $500.00, the adjustment to take effect following the next municipal election when new terms of office commence. As I indicated to you, California Government Code Section 36516 was amended effective January 1, 1985. The amendment allows the Council to increase its salary level at the ?resent time to $:00.00 per month. This increase could occur after two readings of the ordinance and the required 30-day waiting period so that it potentially could become effective as early as June 1, 1985. If there were to be any increase on a percentage basis over and above the amount established in the ordinance, that increase could not become effective until the commencement of a new term of office. The ordinance supplied herewith has been supplied at your direction to the effect that the increase to $500.00 should occur at the commencement of the next Council term at the direction of the Council. Please advise if you wish to make the adjustment to $500.00 effective more quickly based 33G Lauren Wasserman March 14, 1985 Paqe Two upon the change in law. If the enclosed ordinance is sufficient, please process in accordance with your normal procedures. Very truly yours, 7 James L. Markman City Attorney City of Rancho Cucamonga JLM: sjk Encl. • ~~7 :~ ORDINANCE NO. p~(oO AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO CUCAMO:IGA AMENDING CHAPTER 2.16 OF THE RANCHO CUCAMOS7GA MUNICIPAL CODE AiID THERE3Y ADJUSTIi7G COMPENSATION I'OR MEMIIDRS OF THE CITY COUNCIL. It hereby is ordained by the Council of the City of Rancho Cucamonga as follows: SECTIOiI l: Chapter 2.16 of the Rancho Cucamonga Municipal Code herebv is amended to read as follows: Chapter 2.16 "SALARIES • "sections: 2.16.010 Statutory authority. 2.16.020 Population estimate. 2.16.030 Salary amount. 2.16.040 Additional recompensation. "2.16.010 Statutory authority. The ordinance codified in this chapter is enacted pursuant to the provisions of Section 36516 of the Government Code of the state, authoriz- ing the council to provide by ordinance that each member of the council shall receive a prescribed salary, the amount of which shall be based upon the population of the city as determined 6y estimates made by the State Department of Finance. "2.16.020 Population estimate. The latest estimate of copulation of the city made by the State Department of Finance is between 50,000 and 75,000. "2.16.030 Salary amount. Each member of the council shall receive as salary the sum of five hundred dollars per month, a~s prescribed in Section 36516 of the Governmen[ Code of the state for ci t.ies in the 50,000 to 75,000 population group. The salary shall be paid at the same time and in the same manner as salaries are paid to other officers and employees of the city. -1- 31d Ordinance No. Page 2 "2.16.040 Additional recomoensation. The salaries prescribed in this chapter shall be exclusive of any amounts payable to each member of the council as reim- bursement for actual and necessary expenses incurred by a member of the council in the performance of official duties for the city." SECTI0:1 2: This Ordinance shall become effective on the date upon which one or more members of the Rancho Cucamonga City Council commences a new term of office following the nest succeeding general municipal election held in the City of Rancho Cucamonga. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within • fifteen (15) days after its passage at least once in The Daily_ Report, a newspaper of general circulation published in the • City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 1985. Jon D. Mickels, Mayor I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 1985, and was finally passed at a regular meeting of the City • Council of the City of Rancho Cucamonga on the day of 1985, by the following vote: -2- 339 • till t yr nnlV l.nV ~, liVH1Y1ViV UN MEMORANDUM `J CVC v,NphC. 9 ~ r ~~ ~ ii 19.J April 10, 1985 T0: City Council FROM: Lauren Wasserman, City Manager SU-JECT: Continuation of Ambulance Issue l The City Council will recall that at its regular meeting of March 20 the consideration of ambulance service reg- ulation was set for agenda on April 17. At present, the City Attorney and staff are working through final points relating to the ambulance issue and anticipate completing a revised report for Council consideration on May 1. It is also important to allow time for those companies having in[erest in the issue to review and comment on the report. Staff, therefore, recommends that the Council continue discussion of this item to its next regular meeting on May 1, 1985. /ml 34n CITY OF RANCHO CUCAMONGA STAFF REPORT • DATE; April 17, 1985 T0: Mayor and Members of Ci [y Council FROM: N L re N e Berm an Cit Mana er ~ ~`"~~ . au n a , y g j SUBJECT: RE OEST FROM AMERICAN Y00 SOCCER ORGANIEATION FOR PARTICIPATION IN DEVELOPMENT REMAINDER OF HERYL PARK The American Youth Soccer Organization hoe sent a letter to the City of Rancho Cucamonga indicating an interest in working with the City to develop the westerly portion of Beryl Park. Ae Council may recall, [his additional acreage was acquired during the past year. A[ the present time [he City is working with AYHO [o complete Che ineta llatio¢ of field lighting at Beryl Park. If [he City Council approves the continued cooperative development of the additional park acreage, this will provide approximately 4 lighted e occer fields for use throughout the year. The importance of the project is that the City would have, at a single location, the ability to have regional playof fa and other soccer tournaments. RECOMMENDATION It ie recommended tha! the City Council inetruU the staff and City Attorney to develop the appropriate cooperative agreements to develop Che remainder of Meryl Perk with priority use bei¢g reserved for youth soccer programs. Ae the Ci[y Council may recall, there are approximately 2,500 youngsters involved in soccer act ivilies throughout the commu¢ity. Ae more young families move into the City, it is an[ici gated [hat this number will grow Babe ten[ially during Che neat far years. LMN/keg 3Y/ ,o~~r, sacce~ n~ • r ~~ ~+ • ~ 3 AMERICAN YOUTH SOCCER ORGANIZATION ~ ~ a nonprofit corporation dedicated to youth soccer // ±` d~fi)OIIA ~M~/' ~~~MOE~ \96u Apr:! 3, 1v:j5 Maror Jon MiNels City of Rancho Luc amonoa P.D, Bo•t SO? Rancho Cucamonga, GA P1?30 Dear t1a ror Mikel s: iAe are Napo! t0 learn that the inst all atlon contract for ligntinq Ser wl Park has been awarded and toot is ork is eepeceed !o Oeoin in the near future. !Je cansi der this a ver! important f,rst step in meet,ng the neetls c4 our members, We look forward to the initiation use of the pl a•~ing liohts at tr.e bzgir~n ino 04 our ;aS`-56 sea=_on. • At this tame we are : merested in taking a -rcond 5f2p tGiN ar7 m2etln0 opt ~ipl! our pe5tl5 but "~5e Of other organizations in the ccmmunitr. 6Je ~. :.Id appreciate the oopGr tuna t! :: ;: a=; with ".e L pUnC!' the tlevel ooinent of 'and ad; scent to the iee st of the o~i;ting Beryl RarK ~.oh ich ~.oe understand ha= recently been acauirzd 6r the Cit-. If ayr ee able, 1 could appear before the Lou ncil at the .apr it I'rn mzztinq. Thiank !ou for !ear continued supp vrt o4 our efforts to provide a Quality program for tho youth o4 our community. Sincerely, / >, ~ 91..D~ ~ ~ ._, ~.a,J~1 ' Sandie Oerl. /V~ Regional Commissioner AIo0 Re•3i on E`. A+LeE SECTION ONE AREA G SaVUIF ql P:1 F.o~onn, Can,ni.,nonn. .n _. ..id nin l..-, rA•nrn d.u'q~ {1L n50ll;l / ~. REGION 65 . . 3YL - • Vlll Vl' II AiY Vaav vv vcaa.a v.. v.~ MEMORANDUM April 17, 1985 T0: Mayor and Members of City Council FflOM: Advisory Commission Members ~l BY: Robert A. Rizzo ~~('Y Assistant to City Manager tt[ SUBJECT: Advisory Commission's Recommendations Aegarding Campaign Financing for City Elections Lr~ ~O C9 ,.. - ~ ~~~,;~ i9%' I The Advisory Commission at its June 1985 meeting reviewed the City Attorney's comments on campaign financing and controls for City eleotlons (memo dated November 2, 1984). The Advisory Commission as a whole believe campaign financing controls are necessary, and that nontributions from time to time may overshadow the City election process. It is the Comaission's intent to present the City Council with merely a set of desired criteria Sn which a campaign financing ordinance could be developed, Listed b?low are some parameters the Commission would like to be considered when such an ordinance is prepared. A. Advisory Commission's Aecommendations deemed by City Attorney that may be imposed by the City. 1. City of Rancho Cucamonga's campaign financing ordinance to be coordinated with Fair Political Practice Law (City of Aos?vine Ordinance, Section 2.60.30). 2. Limit total (aggregate) anonymous contributions to $2,000 excess to a non-profit organization of candidate's choice or to the City if no non- profit organization is chosen, 3. Yncrease disclosure requirements on contributions of $250.00 - $999.99, (a) Individual, city of residence, or field o£ employment; (b) Non- Sndividual, address, type of organization, formation date, number of members, whether Individual contributions are required to organization or candidate, 4. Contributions over $999.99 require vastly increased disclosure requirements. SUCK requirements should include but not b? limited to the following: a. Contributors financial statement of profit or loss novering year to date for First 3 calendar quarters of election year and previous year, spec Sfying identity of all sources of income over $1,000 and all persons or entities to whom contributor has paid over $1,000 during the 21 month period in question. b. List all persons or entities with whom contributor has financial transactions over $1,000 and whom contributor knows does business with the City of Aancho Cucamonga. 34~ April 17, 1985 2 Campaign Financing c. List all other contributions to candidates in current and last (prior) • city election campaigns. d. Contribution balance sheet, including complete descriptions of limited partnership and closely held corporation interests. e. List all contributions' real estate holdings or interests in Rancho Cucamonga. f. List all development applications filed with the City of Rancho Cucamonga during the same period as covered by financial statement of profit or loss. 5. Prevent aggregation by totalling required individual contributions (condition of employment, promotion of membership) against group or organization (see City of Poway ordinance). 6. Contributions by City contractors limited to x25.00 per candidate, and a list of contractors is to 6e made known to candidates by the City Clerk when they file for offic?. 7. Forbid contributions by developers between time sixty days prone?ding initial application and sixty days after final approval (recording of tract map). B. Advisory Commission's recommendation deemed by City Attorney may be imposed by • the City with modifications. 1. Direct that all surplus campaign financing funds to be held only 90 days after election, then distribute to a non-profit organization, or to City of Rancho Cucamonga, and prohibit all contributions more than six months before an election. 2. Authorize City Prosecutor to prosecute all violations of this ordinance. 3. Require candidates to furnish their total oontrl6utions and required dis- closure information (names, etc.) from campaign to two newspapers with the highest circulation that are publ SShed within 25 miles of Rancho Cucamonga, the City Clerk and public libraries in Rancho Cucamonga 7-10 days prior to election with a supplemental report 2-3 days before election. 4. City Council to consider the City of Gardena's campelgn fSnancSng ordinance as a starting point for drafting an ordinance in the City of Rancho Cucamonga and request City Attorney to review said ordinance prior to drafting Rancho Cucamonga's. At such time as the City Attorney has prepared a draft campaign fSnancSng ordinance, the Advisory Commission would welcome the opportunity to review St and make appropriate comments. If, Sn the Snterlm, the City Council has any questions, concerns, or would like clarification on any of the points recommended, feel free to contact us. • Thank you. 34y . • •.aa • va u~a~a,aav i.~~.a~:uva~v~ wJ Cu... etOn,C` MEMORANDUM ~~ ~. =~~` April 10, 1985 _ ~ ~' IYi' I T0: Mayor and Members of City Council FROM: Advisory Commission Membersr BY: Aobert A. Aizzo 1(// Assistant to City Manager /A~' SUBJECT: Land Use Aecommendations by Advisory Commission The Advisory Commission at its March 28, 1985 meeting recommended that the following informatlop be forwarded to the City Council and Planing Commission for consideration. The Advisory Commission finds and recommends as follows: • This City has long desired to maintain a rural environment to the maximum extent feas161e. This City has allowed the construction of large amounts of high density dwellings during tho past two years. There are many more high density dwelling protects approved or awaiting approval. Too many high density dwelling projects are inconsistent with the wishes of the citizens of this City, deteriorate our resources and produce serious consequences of crowding. Swift and certain limits must be planed on the proliferation of high density dwelling projects. Therefore, it is hereby AESOLYED that the Advisory Commission recommends to the City Council and planning Commission that the general plan and zoning ordinances of this City be amended to effect a change Sn allowable density ranges along the following guidelines: Continued.... 3vr April 10, 1985 2 Land Use Aecomme ndations RANGE SIZE SIZE NAME NOW PROPOSED VL L no change no change ~ no change no change 4-8 5-6 M 8-14 7_q ~ 14-24 10-13 R 24-30 14-18 I 19 or more CUP RESOLVED further that any imbalance this creates in the general and zoning plans should Da ad,Justed by commercial and industrial changes. RESOLVED further that the categr^y "I" represents Intense development, that it be permitted on no more than 1/10 of 11L of the residentially zoned land and that it be controlled by conditional use permit standards which demand amelioration cf all effects of high density to a degree that they have no greater impact on the resources and adverse affects of crowding than would one dwelling unit to the acre. If you have any questions or concerns regarding this matter, please feel free to contact me. flAR: mk • • u ?4G • CITY OF RANCHO CUCAMONGA MEMORANDUM Date: March 13, 19 B5 To: City Council and City Hanager F<om: Historic Preservation Comma ssl on n By: Mary Whitney, Community Services Coordinator (~\, ~' Subject: Appointment to Historic preservation Comma scion March 20, Agenda Item 7-A. ,..,._ \'v ~ ,~ _..re~ The Historic Preservation Commission, at their March 7 meetl nq, unanimously selected Mr. Bob Schmidt to be recommended to Council for appointment to the Comml scion. Mr. Schmidt is currently the President of. the Casa de Rancho Cucamonga Historical Society and has continually displayed his interest, knowledge and enthusiasm Eor historic preservation. IE appointed, Mt. Schmidt would serve out the to rm vacated by Comml ssioner Kilmurz ay in January of this year. His term would expire July, 1987. nnc/ j s 347 ~t~n;G'~~9~;U CITY OF RANCHO CUCAMONGA ADMIN!STF;s;71ON • tri.t'' ~ 1965 AM py 718191D(U(12111243(415(6 CITIZEN'S APPLICATION TO SHAPE ON Historic Preserva[ion Commission NAME H.A. Schmidt pDDflESS 6917 Rervl SL, Rancho Cucamonea, CA 91701 PHONE 9R7-2942 OCCUPATION Elementary Principal EDUCATION: (list highest year completed and all degrees) Tfasters Deflree CAlifornia State University Los AnKeles-1962 Hachelor's Degree WashinP.ton Universi[v S[ Louis - 1950 pre there any workday evenings you could not meet? If so, please list No Nhy are you interested Sn this position? I am ex[remely incerested in local historv. 1 have lived, worked and owned oropertV in this area for thirty years and 1 am involved in the community and its background. Nhat do you consider Lo be your ma,Jor qualifioatSons? 1 am active in local historv research as President of Casa de Rancho Cucamonea Historical Socie[v. I write historical articles for their publication. 1 have an academic background in historv. REFERENCES: 1. Maxine Strang 7403 Archibald Rancho Cucamonea 91730 2. Eugene Billings 6RI3 Amethvsg Rancho Cucamonea 91701 g, Floyd Stork 735 N. Ukiah Wav Upland 91786 Please attach a written statement containing any additional information you c1 Ceel would be useful to the City Council. "~ (RC Form E) ay8 L ~~'Jv,; CIiY GF RANCHO CUCAirIGNGA ADN.IN'ST'i: T10N MAR 141985 AM PM 71819j10 414121112131415( 6 4 CITIZEN'S APPLICATION TO SRRVE ON 'i I5 i C 2i 'L ~i2 c°S ~ L'> a ~ io c Lr.~~.. ss.nA: u - lac //ro A,t~,(-~ $F=o ~N,: AC //resin c_ ~/. ~~.in.~,~ PHONE 7/`-^v'>-/~, ./ OCCOPATION - ~..~~c o:.;r r. EDOCATION: (list highest year completed and all degrees) Are there any Workday evenings you could not meet? If so, please list • WhY are you interested in this position? NF -2 .C;. ;~,-•',/> /^,;Ze/! ,( What do you consider to be your maJor qualifications? ,(.; ,~! ~ { j/,_ .~6. r-N - ,<~ sS i FCA/r N TC' Ni .-rF ,T i. flEFENENCES: r Please attach a written statement containing any additional information you feel Would be useful to the City Council. (flC Form E) 349 ~`~ ~uu.xo,~' J n ~:{ , . FI ~ 2 I'JJJ > 1911 CITY OF RANCHO CUCAlYIONGA Hy.e Jon D. )tikela G.uv~l•umMn CM1ulea 1. Duque[II Je(frer %inq Richud JL DahI Pamela J. Wright CII'Z7EN'S APPLICATION 1T7 SBAPE ON Park Development Commission i °hd~. ~'~ H. PHC4E~I~J~{~3~ OCCUPATICN~~. P.r~ ~~-~ ~ 1, . EDUCATION: (list highest year completed and all degrees) Are there any vorkday evenings you could not meet? If so, please list~l~ Why are you interested in this position? i,[ What do you consider to be your ma]or qualifications? . ~~-•-L .fQ ~-L- ,~s~y 3 ~/ 7 „i Please attach a written statement containing any addSti0nal Information you feel would be useful to Lhe City Council. (flC Form E) f770 BASELINE ROAR, SUPlE C • POST OFFICE 80S 707 RANCHO CHCA6iGNGA, CALIFORNIA 91770 • (714) f9f-1961 r 3 so .. ~ ... f~ OrUG4.5(O~C CITY OF RANCIIO CUCAMONGA GZ` Y rc) / / > CSI ~~~ ~ • H,j ~' Z c:I a 19ii CITIZEN'S APPLICATION TO SERVE ON: ,~. L f?ii.t K I-I,~C l.S C. ~'~ U CL'.1) rYl , / NAME h'~CCC ~l ~~I : ~ C f-!e LC ADDRESS f/G ~L~ CIAnf LL L/R CCI.{/ZT PRONE /:L Ct.Q'~-C//,'3 J OCCO PATIOCI l~=P StIL-C~ItG ~f fYt cSS G/^ ~t/N3%A7d L~,IF i /)ic'77rt i~ Alwi .a/txr~, EDOCATION: (list highest year completed and all degteesl /a l1 Ar/-L'r~ C'+1 A-rIL-L C'nc-if-~--E Eth L. A Cc~CL ~L•C Are there any workday evenings you could not meet? If so, please list. f~C rV L Why are you interested in this position? .71 dc~:LT,i ATEC E>r£-O /A% • THE .D.~%!L'-N:ngnl- Op Ccrk:. (.LM/17KA: ,i a -L-5 ~7/l1L L_il r'iFCKS /i' T'HE is Ty, Y R.n t'ErL.~ rrJdpf JrD /~' bysr < r~au<r s'rFeet,.As oa cte Hs Tom- fNc O?neat. n.4 ~~.4in~` what do you consider to be your major qualifications?S f/Acl Sc"k DL--"D 0..= iNC FJ("A'-riAL-E JRCC Ak"x ~I(L ('emn. Y Nri(f A~Jfr) i.C Sf. C'~I Lrl n~a,..r,1 33 Ci- my 3~! t/r FF. f6JD CAeE dfRV i\iN~H nr iad c',iti. i/yn A CB~JCiTr~~A ~'['s rJEN- Ld.~N 3 C.'ifrL Ol'.'n. L-Ec~.-/ti/• up ~N TNt C. w'~irl Nc :.v r-E..+Ptn. Sip /lrl.~rN :'. i Aq JE ..l'E REPERENC ES :iNC CC %A U:u N~Py L-C.c'w` A{yU "'C •1 d.~ /-,CC Tc' Kdvr= jCrnF %.5%~nticc niFaT .7s 7rr< <,7y Cc.., e%4 ci T1 GF41 1. /)NCr/c2Ge .i/CNAe r~SC a~ J/eE J"Pi~%Cl Pr7L ?4rc/O .SToK ,e Si. /6rC [, , z.Fi+T1ir`e' rtrTJ~e~l2= -'S%+w~ yr7cS, Si i'/+tiK t'NrN~L/e. rYfu,ecN n ~ ^ _ I.Jri n)J/C L f t <t - ('C iU)1 rSSrc /Jc--~ )L .4- l[. -? C 4' %rrl HG,cry ~f-lLxliaL•C- Tf~s',~ l-z~rcC C'Oa~,7r,/-T'cE ~ Jt;'erElli:c%l'. Please attach a written statement containing any additional infor- mation you feel would be useful, to Che City Council. • 3 S/ ~~ POST OI'FICE ROYflW ~ RdSfalll CL'G\11(1SOA. C,\LIFO1lNIA 91700 ~ (711)989~1fl51 ~: v(arch 15, 1985 Mavor ion D. \4ik els City Council \-lr mbr rs City of Pancho Cucamonga DFar Vfayor \.fik rls and City Council Members, I am art atl}' intr rr st rd in brine an aetivr member of the city's Park Commission. As a liG-loot rr sidrnt otthis tree, f take greet pride in our community and its activitira. Throughout thr years I have been involved in our comm- unity as a past coach for A"SO (xYra rs), I am a peat president of the •romrns soccer r team, I have servrd a t••o year term v~{th the Student • Cite Council at Floyd Stork School, my last year as Chairman, I ••as lost r~m~nt al in bringing Cable T. V, into my immediate neighborhood, and also instrumental in bringing the lei ghbo rhood Watch Program to my sf re et. I am currently a Block Parent. I •~ as an active member on the Herit aqe Park Task Force and a member of the Red Hill Basin Task Force as v~ell. My Huab and as ~•ell es myself are both involved in law enforcement as full time careers, Last Saturday I volunteered my time fingerprinting children .•ith the San Bernardino She ri tf s Dept, and the Chamber of Commerce for our City, I brlievr in programs that ere vv rthwhile and heneficiat to the residents of oar Community. B gin; {nvolvrd v~iththe Perk Commission vrould be a very satisfying endeavor for me. Any consideration given me v~ould be greatly appreciated. i ._t ~r J~ ~ ~ i. Yi. Lf., ~ ..1. ti% ~ 3.i 1 ,•p~at ~~. ~~ °~. CITY OF RANCHO CUCAMONGA ~' ~-r.' ~"~ ~ ~I> .mw•Jon U. Mikels aS'a<ili,. d. cc s c....,~.,me,.. - `C. ~~ Charles J. Buquel ll James C.Frost -- .-. Richard M. Dahl Phillip D. Schlnaser 1~1 CITIZfiN'S APPLICATION TD SER9E ON Advisory/Parks NAME Faye E. Chapman AOORESS 7580 E1 Arco, Cucamonga, CA 91730 Home phone: 985-3214 7h ONE Work: 620-7511 X3378 OCCUPATION Small Business Co-o rdi na tor, General Dynamics EUUC1TI00: (list highest year completetl and all degrees) Rre there any xorkday evenings you could not meet? If so, please list • - _ Tuesday Why are you interested in this position? I have always been an involved citizen sensitive to the community needs during rapid transition. I feel I would like to be more directly involved. What do you consider to be your major qualifications? ~ ~ ~ d ~ r ~ 0 N See attached pa ge. ADMINISTRhTION nuc ~ n 4M. ~M 718191~11~t~11r,2t3r41316 PEFF,F ENCES: 1. Pat Gearhart 6862 Eti wan da Avenue, Eti Wanda 2• Bettv McNav 7600 Calle Casino, Cucamonga 3• Father Char yes Bennison St. Marks Episcopal Church 330 E 16th Street, Upland Please attach a written statement containing any additional information you feel would be useful to the City Council. flC-(d) 3 57 ~5- 9JIgNASE1,iN6N0AI1.3U1TR(' • PDST (1 Fh9fR BD%Sg7 NAN('IID ('CCAMIINGA. ('ALIFDRNIA 9VJ0 • (7141 363'1351 Advisory: I have chaired the Civic League Organization in my former town in Virginia. Currently I belong to the Pomona Chamber of Commerce, Pomona Business 8 Professional Women, as Membership Chairman and am a Booster to the National Management Association at General Dynamics. Parks: I have been very involved in Garden Clubs and Beautification Committees in Virginia. I would like to see all the new developments in our area start their own clubs to beautify our city. This also fills a social need as well as building a sense of pride in our community. • • 3 SY ~' ~,~°'~•V+`°'~,. CI~~ ®F RANCHO CIJCAIVICNHA <; y C uNA V ~ U IiD 19~i Ci TIZEtJ'S APPLICATION TO SERVE On: parks and Recreation AdVls *y Co m144~e NAME Gary L. Stevens ADDRESS 13038 Ivy Rancho Cucamonga P HONE (714) 899-1028 OCCUPATION F1e ld OlJera'tar EDUCATION: (list highest year completed and all degrees) High School Diolomii. Are [here any workday evenings you could not meet? If so, please l is t. No • Why are you interested in this position? To promote SnlRreat in and falrneasea to all recreational activities in the c1ty. What do you consider to be your major qualifications? Please aee attached statement. REFERENCES: l,Cary Clche lla 9&10 Cinch Ring Sane R.C.,(714) 980-5795 Certified PuDiic Acco7mtant 2.Jerry Bredlau 19040 Pinon A C..(gi4)~gq=149t s++...,na ,eneo___1.8~..+ prastd,,,,t 3 .1taw, unnham oT~ +lusman R.c_.(~yy,)~87'z389,Cltrus Little League president Please attach a written statement containing any additional inFOr- mation you feel would be useful to the City Cou nci W.E C ~ 1 r g p CITY OF RANCHO CUCAMONCA ADMINISTR~,TION ~r s ~ ~ aan~ul~~l~s~~s e gss' J1 POST OFFIf.E fl0X 807 ~ RA\'CII(1000.\\IOSCA,CAId FOR\L\917J0 ~ (71J19fl9-1851 ~` . As aU' major qua11f1catlons,l present the folloxinga 14 yeazs as a Little League manager and coach. 4 yeazs as a girls softball coacD. 3 years as Senior-big League Administrator for Mstrict 21. 2 yeazs as Area 1 Dirnetor for District 21(Little League Baseball). While serving as Area 1 Director and Senior-Big league Administrator,I have had the opportunity to solve local league ]soblems involving scheduling, rule book decisions,and field Problems(including helping build a Senior league field for YSneyard Little League).Besidea baseball,Ihave supported the youth soccer leagues is the c1ty.I have supported Alta Loma High School sports teams and plan to support sports anfl band programs at the nex 6tixanda High School. I feel that the city must find or begin to provide adequate space for all youth sports programs and city sponsored zacreational programs.Thls must be done through bond issues or other weans for more city parks,Besides sports programs more parks are needed for city residents to spend their leisure tSme.Thank you for considering my application. u Sincerely, Cary L. Stevens u $ ,fL • ~C =AAIp . ~~~ ; ~> CITY OF RANCHO CUCAMONGA \ ~;> i ~,~ ~ ^ .•.-.Jac D. ~rheia ~'>`'a+f ¢' ~x re„~n/m.mw... - p ' ~ L'hadea J. Ruque( II James ('. Frost -. - _---+ Richard \I. Dahl Philliy 16 $ehlmser i4 ~/ r ~ / CITIZEN'S APPLICATION TO SERVE ON %Cr-i~/i L ~4L/.IGj~!~% ~~L~rj ~~~%'< :':/J/_'Y ;7 is r' %. U~ .1 ADDRESS %%'/l~: ~/i/~/i/. E000ATION: (list higher r Are there any workday evenings you could not meet? If so, please,. <. _y,~,/ ~.~/ .L - ~/ • xmy are you interested in this position?~"=~ •±•.t-%~ f !-i>+~L'/Yr ':~ ~5.' ~ ~ _ tc~vi~;- ~~4r:. c-. XnvT.a/~a~~ r>j~ `_'YTu1.'. n'sr~i// ,•, _ 1.~r~../ .. ~aeZl'./` cry /9s'4 _lz-~! ,•il~i" .,li'~S~[rl /i.S.n 47nat do you consider to be your major qualifications? „ Y, rL ~ .. ~csG~`% Lv~ . ~ iL if iiiirr.T--„d fi /,:.:,•/ i .~, i~r~li,}z, /'r~._f-/' . Please attach a wri tten• statement containing any additional information you ~ feel would be useful tc the City Council. RC-(I) 367 8870 BASELINE. ROAtl. 9UITF,C • POST OFFI('E BOX 807 RA8('IIO ('C('AMIIAGA. CALIFORNIA 9i 7J0 • 171(19894flfi1 i~ ~~cAAlp A 1 '~ ~~~T F" ~ Z UL Ji> 19ii • CITY OF RANCHO CUCAMONGA 1, CITI2EH'S APPLICATION TO SERVE ON :~ d y:. ADDRESS ~,('+, l~7(~'`l ~ ~r i ~ C ~" Q ~ PF!ONE ~~;'~~ ?f'G' !~7' OCCUPATICNi ,f'[}ji~; ac ~l7 L~,gr a .~,•+.'~'tiQ•'a4pvY sr3 r{( ; J~P~~ EDUCATION: (list highest year completed and all degrees) ~~ ~ I~ ~.r +ys of .•, .-~71~' t7~~_%+ _ ( ,,, C' .., j r ,. <~' ..1 Are there any workday evenings you could not meet? If so, please list. ~G.'C>'Q.J C Why aze you interested in this position?~_{~u SC d: Q_ Owr.-r->~b>/c'j fr." %'>~~ 1 n ~~ o~ -!hN fir, ? r ~~~ • s c"~ ..'G» .:i~a rC <r c~~:.ii:: n, 4`~ ~JC ) C..s e..c.;?Lr ^~+~C ~~~G ~ ,. ~ what do you consider to be your major qualifications? ,''~~Q.17C cfi~C,~7~1 .~74 Please attach a written statement contain inq any additional infor- mation you feel would be useful to the City Council. ~_ I~Bc~.~.ry [-n.1~('.~le~ IYJC S>c»-IC~ ~r7CY"~~~1 ~>7/Q~ C o/Y/1~'7!r, ~1~~<:~[ rLO -~llf ~Jr t: t'%c~v~~7 c-r~T' L:I `~~4ykS ~s ,~~'~CY'vCC-1 :v'i) QS ~~L L~~cuc !~.-~ the ,-/ > ~-, -~ , ~~ a.,-xtla Os~cc~ Fr c `7~ are . PAST IIFPICF. qII%N07 ~ RA\SCIIO C'L'CA\IIIN 'A, C,IIJFIIR\IA 91770 ~ (71119tl9.1 N51 ]T REFERENCES: 2 April 17, 1985 CITY OF RANCHO CDCAMONGA RBDBVELOPMENT AGENCY NINOTES 1. CALL TO OBDBR A meetivg of the Bedevel opment Agency of the City of Rancho Cucamonga met an Wednesday, April 17, 1985 in the Lions Park Community Center, 9161 Baee Line Road. The mee [i ng vea called to order a[ 7:05 p.m, by Chairman Jon D. Mikels. Present were Agency members: Pamela J. Wright; Charles J. Buquet II; Richard N. Dahl; and Chairman Jon D. Mike ls. Atao present were: Eaecutive Director, Laurev N. Wasserman; Legal Counsel, John Brwn; Deputy Director, Jack Lam. Absent: Agency member, Jeffrey Ring, mho vas out of two on business. APPrwal of Minu[ee: Motion: Moved by Dahl, seconded by Wright tv approve the minutes of Pebruary 20, 1985; March 20, 1985; and April 3, 1985. Motion carried 4-0-1 (Ring absent). x x x x x x T. CONSENT CALENDAR 2A. Approval of author ixati on for a nev City Aerial Photo. 2H. Approval of participa ci on in 1985 Inland Hmpi re Weet Conference. 2C. Approval of Inducement Resoluti ov for a proposed $3,500,000.00 Certificate of Participation Progrm for Civic Center II, Ltd. RESOLOTION N0. BA 85-OS A RESOLOTION OP TBB REDEVELOPMENT AC01CY OP TBE CITY OP RANCHO COCAMONGA, CALIFORNIA, INDICATING ITS INTffi7T TO PROpIDB FOR TBE ISSDABCB OP OBLIGATIONS ABD TE6 INSTALLMEBT SALE FINANCING OP A COlDffiRCIAL PROJECT BY CIVIC CBETER II, LTD. NOTION: Nwed by Wrigh [, seconded by Dahl to appr we Che Consent Calendar. Moti ov carried 4-0-1 (Ring sheen[). x x x x* R 3. STAPP HEpO8T3 3A. Staff report presented by Lauren M. We•seznan, (I) (2) (3) (4) Sherry Cannon, of Invite Publics [i ono, presented [he proposal to the Agency. NOTION: Moved Dy Buque [, seconded by Dahl Co approve pertici pa [ion in [he public information temps ign reserving the right for both in progress and final art work, color, layout approval, asd author iz ivg the expenditure of no! to eaceed $5,000 to come from the RDA area-vide fund. Motion carried 4-0-1 (Ring absent). x x x x x x 3B._REODEST DY EFA ASSOCIATES (HRNBST BAIIN) POR REDEVELOPMENT AGENCY CONSENT TO (5) Redevelopment Agency Minutes April 17, 1985 Page 2 Daniel Felix, from Erne e[ Rahn Cmpany, stated he roe present to respond to questions. NOTION: Moved by Dahl, seconded by Aright [o approve the loon traneac[i on by treed RFA Ave ociate• and Mercantile Canada Corporation and authorize the Exe <utive Director to sign Co¢sen[ aad Agremen[. Notion carried 4-0-1 (Riog ebse ¢[). w w + ! w w (6) 3C. OWNER PARTICIPATION AGREEMENT FOR GARY RABTHR - 6xetution of an Over Participation Agrement 85-01 by and between the 8edevelopnent Agency of [he City of Raacho Cucamonga and Ranter and Foothill Property in relation to a possible certifiu to of pnrtici pa tion progrm for the development of a commercial project. Staff report by Linda Daniels, Senior RDA Anelyat. COBS-38 Gary Renter, 689 floserood, San Dimas, stated be rea prevent to respond to i queatione. Chairman Mike la opened the meeting for public comment. Theta being no response, Che meeting rae closed co further public comment. NOTION: Nwed by Mikela, seconded by Buquet Co approve the Omer Participation Agrement for Gary Ranter. Motion carried 4-0-1 (Ring abae¢t). w w + w + w (7) 3D. INDOCEMENT RESOLOTION - GARY RANTHfl 6 ASSOCIATES - Approval of an Inducement Reao luti on Eor a commercial project by Gary Rao[er aad Foothill Property in the amount of $3,500,000.00 fora potential Redevelopmeet Ageacy Certificate Progrm. Title of Resolution ras read by Secretary, Lauren M. Wasserman. RESOLPfION N0. RA 85-06 A RESOLOTION OP THB REDSPSLOPMENT AG@ICY OP TH8 CITY OP RANCHO COCAMONCA, CALIFORNIA, ISDI CATIIIG ITS llfTBNT TO PROVIDE FOB THE ISSDAHCS OP OBLIGATIONS AHD THH IPSTALLIffiIT SALE FINANCING OF A COMMERCIAL PR0.IECT EY RARTSR AND POOTRILL PROPERTY MOTION: Moved by Dahl, seconded by Suquet to adopt Reanluti o¢ No. NABS-06 add waive full reading. Notion carried 4-0-1 (Riog abase[). w w w w w w 4. ADJOORNNEIIT MOTION: Moved bq Dehl, seconded by Buquet to adjourn the meeting. Notion carried 4-0-1 (Ring absent). The meeting adjourned st 7:32 p. m. ,Reapeccfully submitted, Beverly A. ~thele Aeeialan[ Secretary April 17, 1985 CIYY OP RANCHO CDCAMONGA CITY CODNCIL MINOTES He¢ulsr Meet in¢ 1. CALL To ORDER A regular meeting of the Ci [y Council of the City of Rancho Cucamonga, Califor- nia, met on Nednesday, April 17, 1985, in the Lions Park Community Center, 9161 Base Line Road. The meeting mae called to order at 7:50 p.m. by Mayor Jon D. Mikele. Present were Councilmembers: Pamela J. Wrigh [; Cherl ea J. Buquet II; Richard M, Dahl; and Mayor Jon D. Mikele. Also present were: City Manager, Lauren N. Was sermon; City Clerk, Beverly A. Au[hel et; Cily Attorney, James Markman; deeie[ant to the Cicy Manager, Robert Rizzo; Community Development Director, Jack Lam; City Plannez, Hick Gamex; Se- nior Plaenere, Dan Coleman snd Otto Eroutil; City Engineer, Lloyd Bubbs; Commu- nity Services Director, Bill Holley; end Finance Director, Barry Empey. Absent: Councilmember Jeffrey Ring, mho vas out of tome on bus ineee. Apprwal of Minutes: Motion: Moved by Dahl, seconded by Buque[ to approve the minutes of February 20, 1985; March 20, 1985; snd April 3, 1985. Motion car- ried 4-0-1 (Ring Absent). • # a + i 2. ANNODNC@f8NT8/PeESBNTATIONS 2A. Thursday, April 18, 1985, 7:30 p.m. - PARR DEVELOPMENT COlD4ISSION, Lions Park Community Center. 28. Wednesday, April 24, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Com- munity Center. 2C, Thursday, April 25, 1985, 7:30 p.m. - ADVISORY COMMISSION, Librsry Confer- ence Room. 2D. Preeentetion of Proc lama[i on co®ending Steve When Clay for his contribu- tions [o the Alta Lama Flood Control Channel. 2E. City Nenager, Lauren Wasaermss, requested item 6E be added [o the City Man- ager's Staff Beporta - Bequest from Lemi• Eames. s • • + 3. CONSENT CALEItDAR Mr. Was aermen requested Chet i[ema "I" and "J^ be removed from the Consent Cal- endar. They mill <ome back et aeother time. Councils Oman Nright requested item "P" be removed for din suasion. 3A. Apprwal of Warrants, Register No'a. 85-04-17 and Payroll ending 3/31/85 for the total amount of 879,021.46. 3B. Alcoholic Beverage Application No. AB 85-06 for Off Sale Beer S Wine Eating (I) Place License, 9haban e. Reboud, 9124 Foothill Boulevard. 3C. Fotmerd Claim (CL ES-11) against the City by Ray E, Guth, auto accident oD (2) December 25, 1984, on 19th Street. City Council Minutes April 17, 1985 Page 2 (3) 3D. Fozward Claim (CL 85-12) against the City by James L. De aeon, claim for indemnity (See CL 84-14). (r) 3E, Releaee of Honds: 7th 3[reet et Center - Owner, California Fi niehed Me to le, Inc. Faithful Performance Bond $34,000.00 (5) Pazcel Mao 8280 - Located at the southeast corner of Mellmaa Avenue avd Ar- row; owner, InterMe[ro Industries Corporation. Accept: Maintenance Guarantee Bond S 9,615.00 Releaee: Faithful Performance Bond $96,150.00 (6) Parcel Mao 7061-1 - Located east of Cleveland and south of 6eh Street; caner, Rainer Development Company. Monumentation Bond S 1,650.00 RESOLUTION N0. 85-117 A RES OLOTION OP THE CITY COONCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING TIIE POBLIC IMYROYENENTS FOR 7TR STREET AT CENTER AND A01710RI2ING THE PILING OP A NOTICE OF COMPLETION FOR THE NORR RESOLUTION N0. 85-118 A RESOLUTION OF THE CITY COONCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PO BL IC IMPROVEMENTS FOR PARCEL MAP 8280 AND AOTHORIZ INC 'fHE PILING OF A NOTICE OP COMPLETION FOR THE NORR (7) 3F. Apprwal of Engineering Services Contract Change Order No. 3 for Archibald Avenue Reconetruc:i^n end ^_verlay between 4th Street and Baseline Rae d. The total amount for the contract inczease is $10,400.00, C.G. Engineering (CO 85-16) (8) 3G. Apprwal of award of contract for the construction of a Traffic Signal at 6th Street and Archibald Avenue [o the lowest, responsible bidder, Anelite Cor- poration for the bid amount of $66,000.00 plus lOx contingency for 572,600.00 to be funded from Systems Devel opmen[ and/or Cae Tax funds. (9) 3H. Approval [hat the Engineering Design Services Agreement for the purpose of preparing a preliminary design report for Grwe Avenue Rehabilitation, Widening 6 Signal Modif icati one from 8th Street [o Poothill Boulevard be completed by L. A. Nainecoc[ A As evciatea, foz the amount of 513,300.00. (10) 3I. Item re•o~ed - to ewe back at a later time. Apprwal of professional ser- vices for eoi le and meteria le to et ing for Alte Lwa Storm Drain Channel (Ae easement District 84-2) with Pioneer Coneultante for an amount not to esceed $50,000.00. (11) 3J. Item rsoved - to come back ^t a Lter tix. Apprwal of Cone[ructi on Staking Agreement for Alta Lome Storm Drain Channel (Assessment Diet ric[ 84-2) with Aasoci aced Engi nears for av amount not to esceed $75,000.00 (12) 3R. Apprwal [o close certain Trust Accoun [e and transfer other Trust Accounts [o the General Fund. (17) 3L. Appr wel [o release $2500.00 ce ah deposit to Nilliem Lyon Company for model home sales off i<e, permit #RC-038. City Council Ni notes April 17, 1985 Page 3 3M. Approval to appropriate $5,902.00 for building modif icatione, to ellw tom- (14) pletion of facility improvements in city offices unit 9330 A-E Haee Line. 3N. Approval of Agreement be treen Che City of Rancho Cucamonga and [he County (15) of San Hernardivo for the recrea[i onel use of the Cucamonga Creek avd Demena Creek Flood Co¢trol ri gh[ of rays. 30. Apprw al of ere cation of Orner Participation Agreement 85-01, by and be- (16) [wean [he City of Rancho Cu camonge and Ranter and Poothill Property in relation to a possible aeaesement district for off-ei to improvements for [he development of a commercial project. 3P. I[ts rdoved for disenu ion. Set public hearing for Nay 1, 1985, for ap- (17) peal of Planning Co®ia ei on de cieion apprw ing Env iro~ental Ae aesemen[ a¢d Tentative Tract 10349, Anacal. 3Q. Se[ public hearing for May I, 1985, for Enviro¢meatal Aa eeeement and Terra (18) Viota Development Plan Amendment 85-03, [o cha¢ge hospital Iota [ion, Lev ie. 3R. Se[ public hearing for Nay 15, 1985, Eoz appeal by Video Zone of the Plan- (19) Wing Commission's interpretation of the Sig¢ Ordinance and direction to proceed rith enforcement after a ten day time period in which [o comply. MOTION: Moved by Huquet, seconded by Dahl [o appr we the Coneen[ Calendar mi- nus items "I", "J", and 'R". Notion carried 4-0-1 (Ring absent). xee~ Die cues ion of item P: Bet public hearing for May 1, 1985, far appeal of Plan- (17) Wing Commission decision apprw ing Env ironmentel As eeeement and Tanta [ive Tract 10349, Anaca 1. Councilwomen Nri ght stated she pulled th ie since many residents were present because [hey though[ it was going to be di etas eed Conigh C. She wanted to try to get this resolved by directing the developer to meet with the reei dente before fhe public hearing. She felt that if the City instructed the developer to meet, i[ might help since the developer felt Chat everything was okay. Councilman Buquet felt [he Mayor should draft a letter to the developer explaining the Council's concerns and that this matter should be discussed with an attempt at a reeoluti on before [he public hearing. Councilwoman Nzi ght felt this vas the came intent and she had no pz obleme ri[h the suggestion. Councilman Oahl stated he felt staff should set up the meeting, but not he pre- sent. Neyor Hikele asked iE anyone was present who thought the item would be dis- cuesed this evening. There was ^o response. MOTION: Moved by Nrigh [, ee conded by Buquet to have the Mayor draft a letter to [he developer reque et ing him to meet rich the residence before [he Public Nearing on Nay 1, 1985. Motion carried 4-0-1 (Ring absent). e : ~ : x 4. ADVERTISED POBLIC HEARINGS 4A. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEN 85-01 - TAC DEVELOPMENT - (20) The development of a senior citizen housing project totaling 168 apartment unite on 4.75 acres of land in the Medium Residential District (proposed Sigh Residential/Senior Houe ing Overlay District) to be located on the vest aide of Amethyst, nor CL of 19th S[r set - APN 201-232-24. 3[aff report by Dan Coleman, Senior Planner, City Council Minutes April 17, 1985 Page 4 Nay or Nike la opened the meeting for public hearing. There being no response, the public hearing wee closed. City Clerk Authelet read [he title of Re eolu[i on No. 85-119. RESOLUTION N0. 85-119 A RESOLUTION OF THE CITY CODNCIL OP THE CITY OF RANCHO COCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 85-01 60CATED ON THE WEST SIDE OF ANEIHY5T, NORTH OP 19TH STREET, IN THE HIGH RESIDENTIAL DISTRICT NOTION: Mw ed by Dahl, ee conded by Huquet [o adopt Resolution No. 85-119 and waive full reading. Motion carried 4-0-1 (Ring absent). x x x x x x 21) 4B yaLVYMENT - A Development Dietz ict Amendment From Hedium Residential (4-14 du/ac) to High Residential (24-30 du/a c) and Senior Housing Overlay District for a senior citi ze^ apartment project on 4.75 scree of land located on the west aide of Amethyst, nor [b of 19th Street - APH 201-232-24. Staff report by Dan Coleman, Senior Planner. Mayor Nike le opened the meeting for public hearing. There be i¢g no response, [he public hearing was closed. Ci [y Clerk Authelet read the title of Ordinance No. 255. ORDINANCE N0. 255 (second reading) AN ORDINANCE OF THE CITY COONCIL OP THE CITY OP RANCHO CDCAMONGA, CALIPORNIA, BEZON ING ASSESSOR'S PARCEL NDMBER 201-232-24 LOCATED ON THE WEST SIDE OF ANETHYS T, NORTH OF 19TH STREET, PROM MEDIDM RESIDENTIAL TO HIGH RESIDENTIAL AND SENIOR HOIISING OVERLAY MOTION; Moved by Dahl, seconded by Buque[ [o waive full reading of Ordinance No. 255. Motion carried 4-0-1 (Ring ebeeat). NOTION: Nov ed by Wrigh [, seconded by Dahl [o adopt Ordinance No. 255. Motion carried 4-0-1 (Ring absent). x R x x x x (22) 4C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - TAC DEVELOPMENT - A Development Agreement be [wean [he City of Rancho Cucamonga and TAC Development Corporeti on regarding a Senior Citizen housing project to be located on the vest aide of Ame [hyat, nor eh of 19th Street - APP 201-232-24. Staff report by Dan Coleman, Senior Planner. Mayor Hikele opened the meeting for public hearing. There being no response, the public heeri ng was cl need. City Clerk Authelet reed the title of Ordinance No. 256. ORDINANCE N0. 256 (second reading) AN ORDINANCE OP THE CITY COONCIL OP TEE CITY OP RANCHO CDCANONGA, CALIPORNIA, APPROVING A DEVELOPMENT AGRE@ffiNT BE- TWEEN THE CITY OP RANCHO CDCANONGA AND TAC DEVELOPMENT COR- PORATION Ci [y Council Minutes April 17, 1985 Page 5 MOTION: Mw ed by Dahl, sec onded by Buque[ to waive full reeding of Ordinance No. 256. Mo[i on carried 4-0-1 (Ring absent). MOTION: Nov ed by Buque t, seconded by Nrigh[ to adopt Ordinance No. 256. Mo- tion carried 4-0-1 (Ring absent). x x x x x x 4D. COMNONITY DEVELOPMENT BLOCK GRANT APPLICATION PISCAL YEAR 1985/86 FINAL (23) STATEMENT OP COlOIUNITY OBJECTIVES- Coneiderati on of Final S[a cement of Communi- ty Obj act ivee for the 1985/86 Coavnuni[y Development Block Grant Program. Staff report by Otto Rr outil, Senior Planner. Mayor Hike le opened the meeting for public hearing. There being no response, the public hearing roe closed. City Clerk Authelet read [he title of Re eoluti on No. 85-120. RESOLDTION N0. 85-120 A RES OLIITION OP TBE CITY COUNCIL OF TEIF. CITY OP RANCHO COCANONCA, CALIPORNIA, ADOPTING THE FINAL STATEMENT OP COM- MUNITY OBJECTIVES AND SELECTlliG PROJECTS FOR FUNDING FOR THE COlMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1985/86 MOTION: Roved by Buque[, seconded by Dahl [o adopt Resolution No. 85-120 and waive full reading. Motion carried 4-0-1 (Ring abeent). x x x x x x 4E, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 85-01 - An amend- (24) went to the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, regarding Mae[er Plane. Staff report by flick Gomez, City Pl anoer. Mayor Nike le opened the meeting for public bearing. Theze being no response, the public hearing vas closed. Ci [y Clerk Authelet read the title of Ordinance No. 259. ORDINANCE N0. 259 (fire[ reeding) AN ORDINANCE OP THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, SECTION 17.20.030 OF TEE MUNICIPAL CODE, REGARDING MASTER PLAN REQUTAElIENTS NOTION: Nwed by NriBh t, seconded by Buquet tc waive full reading of Ordinance No. 259. No[i on carried 4-0-1 (Ring absent). Mayor Mike le set second Leading of Ordinance No. 2:9 for Hey 1, 1985. x x x x x x 4F. NON-EACLOSIVE PeANCHI3E3 TO OPERATE CABLE TELHVISION SYSTEMS ZN THE CITY OP (25) RANCHO COCAMONGA - The City Coun oil rill be considering grand ng three non-exclusive franchisee [o operate CATV ay stems in Rancho Cucamonga to Sca [t Communicati on e, DCA Ceblev iaion, and Deni ale 6 Ae eoci aces, Inc. Staff report by Kober[ Rizzo, Aa eie cant [o the City Manager. Carl Pilnick, Ci ty'e coneul[an[ from Teleco®unica ti one Corporation, ate tad that Dani ale 6 Associates (Acton) had wi[hdr awn a[ the last minute. He then went war the agr eemente which would be Fifteen year fren<hiae s. City Council Minutes April 17, 1985 Page 6 Mr. Pi to ick introduced Jim Monroe of DCA Corporation and C1 ay [on Graham from Scott Corporation. Mayor Mi ke la opened Che meeting for public hearivg. There being vo response, the public hearivg was closed. NOTION: Moved by Buque[, seconded by Dehl to approve the Non-Exc Lue ive Franchises to DCA Corporation evd Scott Corporation. Motion carried 4-0-1 (Ring absent). x x + * • ~ (26) 4c. Staff report by Lauren Wasserman, Neyor Mike le opened the meeting for public hearing. There being no response, [he public hearing was cl oeed. City Clerk Authelet read the title of Resolu[i on No. 85-121. RESOLUTION N0. 85-121 A RESOLUTION OF TNR CITY COUNCIL OP TA6 CITY OF RANCHO CDCAMONGA, CALIFORNIA, ORDERING 171E WORR IN CONNECTION KITH ANNERATION N0. 9 TO STRRET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING TN& FINAL ENGINEER'S REPORT POR TBACT NOS. 12362, 12621, 12091, 11781, 11625, 12525, 12739, 12740, 12741 AND 12772-1 MOTION: Hw ed by Dahl, seconded by Buquet to approve Resolution No. 85-121 and waive full reading. Motion carried 4-0-1 (Ring absent). City Clerk Authelet read [he title of Reeoluti on Nv. 85-122. RESOLUTIOR N0. BS-122 A RESOLOTION OP THE CITY COUNCIL OP THE CITY OP RANCHO COCAMONGA, CALIPORN IA, ORDERING THH WORK IN CONNECTION KITH ANNERATION NO. 7 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING THE FLNAL ENGINEER'S REPORT POR TRACT NOS. 12621, 12772-1, 12525, 12739, 12740 AND 12741 MOTION: Moved by 8uque t, seconded by Wright to adopt Resolution No. BS-122 and waive full tea di ng. Motion carried 4-0-1 (Ring absent). ~ ~ k + : (27) 4e ~nauacarn nniN1'ENANGE DISTRICT N0. 1. Staff report by Lauren Wasserman, City Manager. Hayor Mikele opened Che meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 85-123. City Council Minu[ea April 17, 1985 Page 7 RES OL DTION N0. 85-123 A RESOLOTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE HOAR IN CONNECTION KITH ANNERATION N0. 22 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING 1HE FINAL ENCIN EER'S REPORT POR TRACT NOS. 12525, 12539, 12540, 12541, 11781, 12772-1, 12621, 11625, 12362 AND 9539 MOTION: Mw ed by Buque[, seconded by Nright to adopt Resolution No. 85-123 and vaive full reading. Motion carried 4-0-I (Ring absent). w w x + 5. NON-ADVERTISED HEARINGS SA. ORDINANCE PERTAINING TO THE CONSUNPTION OF ALCOHOLIC BEVENACES IN PUBLIC (28) PLACES. Staff report by Lauren Naseerman, City Manager. Mt. Naeee zman stated Chet [he Chamber of Commerce had eapreesed concern that this might cause some problem with activities by [he Chamber euch ae Mi:ere. Perhaps re could include a prw iei on to issue ape ciel permits. Mayor Mike is opened the meeting for public inpue. Addr see ing Council rare: Todd flailey, student at Etivanda High School, ezpreased he was in favor of [he Ordinance. Seffery Sceranka asked for a definition of a public place and rould shop- ping centers be considered private property? Mr. Markman, Ci [y Attorney, responded that we did not go after parking lots of shopping centers. Thin ordinance vas directed [ward the problems on [he streets. Carolyn Tucker felt that we rould be using this eelec lively end vas opposed to this. Philip Yenovki an e:preseed support for the ordinance. There being no further public response, Mayor Mikele cl oeed the meeting. Mayor Mikele sugge eted that the Sheriff i¢dice to the instances in vhich this lax hoe been enforced io the Quarterly Report eo re can get a handle on hw is ie being oeed. Monitoring [hie will be the only vay to understand hw it ie going Co operate in practice. City Clerk Authelet read the title of Ordinance No. 251. ORDINANCE N0. 257 (second reading) AN ORDINANCE OF THE CITY CODNCIL OP THE CITY OP RANCHO CDCAMONGA, CALIFORNIA, ADDING A NEN CHAPTER 9.16 TO TITLE 9 OF THE RANCHO WCANONCA MUNICIPAL CODE PERTAINING TO TEE CONSiIHPTION OP ALCOHOLIC BEVERAGES IN PUBLIC PLACES MOTION: Mwed by Nright, seconded by Dahl [o vaive full reeding of Ordinance No. 25J. Ho[i un carried 4-0-: (Ring absent). MOTION: Moved by Buque t, seconded by Nright [o adopt Ordinance No. 257. Mo- tion carried by the foLlwing vote: AYES: Wright, Buquet, Mikele NOES: Dahl ABSENT: Ring City Council Minutes April 17, 1985 Page 8 ACTION: Direction [o [he City At tosney [o draft av amendment Co Ordinance No. 257 [o include a ape vial events permit proce ea. Mr. Markman responded he would draft a^ ordinance aiming at structural organi ze ti onel ev enie vhich should be tree [ed ae exceptions. Ne will attempt to get an ordinance circulated to the Council before the next meeting. • ~ ~ t + (29) SH. OEDINANCE NECULATING THE USE OF ALCOHOLIC BEVERAGES IN CITY PARRS. Staff report by James Markman, City Attotoey. Mayor Mikels opened Che mteting for public hearing. There being no repo onse, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 258. ORDINANCE N0. 258 (second reading) AN ORDINANCE OF THE CITY CODNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 12.04.0108 OP CHAP- TER 12.04 OP TITLE 12 OP THE RANCHO COCAMONGA MUNICIPAL CODE REGULATING THE USH OP ALCOHOLIC BEVERAGES IN CITY PARRS NOTION: Moved by Nr igh [, seconded by Dahl to waive full reading of Ordinance No. 258. Motion carried 4-0-1 (Ring absent). MOTION: Moved by Dahl, seconded by Buquet [o adopt Ordi Dance No. 258. Mo[i on carz ied 4-0-1 (Ring absent). ::+<x Nay or Mikels called a recess a[ 9:15 p.m. The meeting recam.ened at 9:45 p.m. with all members of the Council present eacept Councilman Ring who was out of town. **Rt4 • • f fi 4 fi (30) SC. ORDINANCE ADJUSTING CITY COUIPCIL SALARIES - Effective November 1986, after next municipal election. Staff report by Lauren M, Vasaerman, City Manager. Mayor Nikele opened [he meeting for public hearing. Mayor Nikele noted that Council had received a letter in oppoeiti on from Jemea Frost. There being no further public response, Mayor Mike le closed [be public hearing. ACTION: Coun til concurred Ca continue item to Juoe 5, 1985 meeting. ORDINANCE N0. 260 (f irat reading) AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCANONGA, CALIPORN IA, AMENDING CHAPTER 2.16 OF TIIE RANCHO COCAMONGA MUNICIPAL CODE AND THEREBY ADJUSTING COMPENSATION FOR MEHHERS OP THE CITY COUNCIL r ~ ~ x + 6. CITY MANAGER'S STAFF REPORTS (Ji) 6A, CONSIDERATION OF TASR FORCE FINDING ON AMBULANCE SERVICE3 - Continued to May 1, 1985 meeting. Mayor Nikele asked if anyone was present who had come to addr ese Chis icem. There was no response. Ci Gy Council Mi notes April 17, 1985 Page 9 ACTION: Continued [o Nay 1, 1985. www+f,• 6B. REDDEST FROM AMERICAN YOOTH SOCCER ORGANIZATION FOR PARTICIPATION IN DEYEL- (32) OPMENT OF REMAINDER OP BERYL PARR. Staff report by Lauren Weeeerman, City Man- ager. Sa¢dy Oerly> of AYE O, went war the adv as[agee of having four fiel de i^ one location. Mr. Wae eexma¢ elated that [hie would provide primary use [o ASYO, but during Che summer it would be used by others. ACTION: Council directed that an egreemen[ be deaf led far the Parke Commis- sion's review. • ~ + ~ ~ x 6C. MPI30RY COEDIT SSION~S RECOMMENDATIONS REGARDING CAMPAIGN FINANCING POR CITY (33) ELECTIONS. Staff report by Robert Rizzo, AB ei slant [o the City Manager. Mayor Mikele opened the meeting for public input. Addressing Council was: Jim Ba¢ka, Chairman of the Adv ivory Commission, eta led [hey wanted to add etr ict er requi remen[e to larger toner ibut or s. There being no Further public input, the meeting wee closed. MOTION: Moved by Wright, seconded by 8uquet to [able the item until June 19, 1985 when Councilman Bing should be back. Motion carried 4-0-1 (Ring abeest). # * • • R e 6D. LAND OSE REC0I41ENDATIONS 8Y ADVISORY COMMISSION. Hr. Weeaerman stated that (74) because of [he complezity of the issue, this should be referred to the Pleasing Commieei on for study. James Backe, Chai man of the Adv iaory Co®isaion, eteted [hie was fine. It was their opi¢i on that bo[6 the City Council and Planning Commieei o¢ eh Quid received [hie. ACTION: Council concurred to refer to the Plenni¢g Cwmmie6i on for study wi[6 item to come beck to Council on Hay 15, 1965. • + x ~ f Added i[e>r: 6E, CONSIDEBATION OP COOPERATIVE AGRE@IENT WITN THE COONTY OF SAN (75) RunES. Staff reporC by Jeck Lam, Community Development Dt rector. Addr eeei ng Council from Lewis Romer was John Goodman who reque sled Council con- sider adoption of a Coapere live Agreement in order [o carry cut a multi-family bond program. Mr. Goodman agreed to do whe [ever they could to limit the Sec- tion 8 people in order to keep the pr ogr® going forverd. Mayor Mikele opened the meeting £or public input. Addressing Couocil was: Ci Cy Council Mi notes April 17, 1985 Page 10 def Fery Sce raaka eta tad it was his unde rs[andi ng that you could oat limit Section B epplicatione on any project as long ae the re n[ ranges were xi[h- in the criteria. The developer cannot restrict th oee numbers of people xho come into hie project. He cennof eey only 25f can be Section 8. The only xay legally to preveo[ Section 8 From being used is to have rent levels higher [h an [he Section B criteria allwe. The only reeol uti on [o the problem ie to Lave en agreement xi[h [he developer that says he pill eaCnb- liah rent rates xithin the proj ec[ ac a certain percentage. There being na fur tLer public input, Mayor Mikele closed [he IDeeti ng. ACTION: After considerable discussion regarding [he Sec[i on 8 requirements and Lop ch ie vouLd impact [he City, Council took no action. ~ x r : ~ + 7. COBNCIL BOSINESS (36) 7A. APPOINTMENTS ON HISTORIC PRESHRVATION COIBNISSION AND PARR DE9ELOPMENT COM- MISSION ACTION: Council deferred Caking action until Caunci laian Ring returns. ~ a ~ ~ x 8. ADJOD&7MEt1T MOTION: Noved by Dahl, seconded by Buque[ to adjourn to a Cl oeed Bession in order to discuss pending litigation agai net LAPC. Motion carried 4-0-1 (Ring absent). The mee [i ng edj ourned at 11:12 p.m. in memory of Aarry Lanham, Build- ing In epector, xho pas sad axay on Monday, April 8, 1985. Res pec[fully submitted, r ~~:<~ ~!y ( ~ «t ,C..C. ~ I Beverly A. Authelet City Clerk