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Home My WebLink About1985/06/05 - Agenda Packet~ ~~cn.ttp ~, ' ~+. c Ql'1' OF LL _ T CITY COLJ:~ICIL F 0 AGEti'il~ 'J > 1977 Lions Park Communi Cy Cen[er 9161 Bsee Line Road Reocho Cucamoogs, CQ ifornia Juue 5. 1985 - 7:30 o.m. All items anbmitted for the Ciq Council Agenda must be in muting. The deadline for submitting these ites is 5:00 p.m, w the Yedmnday prior to the meetimg. The Ci t7 Clerk'• Off its ceceimea all amc6 iteY. 1. CALL TO ORDII . A. Pledge of Allegiance to Flag. R. Roll Call: Mright _, BuqueC _, Mike is _, Dahl ~, and Ring _. C. Approval of Minutes: None 2. Atg00l•CB7061T8/PR68ERATIOgB A. Thursday, June 6, 1985, 7:00 p.m. - NI9TORIC PRESERVATION COMMISSION, Lioma Park Community Center. 8. Nednesday, June 12, 1985, 7:00 p.m. - PLANNING COl01I9SION, Lion^ Perk Commuo ity Center. C. Thursday, June 20, 1985, 7:70 p.m. -PARR DEVELOPMENT COMMISSION, Lions Park Community Center. D. Presentation of Service Amarde - Historic Preaervati on Commie ei an. Eugene Billing^ Ada Cooper Maxine Strene City Couvcil Agevda _2_ Juve 5, 1985 • 3. CO~B)DS CII.BBIDI! She follwimg Cwaev[ Calendar ites are espected to be rvative amd nw-eontrweraial. TheF mill be acted apw by [he Cwneil at we Time mithwt diarnuiw. A. Apprwal of Narrants, Register No"e. 85-06-OS and Payroll evding S/26/85 for the total amount of 459,108.09. I B. Alcoholic Beverage Appl i<ati ov No. AB 85-08 for 0o-Sale Beer d Wine Eating Place License, Edmard Flaherty, 8463 6 Haven Avenue. C. Forward Claim (CL 85-13) against the City by Glenn g Porker, pereoml injuries on Pebrua ry 12, 1985 a[ the intersection of Arth ibald and Bsvyav. D. Apprwal of Parcel Map 6%2, Agreement avd Bonds L1 , located on [he nor [h •ide of Yicara Crive, vest of Jasper, ^ubm i[ted by Willie J. Roth. RESOLUTIOM N0. 85-154 L7 A RESOLUTION OF TEE CITY CODNCIL OP TEE CITY OF RANCHO CDCANONGA, CALIFORNIA, APPROVING PARCEL NAP 6%2, 2MPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY E. Apprwal of Parcel Nap 8648 and Reel Property 18 Improvement Contract and Lien Agreement, loco [ed on the noz[hweet corner of Rochester Avenue avd 8th Street , submitted by Lincoln Property Company. RESOLUTION N0. 85-155 24 A RESOLUTION OF TEE CIT4 COURCIL OF THE CITY OP RANCHO COCAMONGA, CALIFORNIA, APPROVING PARCEL NAP 8648 (TRNTATIVB PARCEL IIAP N0. 8648 BESOLDTION N0. 85-156 GS A RESOLDTION OP THE CITY CODNCIL OP THE CITY OF RANCHO CDCAMONGA, CALLPORl1IA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AG REF2IENT FROM LINCOLN PROPERTY COMPANY POR PARCEL NAP 8648 AND AOTEORIZING TH6 MAYOR AND CITY CLERIC TO SIGN TER SAIe Ci [y Council Agenda -3- June 5. 1985 P. Approval of Parcel Nap 8891 to<ated on the seat aide of Rochester Avenue, aouth of 7th Street, submitted by Sohn Garasich. RESOLUTION N0. 85-151 A RES OLOTION OF THE CITY COONCIL OP THE CITY OP RANCHO COCAMONGA, CALIFORNIA, APPROVT,yG PARCEL MAP 8891 (TENTATIVE PABL'EL MAP N0. 8891) G. Approval of Tract Roe. 12028, 12029, 12030 and 12031, Improvement Agreement, Improvement Security, and Final Maps, located on the south aide of Church Stree [, see[ of Archibald Avenue, aubmi[ted by Ma zlbor ough Homes. RESOLUTION N0. 85-158 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO COCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECOBITY AND FINAL MAPS OF TRACT NOS. 12028, 12029, 12030, ANO 12031 (TENTATIVE TRACT NAP 11667) • H. Release of Bonds: Tract 12332-I Located on the sae[ aide of Haven Avenue aC the north City Limita; caner, G.H. Laba nd. Release: Impr ovemeot Security $300,000.00 (Gabor b Ma teriala) DR 83-10 - Located at the south east corner of 8th Street b Rochester Avenue; caner, Julius A Charlene Viane. Release: Impr wement Security $ 22,425.00 (Faithful Performance) REHOLOTION N0. 85-159 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RAN CRO CTICAMONGA, CAI.2FORN IA, ACCEPTING THR PUBLIC IMPROVEMENTS FOE DR 83-30 AND AOTHORI2INC THE F'IL ING OP A NOTICE OF COMPLETION FOR THE WORK 26 28 29 49 50 50 52 City Council Age ode -4- June 5, 1985 • I. Approval [o release Re imburaement Agreement for Street 53 and Drainage Improvement at Pooh ill Boulevard and Bel loon Avenue and Lieo reque eted by Lev ie Development Company far the improvement of Hellman Avenue at Foothill Boul ward. RESOLUTION N0. 85-160 j9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO COCANONCA, CALIFORNIA, RELEASING REIMBURSEMENT AGREEMENT AND LIEN POR STHEET AND DRAINAGE IMPROVEMENT AT FOOTHILL BOULEVARD AND HELLMAN AVENGE J. Approval of publ it improvements of Lemon Avenue from 60 flermoaa Avenue [o Haven Avenue end filing a Notice of Completion for the work. Release: Pai[hful Performance Bood: $137,223.00 Retention: S 15,752.17 RESOLUTION N0. 85-161 62 A RESOLUTION OF THE CITY COBNCIL OP THE CITY op RANCHO CUCAHONGA, CALIPORNIA, ACCEPTING • 1ME POBLIC IMPROVEMENTS £OR LEMON AVENBE AND ADTHORI2ING THE FILING OF A NOTICE OP COMPLETION FOR TIIE NORR R. Approval of Imprwemea[ Agreement aad Improvement 63 Security end Real Property Improvement Contract ao Lien Agreement Eor DR 84-48, located at the aortheaet corner of 6th S[zeet and Utica Avenue, suhm it tad by the Second R,D. Croup RESOLUTION N0. 85-162 74 A RESOLUTION OF TNB CITY COUNCIL OP THE CITY OP RANCHO COCAMONGA, CALIFORNIA, APPROVING INPROVElIENT AGREElOINT AND IMPROVEMENT SECURITY POR DEVELOPMENT REV IEN N0. 84-48 RESOLUTION N0. 85-163 75 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO COCAMONGA, CALIPORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT PROM TBE SECOND R.C. GROUP, A LIMITED PARTNEASB IP AND AOTHORIZ ING TEE MAYOR AND CITY CLERE TO SIGN TH6 SAME s~ Ci Cp Comcil Agenda -5- June 5, 1985 • L. Approval of Improvement Agreement and Improvement 76 Security for CDP 84-17, located at [he northeast corner of Baee Line and Archibald Avenue, submitted by Sycamore Invea[men[e. RESOLUTION N0. 85-164 83 A RESOLUTION OF TUE CITY COUNCIL OF THE CITY OP RAN CBO COCANONGA, CALIFORNIA, APPROVINC IMPROVEMENT AGREElD1NT AND IMPROVEMENT SECORITY POR CONDITIONAL OSE PERMIT 84-13 N. Approval of Improvement Extenai on Agreement, submitted 84 by Calvin and Rosemary Horgan for Parcel Map 7646, located on the south aide of Hil hide Raad between Carnelian and Beryl. RESOLUTION N0. 85-165 87 A REE OLOTION OF TBE CITY COUNCIL OF TRB CITY OP RANCHO COCANONGA, CALIFORNIA, APPROVING IMPROVEMENT ERTENS ION AGREEMENT AND INPROVElD:NT SECORITY FOR PARCEL MAP 7646 • N. Approval of Reimbursement Agreement for Pl caned 88 Drainage Facility Construction between Daoo Corpora[i on and the City of Rancho Cucamonga in conj unc[i on with Parcel Nap 6202. RESOLUTION N0. BS-166 92 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REINBURS FNENT AGREEMENT FROM DAON CORPORATION FOR PARCEL MAP 6202 0. Apprav al of Agreement for Ramona Avenue Improvements in 93 coaj unc[i on with Development Hev iev 83-17, aubm fitted by Mdr ew Barmakian. P. Appr oosl of Pipeline License between the Southern 98 Pecif is Trenspor cation Company and the City, in connection with Tract No. 12532, located east of Atch iba ld Avenue and south aE Victoria Street end also the approval of en Agr semen[ be [wean the developer, Archibald Ae anti atee and the City of Rancho Cucamonga. Ci ry Comcil Agenda -6- Sune ~, 1985 108 RESOLUTION N0. 85-167 A RESOLUTION OF THE CITY COUNCIL OP THE CITY Op RANCHO CUCANONGA, CALIFORNIA, APPROVING A PIPELINE LICENSE BETNEEN TBE CITY AND TEE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE INSTALLATION OF A STORK DRAIN PIPE BENEATH TEE RAILROAD TRACKS Q. Approval of Prof eeeioml Evgi veering Services Contract 109 Co R. Baughman S tisocia[ea for North Tao Phase IV Imprw emente for $15,345.00 plus a l0I contingency. R. Apprwal vE Professional Services Agreement for 138 Etiranda Area Drainage Plan 1-2, 2-1, 2-2 and 1-3 to Mille end Lill Ae eoc fated Engineers i^ the amount of $80,300 plus lOS con[inge ncy. 8. Apprwal of Profeaeioml Services Agreement for [he 157 preparation of reconstruction and reeurfaci ng of Vineyard Avenue from gage Line Road to Carnelian Street vi th Nildan Aa sociste• for an amount not to sassed 59,900.00 plus lOS contingency. • T. Apprwal of Prof ea aioml Services Agreemenee for Construction Staking end Soils A Natezia is Testing vi[h 171 AB eociated Engineers for 575,000.00 end Pioneer Coneul[an[s for SSO ,000.00, re ape ctiv sly, for Ae ceaemen[ Districe No. 84-2, Alta Lame Sc orm Drain. U. Ap prwel of a Conetructi on Contr ac[ [o Mathis 187 Env irocmen[el, Inc., in Che amount of 557,602, for the Beryl Park and Liona Park P1 ey Equipment Area Redevelopment Projects. V. Apprwal of a Revised Agreement be tveen [he Cucamonga 189 County Nater District and the City of Rancho Cucamonga for the 50-year lease of the proposed Cucamonga Creelu ids Perk. N. Appr wsl [o accept [he Bear Culc6 Park project ae l97 completed. RESOLUTION N0. 85-168 198 A RESOLUTION OF THB CITY COUNCIL OP THE CITY OP RANCHO CUCANOHGA, CALIFORNIA, ACCEPTING THE PUBLIC INPflOVEMENTB FOR THE EBAR GULCH PARR Pfl0]ECT AND AUTHORIZING THE FILING OP A NOTICE OP COMPLETION FOfl 1'H6 NOR[ c~ City Cou¢cil dgende -7- June 5, 1985 E. Approval to release T.O.P Bonds in the amounc of 199 SZ500.00 to Levi• Hwe9 For Model Hwe Sal ee office for Tract 9351. Y. Set public hearing for June 19, 1985, for appeal by Video Zone of the Planing Cwmieeion'e ins erpzeta [i on of the Sigo Ordinance and direction to proceed with enfor semen[ after a [eo day time period in which Co cwply. Z. Set public hearing for June 19, 1985 for the pr¢posed uae of the City's Ceneral Revenue Sharing Punde in rely [i on to the Piecal Year 1985-Bb City Budget. M. Set public heeri ng for June 19, 1985 for Env iro®emcal Ae aeeament aad General Plan Amendment 85-03. BB. Set public hearing Eor June 19, 1985 for Env iro®encal An ceeamenc and Deoel opme¢t Diatri ct Amendment BS-06. CC. Sec public hearing for June 19, 1985 for Eav iro®ental Aa aeeamep[ and Development District Amendment BS-OT, Rooyman. • DD. Set public hearing for June 19, 1985 for Reprogramming of unused 1983/84 8l oclc Grant foods [o the 1984/85 Nor [h Twn Street rec onetructi on project. EE. Set public hearing for July 3, 1985 for intent to Annea 200 Tract Noe. 12588 end 12028 through 12031 [o Landscape Hai ntenance Di e[r ict No. 1 a• Annexation No. 24. RESOLUTION N0. 85-169 206 A RESOLUTION OF TAE CITY COUNCIL OF TAE CITY OP RANCHO CDCAMONGA, CALIFORNIA, OP PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEEATION N0, 24 TO LANDSCAPE NAINTENMCE DISTRICT N0. 1 City Council Agenda -8- June 5, 1985 RESOLUTION N0. 85-170 207 A RESOLUTION OP TBE CITY COUNCIL OP THE CITY OP RMCHO COCMONGA, CALIFORNIA, DECLM ING ITS INTENTION TO ORDER THE MNEEATION TO LMDBCAPE MAINTEI7MCE DISTRICT N0. 1, AS ASSESSMENT DISTRICT: DESIGNATING SAID MNERATION AS MNERATION N0. 24 TO LMDSCAPE MAINTENMCE DISTRICT N0. 1; POHSUMT TO TEE LMDSCAPING MD LIGHTING ACT OP 1972 MD OPPEBINC A TINE MD PLACE FOR BEMINC OBJECTIONS THERETO FF. Set public hearing of July 3, 1985 for intent to Annez 211 Tract Noe. 12588 and 12028 through 12031 to Street Li gh[i og Maintenance Die[rict No. 1 ae Anneza ti on No. 11 end [o Sttee[ Lighting Maintenance Di atritt No. 2 es Annesation No. 9. RESOLOTION N0. 85-171 216 A RESOLUTION OP TEE CITf COUNCIL OP THE CITY OP RMCHO COCMONGA, CALIFORNIA, OP PRELININMY APPROVAL OP CITY ENGINEER'B • REPORT FOR LIGHTING MAINT ANNERATION N0. 11 ENMCE DISTRICT N0 TO STREET 1 . RESOLUTION N0. 85-172 ?17 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RMCHO CUCMONCA, CALIFORNIA, DECLMING ITS INTENTION TO ORDER THE MNEEATION TO STREET LIGHTING MAINTENMCE DISTRICT N0. 1, M AB SES BMENT DISTRICT: DEBIGNATING SAID MNEEATION AS ANNERATION N0. 11; PURSOMT TO TBE LM DSCAPINC MD LIGHTING ACT OP 1972 MD OPFERING A TIMB MD PLACE FOR HEMIRG OBJECTIONS THERETO RESOLUTION N0. 85-173 225 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RMCEO CUCMONGA, CALIFORNIA, OP PREL IMINMY APPROVAL OF CITY ENGINEER'S REPORT FOR MNERATION N0. 9 TO STREET LIG NTING MAINTEnMCE DISTRICT N0. 2 .~ Ci cy Council Agenda -9- June 5, 1985 RESOLUTION N0. 85-174 226 A RESOLUTION OP TBE CITY CODNCIL OP THE CITY OP RANCHO COCANONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEEATION TO STREET LIGHTING HAINTENAHCE DIB TRICT N0. 2, AN AS SESS!ffiNT DISTRICT: DES IGNAIINC SAID ANNERATION AS ANpEIlATION NO. 9; PURSDANT TO '1HE LANDSCAPING ARD LIGHTING ACT OP 1973 AND OPPERIpC A TINE AND PLACE POR BEARING OBJECTIONS THERETO 4. ADYRSISED PDtl.IC HEAtIN68 A. ENVIRONMENTAL ASSESSMENT .AND DEVELOPMENT DISTRICTS AMENDMENT 85-04 - OMENS - A request to amend the Development District Map from "L" (Lw Denei ty Residential) to "ISP^ (Indu atrial Specific Plan) - Induetrial Park for 2.5 acres of lend located on the sou chess[ corner of Archibald and Na in - APN 209-062-01 end 02. Item continued £rom May 15, 1985 meeting. • ORDINANCE N0. 262 (aecoud reading) 229 AN ORDINANCE OF TBE CITY CODPCIL OF TpE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AlD:NDMENT ES-04 AMENDING THE DEVELOPMENT DISTRICT HAP FROM "L" TO "ISP" FOR 2.5 ACRES OP LAND LOCATED ON THE SOUTREAST CORNER OP ARCHIBALD AND MAIN - APN 209-062-01 AND 02 B. APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE 230 PARCEL HAP 9084 - PORECAST MORTGAGE CORPORATION RESOLUTION N0. 85-175 286 A RESOLUTION OF YHE CITY COONCIL OF THE CITY OP RANCHO COCAMONCA, CALIFORNIA, APPIRNINC THE ACTION OP THE PLANNING COIOII39ION RESOLUTION N0. 85-69 (PARCEL MAP 9084) OR flEVERSING THE ACTION OP PLANNING COMMISSION RESOLUTION N0. 85-69 (PARCEL MAP 9084) City Council Agenda -10- June 5, 1985 C. FINAL _ENVIRONMENTAL IMPACT BEPOHT AND APPEAL OF ?BS PLANKING COMMISSION'S DECISION DENYING GENERAL PLAN AMENDMENT 84-OS-A - R A H INVESTMERTS - Appeal of P184ning Commisaian'a denial of a request to amend [he Laod Use Hap of [he General Plan from Lw Denaicy Residential (2-4 du/ac) to Medium Nigh Density Residential (14-24 du/ac7 for a 13.5 acre site located on the south aide of Fer oa, be cveen Turner and Ramona - APN 209-085-02, 03, 14. RESOLUTION N0. 85-176 3a9 A RESOLOTION OF TBE CITY COUNCIL OF THE CITY OP RANCHO COCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 84-03-A, e S fl INVESTMENTS D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AISTRICTS 350 AMENDMENT 85-0$ - CITY OF BA.YCflO CUCAMONGA - A Dev elopmeni Diacr i:t Amendment Er om Lw Residential (2-4 du/ac) to Office/Professional for 0.77 scree of land located et the aouihveet corner of Beee Line Road and Beryl Street - APN 208-593-10. • ORDINANCE N0. 264 (fire[ reading) 766 AN ORDINANCE OP TBE CITY COUNCIL OP TEE CITY OP RANCHO COCAMONCA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NU[~ER 203-593-10 LOCATED ON THE SOUTHNEST GOPHER OP BASE LINE ROAD AND BERYL STREET FROM LON RESIDENTIAL (2-4 DO /AC) TO OFPICE/PROFESSIONAL E. ORDERING THE NORH IN CONNECTION NITH ANNEHATION N0. 10 367 TO STREET LIGHTING MAINTENANCB DISTHICT N0. 1 POH AND ANNERATION N0. 8 TO STRHHT LIGHTING MAINTENANCE DISTRICT N0. 2 FOH TRACT NOS. 11897. 12801-1 AND 10035 AND 12590-1 THROOGR 6 AND ACCEPTING TflE FINAL ENGINEER'S REPORT RESOLUTION N0. 85-177 376 A RESOLUTION OP THE CITY COUNCIL OP TflE CITY OF RAN CEO CDCANONGA, CALIFORNIA, ORDERING THE NORR IN CONNECTION WITH ANNEEATION N0. 10 TO STREET LIGHTING MAINTENANCE DISTRICS N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 11897, 12801-1 AND 10035 AND 12590-1 TRROOGH 6 1, J City Council Agenda -11- Sune 5, 1985 HESOLOTION N0 85-178 381 . A RESOLUTION OP THE CITY COONCIL OP TEE CITY OP RMCHO COCMONGA, CALIFORNIA, ORDERLNG THE NORR IN CONNECTION KITH AHNETATION N0. 8 TO STREET LIGHTIeG MAINTENANCE DISTRICT N0. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT POR TMCT NOS. 11893, 12801-01 MD 10035 P. ORDERING THE NOR[ IN CONNECTION KITE ANN62ATION N0. 23 335 TO LMDSCAPE MAINTENMCE DISTRICT N0. 1 PO@ TRACT NOS. 11893. 12801-1. MD 10035 Al1D ACCEPTING THE PINAL ENGINEER'S REPORT RESOLUTION N0. BS-179 391 A RESOLUTION OF TBE CITY COONCIL OP THE CITY OP RMCHO COCMONGA, CALIFORNIA, ORDERING THE NOHR IN CONNECTION WITH MNEBATION N0. 23 TO LMDSCAPE MAIATLY7MCE DISTRICT N0. 1 MD ACCEPTING THE PIMAL ENGINEER'S REPORT FOR TRACT NOS. 11893, 12801-1 MD 10035 G. ORDERING THE NORR IN CONNBCTION KITH MNEIATION H0. 1 392 TO STREET LIGHTING MAINTEIiMCE DISTBICT N0. 4 (TERRA • VISTA PLMNBD COMMONIIR) MD ACCEPTING THE PINAL ENGINEER'S REPORT POH TRACT NOS. 12365 AND 12590-1 THROUGH 6 RESOLUTION N0. 85-180 399 A RESOLUTION OP THE CITY COONCIL OP THE CITY OP RMC80 CUCMONCA, CALIFORNIA, ORDERING THE NORR IN CONNECTION KITH MNEEATION N0. 1 TO STREET LIGHTING MAINTENMCE DISTRICT N0. 4 (TERRA VISTA PLMNBD CO14fONITY) MD ACCEPTING THE FINAL P79G L9EER'S RBYOBT FOR TRACT NOS. 12355 MD 12590-1 THROUGH 6 H. ORDERING THE NOHR IM CONNECTION KITH AMNEILITION N0, 1 400 TO LMDSCAPE NAINTENMCB DISTRICT N0. 4 (TERRA VISTA PLANNED COlOIOl1ITY) MD ACCEPTING THE PINAL ENGINEER'S REPORT POR TRACT NOS. 12365 AND 12590-1 THROUGH 6 .i r) Council Ageode -32- June 5, 3985 • RESOLPfION N0. 85-181 407 A RESOLOTIOE OP THH CITY COUNCIL OP THE CITY OP RANCHO COCANONGA, CALIFORNIA, ORDERING THE RORN IN CONNECTION NITH ANNEIATION N0. 1 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMNNITY) AND ACCEPCINC THE FIN AI. ENGINEER'S REPORT FOH TBACT NOR. 12365 AND 12590-1 THROUGH 6 5. NOF-ADYit2IBmD HHLLINGg A. REVIER OP PIRANCIAL PROGRAM POH PONDIRG OP DAY CHEEE 50R ARD ORDINANCE IMPLEMENTING THE COMMOHITY PACILITIES TAZ BATH - Item coat inued frog Nay 15, 1985 meeting. ORDINANCE N0. 263 (second reading) '475 AN ORDINANCE OP TEE CITY COUNCIL OF TEE CITY OP RAN CEO COCANONGA, CALIPORI7IA, ADTHORIZ IIIG THE LEVY OP A SPECIAL TAE IN A COlHRINITY PACILITIES DISTRICT • B. ADDITION OF A CRAFTER TO TEH RANCHO COCAMONGA MONICIPAL 479 CODE CONCERNING RESIDEIITIAL REFUSE COLLECTION - The e etablieh iug of criteria ieauing residential reface collection petmite. ORDINANCE N0. 265 (firs[ readiug) 480 AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OP RANCHO COCANONGA, CALIFORNIA, ADDING CHAPTER 8.17 TO TRR RANCHO COCANONGA MONICIPAL CODE CONCERNIAG RESIDENTIAL REPI3SE CDLLECTION 6. CIYY IWAGRI"8 SS1PP tQOIT'B A. ESTABLISHMENT OP VECTOR CORTBOL ASSESSMENT DISTRICT - 49-' Item continued from May 15, 1985 meeting. S. INDOCENENT 0.ESOLOTION P0E A PROPOSED SENIOR CITIZENS 495 APARTMENT DEVBLOPMENT POR TAC DEVELOPMENT IN TEE AMOONT OF 56.150.000. l Ci[y Council Agenda -13- June 5, 1985 BHSOLDTION N0. 85-181 497 A BESOLOTION OP THB CITY CODNCIL OP THE CITY OP RANCEO COCAMONGA, CALIFOHNId, INDICATING ITS INTENT TO PflOV IDE POE THE ISSDARCE OP OBLIGATIONS TO PROVIDE ASSISTANCE IN FINANCING A MULTIFAMILY RENTAL AODSING PROJECT C. CONSIDERATION OP COOPEEATIVB AGREEMENT KITH THE CODNTY 500 OF SAN BflflNA8DIN0 POB A MOLTI-PAlIILY HEIITAL HOUSING MORTGAGE FINANCE PROGRAM RESOLOTIOR N0. 85-1 H3 501 A RESOLOTION OP iH8 CITY COURCIL OP THH CITY OP RANCHO COCAMONGA, CALIFORPIA, ADOPTING A NOLTI-FAMILY RERTAL HODSIRC FIRARCE MORTGAGE PROGRAM IN COOPERATIOR KITH THE COONTY OP SAR BERNARDINO D. RECOMMERDATION PNOM CITY ATTORNEY REGARDIRG DflGERCY OBDINAIICE FOfl CONDDCT OF ADOLT BOSINHSSE9 • 7. COOICIt. W8I16B8 A. APPOINTMENTS ON ADVISORY COMMISSION 508 8. CONSIDERATION OF NATTER TO PILL VACANCIES OR THE 520 HISTORIC PRESERVATION COMMISSION 8. 1DJO0R~T Adjourn ca Thursday, Juoe 13, 1985, 6:J0 p.m., Neighborhood Cea[er, Pre-Budget meeting. 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The Claimant's name and address are as follows: Glenn Parker .i ~I 9720 Brilliant Lane Alta Loma, CA 91701 6 ~ 1, ~ 2. Notices concerning the claim Should be Sent to: i ~~~~ ail Weldon Diggs A Professional Law Corporation i 396 West Foothill Boulevard gi'~ Claremont, CA 91711 l0 VIII 3. Claimant was injured on February 12, 1965 at the 11 ~I intersection of Archibald and Banyon in the City of 1'L 'l Rancho Cucamonga. 11, 4. The circumstances giving rise to this claim are as • 1~,, i follows: li' Motor vehicle collison at the above-identified 161; intersection due to dangerous condition caused by I7~~.~ negligent installation, maintenance, and repair of said la ~I intersection including, but not limited to, excessive ~, fig, 1 growth of vegetation obstructing the view of the II 20 i parties and additionally obstructing the stop sign for •~1 eastbound traffic. ', m~~ 5. Claimant suff eced massive head injuries resulting in •l;; ~! coma, broken jaw, broken ribs, extensive facial I, ?1! scarring, and substantial hearing loss. ~'. 2.iil // // // // ~i 27 gal // // // // A l 6. Names of public employees causing claimant's injurie~ ~ are unknown to claimant at this time. 3 7. The amount claimed as of the date of presentation of y, this claim is $2,000,000.00. ~;~,I I, WELDON DI GGS, present this claim on behalf of the 8'~I claimant above-named. 7~ DATED this 17th day of MAY, 1985, ~t Cla[emont, Ca1lL Ornia. sI~ ;~ ~ ;' 9 ~' / ° j,, ~~,,,~, 10 '~~~I LDOH DIGGS A Professional Law!COr poration 11 'I ~_ 12 13 14 it • l.i 16 I 1 i 18' 19' •~0 ,, .,1 I >> .s 21i 'L.i ' 28 27 • 28 -2- 9 • 1,,~ DECLARATION OF PRESENTATION ~! 2i OF CLAIM BY MAIL (CCP Sec, 1-13a(1)) ~ 2' 1 ~~~ I am over the age of eighteen years and not a party to the li ~'~~'. claim affixed to this declaration. I am a citizen of the United ~~I g' States and a resident of San Bernardino County, California. My !, 7~, business address is 396 West Foothill Boulevard, Claremont, ~ B~, California, 91711. I presented the affixed claim by depositing ~i 8!.~, the original thereof i the United States Mail at Claremont, ~ 10!'~~ California, on this ~Eh day of MAY, 1985, at the United States + 11 ~' post Office in Claremont, California, in a sealed envelope with ~', 1 ~~',, postage thereon fully prepaid, with the name and address shown 1t3~' on the envelope as follows: • 1~' CITY OF RANCHO CUCAMON6A City Clerk, City Hall 1S 9320 Baseline Road Rancho Cucamonga, CA 91730 lh'~I, At the time of deposit, there was regular delivery by the ~, 1,~, United States Mail between the place of deposit and the place of~, ld address. 19~ I declare, under penalt of y perjury, that the foregoing is .~0 i I!, true and correct. ' 21 ~~ i DATED: May .1.0', 1985, at Claremont, California. ~~~' ?:3 i ~1'~~ ~_~_,i,e.~ /, ~_~, DIANE DALE 'i .~,~ i 26 zl I~ 28 /o l~1Tl.' /1C L] ~ \rn iT/l /~i'/r r \!/1\•!• STAFF REPORT GATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd 8. Huhbs, City Engineer BY: Barbara Kra11, Assistant Civil Engineer \\l /~t~. ,: a\ ~~} `. w=_ ~~ • SUBJECT: Rpproval of Parcel Map 6962, Rgreement and Bonds located on the north side of Vicara Orive, west of Jasper submitted by William J. Roth Parcel Map 6962 was tentatively approved by Planning Commission on August 26, 1981, for the division of 2.07 acres of land into 4 parcels in the Very Low (VL) Development District (2 du/ac). An agreement and security in the following amounts have been submitted to guarantee the completion of off-site improvements; Faithful Performance Bond 516,000.00 Labor & Material Bond B,OOO.o0 0.ECINMENBA7ION It is recommended that City Council adopt the attached resolution approving Parcel Map 6962, accepting the agreemeni and security and authorizing the City Llerk to cause said map to record. Res,9ectfully sub~itted, 7~ Atta ~nts ,7 r' // ~- \ \ .. Y Q RYMiI~ CuUNCNC> ~ (:IYI.T `I Y ^.y OCRFw~ ~~.r `°r' ~.~ TENTATIVE MAP PARCEL MAP N° 6962 wnv, reel ~:__yy T~\RRY NC H4ySLSi M\`.i n1• uu. r.r. ~,A~o~urr• ~RhN M 711• ~~r ~+'d'3.l 1 I f/~. Or ~11 ~dl .w~ K~.• y ~`__ 'ar~~vt. ~ ~ 1 t P, fd ~~. 3~+1Y N: 1~7 ~'•~ld ~ 1? ~ 1=':='~ l:p la ~ !Ra =ia~..l'I ,~';~ i,„ r~~ az aJ: in~n0 /1 CITY OF RANCHO LU[AM ONGA IMPR OYENENT AGR EEMENi FOR PARCEL MAP 6962 KNDw ALL REN BY THESE PRESE4TS: That this agreement is mado and entered into, in conformance ai ih Che prpyisians of the Municipal Code and Regalati ohs of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the Lity, antl tl" it >.. •-L. Here lJn after r_ferree co as the Oevelope~. THAT, MNERE AS, said Dere lover desires [o dev=lop cer[a1n real property in said City located on the north side of 'l icara Drive, west side of Jaz per; and MHE RFAS, said City has esta Dlisned certain re quiremen [s to he met by said Bevel over as prerequisite to grarting of final approval; and NOM, THEREFORE, it is hereby agreed by and be toeen the Li ty and the Bev el op er as follows: 1. the Bevel over hereby agrees tq construct at Be veloDer's expense all ivprovements describetl on page a hereof within twelve months /rum Che date hereof. 2. This agreement shall be effective an the date of the • resolution of Che Council of said City approving this agreement. This agreement shall be in default on the day follow- ing [he firs[ anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter prgvid- ed. 3. Tne Developer may request additional time in which to complete the provisions of this agreement, in wri ling no[ less than 30 days prior to the default date, and including a statement of circumstances of necessity for additional Live. In considera- tion o/ sucD request, the City reserves the right to review She ' provisions hereof, including construction s[an lards, cost estimate, and sufficiency of the improvement security, and to require adJ ustmen is thereto when warranted Dy substanti at changes therein. 4. I/ the Developer fails or neglects to comply with the pro vi stuns of this agreement, roe Ci[y shall have [he rf ght at any time fo cause safd provisions to be completed Dy any law- ful means, and [h ereupan tq recover from safd Be veto per and/or his Svr ety the full cost and expense incurred in so doing. 5. Lonstructign permits shall be obL ai ned by the Bevel- gper from the off5ce of the Ci[y Engi4e cr Drier to sL art of any work ei[hin the public right-of-way, and Lhe de vel oDer shall co ndv r.t such work in full compliance with the rvgu lotions ca nt ai ned therein. Non-compliance may result in slopping of the wo r'. by the Lity, and assessment of [he penalties provided. 6. Public right-pf-eay improvement work required Shall be constructed in conformance with approved improvement plans, Stan..i and Specifications, end Standard Drawings ana any special i3 u amendaen is [her¢to. Cons traction sha`1 ivclude any transitions and/or other incidental Bork de?mud necessary fur drainage or public safety. Errors or o-missions discpve~ed during cons'ruc- :ion shalt be corrected uvon the direction of the 'ity Engineer. Revised wort due ;v said plan nvdif ~ca'ions shad Se covered by the prpvi si ohs of this agr eeaen( any sec Bred the surety covering [he original planned vorks. by 7. Nark lone within exis H ~g s:ree is shall be diligent- ly pursued [o completion; the Ci[y shall have the right to cpmpi?(e any and ail work the event of vnj us;ified delay +n comple;ivn, and to recover a~in' cos! and ?rpense incurred from the DeVelpper dnd/nr hls COOtf aC;Jr SJ dny awfJl ^Ie 2n2. B. The 7evelaper shall b¢ resoJnsiSle for rev lace^,ent, relvcaa ons~ or removal of any conpo nest of any i rigativn cater system in conflict with the r¢gui rvd work to the satisfaction of [he City Engineer and the owner pf the water system. 9. The Developer shalt he ~espvnsi Sie for remv vat of all loose rack and ath¢r debris from (he pu]lic righ!-of-way. 10. The Developer shall plant and maintain parkway trees as directed by Che Lomm uni ty Development Director. 11. The improvement security tv he furM shed py the Developer (o guarantee cvmple tf on of the terms of (his agreement shall he subj ec[ to tM1< apprvv at p( the city Attorney. The prin- cipal amount of said improvement security Shall not ]e less than the amount shown: • • ~~ r • FgIiHF UL PEAF OR NA HCE Type: Sand ?rinciaal An.^,u n[: 516,000.00 Vane and aCd ress of surety: MATERIRL AND LAB OA Tree: Dond ?r;nc;Dal Amount: s s,DDa.DD Pane and address of sU re(y: CASH DEPOSIT NONVNE NTg710X TYP?: Principal Amount: f1, :00.00 game and address of svr ety: TO eE POSTED PpIDR TO ACCEPTANCE 81 THE CITY . ~r~ IN N[T YESf HEREOF, the parties hereto have caused these presents to be duly executed and acYnowl edge with all forna:ities required by law on the'~/dates set fort~hyap pD,o~s i/e [heir signatures. OaL~ ~. ~ ~!}S by//...i'~.v.__.~ /il '~C1_ OevoloPer ~t~na[u re Pn rated I Oite Dy Develop?r igna[ure Accepted: City Pf Rancho Cvc amnnga, Cal lfornia -- ` A Municipal Corporation 8y: _ Att eS Mayor Approved: ity Attorney OEYELOPER'S SIGNgT URES MUST RE NOTARIZED 3 ~'~ / S CITY OF RANCHO CUCNUNW • ENGI NEERIHG OIYIS [ON ENCROACHMENT PERMIT GEE S[HEDIILE For laprp ve'nend Peel 14ap -0952 - 'lic ara 7^ve Gate: 4/25/35 ~oFpu[ei DY: 36 F11e Aaro rer c e: v c352 Li :y Craw mg ao. h . NOTE: Ooes not include current !ee for wri [in9 permit ar pavanent deposits p'JPNTITV UN'7 [r=N PR'-r A 9U"T L.F. P.C.L. cure - 12" ' 2d^ gutter 7.25 502 - L.F. P.L.L. curb - 3" C.Fr 24" gutter 6.00 3 C.2 ~ Lf. P.C.L, cvrD only 5.50 . J~{S'~.cC L.F. A.C. Dem 4.50 S.f. 4" P.C.C. sidewalk 1.75 2T- S.F. S F Dr+ve appro acn 8" 2.50 '~ ~ . . Y P.C.C. cross gutter (inc. curb) 3.40 - /II.JL l . C. Street eacnvativn 1.50 e.r. Imporeea amhankaent 1.w __ S.F. Prop ar att on pf sup gr ode 0.15 S.F. Crushed agg. hasp (oer inch thi c's) O. P,7 TON A.C. (over i300 tons) 27.00 TON A.L. (900 ;p ll00 tons) 35.00 TON A.L. (500 to 900 :ons) 45.G0 69.5 TON A.L. (under iOJ tons) fi0.00 5,31 C. OC S.F. A.C. (3" [hick) 0,55 S. F, Patch A.C. hrench) 3.75 S.L. 1" [hick A.L. overlay p.30 y EA. Adj=ust sewer manhole to grade 250.00 EA. Adjust sewer clean out to grade 150.Op - EA. Adjust water valves to grace ]5.00 ~ EA. Street lign [s 1000.00 L.F. Barricades ;intersec. 5500 min) 3.00 L.F. 2 x 4" redwpod header L75 S.F. Removal pf A.C. pavement 0.35 L.F. Renov al of P.C.C. cure 3.30 L.F. Rompv ai of A.C. perm 1.00 EA. Street signs 20O.C0 EA. Reflectors and posts 35.00 L.F. Conc-ete Klock wall 25.00 S.F. Retaining wall 20.C0 - TON Aggregate Dase ].00 L.Y. Concrete SL N[LJreT 42S,Qp L.F. 1R" RCP (2000 O) 29.00 L.F. 24" A[P (1500 0) 35.W L.F. 36• RCP (2000 0) 49.00 L.F. 48" R[P (1200 0) 75.00 EA. Catch basin N = 4' 2000.00 EA. Catch basin N = 8' 2900.00 __ EA. Catch basin N ~ 22' 4500.1]0 EA. Local deoressi on 4' '00.00 EA. local deoressi on 12' 1000.00 EA. Junction str uc cure 5000.00 EA. Outlet structure, Std 3506 1500.00 EA. Outl e[ structure, Std t50] SOO.CO __ EA. Guard oasts 40.00 L.F. Guard panel (rood) 25.00 L.f. Sawcut 2,00 EA, Ile advali !48" wing! 4000.00 L.F. Redwood header 1.75 S.F. Landscaping 5 irrigation 2.15 L.F. Aoll curb (P,f,.L.) 7.50 ENGIYEEAI'hS fNSPECi[Oe FEE 5 A00.00 SUD i07g1 j]4 'RESiOPAi!011/LEE PIEA7iCN Lq$II p1-I, lp,T~ LONi:NGENLY COSTS DEPOSIT REPJN C4BLE) - FAIiHFlII PEAFORMAtILE 90ND (100%) MCNIINEpigi h3A SuBE7Y (CASH) 1,200.00 LABOR AND NNiERIAL 90ND (50%) dJ50i0U~ aPUrsuant to Llty of Rancho Cucanronga Municipal Cade, Tlt le 1, CAapter 1.08, adapt lnq San Bernardino County Code Titles, Chapters I-5, a cash restoration/delineation deposit shall Oe aHde Driar to Issuance of an En9l veering Construction permit. Aev:~en van /~ RESOLUTION N0. f06-A4-13R- e~ S' '/s y • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 6962, (TENTATIVE PARCEL MRP N0. 6962), IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 6962, submitted by William J. Roth, Su hdivider, and consisting of 4 parcels, located on the north side of Vicara at Jasper Street, being a division of Parcel 3 of Parcel Map 3342, Pages 21 and 62 of Parcel Maps, Records of San Bernardino County, State of California was approved by the Planning Commission as provided in the State Suhdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 6962 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdivider submits for approval said Final Map offering for dedication far public use the streets delineated thereon. NOW, THERFORE, RE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That the offers far dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 6962 be and the same is hereby approved and the City Engineer is authorized to present Same to the County Recorder to 6e filed for record. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Bever y A. Authe et, ,ty er /7 CITY OF Re:NCHO CL'CAA10\GA STAFF REPORT DRTE: June 5, 1985 TD: City Council and City Manager FROM; Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer ~~c+.~rp ~t~' ., ;, Y f \,7 ^ /~ ^ }j ~Z _ ` > ivr, I SUBJECT: Approval of Parcel Map 8646 and Real Property Improvement Contract and Lien Agreement located on the northwest corner of Rochester Avenue and 8th Street submitted by Lincoln Property Company Parcel Mao 8648 was tentatively approved by Planning Commission on August 22, 1984 for the division of 22.41 acres into 3 parcels in the Minimum Impact Heavy Industrial Category (subarea 9). Off-site improvements will be constructed at time of building permit issuance. RECDMIENDATtON • It is recommended that City Council adopt the attached resolutions approving Parcel Map 6648 and the Real Property Improvement Contract and Lien Agreement and authorizing the City Clerk to cause said map to record. Re pectfu~ly ~abmitted, Cgrµ'Bt('~(/ o AtEachments /8 _m op ~~ :3i • : • ~ z is s: i_ :3 . ~:F- i s... • ~jl. i CO M~ W Y'a . 0 Z!x aLL Q~c ~ o_ ~. , _ _ W `LL ~s~'- s. .<? Q mss` < dg "'>' ~c~ _ W Qsa z 1m F"C<z ~ °3;i 'ze. Z W ••'- g , i' sa Se ~ ~ ;Ii ~~ ~ijif ~ ; .rrr ~o~ ' I at i~ i '~. A^,~.° lye ~+ '. - •I~ 1 r'~ • • • /9 9 2 ~ ]n"a . RECORDING REQUESTED BY: and MMEN RECORDED NAIL T0: CRY LLERK CIiY OF RAVLRO L'J CAN O:IGd P. 0. Sox 307 RAYCdO CD CdYOVOA, CA'_:FDR'lia 9:7J0 REAL PROPERTY IMPROVEMENT_CONTR0.CT 0.X0 LIEN AGREEMENT TD IS dGREENEN?, nacre and enured into t9is day of_ 19 by and Se taeen Lincoln Property Comb any (here,naf ter referred to as "Developer";, and [ne CITY OF RANCHO CDCAN O!IGA, CALIFOR4IP., a municipal o^porat~o~ (hereinafter referred to as "City" prpv :des as follgvs; 'AHEREAS, as a general conai [ion precedent to the recordation of Parcel Map 9648, the City repuirez Ue underground ing of existing over he ae utilities adj aced to the • property to Oe deve7pped; and NH EREAS, the Deve toper desires to pas bone cons!ruc ti on of such imDroveme nts until a la[2r date, as determined by the Ltty; and NNEREAS, the City is agreeable [a such postponement provided that the Developer ente^s iota Lois Agreement requiring the Developer to construct said improv=meats, at no expense to the LI[y, after demand [a do so UY the City, dhich said A9re ement shall a150 provide that [he City may construct said improv emen Cs if the Developer fails or neglects to do so and that the Lity shall have a lien upon the real property hereinafter described az secarity for the Developer's Oe rfprmance, and any repayment due Lity. l Z J ~- NON, THEREFORE, THE PARTIES AGREE: 7. The 7evelo per hereby agrees that he wil` uncle rgr0u nd the existing ov ¢rhe ad utilities in accordance and compliance with dll dpp'ICdble prdlndnCES rP501 Jti0n 5, YU1Q5 clod rPgU1 at10p5 pf the City in effect at the time Of the installation. Said under gro uding shell be installed upon and along Rochester Avenue, na[ to exceed beyond the centerline pf Said street or beyond the frontage of the subject property except as required to provide for adequate drainage and traffic transition per :i ty Standards. 2. The installation of said improvements shah be compl etea no later than one (t) year following written notice t0 the Geveloper from the City to commence in stallat7on of the same. Install of ion a/ said impr avmen is shall be at no eapen se t0 the City. • 3. In the event the Geveloper shall fail or refuse [o complete the inst allat7on of Bald improvements in a timely manner, Ci Cy may at any time th¢re of ter, upon giving the Developer written notice of its intention So do so, enter upon the property hereinafter described and ca mplete saitl improvements and recover all costs of completion incurred by the City from the GevelOp er. Each parcel created by recordation of said nap shall be subject to a prorated amount on a per acre basis. a. To secure the perf Orman co by [he Geveloper of tM1e terms and conditions of [his Agreement and t0 secure the repayment to Gi ty of any funds which may be expended by City in cOmple;ing said improvements upon default by the Geveloper hereunder, the Geveloper does by these presents qr an t, Car gai n, sell and convey t0 the City, in trust, the fallowing described real property sl tuated in the Li ty of AanchO Cucamonga, roan iy o' San 9ernardino, State of California, tp-wit: • Parcels 1, 2 and d 01 Parcel Map 2fi Ve as recorded In GOOk , Pages of Percei Maps, Records of San 6ernard ino off, State of~ Lal~o rnla. ,`~ ~/ Z 5. This conveyance is in trust for [he purposes described above. 6. Vow, the"ef ore, if the Develp per shall faithfully pe rf orT all of the acts and things [o be done under this Agreement, [hen this conveyance shall be volt, otherwise, it shall remain in full force and effect and in all respects shall be can sf dered and treated as a mortgage on tie real property and the rightz and obligations of the parties with respect thereto shall be go ver ne0 by the provisions of the Civil Code o/ the State of California, and any other applicable statute, pertaining to mor [gages on real property. 7. this Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, s'JCCe550rS dnd d5z1gn5 pf edCh Of LM1e pdfL ies M1ef CtO. • 8. To the eaten[ required to give effect pf [his Agreement as a mor r.gage, the term "D evelaper^ snail be "mortgagor" and the City shall be the "mortg ogee" as those terms are used in the the Civil [ode of the State of California and any other statute pertaining to mortgages on real Dra perty. 9. If legal action is commenced to enforce any of the prO Visions of [his Agreement, to recover any sum which the City is entitled to recover from the ge velaper hereunder or to Porec7ase the mortgage created hereby, [hen the prevailing party snail be entitled to recq ver ~„ costs and such reasonable attorneys foes as shall be aw arJed by [he Ccu^t. u ~~ z L 3 IN 'NI is ESS SlH EAEJF, the aarti¢s he r¢to rave execu to d~ this Ag•ee.men[ on :he ]ay and y¢ar first ab ¢ve ,.ritt¢n. CIiY UEVELUPER F u,y LiTY OF AAYChO LJCAMO.I3A, y~S:~'.1a ~~.--/~«..4d ~n d...+.n.r, L ALIFO R;I IA, a municipal core ¢ra:lon ;/}r.~lrir ">~-v.:<~._. i~(„~ r /, a i, ey: _ Jos ]. Mige.s nayor APPRJVJ 6S iU FLd'~.1 A 77E Si: wR FEB 11I3&S i. i n sever Y A. Aut^e ie[ f°' i C1tY Clerk zvo'a ^..: ,~'.: c". ern •11wR1HM~Mw•Hw~~~~••w~Hf•N~~~••~N~u~u»,a H#~~~,:~~u• SiAiE OF LALIFOAeIA ) ) 55 LO'JNTY OF SAN REANAROINO) On ,19_,bef ore me the un Cersigne Notary ve ~c, persona iy ap pearea ~ iS _rycpi~y A. AJiN per;onally known W me to de the :iayor and Lity Ller'z, res0ective ;y, of the LI7Y OF AANLNJ CJL AMONGA, CALIFORNIA, a municipal corporation, and Rnown to me Co be th~ person who etecu tad [ne 'within instrument on behalf of sai municipal corporation, and acknowledged to me that such municipal ca ry¢ra[ion ¢tecut¢d it. NITNESS MY NANO ANO OFFICIAL SEAL STATE OF CALIFORNIA ) j .a. COUNTY OF ORANGE On th is~~ day ofd icy. in the year 1985, Def ore me, con'miasi oned and sworn personally appeared ERIK M. HAN EEN known to me to De one of the General Partners of Lincoln Prooetty Corp any No. 611, a California limited partnezshi p, to De the pecson that ezecuted Chis instrument on behalf of the partnership. ;n Witness Whereof, I hereunto set my Rend end aE'. fixed my Seel Che day and year in Chia certificate first abo~e written. ~.. .'/file i ~1CGr/KCt-- ~,+.____.-.-n SjaSan Turner CORPORATION/PAR(NERSNIV ACk NUNLt UU[ntni as ncV~rn.~. (~,~ 1 3 RESOLUTION N0. {~B6=Bcr-5§R 8S-A~ ~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 8648, (TENTATIVE PARCEL MAP N0. 8648) WHEREAS, Tentative Parcel Map No. 8648, submitted by Lincoln Property Company, Subdivider, and consisting of 3 parcels, located on the northwest corner of Rochester Avenue and 8th Street, being a division of Lots 30 and 31, according to map of Rochester, as per plate recorded in Book 9 of Maps, Page 20, Records of San Bernardino County, State cf California was approved by the Planning Commission as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 8648 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdivider submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That Lhe offers for dedication and the Final Map delineating same he approved and the City Clerk is • authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 8648 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 5th day of ,tune, 1985. AYES: NOES: ABSENT: on 0. Mi a s, Mayor ATTEST: !~ Beverly A. uthelet, City C erk ay RESOLUTION ND. €B6-B5=iD!t 8S '~S~O • R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA, ACCEPTING R REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LINCOLN PROPERTY COMPANY, FOR PARCEL MAP 8648 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Parcel Map No. 8648, located on the northwest corner of Rochester Avenue and 8th Street, submitted by Lincoln Property Company was approved on ,tune 5, 1985; and WHEREAS, undergrounding of existing overhead utilities established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Lincoln Property Company. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: • NOES: ABSENT: ATTEST: every u e et, i y er on D. Mi a s, Mayor I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of .Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Ca until held on the 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. every ut a et, ity er ar • • CITY OF RAKCHO CCCAMOVGA STAFF REPORT DATE: June 5, 1985 TD: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kroll, Assistant Civil Engineer "~~ C~\\9 i`~ + x,lY Jf '~.'i Z ~~ 'A .. > @` SUBJECT: Approval of Parcel Map 8891 located on the east side of Rochester Avenue, south of 7th Street submitted by John Garasich Parcel Map 8891 was approved by Planning Commission on February 13, 1985 for the division of 1.224 acres of land into 2 parcels in the General Industrial Category (subarea 13), Improvements are to be constructed at the time of building permit issuance. RECOlMENUATION It is recommended that City Council adopt the attached resolution approving Parcel Map 8891 and authorizing the City Clerk to cause same to record. Respectfull sub fitted, ~~ LBH:BK> o Attachments ~~ GOP INUUELPIdL dN0 CCMMEFGid! 'JSE ONLY TENTATIVE PARCEL MAP N0. 8891 IN THE LITY Of FdNCHO CUCdMONGA H pEInG a o1v1s1ox or • ecn.Dx ai .ar ND. W P cr RowESre R, m tNE cnY or PeXGHO CVU'p YOMe, COVXTV Oi ]pN pCHMIRDINO. STptE Of CALICOP XII, p4 PER Ypr nLCON0E0 IN pCGF 9 oeEE 30 Oi [[[pS, IX '4E OffILE Oi THE PLCOPOfX W E Or 5.+10 LOVMT V, Lylx4 WESIEPLV Of THE WESyEPLY LIXE :. 'YE vp OeEO-y J ` CN°C,E] tO 'XE 5'pTE Or CeIIrORNie p4 Pe PC(L MCI In :LEO e ECOXDEO nOVFYp[P S)~1913 ~N pOOn BOfO P<4E ]3. OFf ICIpL RELOROS. S ° ••. n OCVOLLL.ILL• W.YE9~.L lE~A(P SCPY'NG .'Ef It M3[]. [Cray r.p .+ + sl9u-y0P fL[Px x[ i[Y[n+l L__ ~- ___ _ _ ~~ ~ OOi t[,1[nIONVn Ill.l ]Lf 100 Owl[ s . ' ~I w:no n pEnc_WE4N >e.c. .aeu+a ~ N[ ..,..,,,, ... XG rl HN 3ei eNON[A C 1[[ we [n. [L[v 13i 1T1 w[[[n n[xC NCVG[YT Cro Nl ]O LEEENO I^., > NVSS[u s.v[ _ [ 1 ~__ 1p1 [ [ VYE ~ ~ . ~ 1 .....~ ~ _ i ~ , .. ~ _ ~ 4 '~ ~ . r~. I 1 .~ .u ~ ~_ .~;' j I ~ - 9nen 1~. ~ f ^ 0 i i A ~ _ I i i I ~ - - , . .~.. _._r_._. -. .., _.....r_ . __ _), ~ ` ~ ~ ~ ~ a ~ '~ ' 1 I . 3'T" Ly n~ w..[. ~ 1 - ' ~ E - Y' ti ; ti _ i ... .~~ j~ ~~~ v..y.z '!~ ~'~ - t- __ .r 111! ' -_-.... .111 ... .. ,.. .... - _- ~ C~% n V _ I ° °Y][b.X~cn w • z7 RESOLUTION N0. LOB=9rr-25R e'vs -/s7 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORN LA, APPROVING PAP,C EL MAP NUMBER 88S1 (TENTATIVE PARCEL MAP N0. 8891) WHEREAS, Tentative Parcel Map Number 8891, submitted 6y Jahn Gar asich and consisting of 2 parcels, located on the east side of Rochester Avenue, south of 7th Street, being a di vssion of a portion of Lot 30, Map of Rochester, in Book 9, Page 20, office of County Recorder, County of San Bernardino, State of California was approved by the Planning Comniss ion of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8891 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8891 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and RDOPTED this 5th day of June, 1995. • AYES: NOES: ABSENT: on D. Mike s, Mayor ATTEST: ever y A. Aut e et, ity er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify Lhat 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 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. every u e e ,ty er ~8 nrmv nc vnwrrrrn ri'r e\inlre u • STAFF REPORT GATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hu bbs, City Engineer BY: Barbara Kroll, Assistant Civil Engineer .~~,. 2t/ j ~q~ z / t -~~, i ~ j ~19'T- SUBJECT: Approval of Tract Nos. 12028, 12029, 12030 and 12031, Improvement Agreement and Improvement Security located on the south side of Church Street, east of Archibald Avenue submitted by Marlborough Homes The sub,j ect maps were tentatively approved by Planning Commission on October 14, 1981, as Tentative Tract No. 11663 for 393 townhomes. The development of Tract No. 12028 consists of 16 townhomes, Tract No. 12029 consists of 35 townhomes, Tract No. 12030 consists of 10 townh omen, and Tract No. 12031 consists of 16 townhomes. These maps are the final tracts to record for this project. An Improvement Agreement and bonds are being submitted to guarantee the installation of off-site improvements on Church Street. Letters of approval have been received from Ch affey Joint Union High School District and Central School District. C.C.& R's have previously been approved by the City Attorney on the entire project. REC0IMENOATION It is recommended that City Council adopt the attached resolution approving Tract Nos. 12028, 12029, 12030 and 12031, accepting the bonds and agreements and authorizing the City Clerk to cause Said maps to record. Resp /tfull~~ i~~~ov gttahhhments .?9 GUCAMONGA COUNTY WATER DISTRICT 1611 SI.Y 6EFM1lppiu0 a~ ., .. _\u0 \'.1 Ca„F ~ ~]. ~• > J 1 a_O .Sl ::JI VICTOR A. CHER BA H. JR.. P•,n:n.ol May 20, 1985 City of Rancho Cucamonga Engineeriny Department P. O. Box 807 Rancho Cucamonga, California 91730 Attention: Ftrs. Barbara Krall Gentlemen: r~...r..,:e..r ROBERT NEe FELD S,.mm~r. G,nerol .Henn o.r LLOYD W. MIC HA~ o., . [e RLE R eNOc o50y a EVER LYE BRAD EN CHARLES A WEST Marlborough Development Corporation, Developer of Tracts 12628, 12030 and 12031, situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Per- formance Bond, and a Utilities Improvement Agreement for water- line and sewerline construction for said Tracts. These bonds and agreements are being accepted by this District as an assurance that said improvements will be provided, as stated, within the boundaries of the Cucamonga County Water District. Also, water and sewer improvement plans have beer. approved. If you have any questions concerning this matter, please contact the undersigned. Yours truly, CUCAMONGA COUNTY WATER DISTRICT ~~ Betty Fi ~~ Secretary b G ~ ~a . 1 ~~ v 'r ..w _. ._y I .. dll( . , -' cN ri ii CCPo Sy OIYI$Aiil • • 30 PROJEOT ~I GHI:FC.V-1 I SEE°~ I ~_ S-;RE=T ~ $$~~ ~~ a ~ET ~~ STAF=L`RD 5 .~, -CRD ~ S IFiC. i SREET Z K F ~.u~evv~ ~~~~ VICINITY MAP NOT TO ExG+CT G LE clTV or a:~~cEln c~~c:~.~IO~c,~ p _~' r ',. 60 Tracts 12023, 41 ~. ~ yt'~' c ENCiINGERING DI\'ISIO~ ~'~ .E~ '> VICINITY MAP Pass wn 3/ C1#~FFEY JOINT Ut~ON HIGi#-SCHOOI DISTRICT ~°~~~~°°~~° O ]I1 WE Si flf iM 51P [[1 C.11L Rio Cnl ~, On~i:• y~16i ~~~~ D ~ 0 Or~t .,~., ~ ,.... ,°~E.,,°,., 5,.~,CE. CE,,,. I l I1 1 IU11 TO WHOM IT MAY CONCERN This is tc Verify that Marlborouth Develoomenc Corporation has met the requitement of Crdina r.ce No. 0 o the City o` Rancho Cucamonga and has paid builders fees in the amount of 5300.00 per dwelling unit directly to the Chaffey Joint Union High School District. The total amount of 524,900.00 is for 83 units in the pro3ect as escribed below. Tract 12028 l6 dwellings • " 12029 35 " " l?030 10 " " 12031 16 " " 11663 6 Received by pQ,c //~ ,vet Date November 1984 v' • 3a ~ ~ „GaEEr,~,r aET:iECi r;E cE;;r °,L sLr•DOL DlsrnicT, G?TY cF Rr,:;crlo cuc;,~:c:;cr,, SWI OC R.L'~.RUli:i~ CL'~U'!TY • l;tlD • MS ALBOOnL'GH D°VELOP MENT _ ~e veloper --- FCR FP;~i:;CIi;G PU3LIC SCHOOL FACILITIES THIS ,'.GRE"ci :-7T is entered into this day of 79ez, by and 6e b•<cen the CEtiTP,AI SCHOOL DISTRICT OF SAfI SEP,iiARDIND COG"1TY, a sc6oc district of the State of California (herein=_f ter referred to as DISiR?CT), ar,d C ENT AAL SC400L DISTRICT (horeinaf ter referred to as DE1'ELOPER): LlITI;ESSETH: IfHE REFS, CEl`CLOPER contemplates building rasidential dwellings Within the • DISTRICT r.Fre re public schools grade K-8 r~i i.ll be inadequate to serve the pup.is generated irc:n CE`JELOPER'S developr•ent if this agreea,ent is net exeruled and per- formed; zod LlHE CEFS, DEVCL OPER is presently seeking approval from the City cf R>n ct~o Cucamen ga of Tentative 71'oCt f10. 11663 in erne r, to proceed with the drrelop- ment, and ' h~HEREftS, EQ SiicI CT 'is rril ling to ;dcperz to with DE9ELOPER in locating and staffing ror.venient intcrini er per:r,anent pu6iic scl~ool buildings and facilities in or near DEVELOPER'S prepcsed residential develop~.aent for the benefit o` the cl•~i?rircn assioned by DISTP,iCT to atcer.d school, in such public school buildings; ar 4fHEREFS, OEYcLO?ER desires to asr st D:STR;CT in mitigating the eor.ditions o. ever-crv;;ding by paying to UiSTRICT a sum of looney to be used for such purposes; FIDbI, THE;CfOi?C, tine parties to this .4gree~ncnt do n~:,tually agree as fc',lc.as: 33 c c I RE SPOkSIBILITIES Of DE`lCL OP ER • A. DEVELOPER shall pay to UISTRICT, prior to issuance of any building pz rr~its for lots in Tract No. ua63 the sum of Five Hundred. Fifty Collars (_3550. 00 )_per. mu l_tiple-unit dwellino structure which sum is believed to be that necessary-to provide interim or permznent facilities for any and all school-age children from grades Y.-8 anticipated in DEVELOPER'S residential development. B. DEVELOPER shall notify any successor or assigns that this agreerent has been executed and is in effect, and shall insert language in any documents of succession or assignmznt r:hich will oblicate DEVELOPER'S successor or assignor to carry out DEVE!CPER'S obligations under this agreement. II • RESP011SIBILITIES Of DISTRICT ~~ A. DISTRICT shall use the monies paid by DEVELOPER pursuant to this agreemen~ to provide suitable interim or permanent Fublic school buildings and related facilitiesr+hich a+ill be used to serve the needs of the residents of DEVELOPER'S residential development on a site determined by DISTRICT, insofar as possible 6y 1 6. DISTRICT shall provide teachers and administrators as it deems necessary to conduct, and shall actually conduct, zn educational program in the above-des- cribad buildings and facilities, insofar as possible by law. C. DISTRICT shall also use said monies to maintain said buildings and facilities in a serviceable condition for the DISTRICT'S use and carry its usual fire, property damage, and public liability insurance to cover such 6uilding~^d facilities and DISTRICT'S activities at such school site. 3y D. DiSTR1CT shall not interpose Jny ob jectio•n to DE:ELD'ER'S residential developc,cnt Tract IIo, ii 653 on grow~ds that public school buildings and facilities are not adequate to serve the residents of such residential d=_velcpment and, upon request of DEVELORER, will provide written assurances to any p•.:blic ag5ncy that DISTRICT has no objection to the development for that reason. E. DISTRICT shall make available to the public and the City of Rancho Cucamonga an anm~al record of manies received and disbursemznts made under the terms of this Fgre eir2nt. I1I CO^1SIGERATIOY Good, valuable and adequate consideration exists in the mutual benefit which DEVELOPER and GISTFICT hereby agree results from entering into and fulfiilin9 this Ag rce,~.,.,,~. • IY TITLE, BUILD IIJGS, AfJD FACILITIES Legal title to all interim or permanent buildings and facilities constructed or erected as a result of this Agreement shall remain in the DISTRICT, its successc or assigns. V CALIFORIfiA LA4! COIJTP.OLS It is expressly understood and agreed by DEVELOPER Flt;D DISTRICT that the lava of the State of California shall govern them and the interpretation of the Agreeme and that any litigation troeght because of, or involving, this Agreement shall to initiated exclusively in the Cc;n'ts of the State of California, 3f C VI C ISODIFICATICiJ fQ1D TE "r,i1ti L1TIDN OF AGRE EVENT • A. in the event that, subsequent to execution of this Agreement, State or local law or ordinance requires developers to donate land or pay fees for censtruc tion of schools on account of a building permit subject to this agreement, the obligations of DEVELOPER to DISTRICT herein on account of said building permit shall be offset to the extent any amounts paid by DEVELOPER on account of said building permit are received by DISTRICT or the value of land which it is require: to donate to DISTRICT, insofar as permitted by law. B. In the event that DEVELOPER'S tentative subdivision map is not approved by the City of Rancho Cucamonga all obligations of DEVELOPER and DISTP.ILT herein shall cease. • VII SUCCESSORS-IN-INTEREST AND FS SIGNS i All terms, conditions, and provisions hereof shall inure to and shall bind the parties hereto, their respective successors -i,n-,interest and assigns, IN UiTGESS THEP,EOF, DEVELOPER and DISTPICT have caused this Agreement to be signzd in their names and on their Gehalf by their duly authorized representrt DEVELCPER: MARLBOROUGH DEVE LOPidEI1T CORPORATION DISTRICT: Pau N •yr i'j 1e Press ent ~ ~ ~~ D~ olores M. 'Brien, sst. ecretary 3~ CEIJTRAL SCHOOL DISTRICT, OF SAN BE RilAR0IY0 COUJTY, STATE OF CALIFOP,NIA BY Superintendent f,?i;i0:4D 7S TO FORt; ,~ " Ahn I(. A9arls, ccurJrr cem:~EL c ••n^.~~~mr„••n rnnorv rnirnrvl C VI ~ <CD: iCiR 1C'! f,';p 7E FI4li;AT iG'; OF ?....,....:1E NT • A. In the event that, subs equ2nt to execution of this Agreom2nt, State or local la'.a or ordinance requires developers to donate land or pay fees far construe tion of schools on account of a building permit subject to this agreement, the obligations of D`eUELOpER to DISTRICT terein on account of said building permit shall be offset to the extent any aaunts paid by DEVELOPER on account of said building permit are received 6y DISTRICT or the value of land which it is required to donate to DISTRICT, insofar as permitted by law. B. In the event that DEVELOPER'S tentative subdivision map is not approved by the City of Rancho Cucamonga all obligations of OEV ELO?ER and DISTRICT herein shall cease. • VII SUCCESSORS-I;I-INTEREST At;D ASSIGpS All terms, conditions, and provisions hereof shall inul-e to and shall bind the parties hereto, their respective successors -i.n-interest and assigns, IN 41IT"ESS 7HE F.EOF, DEVELOPER and DISTRICT have caused this Agreement to be signed in their names and nn their behalf by their duty authorized representati i er a~ 8 U STATE OF CALI FLOSI ANGEI ES __„/ 55. tOCVTY OF_--- 111 on_July 12, 1982 _^__ h<rm< m<. ,he °ndcnirnea. + tiotoy Puhlir i + d (ar •aW fow,n and Sram. pr«°nany .rr<arra Paul N. 6y roes _. Lr ~ Vice_rrrriarnr. and--- k~lofo°res ~ OFBrIen Lnn.n ,. m< r° h< -Asststan~°~ m< r°rrnra~~~°n rhar r, <r°ird ~h< wnhfn imua men,, kn°.n ro m m Lr rhr Pn wns s. h° r. rru,cJ rhr virh.n Im,romcm on Lrhalf of the corenraum rhor~n r m<d. J nkno.led icd ro me rho sorb wrponrionlrln^°i fdi ~h~m dh'( 'nn rummt rurraam ro i,a Lriars ar a~_~ ° dvenors. S FOR NOTARY SEAL Oft STAMP Oii1GUL SEAI. 1(ATNRVN M. OLSEN M1+RV Psuc ~ uuronru 1 ~~ 1O31.NGFJES GCUNrY My ~... ~M bn fr. re,e l C ~ A!4E IVD?1CIVT TO AGREEFIENT 6CT41EEN THE CENTRAL SCHOOL U15TRICT • OF THE COUNTY OF SAN BERNARUINO AND MARLBOROUGH DEVELOPMENT Developer THIS AGREEvENT is .onto red into this La day of July 19_~Z, by and betr:een the CENTRAL SCHOOL DISTkILT, SAN BEP.NARDItVO COUNTY, CALIFORNIA, a political subdivision of the State of California (I~e re inafter referred to as DISTRICT), and cENT RAL SCHOOL DISTRICT (hereinafter referred to as DEV'c LCPC R). IJITNESSETH: ~ tJeEREfS, DISTRICT and DEVELOPER entered into an agreement dated __ 7ulY_is_ i9ez _, whereby DEVELGPER agreed to make payments • to U:STRICT for the purpose of mitigating overcraaded conditions occasiered by building or proposed building of residential driellings ~sithin the boundaries of DISTRICT and within the boundaries of the City Df Rancho Cucar.:Dnga, occasioned by Tentative Tract No._1166; and 41HE RC AS, the City of Rancho Cucamonga had heretofore adopted Ordinance IJo. 3G, arended by Ordinance No. G9, providing for the pay- ment of fees for the purpose of financing schDOl facilities; and IJHEREAS, the State legislation, specifically Government Code Sections fi5970 through 65961, is the subject of litigation presently pending in the California State Cow•t Df Appeal; and V.HEI;EAS, nobeithstanding the ouCcome of the litigaticn, DEVELOPER desires ghat the sums he retofare paid DISTRICT shall be retained by • DISTRICT fur thc. Purpose of providing for sclicol facilities; 38 l r . C C LDS7, TH~R~FGRE, the parties to this Amend~~nent to Agreement do • mutually agree as follows: ; 1, DISTRICT agrees that it will use the sums heretofore received for the purpose of providing school facilities, either interim or permanenet. 2. DISTRICT agrees that it rill provide school facilities and teachers for the purpose of providing education for pupils who ui11 reside in the dr:elling units being built by DEVELOPER within the boundz ties cf Tr~a Ct Plc. 11663 3. DE'7ELDPER~agrees that DISTRICT may retain and may use the sans heretofore paid DISTRICT by DEVCLDPCR, notwithstanding the outcome of any litigation regarding the validity of the fees heretofore paid DISTRICT by CEVELDPER, 4. DEVELOPER agrees to waive the right to co :Hence any litigation • against DISTRICT for the purpose of seeking the return of the fees heretofore paid DISTRICT by DEVELOPER. • 5. Subject to the terms of this Amendment, the previous agreement between DISTRICT and DEVELOPER dated Juiy 13, leez shall remain in full force and effect. 6. All terms, conditions, and provisions hereof shall inure to and bind the parties hereto and successors in interest and assigns, including any subsequent o~:mers of property located within Tract No. 11663 _p_ 39 = f ~-, 1P:.:'ITi7CS5 lIi{EREOF, DEVELOPER and DISTRICT have caused this Amend- ment to Ayreemcnt to be signed~in their names and on their behalf by their duly authorized representatives, L'EVEL01'ER: DISTRICT: • MARLBOROUGH DEVELOPMENT CORPORATION CENTRAL SCHOOL 0[STRICT~ SAN BERNARCINO COUNTY, CALIFORNIA By PZT/`~ By7 ce President Su pen ntendent • 6y ores r en ss t. ecreta ry ssistant upen ntendent, Instructicnal Services (CORPOPATION) STATE OF CALIFG.^,N IA ~ ) COUNTY OF LOS ANGELES ~ ss. On this 12th day of _ Kathryn M. Olsen for said County and State, residing therein personally appeared Paul N. Byrnes be the Vice President 1982 before me, a Notary Public in and duly commissioned and sworn, -, known to me to aril Dolores M. O'Brien knar:n to me to be the Assistant~Secretary of the Corpora' lion that executed the within Instrument, known to me to 6e the persons who executed the within Instrument on tehalf of the Corporation executed the within Instrument pursuant to its bylaws or a resolution of its Board of Directors. • C~ July -3- yo ;~ ~ ., C C IN IJI Tt;E SS IJHEREOF, I have lie reu nto set my hand and affixed my • official seal in the County of LOS ANGELES State of California, the day and year first above written. OFFIUAL SEAL -1 1 KAT1nVN M. OLSEN NOi, RV RRLK'•CI.LMO~~Y Los ArwEUS Ca.m ~n~ Notary Public it and for said County of M, 4nn fy:n, Ln II, llO I LOS ANGELES State of California (SCHOOL DISTRICT) STATE OF CALI FORIJIA ) ss: COUNTY OF SAN BERNARDIIi0 ) On this day of 19 before Ine, • ~ ~ a tlotary Public in and for said County and State, residing therein, Caly cor~minssioned and sworn, personally appeared _, knovm to me to be the Superintendent of the CENTRAL SCHOOL DISTRICT of San Bernardino County, or krawn to me to be the P.ssistant Superintendent, Instructional Services of the CENTRAL SLHJOL DISTRICT of San Bernardino County, and acknowledged to me that said School District executed the same. 1N 4l1TNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of San Bernardino, State or California, the day and year first written above. Notary Pu61~ic in and for said County of San Bernardino, State of California -4- N/ • ~' f C ~. (It1DIVIDUAL) ~ • STATE CF CALIFORNIA ) ) 55. cnurrY of ) On 19 before me, the undersigned, a Notary Public in and for_said State, personally appeared knc~.vn to me to the person _ whose nome subscribed to the within Instru- ment and acknowledged that executed the same. IJITNESS my hand cnd official seal. • (PARTRE RS HIP) . STATE OF CALIFORNIF ) ss. COUNTY OF ) On 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared knovm~to me to 6e of the partners of the partnership that executed the within Instrument, and ackna:;ledged to me that such partnership executed the same. IJITNESS my hand and official seal. • 5- 9~ '" OF RANCHO CULANONYA ~~INPRD VENENT AYgEENEXT FU0. CHRUCN STREET INPgOYEMENTS IN COXXECTIOX YiTH TRALT XD. 11663 K NDN ALL MEN BY iNESE PRESENTS: That this agreement is made and en tefed into, in conformance with the provisions pf the Municipal Code and Aegulations of the City of Rancho Cucamonga, State of Ca 71f0 rn ia, a municipal corDar anon, hereinafter referred to as the City, and Marlborough Development Lorp. hereinafter referred to as the Oeve loner, THAT, NHEA EAS, said Developer desires to develop certain real property in said City located on [he east side o7 Archibald Avenue, south of Church $treeL and NMEAE AS, Said City has esta 6115hed certain requirements to be met by said Developer at prere quisi[e to granting of final approval; and NON, THEREFORE, 1t is hereby agreed by and between the City and the Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on page 4 hereof within twelve months from the date hereof, 2. This agreement shall be effective on the date of the • resolution of the Council of said City approving this agreement. This agreement shat) be in defau is an th! day follow- ing the first anniversary date of said approval pn less an exten- sion of tf me has been granted by said Ci[y as hereinafter provid- ed. 3. The Developer may request additf anal time in which tp complete the pr ovisfons of this agreement, in eriting not less than 30 days prior to the def aul[ date, and Including a sta [ement of circumstances of necessity for additional time. In considera- ttan of such repuet t, the City reserves the right to review the pr outs ions hereof, Including construc[i on si andar dt, cast ls2lmdtp, dnd tYff i[ienCy of ChB ImproVem Cnt te[pr iCy, dnd t0 require adJustm ents thereto when warranted by subst an[ial changes therein. 4. If the Developer fails or neglects to comply with the provisions Of this agreement, the City sh alt have tA! right at any time to cause said provisions to De completed by any (aw- ful means, and thereupon to recover from said Oe ve toper and/pr his $u rely the fvit cost and expense incurred in so doing. 5. Constr uc[ton permits Shall be obtained by the Devel- oper from Me office of the Lfty Engineer prior to start of any work within the public right-of-way, and the developer shall conduct such work In foil compliance with the regulations contained therein. Non-compliance may result 1n itopP i^9 of the work by the City, and assessment of the penalties provided. 6. Public right-of-way improvement work re PU lred shalt Oe con struc[ed In cgniDrmance with approved improvement plant, Standard Specifications, and Standard Drawings and any tpeciai t_~ `/3 amendments to eret o. Constructipa shall include any transitions and/or other inc identat rp rk deemed necessary for drainage qr pu Otic safety. Errors or ommissions discovered during construc- tion shall be corrected upon the direction of the City Engineer, gevised work due [o said plan mo difica[ipns shall be covered by the prpv isions of [his agreement and secured Ey Me surety covering the original planned rork5. 7. Nork done within existing streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in [he event of en,{ustif ied delay in completion, and to r8tp ver all cast and expense incurred from the Developer and/or his contractor by any Jarful means, 8. The Developer shalt be responsible for replacement, relocations, or removal pf any component of any irrigation rater system in conflict rich the required work io the satisfaction of the City Engineer and the owner of the rater System. 9. the Developer shall be responsible for removal of alt loose rock and other debris from the public right-of-ray. 10. The Developer shall plant and maintain parkway trees as directed by the Community OevetoDment Director. I1. The improvement secur5 ty tp be turn ish ed by the Developer to guaranL ea completion of [he terms of this agreement shall be su bJect to the apDr oval of the City Attorney. The prin- cipal amount of said improvement security shall not be less than Lhe amount shorn: 11 L I C~ ~~ ~/Y .~ FA ITNFUL PENFORNANCE Type: Bona Principal Amount: 511,000.00 Name ann address of surety: "^n^ ^""1'n•r, c1o .ta,e.' onn 6 "-*"Sl eM1tte ^.lvd., Suite '^.'1, tes An¢el m, CA ^C' MATERIAL ANO LABOR Type: Bond Principal Amount: 55,500.00 Name and address pf surety: '^'~T bT"".t^ M'TA+, c/o ]vvea °cocn s ^.o 1 n55 •-'il eAtie 91vd., 9uf to '.o• AvGelea, LA np' CASH DEPOSIT MONUNENTATSOry TYDe: Principal pmpun [: N/A Name and address of surety: ':/A TO BE POSTED P0.IOR TO ACCEPTANCE BY THE CITY IN MITNE SS HEREOF, the parties hereto have caused these presents to be duly etecu ted and ack owled ge rith all formalities repaired by Iav on [he art opposite their signs to re s. Oa to ~y '~Y Developer are Paul N. BVtnes, yic= Pre svde.^.t Date ~ ~'r ~p~~ ~..~ ~ i. b~ - v ~ ~ Developer g star . Da Lo[es )1. O'Drien, Se Greta ey n me Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: , Mayor Attest; ApPrOV OEYELOPEP'S SIGNATURES MUST BE NOTAR IZEO 7 !'~. r{r CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ESTiNgTE OF COST (6-el) TEXTg7IVE TNACT 11667 CHURCH STREET - OFF-SITE Oeve toper; Marlborough Development Corparat lpn Engineer: Stanley L. Morse, Consulting Civil Enginers, Inc. ITEM [TT STREETS P.C.C. CURB - B^ 0.F. 231 LF 21. 6U7TE0. A. C, BERM 40 LF /- P.[.C. SIOEXALK 195 SF ORIYE APPROACH 418 SF CRUSHED AGG. BASE (PER INCH TNICA) 3,516 SF A.L. PAVEMENT 1,690 SF REMOVAL OF A.C. PAVEMENT 1,182 SF PREPARATION Of SUBGRADE 8,456 SF STREET LIGHTS Date: 5/)/85 UII(T PRICE COST f 6.00 f1,386.00 4.50 180.00 1.75 1,391.25 2.50 1,OI6.W 0.02 )0.32 0.55 2,583.90 0.35 413.10 0.15 1,268.40 1,500.00 SUBTOTAL CONTINGENCIES TOTAL 1,161,00 (11,000.00 ~'' Y1: • BOSp V0. U-101545 P.L~HI49: 555.00 FAI7NFUL PERFORNANCE ROND NHEAER6, the Li ty Council of the r.ity of Rancho Cucamonga, State of California, dnd MARL3C30LG Y. DEVELCFM ENP CORFCRATION (11¢felO after dESllfoaLed d5 °prtn Ctpd hdYe enter<d ~pt0 d0 agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dateA Ma 1] 19Di an0 identified as project arch treet mpr ov ements n connection with Tract No. 11667_ Is Hereby referred to and made a part Hereof; and, NHEPEAS, said principal is required under the torms of said agreement to furnish a bond for the faithful performance of said agreement. NON, THEREFORE, we the princ ip dl and r as surety, are held antl firmly hound unc pN t e ~ y o ancnp Lucamon ga (ne re inafter cal ietl "City"), fn the penal sun of Eleven Thousand and 00/100 Dollars (f11,000.00) lawful money of [he Dnited 6tat¢s, for [Ae payment of which sum well and trply to be made, we bind OVrSC Ives, oVY (1e 1r5, SUCCes5or5, exeCVLOrS dnd administrators, jointly and severally, firmly by these presents. The condition of this obligation 12 such that if the above bpantled principal, his or fts heirs, executors, administrators, successors or assigns, shall in all thsngs stand to and ab sae by, and well and truly keep and perform fhe covenants, conditions an0 provisions In the said agreement and any alteration thereof made • as Lherein provided, an his or their part, to be Kept dnd performed at the time and in Che manner [herein Specified, and in alt respects according to their true intent and mean ing, and shad indemnify and save harmless City, its officers, agents and employees, as therein s[ipuiated, then this obligation shall become null and void; otherwise, it shall be and remain in full force one effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there sha71 be ina uded casts and reasonable expenses and fees, fnclutling reasonable attorney's fees, Incurred by Ci[y in successfully enforcing such obligation, alt to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, ex[en lion of time, alteration or addition to the terms of the agreement qr to the work to be oe rf or med thereunder pr the speci- iltatipns accompanying the same Sbali in anywise affect its pblig at Ions on this be ntl, and it does hereby waive notic¢ of any such change, extension of time, alteration or add titan to the terms of the agreement or [o the work pr to the zoecff is atipns. IN NITNESS NNEA EOF, this instrument has been duly executed by [he principal and surety above nd-.ad. on v ~t st 399 Ms OR C VEI. MENT CORPORATIC': FRF.):ONT tVUF.)N ITY COW ANY e A ~Iu ret Paul 'Y. Byrn ace ery side r.c ~~ b~;y$ ~ ~//. G. d '1 .~VUr~~_- G bbtF~p. / LL_ F ~(Il~ar~ B 1 ~jTi y-"Fore [tame - n_ acc Dolores M. 0 Nn en, Secretary Narry fo rc In PLEASE AiiAEN PONER OF ATTOR XE7 TD ALL BONDS SIGNATURES MUST DE NOTARIZED H7 ~~ 30Np V0. La-101585 PRFffi 0Y: (Include LABOR ANO MATER INCH EN BOND NHE0.EAS, the City Council Of the Lily of Rancho Cuc anon ga, State of Ldlif Oraia, antl MARLBOP.CL'GH OEV ELO P,v,ENT CORPORATION (hereinafter designated as 'pn ncipa ~ ave entere into an agreement whereby principal ayre es to install and complete certain designated public improvements, which said agreement, dated May 11 198 E , and iden[if ietl as pro ect urc tr eet mprovements in connection with Tract No. 11663 ie hereby referred to and made a Dart Rere of; and NHERE AS, under the terms of said agreement, principal is repo fired before entering u0 on the Oerf ormance of Me work, to file a good and sufficient payment bond with the Cf ty of Rancho Cucamonga t0 secure the claims to which reference iz made in Title IS (commencing with Section 3082) Of Part 4 of Division 7 of the Civil Code Of the State of California. NON, THEREFORE, said Drincip ai and the undersigned as a COrpprate surety, are held firmly bound unto the City of Rancho Cucamonga and alt contractors, soft Ontr actors, laborers, material men and other persons em07oyed in the performance of the of oresafd agreement and referred to in the aforesaid Code of Civil Procedure in tM1e sum Of Five Thousand Five Nund red and 00/l00 Dollars (55,500.00), for materials furnished or labor thereon of any kind, or far amounts due under the Unemployment Insurance Act with respect to such work Or labor, that said surety will pay the same fn an amount not exceeding the amount herelnabave set Toren, and also in case suit is brought upon this bond will pay in atlditlon to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, Incurred by C1ty in succezsfulty enforcing such obligation, to be award etl and fixed by the court, antl to De taxed ax costs and to be included in the judgment therein rendered. It is hereby exDre ssly stipulated and agreed [hat [his band shall inure to the ben elit of any and all persons, companies and torpor ati0nz entitled to file claims under title 15 (commencing with Section 3082) of Part 4 of Oivis On 3 of the Civil Cade, so as i0 give a rtght of action to them or their assigns in any suit brou gnt upon this bo ntl. Should the condition of th'.s bond be fully performed, then this obligation shall became null and void, otherwise it shall be and remain in foil farce and effect. The surety hereby st iputates and agrees that no change, extenston of time, alteration or addittan to the terms o/ said agreement or the spec ific atfons accompanying the same shall in any manner affect its obligat tons on to is bond, and it does here- by waive notice Of any such change, extension, alteratfon or additlOn. IN NITNE SS NHERE DF, this instrument has been duty executed by principal and surety above named, on Hav Rex , A L 6 .VE P iT C R RATIVN }AE`:OYI iYpEW :Y-. e per ore y n t ttOr n~gY•in- act Paul ~N., Byrnes, Rice. P{ea.i'8gnt Harry .f. fie rt to XOXOS • ys • RESOLUTION ND. E96-B5~t9R 8S -/~ p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12028, 12029, 12030 AND 12031 (TENTP.?tVE MAP N0. 11663) WHEREAS, the Tentative Map of Tract No. 11663 (Final Map Nos. 12028, 12029, 12030 and 12031), consisting of 4 lots, submitted by Marlborough Development, Subdivider, located on the south side of Church Street, east of Archibald Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with Lhe requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the final Nap of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2, That said Improvement Security is accepted as good and sufficient, subject Lo approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, gPPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT: on Mi a s, ayor v9 CITY" OF RANCHO CCCA:YSONGA STAFF REPORT GATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubb s, City Engineer ~~ I SUBJECT: Release of Bonds 2`~O GCCA.lrp1 v 1 ~'~ x, ~ ':> ~" ~ x z 19'; I • Tract 12332-1 -Located on the east side of Haven Avenue at the North City Limits DEVELOPER: W. H. Lab and 3311 E. Cameron West Covina, CA 91791 Release: Improvement Security (Labor & Materials) $300,000 Six months have passed since the Faithful Performance portion of the Improvement Security was released and no claims have been filed. It is reconended that Council authorize the City Clerk to release the remaining $300,000 to W.H. Laband. O.R. 83-30 - located at the SEC 8th St, A Rochester Ave. Developer: Julius & Charlene Viana 11881 8th Street Rancho Cucamonga, CA 91730 Release: Improvement Security (Faithful Performance $22,426.00 The street improvements for O.R. 83-10 have been constructed in accordance with the approved plans and it is recommended that Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the 822,426.00 Improvement $ecturity. S~ RECORDING REpu ESTED BY: CITY OF AANCNO NCAMOnGA P, 0. Boa 807 Rancho Cucamonga, California 91730 NHEN RECORDED MA [L T0: CITY CLE9K CITY OF RANCHO CUCPMONGA P. 0. Box 807 gaucho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIYEN THAT: 1. The undersigned is an owner of an interest ar esf ate in the here ina/t¢r described real property, the na LUre Of which interest or pit ate i5: 0. R. 83-10 2. The foil name and address of the undersigned owner is: CRY OF 0.RNCN0 CUCPNONGA, 9320-C Base Line Road, P. 0. Boa 801, Rancho Cucamonga, California 91730. 3. On Me 5th day of dune, 1985, there was completed on the• hK¢in after de scN bed real property fhe work pt fmprovement set forth in the contract documents for: 0. R. 83-10 A. The name pf the Original contractor for the work of improvement ds d M1101e Mds: Julius 6 Charlene Viana 5. The real property referred to herein i5 51 Coated in the City of Rancho Cucamonga, County of San Bernardino, California, an! is described as follows: 0. R. 83-iJ [tTY Of RANCHO LUCRMONGP, a municipal cOrpor atlon, Owner L Oy MV 5, y ng meet • S~ RESOLUTION N0. ~E"o-=oa~ai~R ?S-~~9 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRL IFORN IA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D. R. 83-10 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D. R. 83-10 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 5th day of June, 1985. AYES: NOES: ABSENT: • on D. Mike s, Mayor ATTEST: Beverly R. Authe et, ity er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adfourned) meeting of said City Council held on the 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. Bever y A. Authe et, City C erk S' >. n rmv nc n , e.n vn nr~n , nrn~,n , • STAFF REPOftT ~~~ x ~ ~? F GATE: June 5, 1985 - -- I9ri T0: City Council and City Manager FROM: Lloyd B. Hubb s, City Engineer BY: Barbara Kroll, Resistant Civil Engineer SUBJECT: Release of Reimbursement Agreement for Street and Drainage Improvement at Foothill Blvd. and Hellman Avenue and Lien requested by Lewis Development Co. for the improvement of Hellman Avenue at Foothill Blvd. On June 29, 1983, Lewis Development Company entered into an agreement with the City of Rancho Cucamonga, to reimburse the City for street and drainage improvements benefiting their property located on the southwest corner of Hellman Avenue and Foothill Blvd. prior to building permit issuance. Lewis Oeve lopment has re imhursed the City E66,422.00. The total amount required to release the lien agreement. RECONMENDATION It is recommended that City Council adopt the attached resoltuion releasing said lien agreement and causing a Notice of Release to be recorded. Respectfully su~rlnitted, Att dthments 53 RECORDING REQUESTED BY • AND 41HEN RECORDED MNIL T0: cm aERx cm a RAXI110 COCAININIJ1 R. o. Box ND7 RAIIGN) CUCAMIXIGA, DAL[iOXNIA 91710 NOTICE OF RELEASE OF LIEN Let notice he given that the City of Rancho Cucamonga hereby release its lien which it had caused to b¢ recorded on the land Nereinafter more fatty described, said lien having been of aced thereon by the recording of a contract between the Lity of Rancho Cucamonga and Lewis Deve lppment Lompany dated June 29, 1983 and recorded August 9, L983 as Document Na. 83-180339 Recorded in Official Records, San Bernardino Lounty, State pf California. The des cr iptl on of the land is as follows: That portion Of Section 10, Township I South Range 7 Rest San Bernardino Meridian, fn the City of Rancho Cucamonga, County of San Bernardino, State p. [al ifarnia, bounde0 as follows: DN THE N00.TN BY: the south line oI FOatM 11 Blvd. as described in a deed to San Bernardino County recorded in Book 7464, Page 497 on June 1B, 1970 as Document No. 681 at Official Records of the County Recorder of said county. ON THE REST BY: the north Line of Tract No. 9003-2 in safd City as per map filed in Map eouk 130, Pages 14 S IS in said Recorder's Office. ON THE EAST 8Y: the west line of Helms Avenue as said west line fs described fn deed recorded in Book 8948, Page 875 on June 1S, 1976 as Document No. 611. CITY 6 RANCIXI NCAMONGA, CAL Ii011X U, a municipal corporation BY: r ~1~ ,. SN ' r ~ . RELORpi'c AE;aESiEp Br 8r~_180338 :-=I".~,_;..,_„-~- A;;o ` City Clerk - ~ • ~ar r- aabce0 L. r...Ga 9 ^ ° l r I:J },-c ' L- .. . .. ,~•C G C"~ ': i ce Box : ,f ost Ra ncnc ,u canon ga, CA 51 E1G ~ . .. . G 41 RE P'd ORS'c IE':* aGRE E". EIR FOR ' STREET AIIO CRA: ;A 6E Ifl Pa O'I ~1E':T C AT FOOTR iLL Boll:c/AF] A'10 HELLP'a'1 A:'E'IL'E C' THIS aGR EE IEI:T, naEe anE entered into :his 29th day o` June, 198], by anE he'vween ine QTY CF Rp::CtiO C APi C';G r, Cali Porni a, a Hunt tipal corpora ;i on, Hereinafter called "CITY", and LEUiS OEVEL OVIIENT CG., a general partner- ship, he ref oaf Ler called "QIR ER", provides: ., ... ESS ETH E;S, !n the ocini on of the L:TY it is Cesi ra ble flr the ennanC e~.e n[ of l pu h ii nea!th and safety and for vat tic efficiency [o widen and provide dra ina:e ,~~prov rents at the tote rsec:i on of Poo th ill 3cul ev and and Hel loan Avenue; and 1lM EA EAS, said inprov eCen[s will Le nefit W;IER m the extent of relieving fro nfi rg properties of n0 m al dev elppre nt requirrents; and WP,ER EA$, it is Of nu to al benefit to ;he gn'Il Ed and the C,T. to prcceed ~wi ;t • za id project as expedi ;i qu sly as pps si Sle, ligi, TN EA EF OR E, THE PA R'iE9 AGREE: 1. The ^TY herety agrees t0 construct [he Feoth ill Bpul erard-Neliran av eeue I^:e rzer L•on ?rojeC, Hereteaf ter Ira wn as "P4 CJE^", with UTY tunes and provide to C:1:1ER no ti cQ of expo ndi tv re zoo r, eaiza tiers of all cost reiati ve to said PRCJ Er- upon cc-.pied on. Such cons VUC :i pn Shalt calrnQn.Q w1 L~ln Q15if tQ°n j: Ci) ^or•;r; `rorl :^e da;? Of execu [loo of this Ayreren[, fatting ,;m cn ;n is Agrerent shat. ;em'na;e and Ce of no further force or effect. 2. IDe CH IIER agrees for considers ;ion of ;he inprov rents (^, rovf ded by the CITY to the WIi ER's pro perry des vitcy in the attached EMioR A") to re i,a W rse the CITY the prppo r;i Dnate sha ra of in pravener is prov ldeC by the pra ject pl uz ten pe r eni (IOL) per ann un sin ple i nteres[ frm date of con pleb on of said wrk. 'lo further inprov evens upon CA',E A's prover [y shall be cOns[rpc^^-eC, and no Huildirg pe mi[ `or any i-prove-,en is on C1;G Ea's property shall Se issued until one of Me `ol!ori ng recalre-ie n[s has Heen cdnpiied wl the (aj G'.i6 E>, shall have fully re rr to rs ed Cne :ICY for the a^.cun[ Cue as herein provldfd; cr iHl ER mall have tendered to Che CI it a letter of vedlt in the 014'1 full axle un[ of [hQ es[i~;a to shown on Exhibit 9, which letter of cred ~: nay Ce Cra wn upon by Ue CITY sn ;he a-ount oseC by 0.1h ER pursuant to Parag raon 3 upon caiDl e[i on of the PAOJ ECT and audit Of all casts; DrOVid ed, however, that ;u ch ie[L^r of cretlit shalt bP dra bn vDOn Only after Su G'n [t dl O1 CITY'S Ee~and for Da y'IQ nt t0 GnER and a subsequent failure or refusal of RInER to pay wl th In thirty pol days thereafter. 7. The pro pores Ona to cos[ of Ne PR GJELi attrtbu teC to PAiE R's property sh ail cans ist Of the actual cost of those street and drainage viprov even is fronting on OAIIER'z pro Ce rty exie nCing t0 :he cer[erl ine of ia0 [h ill Boulevard Or Hei loan av enve. the quantity suanary and ' Rein pu rs went A9r~ent ~ • ' .• Rage 2 cost es Lima [e are shown on EahiDi; "7". Ac [u al costs shall b¢ de:e nni ned oY the CITY upon ca-.p'.e:i cn o` :h= oA0JEL7 and audit Of atl costs; DrOV idea, however, tr.a; casts ex: eediny one hundred tuevty percent (120;, of said es Cin2[e shill be at i".e so18 rizY, and ¢xpen s4 of UiY. 2, this a9 reenan[ shall pe recordeC in the 0"ice Of the San 9e rnardinD County Rece rder and dI;. ER's oS!iya:+on he reuntler shall un ui ih Od tlE3's grope r:y until wch tsne as all of P,';IER's oblriya ti ons ~ he reuneer have Seen disc ha ryed, at which tine CITY shall execute a C. quit Gain geed, or similar elease, in a fom sa [i sfacto ry to clear ~ ti tl¢ to the pro o¢rty. r~. 5. This ag reenent shall Ee binding upon and shall inure Co the benefit of the heirs, executers, adnieistra tern, successors, and assigns of each G= of the oa ri es ne re W. ~^- 6, If legal action is conmen ~ed Co enforce any of the provisf ons of this Ay resrent [o recover any suo whicD the CITY 1s en Ci tl ed to recover froo fhe OUOE9 hereunder, [he prevailing oa rty shall De entitled t0 recover its cos [s and such reasonable a:co rn ey's fees as shall Oe awarded py the Lourt. ]. ih is Ag ree~aent shall na[ cans ti fuY a yar tner5hip, agency, or other business rel a;i onsnip be deem :he pareses hereto. CITY agrees to save, indemnify. and hold 0.JIIER ha mless eg ainst any and all lia biti;y, dams, judgments, or deiane s, eri si n9 directly or inCi rec tly out or the obl is ati ons herein unOerCa ken, ind Ud ing rea sp n2 hte attorney's fees incurred by O.:RER by reason of such na ::ers. I11 ;/l iI ESS HIIER EOf, [he par[f es hereto have execu [etl [MS ag reenent On the• day and year H rst above wri Lien. "C:TY" "OHNEA" c;ir E- aarceo cucanc~i6A, ~ te.r.s 9 ~c="ERr ce.. a rum ci pal cc rpo ra [i on a general pa ^re rs h'~p ley0r rm Tim :cs ., trpn vc ,;gent attest ~y~..r:.r~4 dv tdV as C~ 900/x 062987 rt. ~ °~ r =~ t- .~ EXHIB[T'd' OtYNER: LEti15 DE VELOP.tiENT CD. ASSESSOR'S NO.: 90A-^.61-T6 B YB • LEGdL DESCRIPTION: That portion of Section 10, Township t SoUlh Range 7 {test Son Bemerdino Sleridian, In th Ci:y of Rancho Cucenange, County of San Bernardino, State of Cehfornie, Sounded as lollows: - ON TlIE NORTN eY: the south line a( Foothill Blvd. es described in n deed to Sun Eernardino County recordetl in Book N6J, Pege J97 on June I8, 3950 as Document No. 68l of 0[[iciel Records a[ the County Recorder of said County. - ON THE WEST 8Y: the norN line of Tract No. 908J-: in Said City as per map filed in )iep Baok I]0, °•ges iJ @ IS in said Recorder's Office. -ON TIIE EAST BY: the west line of Helms .4venuc es said west line is described indeed recordetl in Bo°k A9J9, Pege 876 an June l6, 19i6 es Document No. 611. S7 G C F~~ G G: (I .. ~ 7 _ CITY OF RANCHO NCAAORGA CONSTRUCTION ESTIMATE For Improve,.en; of: Foolhi 11 and Hellman Improvements - Lewis Development Co. Oate: March 27, 198J [oaput ed 6y: John L. Martin NOTE: Omes not include current tee for wri[ing permit or pavement deposits. CONS?RUCTIOY LOST EST IMpTE I T_N UPp YTITY UMI7 VY I7 LGST f A" P.C.C. Curb - 12" C.F. 375 L.F. 8,00 3000.00 P.[.C. Cu r6 de [u rn ii C.F. 8.00 440.00 C Street Ezcau act on L.f. 4,575.00 Lru shed Agg regale Base 261 Tons 6.00 1567. i0 ~ A.C, (over 1300 tans) 670 Tons 30,00 20,000. CO ~ C r Removal of A.C. Pav event Lf. 2,250.00 i_ Removal of P.L.C. Lurb L.S. 1,750.00 Stop Signs 1 Each 250.00 250.C0 Removal of Ln annels L.S. 2,2:0.00 R.C. 8oz 46 L.F. L'i.CO fi,fi2S A0 Ou[le[ Structure Std. 6C2 1 Ea, 21,875.00 Traffic Lontrol L,S. 1,GGJ.OG Plug Eaist. Boz L.S. I, 000.00 CONSTRUCTION COST 5 61,582,50 • $ 8 E%NIBI1 ^8" RESOLUTION N0. F06-~86-2dR- SY '/6 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REIMBURSEMENT AGREEMENT AND LIEN FROM LE'W IS DEVELOPMENT COMPANY 'WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 83-56 accepting a Reimbursement Agreement and Lien from Lewis Development Company; and WHEREAS, said Reimbursement Agreement was recorded in Official Records of San Bernardino County, California, on August 9, 1983 as Document No. 83-180338; and WHEREAS, said Reimbursement Agreement and Lien is no longer required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Reimbursement Agreement and that the City Clerk shall cause a release to be recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: • NOES: ABSENT: ATTEST: every A. Ruthe et, ty er on ~ i e s, Mayor I, BEVERLY R. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify tha*, 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 an the 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. every ut e e , ity er 59 `J STAFF REPORT V~ GATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Michael D. Long, Senior Public Works Inspector `J ~~.,..,NO~ Z~ + ~`~c =`I ! ~ ;~ ' _ 1977 ,I SUBJECT: Acceptance of Lemon Avenue from Hermosa Avenue to Haven Avenue and filing a Notice of Completion for the work J n LJ The improvements for lemon Avenue from Hermosa Avenue to Haven Avenue have been completed to the satisfaction of the City Engineer, It is recommended that Council authorize the City Engineer to file a Notice of Completion and release the Faithful Performance Bond in the amount of E137,223.00 and retention in the amount of E15,352.17, RECOMMENDATION It is recommended that Council accept as complete the Improvements for Lemon Avenue from Hermosa Rvenue to Haven Avenue and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release the Faithful Performance Bond and retention. Respectfully subm tted .~~ ~ / '~ LBH:MOL:jaa Attachments (00 RELOADING REOU ESTED BY: CITY OF RANCHO CULAMONGA P. O. Box 801 Rancho cuc ampnga, California 9173^ NNEN AELOROEO MAIL T0: CITY CLE0.K CITY OF AANCHO CUCPMONGA P. 0. Bas 80] Rancho Cucamonga, Lal ifarnia 91730 NOTICE OF COMPLETION NOTICE iS HEREBY Gi VEN THAT: 1. The undersigned is an owner of an Interest or estate in the hereinafter described real property, the nature of ehi ch int¢rest or estate 15: 1MPROVENENTS FOR LEMON AVENUE 2. The full none and address of the undersigned owner is: CITY OF RANCHO CVCAMONGA, 9320-r Base Line Road, P. 0. BoK 807, Rancho Cucamonga, California 91730. 3. On the 5th day of dune, 1985, there was completed on the • hereinafter de sc rifled real property the work of improvement set forth in the contract documents for: INPROVEMENTS FOR LEMON AVENUE 1. the none of the original contractor for the work pf improvement as a whole was: VAL FOTN A SONS 5. The real property referred to h¢rein is si coated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: LEMON AVENIIE FROM HERMOSA AVENUE i0 NAVEN AVENUE CITY OF RANCHO CUCAMOMGA, a mun icfpal corporation, Owner ate L py Nubb s, qty ng meet • r,~~' 6 RESOLUTION N0. £66-95-928 8 ~ -~ `~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCP.MONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR LEMON AVENUE ANO AUTHORIZING THE FLING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Lemon Avenue from Hermosa Avenue to Haven Avenue have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: U ABSENT: on Mi a s, Mayor ATTEST: ever y A. Authe et, ity er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. ever y A. Aut a et, City C er jaa (p } nrmv nn n ewrnvn nrrn nirnvn., STAFF REPORT DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineer Technician `~`O L~`..,.,~t ~ J ~, ~ ails .~T .. '~> J J IaT- SUBJECT: Acceptance of Improvement Agreement and Improvement Security and Real Property Improvement Contract and Lien Agreement for D.R. 84- 48 located at the northeast corner of 6th Street and Utica Avenue submitted by The Second R.C. Group The subject project, located at the northeast corner of 6th Street and Utica Avenue is submitted by The Second R.C. Group, a Limited Partnership. D.R. 84-48 was approved by Planning Commission on November 28, 1984 for the development of an 80,000 square foot multi-tenant industrial park. An agreement and bonds have been submitted in the following amounts to guarantee the installation of off-site improvements: Faithful Performance E7,600.00 Labor & Material E8,760.00 A Real Property Improvement Contract and Lien Agreement is also submitted by The Second R.C. Group, a Limited Partnership, for the future construction of a median island on 6th Street adjacent to their project. RECOIRAENDATION It is recommended that City Council adopt the attached resolutions authorizing the acceptance of bonds and agreement and accept the Real Property Improvement Contract and Lien Agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. Respectfully submitted, ~~~~ ,~ ~~G~,t ~' LBH:LB:k`o Atta~Chments G3 CITY OF RIINONO LIICAMON6A IMP ROYENEXT AGREEMENT FOR O.R. 81-IB kNON ALL MEN BY THESE oRE5ENT5: That this agreement is made and entered into, in conformance with the provislons of the Municipal Code and Regul atf ons of the City of gaucho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the Lity, and T 6 ~ - ~ ~ ~ ~ > > /} ~„U ! } ~hrnY tfn ~ her e~naf ter re a red to as the eve oiler. THAT, NHEREAS, said Develwer desires to develop certain real property in said City located an the northeast corner of Utl ca Avenue 6 6th Street; and NNEgEAS, said City has established certain requf rements to be met by said Developer as prerequisite to granting of final approval; and NON, TNEREF 00.E, it is hereby agreed by and between the City and the Developer as follows: 1. The Deve toper hereby agrees to construct at Dev elOper's et pence all imprOVem ents described on page 6 hereof within twelve months from the date hereof. 2. This dgre<m <nt shall be effective On the date Of the res olutton of the Council Of safd City approving this agreement. This agreement shall be in default on Che day fOllow- inq the first anniversary date of said approval unless an ext en• sion Of time has been granted by said Cfty as hereinafter provid ed, 3. The Developer may request additional time in which to complete the prov isi0ns Of this agreement, in writing not Less than 30 days prior to the default date, and including a statement of circumstances of necessity far additional time. In considera- tiOn of tote reques(, the Gity reserves the right to re of ew the provisions her e0f, including cpnstruction standards, cost estimate, and cuff icl en cy Of the improvement aeGUrity, and [o require adJ ustmen[s thereto when warranted by substantial changes therein. 4. [f the Developer fafls or neglects to comply with the provislons Of this agreement, the City snatt have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon to recover from said Developer and/or his Surety Me /uli cost and expense fncu rred in so doing. S. Construction permits shall be o0talned by the Oeve1- oper from the office of the City Engineer prior to start of any work within the public right-of-way, and the developer Shall conduct such work in full <ompli ante with the regulations contained th er of n. Non-cOmpli an ce may result in stopping Of the work by the City, and assessment of the penalties provided. 6. public right-ef-way improvement work required shall be <OnS [rutted in COnfprmdn<E with approved improvement ill do s, Standard Specif icatl on s, and Standard Drawings and any spe<f al • 'w'~ G y amendments thereto. Construction shall include any transitions and/or other incident at work deemed necessary for drainage or Oublic safety. Errors ar ommi scions discovered during construc- tion shall be corrected upon the direction of [he Lity Engineer. Revised Nork due to said plan modifications shall Se cpveretl by the provisions of this agreement and secured Sy the surety covering tAe original planned works. 7. Mork done Ni thin misting sGe¢CS shall be dillgeni- ly pursued to completion; the City shall have the right to comDl ete any and all work in the event of unjustified delay in completion, and tp recover all cost and expense incurred from the Developer and/ar his contractor by any lawful weans. 8. The Oeveioper shall be responsible far replacement, relocaxipn s, or removal of any component of any irrigation water system in conflict with the repuf red work tp the satisfaction of the City Engineer and the owner of the water system. 9. The Devet oiler shall be responsible far removal of all loose rock and other debris from the public right-of-way. 10. The Developer shall plan[ and main[ win parkway trees as directed by the Community Development Director. I1. The improvement security to be furnished by the Developer to guarantee completion of [he terms of this agreement shall Se subj e<t to the approval of the City ALtorn¢y. The prin- cipal amount of said improvement security shall mat be less than Che dmnUnt ShONn: • ~';. G ~" FAITHFUL PERFORMA NLE Type: Bond principal amount: 3],500.00 Y ame and adJ Tess of surety: .^.e dmc:ch:: -~ C^rFa:r, of - re^a-s ssbm_ :1e kLCd insurance Ccocp, 2150 ich dcecce, P 0. ens s'S55:, sar. C¢ao, CA 92130 MATERIAL AND LRBOR TYpe: Rond Principal Amo unc: 53,750.00 Name antl addr¢is of surety: amr: r.:^s;rance Cx{any of the Frre-zIDs F1irv3 [rsurance Group, 255D Sfh Avence, o. p, Sox 9551 i, San Gaego, CA 9Z11E CASH DEPOSIT NONUNENTIITION T YPe: N/A ?r+nctpal Amount: game and address a/ surety: TO BE POSTED PRIOR TO ACCE PT~NLE er THE CITY IR RITNESS HEREOF, the parties hereto have caused these presents to De duly executed and acknowledge with all formalities reRuired Oy law on the dates set forth oppasi to their signatures. THE GECOYJ R.C. GRO CP, A Lammed Part ne[sh ip By: Pac_f>c Scene Pzoper[19s, a Cali:ecn za General Parlnersh:p Hy: Pact: a sc e..^.e ioveslme nes. Inc. Mona gang Ganezal Pail r.c: Date ":,. by V'. .- :~!/. ~ Developer ' Kenne['n 5, spear,"", zce Pres itlenC Ac cep[eJ: City of Rancho Cucamonga, California A Manicipal Corporation By: _ A [[CSt: Mayor Approved: i[y Attorney Corp. a PAnno of pntnarMip tT VF. nF CV.Il OP,41A r"~~ ~ rc rm •.n nv~,,,, a nT ,. MaY n t Rs nnar<m..m<:,m<r„.nre,. ~rn,rr Pln x<~..rn Lrr ' ~ v iJ ( .a nJnJ ,i :lr peril mn:h .lp rN Kenna<F ~. C~- ~ ~ Oe nn mllr Ynpun rn mel.r pain <tl'.n m<nn ne M.r nl ,n n(at mr n Vl J [ n I ~ r m < ln Ae -S_pmiJe nl ,nA ' Iv Ynnun In m<:nr mmNln mt In n< Oaw nl r e:Lgnr~. eun . Rvvn ^~I n < IA< r pn,,rl.,.n'Frr <rtt:1e0111[v:rFrn inrr, n ,nJ Ynn~n ra n!In ht the ptrrn Jl urn e r J m ' n rrnr f e +rm•n n nr 1.rF rll nl r,:J t: ran nn m,:d [nr prrra llnn n~P Yenn^s < oe rnr rnmr~r nr T^^ _ _ _ • i,. <.•mlp m,I ..<[ ..d ,^:. m., nammt~r . e JO p~ v. Ire llr:,[,nt ~ ~~no eM 1, r nnl ~<e a l r o„ ,: _ Nwrv s nff -__.-...._.__-..~,~ ~+mr 1, Pr,I nr Rm•..I~ Amur P+hLt .e and L.nud r,.nnry and Lm m.a nm nmI ..~... / / rtYU .n,ra +q..I +xnnl .ue • Lrrr DE RAxao cutulDnGA • ENGI NEE0.IXG DI VIS [ON ENLROACHNENT PERMIT FEE SCHEDULE For Improvement: Utica Avenue 6 6th Street Oate: 4/24/95 Lmn puled by: 8K File Re erence: Lily Dr awi pg Yo. NOTE: Ooes not include current fee for Nriting penit or pavement deposits p'AN-ITY UY I' 'rEM PRICE AMOONT L.F. P.L C. curb - 12" L.F. 24" gutter 7.25 L.F. P.[.C. curb - 8" C.F. 24' gutter 6.00 L.F. P.C.L. curb only 5.50 L.F. A.L. berm 4.50 ~ S.F. 4" P.C.C. si dewatk 1.75 9 p J - -23tf- S.F. Drive approach 7656d 2.50 S.F. 8" P.C.C. cross 9utt er (inc. curb) 3.40 C.Y. Street exc av ati an 1.50 C.Y. Imparted emban kmen[ 1.50 S.F. Preparation of subgrade 0.15 _ S.F. Crushed agg. base (per inch thick) 0.03 TON A.C. (aver 1300 tons) 2]•00 TON P.G. (900 to 1300 cons) 35.00 TOY A.[. (500 to 900 tons) 45.00 TON A.C. (under 500 tons) 60.00 _ S.F. A.C. (J" thf ck) 0.55 S.F. Patch A.C. (trench) 1J5 S.F. 1" thl ck A.C. overlay 0.30 EA. Adjust sewer manhole to grade 250.00 EA. Adjust sewer clean nut to grade :50.00 __ EA. Adj us[ water valves to grade 75.00 - - • ~- EA. L.F. Street lights Barricades (intersec. 1500 min) 6bT.6l :000.00 3. 1.00 L.F, 2 x 4" redwood header 1.75 S.F. Renaval of 0..C. pavement 0.35 L.F. Removal pf P.C.C. curb 3.30 LF. genov al of A.L. berm 1.00 EA. Street signs 200.00 EA. Reflectors and posts 75.00 Lf, Lon Crete Mack wall 25.00 S.F. Retaining wall 20.00 TON Aggregate base ].00 C.Y. Conrrete structures 425.00 _ L.F. IB" RCP (2000 D) 29.00 L.F. 24" RLP (1500 O) 35.OC L.F. 36" RLP (2000 0) 49.00 LF, 48" RCP (1200 D) 76.00 EA, Catch basin b = 4' 2000.00 ER. Catch basin N = 9' 2900.00 EA. Catch basin N = £2' 4500.00 -- EA. local depression 4' 500.00 EA. local depression I2' 1000.00 EA. Gunc ti on strut! ure 5000.00 EA. Outlet str uciure, Std ASOfi 150C. 00 EA. Outlet strut CUre, Std !507 500.00 EA. Guard posts 40.00 Lf. Guard panel (wood) 25.00 L.F. $dwC Ut 2.OD EA. Headwall (48" sing) 4000.00 L.F. Redwood header 1.75 S.F, Landscaping 6 irrigation 2.75 LF, Roll curb (P .C.C.) 7.50 EYGINF.E9ING INSPECTION fEE 5375.00 503 TOTAL 36 790.00 aRESiORAi:ON /OELINE ATION CASH 00. O COtIT INGENCY COSTS ~~ DEPOSIT (AEFUNOABLE) FAITHFUL PERf ORPANLE BONG (100%) ~6 MUNUMENi4TI0N SURETY (CASH) N/A LABOA AND MATERIAL BONG (50%) ~0~ aPuriuanL to Litt of RancnO CucMan9a Hun tcipal Code, Title I, CAapter 1.08, adopts n9 son Bernardino County Cade Titles, Chapters 1-5, a cash restoraH On/delineation deposit snap he aside prior tp Issuance of an Engineering Canstructlon PeA1t. r~~ ~ Aevi sed 3/84 G 7 RA.CCpO ?.\C IF IC 3CSI5E55 P.4L( BOKD N0: 'JI :9 J1 90%D PgL'I 1191: iPi.00 • FAITHFUL PERF ORNAHCE BONG NHERERE, the City Council of the City of Ban chp Cucamonga, State of California, and ^ (heref natter des+gnated as "pn nclpa have entered into an agreement whereby principal agrees to install and complete certain designated public imOrovements, which said agreement, dated 19B and identified a5 project .A. -1 is hereby referred to and made a part hereof; and, NMEREAS, said principal is required under the terms of said agreement t0 furnish a bond for the faithful performance pf sa10 agreement. NON, THE BEFORE, we the principal and THE :IMERILAN NRCCViCE fGMp,a}y as surety, are held and firmly bound unto the Its' y of Rancho Cucamonga (h erei na/ter called "City"), in [he penal sum of Seven Thousand Five Hundred and 00/l00 Ootl ors (51,500. OJ) lawful money of the United States, for the payment of which sum well and truly to De mane, we bind ourselves, our heirs, successors, exe tutors and administrators, jointly and severally, firmly by these presents. The condition of this obligation 1s such that if [he above bounded principal, his ar its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide hy, and cell and truly keep and perform the covenants, conditl ons an provisions in the Bald agreement and any alteration thereof mad as therein provided, on his or their part, to be kept an performed at the t7me and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and Save harmless Lity, its dfffcers, agents and employees, as therein stipulated, then this oDilgatipn shall become null and void; otherwise, 1t shall be and remain in full farce and effect. As a Dart pf the obligation secures hereby and in addition to the lace amount specified therefor, there shall De included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such ool iga[ipn, all to be taxed as costs and included in any judgment rendered, The surety hereby stipulates and agrees chat na ch an ye, e xt ensi pn of time, otter anon or oast ti on to the terms of the agreement or to the work tp be perf armed thereunder or the speci- /ications accompanying the same shalt to anywise affect its obligations on this bond, and It does hereby waive notice of any such change, extensf on of time, alteration or sae; tine to the terms of the agreement or CO the work pr to the specs/icatipnz, IN NI7RE S5 NNER EOF, this instrument nos been duly execu [ed Oy the Drinci pal and surety aDOVe named, on >ss\' 9. lne5 L98 Y5 iIIF Sf,COSD R.C. GRODP, A LlmAed Par rna r5h4P OV: PdC1P [C Sf,RY F. PNOPEAT tEF~ A CAOIFOeN pJ :P;:f R,\L P\0.t9ERB111P ,\N qE°ER.\L .^dR:XiR INE ~l•!ER If,I': I$$I. R.\Nf,E CG!T,\S5' e vel Doer urety 0f: Pat: F.c Scene tncestments, Inc. ~j ~~ :, LROfEA M/an/~+ga~n/g' Ge`9eiat Partnet sV~'/ Q Ry;~N,~'"~ J 5~,,- -L' Attorn -I n• act • Ne nnet^ 5. Spe t, Vice Pres tdent PLEASE ATTACH POMER OF ATTORNEY TO All BONDS SIGXATURES XD Si BE XOTAgIZED r,8 • eC::D PR E:!I LA: !JCL'JDED LABOR pN0 MATERIAL MEN BONG NHEREpS, the City Council of the City of Rancho Cucamonga, $C ate Df Cdl if Orni d, and .8E is LO::', R.C. LRnI'P. i :.:::!: E7 ?dRC::E35R IP (hereinafter deli gn ated as "pr~.~crpai", have enter=_d loco an agreemen[ eher¢CY princi pa'. agrees :o install and cDnPle:e certain deli gn rted pualic imprpvem cots, which said agreemen:. dated , l9d and idea[{fled as pro; =.ct 0... 9a-J3 a hereby ref erretl Ca and grade a part hereof; and WNEREAS, under [he terms of said agreement, principal is required before entaring upon the pert orrn an ce of the work, to file a good and suit icier[ payment bond with the City of don cho Cucamonga to secure the et ai.ns to which reference is wade in Title 15 (cpmnencing with Section 7082) of Part 4 of Oivisi on 7 of the Civil Code of the State of Califarni a. NOU, THEREFORE, said principal and the onde -signed as a corporate surety, are held `irmiy b0'J nd unto CNe City of Rancho Cucamonga and all contractors, subcpntractOrs, lobo^ers, material men and other persons employed in the perf orm ante of the aforesaid agreement and referred tp in the of ores aid Lode of Civil 7rocedure in the svm of ihre_ thousand Seven Hundred Fifty and 00/100 Oolt ors (33,750.00), for materials furnished or labor Cher can of any kf nd, ar for amoun!z due under the Unemployment Insurance Aci with respect tD such work or tabor, that sale surety will pay the same in an amount not exceeding the amount hereinabp ve s¢t fart n, and also in case suit is brought upon this band w177 pay in addition to the face amount Chereo/, costs and reasonable expenses and fees, including re asnnable attorney's • fees, incurred Sy City 1n successfully enforcing such obligation, [o be awarded and fixed by the court, and tp be [axed as costs and [o be included in the judgment therein rendered. IC is hereby expressly s[i pointed and agreed that this bon0 shalt inure tp the benefit of any and all persons, companies and c orppr atiDns en ti Cleo to file clal ms under Title 15 (cowmen Bing with Section 7082) of Part 4 pf Oivison 7 a9 the Civil Code, sa s as to g1 v¢ a right of action to them or their assigns In any suit Drought upon this bOno. f Should the condition pf this bane be fully perf armed, then this obligation shall become null and void, otherwise it ih all be and remain in full force and effect. The surety hereby stipulates and agrees that r.o change, extension oT tf me, alteration or aedi lion to the terms of said agreement or the specs/ications accompanying roe sane shall In any manner affect its obligations on this bona, ana it does here- by waive notice of any such change, extension, alter a[ion or ~ addition. IN NITYESg NNERE OF, this Instrument has been duly executed by the principal and surety above named, on w\v a toes 198 fly THE SEGnJO R.C. LROCP. A LNITEp PTRT\ER SiRp THE ANERIGU [Y SL'0.:RLF. Cp`,IPh\Y 6Y: PdCIF [L £YE P. _. fES, .\ C.a LI FORX L\ ure[y,~ LE:ILLIL Pgai::E0.51it P, As ,E%f.R.\L PARt:gR '-+y;~.Y -, LROVEP BY: Pn,~vfvc Scene Investments, Inc. CYdO ~ ~ ~- Men~:g[n~/y,,Gen r Partner {F[torn ey- -r ac BY: _~Lw'/ L~~ Kenneth 5. ~•nM Vtw Pres vd PLEASE ATTACH POKER SG1 tpTTORNEY TO ALL BONDS SIGNATURES MUST BE NOipRi ZEO G9 r~ a. • RECORDING REpV ESTED BY: and VHEX AEC00. DEO NAIL T0: LIiY CLERK CIiY OF RANCHO LD CAMON GA D. 0. Sox 90I RANCHO WCAMON GA, CALIFORNIA 91]30 PEAL DPO DERTY IMDPOYE MERT COXTAA[T AND LIEN AGREEMERT THIS AGq EEMENT, made and entered into this day of 19 by and between t~G 5~,~/(ll ' C (.m v0 Q L,,n. lp ~~ r'3S.ONCJ'SN (hereinafter referred to a5 "Developer^), and the C[TY OF AANCNO CULAMONGA, GAL IFORN:A, a municipal corporation (hereinafter referred to as "City"l, pro vtdes as follOrs VNERE AS, as a gener at candi ti on precedent to the • is5u an ce of a building permit for O.A. 84-49 development the City requires the cOnstructi On of missing off-site street Improvements including 1/2 landscaped Median [sl and adjacent to the DrOperty to be tlevelope d; and 'd HE0.E A9, the Dev el peer desires [o ppstpone construction of such impr ovemen[s until a lai er date, as determined by the Cttyi and V HEREA9, the Cf ty is agreeable to such postDOnement Orgvi ded that the Developer enters into this Agreement requiring the Developer to construct said improv e~^en ts, at no eepense to the Lily, after demand to d0 s0 by the C1ty, which said gyreement shall also provide that the City may construrt said imDrovem ents if the Developer fails or neglects to do so and that the City shall have a lien upon the real pro per.y hereinafter Oescrlbed as secari ty far the Developer's performance, and any repayment due City. 1 70 NON, iMEREF D0.E. THE DgRTtES AGREE: • 1. The Developer hereby agrees that he sill fnx[a11 off-site street impr ovemen is including I/2 Landscaped Median Island in accordance and compliance with all applicable ordinances resolutions, rules and regulations of the Lity in effect at the time Of the installation. Said improvements sn all be installetl upon and along 6th Street, not t0 exceed the centerline of said street or beyond the Irontage of the subject property except as re paired to provide for ad e0.u ate drainage and traffic transition per City Standards. 2. the installation of Bald improvements Shall be completed no later than one (1) year fOltoving Hritt en notice tp the Developer from the Ltty to c0 mm ence inst atl ation of the same. Installation of said imDrovemen is shalt De at no expense to the City. • 7. In the even[ the Developer shall fait or refuse to camptete the installation of said improvements in a timely manner, City may at any time thereafter, upon glvin9 the Developer eri tten notice of its intention to d0 50, enter upon the property hereinafter described and complete said improvements and recover alt costs of compl e[ion incurred Oy the City hom the Deveioper. 4, Tp secure the performance by the Developer Ot the terms and conditions of this Agreement and t0 secure the repayment to Cfty of any funds which may be expendetl by Cf ty in cam pie Ling said improvements upon def aulL Dy the Dzveloper hereunder, the Developer does Dy these presents grant, Dar gain, sell and convey to the Lity, in trust, the falloeing described • 7~ 2 real property situated in the City of pan cho Cucamonga, County Of San 2ernardino, State of Lal iforni a, to-ri t: Parcel J of Parcel Mao 6144 as recorded in Parcel nap 6>, Pages 63 -64, Records of San 3ernardino County, State of California. 5. This conveyance is in trust for the purposes describetl above. 6. 9oe, therefore, if the developer shall faithfully perform all of [he acts and things to be done under this Agreement, then tbfs conveyance iha11 Se void, Otherrise, it shalt remain in full force and eH ect and in al! respects shall be considered and treated as a mortgage on the real property and the rf ghts and obllga dons of [he parties •ith respect thereto shall be governed by [he provisions of the Civil Code of the State of California, and any other epp7ica01e statute, pertaining • to mortgages on real property. 7. This Agreement shall be ht nding upon and shalt inure to the benefit of the heirs, executors, ddmlpiatrdt0 rs, succ essOrs and assigns of each of the parties hereto. 8. To the extent required [o gl ve effect of tMs Agreement as a mar tga ge, the term "Developer" shall be "mortgagor" and the City shall be roe "mortgagee" as those terms are used to the the Civil Cade of the State o1 California and any other statute pertaf ning to mortgages on real property. 9. tf legal action is commenced to enforce any of the provisions of this Agreement, [o recover any sum which the Lity is entitled t0 recover from the pevetoper hereunder or to foreclose the mortgage created her ehy, then the prevailing party shall be entitled to recover Its costs and such reasonable aLtprneys fees as sh a71 be aw ar0ed by the COUrt. J 72 18 IIITNESS PHE REOF, the parties hereto have executed this Agreement on the day and year first shove written. CITY OEV EL OPER A L:w:ed TIIE SECJ\J R.C. GROUP, Part cers F.: CITY OF RANCHO LULAMON GA, Pacaf is Scene Prep ert ies, a [AL IFOR NIA, a municipal Calrf orn :a Ge re ral Partners hip corporation By: Paa Eic scene Investments, T 3y: Ma mgmg Gzneral Partner On Mike s I ' Mayor ~ /r, / / `' A iTEST: %znneth s. swear Vice President ' ev¢r y A. Authe ¢t City Clerk ... •. r:... • «..... • • u «<• • • •:: e < • a a a <«<+, • • a. u... • • <<. «.: a <• STATE OF CALIFORNIA ) J 55 COUNTY Of SAN BERNAR DINO) On ,19_,bef ore me the un dersl gned Notary Puhliq personally appeared dON D. MIKELS and BEVERLY A. AUT HELET personally known tO me to De the Mayor ar:d City Llerk, respectively, of the LITY OF RA NLHO COLA NDRGA~ LAL IFOR NIA, a municipal cor DOratipn, and known to me to De Lh persons who executed the w1 Min instrument on Dehaif of saie municipal corDpr atio n, and ae'e npwledged to me that such municipal corpora Lion executed it. NI TNE95 MY HAND AND OFFICIAL SEAL. Notary aigna Lure Cerp. ¢¢ P¢nnx el Pewrwr¢hiP ST<TE nE f. a l.lf On\IA Crll'~.TT nF Sdn B2rndrd in0 f a< „may, a :qp5 1,<In re m< :x under a:a ntd.a \O, ara Yul:li[in AM for +^d Cnu ,and Surt. perwnap ,rMared .ptnonally ,noun ,om<mrv,~~<e.o mt oo m<n,,:;m,.u,o;:o„<.,d<o<n mean. pr<,m<m..:w Def ore r<rao~.n. ,on,.om .:or vroaam m<n:, mt :nq, or orvorroo:, mn <.«:::w me .:mm:::ur uw woo.:, roRUOn<m<veaoo, .no«aumd m<.umm ~,~ nmr.: ~I o.a mmouuno~ wd mrron e<~or t:,,.~.:.,m ::, et ~::<ol :e<p,n t., ,I sn~ .. ' a 'i : '_ :, cr< „r Ge 1aF~ me Af/',Y C ~=n )!O to the ~. ~::<.mr ~,nn t. ~m<a m< . n:o ~ ur.r,<o: .oe <r::... ma oer. m<e, a~n <:,r .:~ vo~dm<o m< ~i <cc it. ,!,„:n mm¢J~mn nn„myr~n:r %h tCl ,',h ~'~ - - -.e Merv Sch if aJio \,m n prll nr Pm .~I' ~_ w..m \~a nroFha in, dl„mA<.~.:n vanA,u,r n,~. nn u.we:.: r,n.: un [UFP NOTE: MHEN OOCUMENi IS EIIEDUTED BT A DORPORATION 00. PARTNERSNI P~ THE ABOYE ACRNOMLE DDEMEN7 IS NOT ACCEPTABLE. A CORPORATION /PARiHf0.3RLD~GERASGLE06ENENT IS REUUIRED• ~~ 73 RESOLUTION N0. ~A6-B5~@i'R :7S -/61 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCRMONGA, CRL IFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW N0. 84-48 WHEREAS, the City Council of the City of Rancho Cucamonga, Cal ~farnia, has for its consideration a.^. Improvement Agreement executed on June 5, 1985, by The Second R.C. Group, a limited Partnership, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the northeast corner of 6th Street and Utica Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Development Review No, 84-48; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED 6y the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of . Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT: ATTEST: Bever y A. ut a et, ,ty er on D. idi els, Mayor i, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, da 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 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. every ut e e ity er ~v RESOLUTION N0. E06-OS-06R P~ -~ G3 -- A RESOUJT ION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THE SECOND R.C. GROUP, A LIMITED PARTNERSHIP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, as a general condition precedent to the issuance of a building permi~ for D.R. 84-48, the City requires street improvements, including 1/2 landscaped median island adjacent to the property to be developed; and WHEREAS, the developer desires to postpone construction of such improvements until a later date, as determined by the City; and WHEREAS, The Second R.C. Group, a limited Partnership, executed a Real Property Improvement Contract and Lien Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREOFRE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to Sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. . PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT; ATTEST: every u e e , ~ y er on D. M ke s, Mayor I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 5th day of June, 1985, Executed this 5th day of June, 1985 at Rancho Cucamonga, California, every ut a et, ty er 7T n rmv nn r • STAFF REPORT DATE: June 5, 1985 TD: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 8Y: Linda Beek, Engineer Technician Cl,a.n.HO1, ~O f, -`t 9 ~' / a C ~ ~~ L G • n 19'7 SUBJECT: Approval of Improvement Agreement and Improvement Security for CUP 84-13 located at the northeast corner of Base Line and Archibald Avenue submitted by Sycamore Investments Attached, for City Council approval is a resolution approving Improvement Agreement and Improvement Security for CUP 84-13 submitted by Sycamore Investments. CUP 84-13 was approved by Planning Commissicn on November 28, 1984, for the development of a commercial shopping center. RECDMgERUATIDN It is recommended that City Ccuncil adopt the attached Improvement Agreement and Improvement Security and authorizing the Mayor and City Clerk to sign Same on behalf of the City. 'R~e~/s//p~eJctfully su itted, ~J~ 8 ~~ ,, LN:x o Attachments 76 CITY OF RANCHO CUCA MONGp 1NPROYENENT AGREEMENT F00. PARCEL MAP 9079 (COP 84-13) KNON All MEN BY THESE PAESENii: That this agreement is made and entered into, in conformance with the vrovi sions of the Municipal lode and Regulations of the Lity o/ Rancho Cucamonga, State of Ldllfer0l a, a municipal corporation, he Yeinafter referr- ed to as the City, by and between said City and Sycamore Investments hereinafter ref erretl to as the Oeveioper. THAT, LAMER EAS, said Developer desires to develop certain real property in sate City located at the nor ch east corner of Archibald Avenue and Base Line Road: and NHEREAS, said City has es[ablishe0 certain requirements to be me[ by said Developer as prerequisite to nreati ng of final approval; and NHEREAS, the execution o1 this agreement and Dossing of improvement Security as hereto of ter cited, and approved by the City Attorney, are deemed to be equivalent to prior compl etfon of said requirements for the purpose of securing said ap provai. NON, TNEAEF00.E, it is hereby agreed by and be Meen the City and the Developer as follows: 1. The Oev eloper hereby agrees to construct at Oeve'•Oper's expense all Improvements des crib¢d on page 4 h¢reo1~ within 12 months from the date hereof. 2. This agreement shall be effective on the date of the r esolu[1 on Of the Council of said City appr ovinq this agreem ens. This agreement shall b¢ in default On the day follow- ing [he firs[ anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3. The De velOper may request addi Clonal time in wM Ch to complete the previsions of this agreement, in wri sing oat !ess then 30 days prior to the default date, and fncluding a statement of circumstances o/ necessity for additional tfine. In considera- tion of such request, Che City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of [he improvement security, and to require add ustments thereto when warranted by substantf al changes therein. 4, If the Oevelo0er faits or neglects to c¢m01Y with the provisions of this agreement, the City sh ali have the right at any time [o cause said provisions to be com Dieted by any law- ful means, and thereupon to recover from said Developer and/or his Surety the full cast and expense incurred in sa doing. 5. f,or.s tru ctlon perms [s shah be Obtained by the Devei- oDer from the offic¢ of [he City Engineer prior to start of any work within the public right-o/-way, and the deveiO per shall conduct such work in full compliance with the regulations contained th ¢r¢1 n. Non-compliance may result in Stopping of the work Sy the City, and assessment of the penalties provided. 6. Public right-o(-way Improvement work required shall be cons true [ed in conformance with approved improvement pl ans~ Standard Spec ificatf Ons, and Standard Drawings and any specie amendments there ta. [on stru<ti0n shad include any transitions and/or other incidental Nofk de em¢d necessary for drainage or public safety. Errors Or ommissi ohs dficOVered dur log construo- A ~~ tfOn shalt be corrected upon the tlf rection of the City Engineer. Revised wor¢ due tD said plan modifications shall De covered by toe Drovi lions of this agreement and secured by the surety covering the original Dl ann ed works. 7, Xork done within existing streets shall De dilig¢nt- ly pursued [o completion; the City shall have the right to complete any and all cork in the event of unjuztif ied delay in completion, and to recover all cost and expense incurred from the Developer and/Or his contractor by any lawful means. B. The Oev eloper shalt be responsible for replacement, relocations, or removal Of any component of any irrf gation water system in conflict with the reguired cork t0 the Satisfaction pf the City Engineer and Che owner of the eater system. 9, the Developer shall De responsible for removal of all loose rock and other debris from the public right-of-way. 10. The Developer shalt plant and maintain parkway trees as directed Dy the Lomm unity Development Director. ll. The improv anent security to be faro ish etl Dy the D eveloDer to guarantee com0l etion Of the terms of this agreement shall be subject to She approval of the Ctty pttorne y, The Drin- cipat amount of Sato improvement security shall not be less than the amount shown: u ~~ ~ 9 FAITNF UL PE0.F00. NgNCE Type: 3ond principal Amount: $2],9x6.00 Name and address of surety: NgTERf AL qN0 LABOR type: Dond Principal Amount: f13,9]3. 00 Name and address pf surety: [q6H DEPOSIT MONUMENTATION Type: vrlncipal Amount: N/A Name and address of sYr ety: TO NE POSTED PRIOR TO gCLEPTq NCE NY THE CITT IN NIT NESS NER EOF, the parties hereto have causes these presents m be duly executed and acknowledge with all formal hies required by law on the tlates set fgrth polite their signatures. . ~~TCAM~^NENTe Uate May ] 1985 by !~ r7 I '~ , Developer -~`3tgnatu re enarie~ aeex T i'rlnted • late by Developer • ignature Accevted: City of Ran chq CYC am onga, California A MOnicipal Lprporai ton RY: , Mayor Attest: ADProved: ity Attorney ' StAiS aF CALIFOIIN IA ) { ) 95. COpMTT OF OPANGE J On th t• Ttb dq of May , l9 85, before me, eM undent9ned : • No[arY Pu blle in and (or std GountY and S[a te, pe rer anally •ppeumd ••CNARLES IA N TAP Fnoun •to mm tm bm ••••••••oNE^••••• o! the Jetnt ventunn aE the Je ln[ ventsrc th¢ e.ecut ed the vlah In to a[rumen t, and acknovledaed m m. thrt hm enecuree thm • e both indly ldual ly end a• ouch Jolnt vm tY nr and Ohit tuck letn[ vmntu reaw eecu ud the same. '~ NITNS99 ry hand and of ftctal • .ea l• / naeutrt I q~fws DONmNgD DENIIETT (: ~-r ~wY~` ir.c ~ min l/~~ Eir/,', arww cr~ree m J ..awl A/ ~i a~ ~, Y, bn ~.r In lM l0 I1N Not mry PYbl lc In and for utd Cavnty and 9[m u. ~~ ~9 • CITY OF RANCHO CUCPMONGA ENGINEERING OIYIS ION ENCROACIMENT PERMIT FEE SCNEWLE FOr ImDrOVe9en t: NO r[heat[ COf, of qrc hi bald and Ga Se Lane Oate: 5/2/95 Cpmouted by: Linda Deck file Ae erence: Pa rce~ va0 9 Li ty Oraw ing uo: -37~- _ NOTE: Does not include current fee fpm writing permit ar pavement deposits DDANTITY UNIT ITEM P0.ILE AMO!"+' L_F. P.C.C. curb - 12" C. F. 24" gutter 7.25 L.F. P,C. L. curb - D" C.F, 24" gutter 6.00 _ L.F. P, C.C. curb only 5.50 L.F. A.C. berm 4,50 -SA7ar S.G. 4" P.L.C, sidewalk 1.75 ZT'~^ i9Tf S. F. Drive appra ach 2.50 E.F. 8" P.C.C. cross gutter (inc, curb) 7.40 C.Y. Street excavation 1.50 L.Y. Imported embankment 1.50 ' S. F. Preparation of tubgr ad¢ 0.15 ` S. F. - Crushed ag9. base (per inch [nick) 0.03 -25~ S. F. A.L. (over 1300 tons) 3.00 i0N A.L. (900 tp 1700 tons) 35.00 TON A.L. (500 to 900 tans) as.W -' ` TON A.L. (under 500 tans) 60.00 ' S.F. A,C. (3" Snick) 0.55 ' S. F. Patch p,C. (trench) 1.75 ' ` S. F. 1" Chick A.C. overlay 0.30 ' EA. Atljust sewer manhole to q~atle 250.00 _ EA. Adjust sewer clean out to grade 150.00 ' EA. Adjust water valves to grade 75.00 ~- EA. Street lights f000.OC • L.F. Barricades (intersec. E500 min) 1.00 L.F. 2 x 4" redwood header 1,75 ~- S.f. Removal of A.C, pavement 0.75 -?? -ZSIT- L.F. Removal of P, C. L. curb 3.30 --„ LF. Removal of a, C. berm L 00 ' EA. -- Street signs 200,00 ' EA. Aef lec to rs and posts 35.00 L.f, Concrete black wall 25.00 ' S. F. Retaining wall 20.00 ' TON gggr¢ga to base 7,00 ' L.Y. Concrete struc [u"es 425,00 L.F, IB" RCP (2000 0) 29.00 ' L.F. 24" ACP (1500 0) 35.00 _ L.F. 36" ALP (2000 0) 49.00 L.F. 48" ACP (1200 D) 76.00 ` EA, Catch basin 'tl 4' 2000.00 EA. Catch basin W = 8' 2900.00 _ EA. Catch basin N 22' 4500.00 ' _ EA. Local depression 4' 500.00 EA. local depretsi on 12' 1000.00 EA. dunc Lion Strut to re 5000.00 ' EA. Outlet structure. Std Y506 1500.00 _ EA. Prtlet Structure, Std a50] 500.00 ' ` EA. V Guard Oasts 40.00 ' L.F, Guard panel (wood) 2$.00 -2517- L.F, Sawcut 2.00 -3~^, EA. Headwall (48" wing) 4000.00 V L.F, Redwood header 1.75 S. f. Landsc ao ing A irr ~gati on 2.75 L.F. RDII curb (P,C.C.) 1.50 ENGINEERING INSPECTION FEE it pan nn SUB TOTAL Etc 4:E "AES70RATION/O EL INEATI ON CASH ~e CONTINGENCY COSTS ~-ZiS•". DEPOSIT (REFUNDABLE) FAITNFIII PERFORMANCE BOND (100X) ~)a33[ MORUMENTATION SURETY (CASH) _ N/A LABOR AND MATERIAL BONG (10X1 ~`9T. apursuant to C1ty o/ RaMho [ucaman9a Mum lD lpal Code, title I, Chapter L08, adopting lernardtno County Code Titles, Chapters I-5, a cash restoration/de rynNtlon deposit she be made prior to Issuance of an Engineer ing Construction permit. `~II r . ,,,. 80 Bow VO. 9113033 ' PREHIUH $]11.00 FAITHFUL PERFORMANCE BO NO 'A HEPEA S, the City Council of the City of iancho Luc anp r. ;a, State of California, and Sycamore Investments ;hereir of V• desl~nateE as "principal") have entered into an agreement u'n e•ety Dri m:ipal agrees to install and cpmplete certain tlesinna L=~ public improvements, which said aq weer ent, dated 19D and itlentlfied as proj ec! Parcel ~ ap 9 +s herepy referred to antl made a pa•! he rcpt; and, NN EiE4S, said Orinc iDal is re puired under the terms of said aq reemen! to furnish a bond for the faithful performance of said agr=event. N09, iHER EF pAE, we the print iDal and DEVELOPEP9 INSL+oONCE COHPA: as surety, are held and firmly bountl unto the City v 9anpro Cu<am onga (herein of ter called "City"), in the penal sum pf Twenty-Seven Thousand Nine Nu ndreu and Forty-Six an7 00/170 Dollars (521,946.00) lawf vl Toney of [he United States, for the payment of which sum we ll antl truly to be made, we bind OIIr5C1Ves. Onf 11e (rs, 500OesSOr s, eRecutOrs and dd:AiniStr dtOrS, jp intly and severally, firmly by these presents. The condition of this obligation i5 such that if Che above hounded principal, his or its hers, ex ecutDrs, atlministrators, successors or assigns, shall in all MingS stand to and abide by, and well and truly keep and perform the covenants, conditions prpvis ions in the said agreement and any alteration [hereof as therein provitled, on his or their part, to be kept pert or metl at the time and in the manner thewein sp ecifietl, and in all resve cts according t0 thei• true intent and meaning, antl shall indemnify and save harmless Lity, its officers, a9 ents dad emD7pyCes, as therein stipulated, Shen this obligation shall Oecame null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and 1n atltlition :o the face amount specified therefor, them shall be included costs and reasonable eRp en ses and fees, including reasonable attorney's fees, incurred by City in suc:es sfully enfp riling such obligation, ali to De taxed as costs and included fn any judgment rendered. the surety hereby stipulates and agrees that no than qe, extension of time, alteration or atlditlon to the terms of the agreement or to the work to De performed thereunder or the speci- fications accompanying the same shall in anywise affect its oDligaiions on this Dond, and it does hereby .dive notice of any such change-, extension of time, alteration pr addition to the ------- --~ terms of the agreement or to the work or to the specifications. IN N1T4 ESG 'a HEREOF, this instrument has been duly execv ied by Lhe principal one surety above named, on t'av l9R 5 , SYCAMOeE IxvpsiwExrs OEVELpPE45 INSUPANCE COMPAt>Y eve oiler fJ ure ty - I l9nature chartee lacy ra rr [ orne - Uavaa c. ~ianfar PLEASE ATTACH POMEA OF ATTORNEY TO AlL BONDS SIGNATURES MUST BE NO iAR12ED 8/ • sow N0. 91110]5 _ LABOR AND HATER lRLNEN BOND Prm31m Incl. In Perf Hone WMER EAS, the City Council pf Che C',ty of Rancho Lucaaonga, State of California, and Sycamore Invostaents (hereinafter desiDna t¢d as "Drincipal") have entered inlo an agreement whe"eby Orincipa air¢es b install and can`t le!e certain ?es~gna:ed public +mprpve~ents, wnicn slid agr~ tla!e^. log and Iden'.m'^e^ as pre]?:: ire?. '9 ap , IS 'n-r^by re'erre~ [ptp dnd Tdu^e 3 Hart he ro pf; and • ANER EnS, under the terms of said agreement, print ipa' is repu fired hef ore Dote"ing uDpn the perfor'n ante of the wort, to file a good find sufficient pay-lent Hood with the City of Rancho CUC 3mCn03 [0 SaCJre tM1e CId1T5 Cn wh lCh YefEfenCe 15 md.e ' Tile 15 (commencing with Section 3082; of Par[ 4 of Division 3 of the Livii Code pf the State of Californid. Y0'd, TNEPn.F ORE, said principal and the undersigned ds a corvorate surety, are held firmly bound unto the City of Rancho Cucaaonga and all contractors, subcontr ac mrs, laborers, maser+dl men dnd other D°"sans emo'.oyed in the De rf oraance of [he aforesaid agreement and referred to in the of oresa~d Lode pf Livii Prpcedure in the sum of Thirteen Th DU Sand Yine 4un dyed and Seventy-Three and OG/100 Dolldrs (513,971.;0), for ma[_rials f vrnished or tabor Cnerepn Df any kind, or for amounts due untler the One mDloyment Insurance ACt with r¢spect [o such wprk or labor, that said surety wflt pay the same in an amount opt eec eeding the amount hereinabove se[ forth, and also in case sui: is brought upon this bond will vay in adtli lion to the face amount thereof, costs and reasonable exven ses and fees, including reasvndb .e attorney's fees, incvrr¢tl by City in su ttesslvily enforcinD such obligation, to be dwarded and 'tied by the cpurt, and [o be lased as costs and Lo be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies dnd corporations enti tied to file claims under title IS (commencing with Sec lion 3082) of Part d of 0ivison 3 of the Civil Cotle, so as [o give a right of actiDp to them or their assigns in any suit brought upon this bond. $hou id the condition pf Mis band be fully performed, then [his pbligation shall beep me null and void, otherwise it shall be and regain in fu 11 force and effect, The surety hereby stipulates and agrees Lhdt no change, enters Slpn Of time, dlLerdtl0n pf dddlflan t0 ChC terms Df Sd1d agreement or the specificifipns accpmoanying th¢ sane shall in any manner affect its obligdtions on to is band, and ft does nere- by waive notice of any such change, extension, alteration or addition. r.. .nr„rrr r.,rrer~r ..._ .__._..___. ... .. ~Py~ Heated by ivsmdvw•' YRAJ ~ .E CONPAtiY , .n ~n ui nov,rn -- r,r..,~r, ORAN~-{,. -MAX-&1985 ,.I_,,,,,.~w,,,.~,..,r..,r~~~.~..,wr.,,.,„..., r--~ atC •••••^•~~ •rr•••a DAVID C. BANTER _ .,. ~. i.m a„ s. ~- ,^ ..r o,..F ,.. .. .MVr ma more ..e '~:kf'p, ._mX ..>: - 11 / ( I I, - f i 1 M,a [V Irllr Al RESOLUTION NO. EA6-05~09R- $ S -/G S~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRLIFDRNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 84-13 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Pgreement executed on June 5, 1985, by Sycamore investments as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the northeast corner of Base Line and Archibald Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Conditional Use Permit 64-13; and WHEREAS, said Improvement Agreement is sec~ired and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, 8E IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is • hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and gOOPTED this 5th day of June, 1985, AYES: NOES: ABSENT: on ~ t e s, ayor ATTEST: Bever y A. Authe et, tty C er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of Said City Council held on the 5th day of June, Ig85. Executed this 5th day of June, 1985 at Rancho Cucamonga, California, every u e e t y er 83 nimv no n n w~nvn nrn w ~.rnvn w STAFF REPORT DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kral 1, Assistant Civil Engineer `.,.,....,vhf, ~; , ~~ ,h ~' \J l J 19T SO EJECT: Approval of Improvement Extension Agreement suhmi tted by Calvin and Rosemary Morgan for Parcet Map 7646 located on the south side of Hillside Road between Carnelian and Beryl Mr. and Mrs. Calvin Morgan, developers of Parcel Map 7646, have submitted a request for a one-year extension of time for the construction of on-site drainage fmprovements. Mr. Morgan has submitted plans for the improvements and has indicated he will begin the work as soon as the plans are approved. Surety in the following amounts is on file in the office of the City Clerk: Faithful Performance: E1, 100.00 Labor and Material: E 550.00 RECOMMENDATION It is recommended that City Council adopt the attached resolution approvfng said Improvement Extension Agreement and authorizing the Mayor and City Clerk to sign same. Resge ctfull subo(i tted, / ~i lil.eH: e~o Attachments 8y ~ L_ i _ ~ Imo, ~ I`-r ~ I I I ~- i ' I I j Ji ~ ~ VIII ~ ~1 ~'~_ .I'_' `, 1. I:~~_, i _ - ~;, ~ - -.. ._._ ~ - }~ - _ ~ .-~: L , ;;lam'' ~I i~' , _ I ~ ~ i ~ ~ t~T r'r~~ ./ ~_ . _ '~ ~! .i \`` ~~: wnt~. ~. ~, CITI' OE R:\10110 CL'CA\10\GA - i'~. ,~. - _. ~° - sircl~r•.eklxc ~IVlsio~ title; ~~'~ P. M. 7646 ~~ r°^~ / • CITY OF RANCHO CU[PI10NW IMfNiDYFMENT E%TENSIDN AGREEMENT FDR PMLEL MAP 7616 %NON ALL MEN BY THESE PRESEY75: That this agreement is made and entered iota, in CDnformanCe Mi th Lhe prDVi 5i on5 Df the $ubdiv i5 iD0 :Adp ACL of the Ci[y of Rancho Cucamonga, Cali Pornia, a municival mrD Vrati on, by and De!ween the said City, hereinafter referred to as the Lily, antl Loh in Morgan and Aosenary Morgan referred to as the 0eve toper. NITNESSETN: THAT, WHEREAS said DevelDDer entered into an improvement agreement with the City as a requisite [o issuance of buildings permits, and NHEREAS, said Developer desires an ex [e nsion of time to complete the terns Df She said improvement agreement. NON, THEREFORE, i[ fs hereby agreed by the City and Cy said Developer as follows: 1, The completion date o1 the terms pf the said improvement agreement is hereby oxtentl etl by a Der TOd of l2 months from the date of exp ira[i Dn o/ the said agreement (new expiration date June 3, 1986). 2. Increase in improvement securi tfes tD reflect current improvement costs shall be furnished by Me dove loner with this agreement and shall be approved by roe Lity pt [prney. 3. Toe required bond and the addi[i oval principal amounts Merevf are sei far th an the attached sheet. • 4. All other Serms and conditions of Me said improvement agreement shall remain the same. As evidence of understanding the vrnvisions rrnta~^ed n^_re in, ar.d of L::ent to comply with same, the Developer has submitted the helow descrited improvement security, and has affixed his signature hereto: FAITHFUL PERFUMAIICE BDIID Oescr ipti on: Savings Account pddf [ipndl Pri ncipat Amount: -0- Surety: P.F.F. Address: At to Lona Office P. D. Box 3B1 Rancho Cucamvnga,MATEAIAL MD LABDR BOND CA 91701 Oescriptian: Additional Principal Amount: -0- Surety: Address: CASH DEPDSIT NDNUMEIIT[XG BDND Addt[ion al Cash Deposit: N/A MITI NTENMCE GUMANTEE BOND Pr incloal Nnaunh To be pasted pr for to act ep [ante of [he Drpject by the City. »u»eaaaxuaner~exua~aaa.aaaa as»~ awe»aa~n~uuae~raa»uaaaa~nna«awwa CITY OF RANCHO CUCAMONGA CALVIN A110 gOSEMARY MORGAN ' LAL IfDRfl IA, a municipal corporation / BY: lf~~ie~ ~ ' F ~ an ~ i e z, ~ ayor A[[esh ~ -...-~~'..1na- I very u e et, y er NDTE: DEYFLDPER'S SIGNATURE MUST BE NOTMIZEO $~ RESOLUTION N0. `w`e`e-v^.;,~ 9 S -/(o~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTEWS~ON AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP /646 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on June 5, 1985 by Calvin & Rosemary Morgan as Developer, for the improvement of public right-of-way adjacent to real property specifically described therein, and generally located on the south side of Hillside Road between Carnelian and Beryl Avenues; and WHEREAS, the installation of such improvements, described in said Improvement Extension Rgreement and suhject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Parcel Map 7646; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. . PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT: ATTEST: every ut e e ity er on ~ i e s, Mayor I, BEVERLY A. AUTNELET, 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 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. -.~ every A. Aut a et, ity Clerk d7 nrmv nc. n w vnvn r•r+n n nRnvn n STAFF REPORT DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kral 1, Assistant Civil Engineer / ~ ~'(` -~ =' ~ ~iZ '> 19i SUBJECT: Approval of Reimbursement Agreement for Planned Drainage Facility Construction between Daon Corporation and the City of Rancho Cucamonga in conjunction with Parcel Map 6202 • l I Attached far Council approval is a Reimbursement Rgreement for the installation of the Master Planned Storm Drain in Arrow Highway from Deer Creek Channel to 4120+ feet East of Haven Avenue. This improvement was constructed with Parcel Map 6202. RECDIMENDATiON It is recommended that City Council approve the Reimbursement Agreement for Planned Drainage Facility Construction far Parcel Map 6202 with Daon Corp. Re~spe tfully submit ed~,~ LBH:LB :J Attachments 88 REINBURSENENT AGREEMENT FOR PLANNED DRAINAGE F~CILITT CONSTRUCTION TN!5 AGREEMENT, made and entered in t0 t~1is day of 1985, by and between the Cliy OF AAN a Orn,a, a mun is ipal corDOration, hereinafter referred to as 'City" and Daon Corporation hereinafter referred to as "Develops r•, provides: N[TNESSETH NNEREAS, in the opinion of the City it is necessary that planned drainage facilitie2 De constructed for the proper drainage of Developer's development described as: PA0. CEL MAP 6202 NNER EAS, Me Developer, at the Oev el oiler's awn expense did install the planned drainage facilities herein alter describes, and; NNEREAS, the cost of constructing the planned drainage facilities hereinafter desc Abed exceeded the Dlan ned drainage f aCiliLies fee, be payable wfth respect to the development under the provisions o/ Clty Ord [n ante No. 76, and; N NEREAS, Section 8 of Cfty Ordinance NO. 75 provides: "SECTION B: Constructf on by Developer anA Aeimburs emen[. Nhenever the construction of Planned drainage facilities is necessary for the proper drainage of a subdivision, the City may require [M1e suDdfvider to construct such facilities with credit De inq given by the City taw and any fee payment required Oy this Ordinance. [f the cast of such construction exceeds [he fee which ou ld Otherwise De payable with respect t0 the svDdiviSion, the City Council may, at its discretion, enter into a reimbursement agreement with Me devetoD er. In the event a reimbursement agreement is entered into, re imbursem enf shd11 be made Only after the fee required by this Ordinance is collected in connection with a su Ddivision pr development on other property in the area enc ompaSSed by the reimbursement boundaries described in the reimbursement agreement. The DaS ii of rei mbursemenf shall De the developer's actual cost of construction o/ the Dlanned drainage facil;H es. the term of a reimbursement agreement shall not sac eed ten (10) years." NON, THEREFORE, the parties hereto agree as follows: 1. the Developer will, and at Developer's awn expense, lurnish all labor, ¢qui pment and material, and pay all costs incident to [h! Instal ldttOn In accordance with plans and specifications approved by the Clty Engineer of the City, the following planned drainage facf if ties: Mdf ter Planned Storm Drain System; Line 5-C 2. Inatatlation of said planned drainage /acflitf es sere he completed In conformance with the provisions of the Improvement Agreement for the eevelopment pf Parcel Map 6206. 3. The Ctty Engineer shall in50 ect and test the planned dr din age facilities at the expense of the OeveloDer, and after an deliclency discovered by said Engineer has been corrected b~ Deveipper, C1ty shall accept said planned drat nags facilities /o public use, 1 ~a. Q 9 <. Lily shall not be responsible fnr any loss pr damage to said Dlanned drainage facilities Dr iDr to their acceptance by L1ty. Developer hereby guarantees and warrants said planne7 drainage facilities for a period of one (I) year fpl:owing the completiDn and acceptance thereof against any defective work or labor done, or 7efective materials furnished. $. OevelDper shall or otect, indemnify and save harmless City from and against any and all claims, demands, and caries of action o/ any nature wh atspev er, and any expense incident to defense Dy City of any such demand or action far in]ury to pr death of persons or loss of or damage to property occurring on Oevelape r'T dev elapment, or in any manner growing out of or connected with DeveloDer's construction, repair and maintenance of the planned drainage facilities described herein, ar in any manner growing out of or connected with any deficiency in workmans Dip or material furnishetl fn connection with cDns[ructi0n, maintenance or repair of said planned drainage foci cities. 6. Lily hereby agrees that in cpnsidera!i on of Developer's installation of said Dlanned drainage facilities, City X111 n0[ dsSeTS Developer the fee described in Ordinance ND. ]$ which fee with respect to Oevel pp er's dev<lDpment would Dth erwi se be the sum of 1,101,682.86 dollars. 7. The am aunt of 1110,509.36 which exceeds the sum specif fed in Paragraph 6 hereof, which said excess amount is hereinafter referred to as the "original reimbu rsem¢nt sum^ the Lity snail reimburse Developer, nn~v .s -- ore • collected under Ordinance No. Y$ and only according^to-the formula hereinafter described. Amounts to be reimbursed [o Developer shall De determined as follows; A. Annually, at the end of each fiscal year, the City shall set aside Into a "Dlanned drainge reimbursement fund^ twenty-five percent (251) of all fees collected during the fiscal year under the provisions of Ordinance No. 75. B. The Developer shall be eligible [o share 1n the planned drainage reimbursement fund commencing with the Hsc al year which ends following the date on which said planned drainage facilites are accepted by the City, C. The Developer shall De eligible to ;hare fn the planned drainage reimDurs emeni fund, then no later than two (2) months after the end of such fist al year, the city shall pay the Developer, from the amount se[ aside in the planned drainage reimbursement fund, a fractional share thereof determined as follows: (1J The numerator shall be the original reimbursement sum for the OeveloD er and the demonin afar shall be the total of the original reimbursement sums for all Developers who are eligible to share in the planned drainage reimbursement fund for said fi sc ai year. 8, A11 of OeveloDer's right io ref mburs emeni hereunder shall cease as of the end of the fiscal year ending Cen (f0) years after the fiscal year In which the Developer firs[ became eligible for reimbursement hereunder, whether or not fully paid, 9. Nothing in this agreement shall entf tie Developer to reimbursement o/ a sum In excess of the original reimbursement sum. l I 90 10, Amounts payable to Oeveloper hereunder shall bear interest at the rat! of ten percent (IDf) per year calculated on the outstanding balance from [he time dispur sad [o time received. il. Payments may be mafled Co Developer at the following ad ar ass: Oaon Corporation 4350 Van Korman, Suite 100 Newport 6e ach, [A 926fi0 12. Dave loo er may change the mailing address by written notice delivered to t'ne City Clerk. I3. Rights to reimbursement due under this agreement nay be assigned after written notice to the City by the holder Df such rights as shown by the records of the Lity. Such assignment steal: only be effective only with respect to payments Secom ing tlue and payable more than thirty (30) day; after receipt by City or written no [ice of such assignmemt. Li ty sh a71 not be repot red to Ofvide any payment to be made hereunder, ]n the evont it appears from [he records of the Lity [hat mare than one (1) person holds the right to payment hereunder, the City may deliver the Po11 payment t0 any one of such persons and such payment shall he deeme0 payment to all. 14. As used in this agreement, the Le rm ^0 rdinance Ho. 75' int ludef any Ordinance amending or modifying Ordinance N0. JS and any ordinance adopted hereafter which covers [he same or similar subje<t matter and is intended to replace Ordinance Yo. '' 15. The City reserves the right to at any time increas~ Or decrease the fees payable under Ordf nonce No. 76. 16. !f the fee es[ablised by Ordinance No. 76 is hereafter dec tared invalid or unenforceable, or collection therepf is Otherwise prat iv0ed by law, all Oevel ooer~s rights [0 reimbursement hereunder shall immediatley cease and terminate. 17. This agreement shall be interp rated according t0 Me laws Of the State of Califs rnia. This document co n[ains Me ¢ntire agreement b¢tween the parties with rasp act tp [he subject matter hereof. This agreement cannot be modified except by an agreement in writing, signed by the party against wham the enforcement o/ any waiver, change, modification or discharge is sought. Subject to any pr OVisipns herein to the contrary, [his agreement shall in ail rasp acts bind, and inure to the benefit of, the heirs, executors, adm7nis [rotors, successors and assigns of each Of the parties. [N NSTNE SS NNEAEOF, the parties have executed this agreement at Rancho Cucamonga, Californa, on the day and year first above written. Cl ia' OF R~XCHO CUC~NONG~ DAON CORPORATION i aypr ~t e V.P., Comaercial/Industrial 1 ATiE ST: ~ ~ I I City C of rk tit e b V.P., Resadent ial Oe ve lopmen APPR OVEO RS TO f00.^M: ^~ 3 • RESOLUTION N0. FB6-95=P91t-S~ '~~6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMNT AGREEMNT FROM DAON CORP. FOR PARCEL MAP 6202 'AHEREAS, the City Council of the City of Rancho Cucamoga, California, has for its consideration a Reimbursement Agreement executed by Oaon Corp., as Developer, far the installation of storm drain facilities to be constructed for proper drainage of Developer's development described as Parcel Map 6202 generally located on Arrow Highway from Oeer Creek Channel to 4120+ feet East to Haven Avenue; and WHEREAS, the Developer, at Developer's own expense, will install the planned drainage facilities to the satisfaction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Reimbursement Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PgSSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: • NOES: ABSENT: ATTEST: I Beverly A. Authe et, City Clerk on Mike s, IAayor I, BEVERLY A. AUTHELET, CITY CLERK of Lhe 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 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. every u e e , ty er Jaa CJ 1 • CITY OF RAVCHO CtiCAb10NGA STAFF REPORT DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kr all, Resistant Civil Engineer ,ro ~~cn.voyC ~~ j \i;~ ~'~ ~~ ~ 'z I9ii SUBJECT: Approval of Agreement for Ramona Avenue Improvements in conjunction with Development Review No. 83-11 submitted by Andrew Rarmakian Development Review No. 83-17 was approved by Planning Commission on September 14, 1983 for the development of 68 apartment units on 4.85 acres located on the east side of Ramona Avenue, north of Foothill Blvd. Rs a condition of approval, the developer in addition to the construction of improvement on the east of of D. R. R3-17, overlayed the west half of Ramona Avenue and constructed a catch basin at the intersection of Ramona Avenue and Foothill Blvd. This additional work has been constructed and the costs have been verified by the Public Works Inspector. The cost break dawn is listed on Exhibit "A" of the attached Rgreement: E3,415.00 for the overlay of Ramona Avenue will 6e paid from the Systems Development fund, 512,486.00 will be paid from the Drainage Fee fund. RECOMMENDATION It is recommended that City Council approve the attached Agreement agreeing to reimburse Andrew Barmakian the costs incurred for these improvements as shown in Exhibit "A" from Systems Development and Drainage Fee funds. Respectfully subm f~.ted, V/~/ LBH: :jaa Attachments 93 BARMAKIAN ~ ~-.; , January 9, 1984 Nr. Shi ntu Bose Associate Civil Engineer City of Rancho Cucamonga 9320 ease line Road, S[e. C Rancho Cucamonga, CA 91730 RE: Drataage Fee Reimbursement - Parcel ttap #8100 - DR 83-I7 Dear Shintu: This letter is a request for reimbursement of Che cos[ of construction for the catch basin a[ th.: ~rner of Foothill end Ramona for Parcel Map 8100, Lot 1. Section 3 of Resolution 83-10 for DR 83-17 states that "The cos[ of construction of the catch basin at the corner of Ramona Avenue and Foothill Boulevard shall he ere dtted to the storm drainage fee Eor the project". A copy of the resolution number 83-IO - Section 3 is attached for your review. • The cos[ [o construct the catch basin was $12,486. A copy of the construction contract for storm drainage improve men[s is enclosed fur you[ review. Also, enclosed is an Snvoice in [he amount of $12,486. for ice ma required in order to construe[ [he catch basin a[ Che corner of Foothill and Ramona. The catch basin and scree[ improve mente are complete and have been accepted by the city inspector. if [his matter must be placed on the consent calendar prior to our firm obtaining a reimbursement, I would appreciate is if you could handle chls matter accordingly. The nk you in advance for helping 'ups'/w/nli th the drainage fee reimbursement. ,`~``---- ~i-- I `J" Andrew Barmakian President AB:Ij Enclosures • 9y AGREEMENT FOR . RAMONq AVENUE IMPROVEMENTS [N CONJUNCTION NITH DEVELOPMENT REViEN N0. 83-17 This Agreement is made and entered into this ___~ day n of (~/~ 1985 by and between Andrew Barmak ion, Developer, and THE CITY OF RANCHO CUCAMONGR, a municipal corpora n Citv. RECITALS WHEREAS, the City and Developer desire to mutually Dart is ioate in the construction of Ramona Avenue;and WHEREAS, the Developer has expres seal its willingness to inc rude said construction with improvements for Development Review No. 83-11. WHEREAS, the Conditions of Approval stipulate that the City win reimburse said Developer for that portion of work. • NOW, THEREFORE, iT IS AGREED AS FOLLOWS: 1. The Developer shall contract for the construction pf Ramona Avenue, said improvements as further described in Citv of Rancho fucamonpa Drawing No. 859, 2. The City agrees to share in the cost of improvements for the catch basin located at the northeast corner of Foothill Blvd. and Ramona Avenue and the overlay of the west haif of Ramona Avenue from Foothill 81vd, to approximate l.y 676 feet north as shown on Drawing No. 859 in the quantities described in the attached Exhibit "A". Total amount being a lump sum of 51"x,901.00. r~ 3, The City agrees to pay funds to the Developer in the amount of said share within thirty (30) days of completion and acceptance by the City. Y 1 1 fs 4. Each party shall indemnify the other ~art;es and its officers, agents and employees against and hold them free and harmless of and from ail claims and liabilities of any kind arising out of, in connection with, nr resulting from, acts of omissions on its part or on the part of its officers, agents, contractors and employees in connection with the construction. 5. This Agreement map only be changed with the mutual consent of the parties in Lhe form of written contract amendments. 6. This Agreement and the terms and conditions contained herein are all subject to a successful completion of construction of improvements. iN WITNESS WHEREOF, the parties have executed this Agreement as the date first above written. CITY OF RANCHO CUCAMONGA, a municipal ' Q(f;Tl, ~(~ (<-[e~'~} Corporation eve opera n ~ ~ 'llgd" •lJ~` by Y i~ on r e s, ayor r, ~-I Tit e ATTEST: Bever y q, uthe et, City C er _ 2 ~' (. 9~ %NIBIT "A" • 1. Overlay of west side of Ramona Avenue 15,525 feet 0 0.22 per square foot $3,411.00 2. Catch Basin 24" R.C.P. 27" R.C.P. Collar Catch Basins Removals Transition Collar Modification Total $1,400.00 2,816.00 900.00 5,200.00 600.00 1,570.00 $12,486.00 $11,901.00 97 CITY OF RANCHO CtiCA:VIOtiGA STAFF REPORT • • DATE: June 5, 1985 T0: City Coun cfl and City Manager FROM: Lloyd B. Nubhs, City Engineer BY: Joe Stofa Jr., Associate Civil Engineer SUBJECT: Rpproval of a Pipeline License between the Southern Pacific Transportation Company and the City in connect icn with Tract No. 12532 located east of Archibald Avenue and south of Victoria Street and also, the approval of an agreement between the developer, Archibald Associates, and the City The Southern Pacific Transportation Company has issued the attached Pipeline License to the City of Rancho Cucamonga for the construction of a storm drain pipe beneath the tracks in connection with the development of residential subdivision located east of Archf bald Avenue and south of Victoria Street. Archibald Associates, the developer of Tract 12532, in order to fulfill the construction requirements as stipulated in the Pipeline License, has submitted an agreement which is also attached for approval. RECpMENBATION It is recommended that City Council adopt the attached resoltuion approvf ng the Pipeiin License between the City and the Southern Pacific Transportation Company and authorizing the Mayor and City Clerk to sign same. In addition, it is recommended that City Council adopt the attached agreement between the City and Archibald Associates and authorizing the Mayor and City Clerk to sign same. Res~~tfully~S bmitted, ~~;~~~~~ Attachments 9P AGREEMENT THIS AGREEMENT made and entered into this of 1985, by and between the CITY OF RANCHO CL'CA90SCA, CAL IFOR.ti IA, a Municipal corporation, hereinafter "City" and hereinafter "Developer", provides as follows: R E C I T A L S WHEREAS, [here is attached hereto: (I) Exhibit "A" a proposed Pipeline License, hereinafter "Contract", between the SOUTHERN PACIFIC TRANSPORTATION COPffANY, hereinafter "Railroad" and the City for the con- • sCrucC ion of one (I) pipeline, 42" in diameter (hereinafter, called the "P Spel ine"), across or along the right of way of Licensor at or near the Engineer's Station 2112 + 16.92, County of San Bernardino, State of California, the exact location of the Pipeline being more particularly shown upon the print hereto attached, No. LADE-06, dated Sanuary 24, 1985, marked "Exhibit A" and made a part hereof. WHEREAS, ^eveloper desires [ha[ said Pipeline be built to facilitate development of his project. WHEREAS, City is willing [o enter into [he Contract only if Developer pays all costs of constructing the Pipeline and agrees Co in all respects, assume and perform obligations of the City under the Cont racy and, WHEREAS, Developer is willing [o do [he same. NOW, THEREFORE, City and Developer agree as follows; (1) City shall execute and deliver to Railroad the Contract • (2) Nith in fifteen (l5) days after wrStten demand by City, Developer -1- 99 J i • shall deposit ~.vith City the sum of 5525.00 as a security for the payment of compensation for the license. (3) Developer shall construct said pipeline and in so doing shall in all respects ccmply with all terns and conditions of the Ccntr ac t. Developer shall pay, without limitation, all cos is of constructing the Pipeline (4) Dev eieper shall require that each contractor of Developer engaged fnr the purpose of constructing the Pipeline, execute and comply with all "contractor's agreements" which zre required by the Railroad, as well as ccmply with all terms and provisions of the Contract. (5) Developer 5ha 71 insure that each contractor engaged by Developer for the construction of the Pipeline, or any part thereof, has the City named as an additional insured on each policy of insurance that the contractor is required to furnish pursuant to the terms of the Contract or Indenture. • (6) Developer agrees to indemnify City from and against all costs, expense, claims and liabilities for injury to or death of persons (including, but not limited to, passengers and employees of Railroad and employees of City), and damage to or loss of property (including, but not limited to, property owned, leased, occupied or used by or in the care, custody or control of Railroad or the employees of Railroad or City or the employees of City), however, same may be caused, resulting from arising out of or in any any connected with this Agreement or the construction of the aforesaid undersigned project, whether or not caused or contr ihut ed to by any negligent act or omission on the part of any of City's agents or employees. (7) Should either party hying suit to compel performance of this Agreement or to recover far hreach of any covenant or condition contained herein, the prevailing party shall pay reasonable attorneys fees in addition • -~- ~0 0 Co the amount of judgement and costs. • (S) Time is of the essence of this Agreement. (9) This Agreement may be modified or amended onlyby an instrument in writing executed by both parties. (30) This Agreement shall be binding and shall inure to Che benefit of successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above wric ten. ARCHI BALD ASSOCIATES, a California Limic ed Partnership BY: PACER DEVELOPMENT, INC., general partner 7 Randolph Poag, Pres'den[ CITY OF RANCHO CL'CACfOSCA BY .Ion D. Mike ls, Mayor ATTEST BY: Beverly A. Au thele[, City Clerk APPROVED AS TO FORM BY: City Attorney • ~3- /D/ RF.G OR pine REOVESTED By • -_wND ~'I+EN RECORDED MAIL TO Nam. ' ~r,..r weerau cuy 5uta ' no ~ - [RAF/rtb - VI - 4/15/85] _ AL00 Ar.,-SIGNED ~~~~~~ ` DC~LD Zo33y9 AUDIT Nw i AUDIT ND. ......._ ..................-.~ SPwCE w80VE THIS LINE FOR RE[OFOE R'S VSE EtELMIS: HBO-523.14-XI ) THIS INDENTURE, made this~day of , 1985, by ~~ and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corpora- tion, herein termed "Railroad," and CITY OF RANCHO CUCA.MONGA, a municipal corporation of the State of California, address: 601 North Parkcenter Drive, Suite 260, Santa Ana, California 92705, herein termed "Grantee"; WITNESSETH: • 1. Railroad hereby grants to Grantee, subject to the reservations, '~, covenants and conditions herein contained, the right to reconstruct, main- tain and operate a forty-two (42) inch RCP storm drain, hereinafter termed "structure," in, upon, along, across and beneath the property and tracks of Railroad, at or near Alta Loma (Ranch Cucamonga), in the County of San Bernardino, State of California, crossing the center line of said tracks at Engineer's Station 2112+16.92, Mile Post 523.14, in the location shown on the print of Railroad's Drawing LADE-06 dated January 25, 1985, attached and made a part hereof. 1-a. it is understood that the said structure shall be installed by Archibald Associates, Ltd., pursuant to a separate agreement to be entered '~ into with Railroad. This indenture shall take effect as of such date as I Grantee has accepted the said structure into its utility system. Grantee ~,, agrees to notify Railroad of such date. ~, -1- Form C-1 Apzi1, 138 2. Project markers in form and size sa Cisfactocy Co Railroad,. identifying the facility and its owner, will be ins trilled and constantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railrcad shall aporo ve. Such markers shall be relocated or removed upon reyuest of Railroad without expense to Railroad. Absence of markers does not constitu [e a warranty by Railroad of no subsurface installations. 3. This grant is made subject and subordinate to the prior and continuing right and obliya Lion of Railroad, its successors and assig rs, to use all the property described herein n the performance of its duty as a common catrie r, and there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use ezistinc and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline faeili ties and appurtenances in, upon, over, under, across and along said property. 4. This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said properly and the word "grant" as used herein shall not be construed as a cc ve Want sga inst the existence of any [hereof. • 5. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. „~,.,., 6. Grantee shall boar the entire cost and expense of goSw;R;L~F~ Ong; reconsirucT.ing and maintaining said structure upon said ocoperty. Grantee agrees that all work open or in connection with said st:uctu re shall be done at such times and in such Wanner as not to interfere in any way who is oe vet with the operations of Railroad. The plans for and the:eaaaxxvnticar:;ar reconstruction of said struc- ture shall be subject to the approval of Railroad. Grantee agrees to reimburse Railroad for [he cost and expense to Railroad of furnishing any materials oc performing any labor in connection with the >60iKJ~Gi3zcGL'Ctt, recons [r•uc to on, maintenance and removal of said structure, including, but not limited for the i r.s tallation and removal of such fals [work and other protection beneath or along Railroad's tta ck s, and the tarnishing of such watchme nr flagmen and inspectors as Railrcad deems necessary. 7. In the event Railroad shall at any time so recuire, Grantee, at Gzancae's expense, shall reconstru r.t, alter,:;gg;lr~;ee.:,~~i.d;.atcpF- "t4i're or otherwise improve said structure upon tecelpt of written notice frcm Railroad so to rio. • -2- /03 Form C-1 April, 1385 1 • 8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they be. come or became effective, including, without limitation, [nose relating tc health, safety, noises, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon requ•~st of Railroad. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder a a result of Grantee's use, presence, operations or exercise of the rights granted hereunder, Grantee shall, at its expense, he obligated to clean all property affected thereby, whether owned or controlled by Railroad, or any third person, to the satisfaction of Railroad (i rs ofar as the property owned or con trolled by Rai'road is con- cerredi and any geve rnmental body having iurisdictien in the matter. Railroad may, at its option, clean Railroad's premises; if Railroad elects to do so, Grantee shall pay Railroad the cost of such cleanup prcmp [ly upon the receipt of a bill therefor. Grantee agrees to investigate: release, indemnify and defend Railroad from and against all liabi.li ty, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Railroad as a result of Grantee's breach of this section, or as a result of any such discharge, leak- . age, spillage, emission or pollution, rega rdleas of whether such liability, cost or expense arises during the time this indenture is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligence of Railroad, its officers, agents or employees. 9. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which ray be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost ur expense incurred in connection with the construction of said structu ce upon said property commenced within one (1) year from the dale first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of k?!at!@+trFiHP..fi:?t1S;r re cons tructine, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of ary work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's authorized representative by phone. Grantee agrees to keep said ptoper'cy and said structure in good and safe condition, free from was ts, so far as affected by Grantee's oper- a[i.ons, to the satisfaction of Railroad. If Grantee fails to -3- ~oy For.n C-1 April, 1485 t Y.eep said property and said structure in a good and safe condition. free from Ada ste, then Railroad may perform the necessary work a[ the expense of Gran tae, which expense Grantee ag :'ees to pay to Railroad upon demand. 11. :n the event any work upon or in connection with said structure or its appurtena r,ces, to he done upon or adjacent to the tracks and property of Railroad, should be iet to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be gone by such contractor. 12. Insofar as it lawfully may, Grantee sprees to investica te, release, defend and indemnify Railroad, its officers, employees, agents, successors and assigns, from all claims, liability, cost and exoc r.se howsoever same may be Caused, including reasonatle attorney fors, for loss of or damage to property and for injuries to or death of persons arising out of the constructs out reconstructions mainte- nonce, presence, use or removal of said structure, regardless of any negligence or alleged negligence, active, passive or o[he cwise, on tl;e part of Railroad employees. The word "Railroad" as used in this section shall be construe. to in r.lude, in addition [o Railroad, the successors, assigns and affiliated comps r;ies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. 13. Should Grante?, its successors oc assigns, at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose con [empla fed herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discon_inued, and Railroad shall at once have the right, in addition to, but not in qualifica- tion of the rights hereina bove reserved, to re surge exclusive possession of said property or the pact thereof [he use of which is so discontinued or abandoned. Upon to cmi r.a tion of the rights and privileges hereby granted, Grantee, at its awn cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said stricture and restore said property, such removal and restoration may be performed by Ra i_road, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand, or Railroad may, a[ Sts option, assume ownership of said structure. • -4- /OS Form C-1 aprii, 1985 t • 14. The parties intend [hat [he promises and obligations of this indenture shall constitute cc venants .-tinning with the land so as to bind and benefit their respective successors and assigns. ZN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. SOIiTiii:2`~ P?,CIFIC TF.:1:Q5 'ORTaTI0:7 CO.^'.PANY, $y ~G`~ J~>ti~-G~ `z. (Titla) '•r rs •': :: ^vnas cantraolt u/ r Attest: ~ TL~~~G^.~~~ Assi~taat oacretar/ CITY OF RaivCIIO Ci:Ca:•:ONGa, yor sy Clerk r 1 LJ -5- /o~ yai 4^ 0 R s d ry e OY' q33 N f a0V G;Q67 , ' ~Q~~ YyY7~ C~:A }}}§RGC~~i ~d _~9 .a ~` G^ FO~[~L' L ~~~~ y fC?", 7e? ~' C t; =aa ~ n+e l{~j` a e ro - - r ~_ ~ , a - `=a ` - i s ; g F I Z' ~ k x ~ od `~ § !PI ~ ~ ~. = Si~ A~ I ~' ~~~ i i ~~ c ';r ~ ' ~-- G~ I ~ ~ • ie,j\. y t ~ ry~~~ a Q pl~o ~ ~ `~°, y1 ~5^ • y r 'F- e G~ ~gl ~~ t r ya 3 J o' IrL a ` 4~~ I~II jj L l., ~R 4i 6`W i~ 9 ~A'o ~ n":~: W ~y's ail ""i ~ 'd rP! y~i'1 i S t ic~ ~ ? ~a P ~ 1 l~ gy 1.1 L 1 ' /07 s ~x U 3~ . fix, ~ a ~A CI 1 e RESOLUTION N0. F86-95~Bkit' F s ~y67 • R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PIPELINE LICENSE BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE iNSTALLAT ION OF A STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS WHEREAS, a storm drain pipe is required to be installed beneath the Southern Pacific Transportation Company tracks near the Engineer's Station 2112 & 16.92, County of San Bernardino, State of California for project, Tract No. 12532; and WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Pipeline License between the Southern Pacific Transportation Company and the City for the right to install the storm drain pipe at the above location NOW, THEREFORE, be it resolved by the City Council of the City of Rancho Cucamonga, California, that said Pipeline License be and the same is herehy approved by the Mayor and City Clerk are hereby authorized to sign same on behalf of the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. • AYES: NOES: ABSENT: on i e s, Mayor ATTEST: Bever y A. Authelet, ,ty er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 5th day of June, 1985. Executed this 5th day of June, 1985 at Rancho Cucamonga, California. every ut a et, ty er /08 • STAFF REPORT G~...~ng1~~. Y z~; , • DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Gideon V. Agra, Engineering Technician F ~ II< 5 IV" SUBJECT: Award of Professional Engineering Services Contract to R. Baughman 6 Associates for North Town Phase [V Improvements Attached far Council approval, is a contract for Engineering Design Services to prepare construction plans, specifications and estimates for the reconstruction and improvements of the above subject project with the project limits to wit: 8th Street, between Belmont & Archibald Avenues; Acacia Street, between Cottage and Archibald Avenues; and Belmont Avenue, between 8th and Acacia Streets. This project has been included in this year's budget for design and construction. The project will be constructed with the Community Development Block Grant Funds at an estimated cost of 5191,150.00. Attached for your information, is a tabulated summary of the proposals received from the four Minority/Disadvantages Business Enterprises as well as one Non-Minority/Disadvantages Business Enterprise who were invited to submit proposals. RECOIMENDATION It is recommended that the C1ty Council approve the attached Professional Services Agreement with R. Baughman 6 Associates, to provide Plans, Specifications, and Estimates for the street improvements of North Town Phase IV in conformity and accordance to the stipulations of said Agreement, for an amount not to exceed 515,345.00 plus 10% continency. Respectfully su`` ,,'gJ`~J~/, l Rtta Vi Jog a d o v A N p C •I a • N U L Y N N CI a + • o a N ~ _ N A L L I O O L O 0 0 0 0 0 0 0 0 0 0 0 O 1 O O p O O O O O O O O O O O E C vI O O vl O O O C O 0 0 N 'r 1 1 O V O b O O O O O 7 O A G OI ~ N C O N N O I~ f1 ILI l7 C 9 1 ~ ^ 3I C M N m N O OI 1 I .~+ M M d N V i O d U N L a d c a N - U N !~ i - u O c A U >~ L .a - c L a ~I ~ S ~ S o S S S a o ~ A SS S L 71 O ~ 0 0 0 0 1 O O L[t I L O ~-` C C O m O O O N O t0 I •G N O 1 O IO O C O O C N G O r t(1 O f7 I (7 V C 1 I N Ill O L d V 1 I ~ N E 1n N ~ m ~ L. 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W .a A V G C p C L Cl a y q A A C ~ 2 L L~ u C O t A a E W a W O C T G J c O L ^ D ~ o a _n ~ g N L L+ W a.J C C I ~ C N q U U L A a C W a C U^ A ~- G r p L. a C a O L Y 1 A U r ~ r A W U~~ O N a C A ~ a C +~ N C_I C p CI 'J G O U_ a_ a a C W M) ~ E C al J A a L C L U A N 1 V a C L L L T C C ~~ U C O ~+ A L r O Of i Y N G G C L U O L ~ l W C C O L L g O O L C! L V1 .~ W U U L L Q U CJ L A W O r ^ ~ .~I N 1'1 Q ~ Ip ~ CJ 01 r 0 0 O O W a L_ to V L C u' ~~/ PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 5th day of June, 1985, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY'} and R, Baughman & Associates (hereinafter referred to as "CONSULTANT"). A. Rec hats. (i) CITY has heretofore issued its Request far Proposal pertaining to the performance of professional services with respect to the preparation of construction plan;, specifications and Engineer's estimates for the reconstruction and improvements of North Town Phase !Y ("Project" hereafter), a full, true and correct copy of which is attached hereto as Exhibit "1" and by this reference made a part hereof. (iij CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which proposal is attached hereto as Exhibit "[I" and by this reference made a part hereof. (iii) CITY desires to retafn CONSULTANT to perform professional services necessary to render advice and assistance to CITY, ClTY's Planning Coirznission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willirq to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSUL7ANT as follows: 8 Agreement 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwfse requires: -I- //1 (a) Project: The preparation of construction plans, • specifications and Engineers estimates described in Exhibit "I" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to 6e performed by CONSULTANT in order to complete the project. (c) Completion of Project; The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at CITY staff meetings or public hearings • regarding the adoption of of the design plans for North Town Phase IV Improvements as set forth in Exhibit "B" of Exhibit "[I" hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shalt forthwith undertake and complete the project in accordance with Exhibits "I and "II" hereto and all in accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "I" and "II to CITY within the time specified in Exhibit "B" of Exhibit "II". Copies of the documents shall he in such numbers as are required by Exhibit "I". CITY may thereafter review and forward to CONSULTANT • //3 -2- • comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 62.(b) may 6e extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. in the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall he retained by CONSULTANT except upon the prior written approval of CITY. • 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of E15, 345.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect casts or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall 6e made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly hasis, and such invoices shall be paid within a reasonahle time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT'S proposal either with respect to hourly rates or lump sum amounts for individual tasks, In no event, however, will said invoices exceed 90% of individual task totals described in Exhibit "II". ~/S/ -3- (c) CONSULTANT agrees that, in no event, shall CITY be • required to pay to CONSULTANT any sum in ezcess of 90X of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services; Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "II" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "II". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4, CITY agrees to provide to CONSULTANT; • (a) Information and assistance as set forth in Exhibit "I" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT consider; necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project, (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information, 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by • ~/.f -4- • CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (75) days prior to the date of termination specified in said Notice. In the event this Rgreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "II", on a pro- rata basis with respect to the Dercentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than • the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 1. The 6e low named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement; Any such notices, demands, invoices and written communications, by mail, shall 6e deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under // 6 -5- this Agreement until it has obtained all insurance required hereunder in a • company or companies acceptable to CITY nor shalt CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all Limes during the term of this Agreement the following policies of insurance: (a) Worker's Compensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' comoensaton insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3100, every employer shall secure the payment of compensation to his • employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "i am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Cade, and I will comply with such provisions before commencing the performance of the work of this Agreement". (b) public Liability and Property Damaoe: Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT'S activities, • //7 -6- • providing protection of at least One Nillion Dollars (51,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all tmes during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least 5250,000 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing design services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of • Californfa and policies required under paragraphs R.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain langu agc~, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, off ic,ers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by C[TY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice 6y the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or //P -~- property, including the payment 6y CONSULTANT of any any and all legal costs • and attorneys' fees, in any manner arising out of or incidental to the performance by CONSULTANT of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of C[TY, within the time set forth herein, or as may 6e extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of One Hundred Dollars t • s ($100.00) per day for each day CONSULTANT is in default, which sum represen a reasonable endeavor 6y the parties hereto to estimate a fair compensaton for the foreseeable losses that mf ght result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Indeoendent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed far any purpose to be employees of CITY. 13. Governing Law.: This Agreement shall be governed by and construed in accordance with the laws of the State of California. • // ~/ -8- • 14, Attorne y's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 15. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT ~~ ~ ~ CITY Mayor ATTEST: City Clerk /C/~v~'y~G~ /d o _g_ ~~Gtipl ~~ y ~ = CITY OF RANCHO CL'CA1I0:\GA •^ ~`,~'+itw, = wr•. Jan D. Bikds ~ Charle•l. Ruaoa Ul Jeffre~fiin, 19-- wroara ?I. uani naa,eia;. 11 right April 8, 1935 fXH(BIT "I " R. Baughman & Associates 20459 Valley Boulevard 'vlalnut, California 91789 Attn: R. Baughman S'J BJEC?: Request for Proposal for Engineering Design Services for North Town Phase IV Improvements covering Acacia and 8th Sir_ets and Belmont and Cottage Avenues Gentlemen: The City of Rancho Cucamonga desires Engineering services for the preparation of construction plans, specifications and Engineer's estimates for the • reconstruction and improvement of the above subject North Town Phase IV Project covering Acacia and 8th Streets and Belmont and Cottage Avenues. Each Engineering proposal shall include an itemized pricing for: 1. Survey Services to est aDlish: a, centerline Control and stationing L, topography from ultimate right-of-way limits c. cross sections @ 50 feet maximum intervals d. mapping of pavement failures to identify removals e. legible field notes to be delivered to the City for record 2. Utility research and coordination per the enclosed Utility Notification procedure to include: a. Research and obtain file copy of utility maps within the project limits. b• Platting of such facilities in plan view on the construction drawings. c. Preparing and tr an smiiting plans with utility notices (blank notice forms to be provided by City) to all utilities. d. Monitoring response to such notices, making recommendations for mitigating conflicts. e. Attending coordination meetings, if required, regarding adjustments and relocations. 3. Engineering evaluation and design for pavement replacement and ' resurfacing, including soils investigation and report. /d/ 9120 BASELINE ROAD. SUITE C • POST OFFICE BOX 807 RA\fR0 CUCANONGA, CALIFORNIA 91790 (1111989.1851 4. Prepare C.E.Q. A. Initial Study Part 1 & 2. l 5 P l i • . repare comp ete construction p ans n accordance with City Standard Drawings including: a. Plans and Profiles with: 1. Tooopraohy between ultimate Right-of-Way limits 2 Right-of-Way limit lines 3. Tract and Lot Lines with numherings and Assessor's Parcel Numbers 4, Utility location plottings 5. Construction limits and instructions 6. Existing and proposed center line and tons of curb or edge of pavement 7. Existing and proposed street lighting b. Cross section plottings showing existing and proposed improvements to ultimate right-of-way, c. Title sheet showing: 1. title 2. vicinity and location mappings and plan sheet indexing 3, utility and drawing legends 4, bench mark and basis of bearings 5. construction quantities fi, standard signature and title blocks • d. Striping Plans 6. Prepare legal description including drawing for corner cut-off dedications for; Assessor's Parcel No and Property Owner's address as follows: a. 209-192-01 Arthur C. Jr. & Susan M. Paustfan, 9766 Acacia Street, R.C., 91730 b. 209-192-07 Beulah Kanawyer, 16451 Rhone Lane, Huntington Beach, CA 92647 c. 209-191-09 Aiice E. Johnson, 9747 6th St., R.C. 91730 d. 209-191-1J Michael 0. Brown, 16167 Blue Lagoon, Valir.da, CA 91744 7. Prepare and maintain design files for transmittal to the City at the completion of the project work (file listings attached). 8. Prepare detailed construction quantity and Engineer's cost estimate. i~ L 7a z. • 9. Prepare complete contract specifications using "Boiler Plate" specifications Drovided by City including: 1. Boiler Plate 6y City a. notice inviting bids b. instruction to bidders c. contract prepos al (by engineer) d. bidders information e. agreement f. bonds and insurance forms g. general conditions 2. Special provisions 6y engineer. 10. Prepare exhibits "A", "B" and "C" for Design Services Agreement (include such as part of the proposal). A. Scope of Work 8. Design Schedule C. Hourly Rates and Fees 11. Attending coordination meetings with staff for design review and project coordination. • 12. Attend pre-construction conference and provide design coordination during construction. 13. Under separate or alternate proposal, provide a price proposal for construction survey required by this project. 14. The design consultant will be required to complete and submit the following items with the R.F.P, package: A. Standard Form (SF) 254 - Architect-Engineer and Related Services Questionaire. B. Certification of Non-Discrimination C. D/WBE Project Participation or Good Faith Effort CITY SUPPORT A project report and strip map has been prepared regarding the subject project and is transmitted far reference and consideration. Design recommendations are included therein. Copies of improvement plans for existing improvements /.~ ? ha•re been assembled znd are on file For the Sng ineer's re`eren ce during the ^r reparat ipn of proposyls. A Si a.. Technic iyn or Enc ineer will be prov•ded by • t''° City to assist in pro; ect word in z:ion znd to conduct resezrch of City filed documents and plans. "^~'' •_'+ orooaszls shall be prep yred ynd - ned ,o ;h, r t•~ _ LloyuoP~^bbs, ty rr"~idyy, S:OC pm pr, .,,,. ~. ?a~ taag. - =nc'neer, Rr, Cordially, C^v~'NU'7I'Y DP1i ~LGPM:Ni DE?AR'uENi E"7GINcER IYG DI'!?SI GAY R IC4AR'J R. CCTA As/s~is:znt Civil Eng in=er I '" ~~ RC;'to tc: Lisa 'dininger u • ~a y c. ~au9~~xaix f ~sioclaEei • C?ivi~aad ~noizonmental rn9ineczi.n9 • ~zeEyin9 Anr±~ 2G,]aF5 soa5p ~e!(cy 3o~(oa,d SIP /nuk Ca//omu q/7bq (b/81 phi-a;qa ;Pal Sga~ogab EXHIBIT 1/" City of Rancho Curatronc~a 5320 Baseline Rd. Spite "C" P.G. Box 807 Ranch Ncamana Attr:: N.:. 11ovd Huh65, City frigineer Re: proposal, I:o.-th ?bwn Phase 1V Zrprovemrts Dear Mr. Hubbs, h6~G~ V E~ CITY OF FAROHO CUCRF:BNS0. ;4ar~lc you for the opportunity to subrit rtp' proposal for the abovE referenced project. I believe you will find it ccc{:lete and pertinent. I gave e7closed the following for your review: 1. Exhibit A, Smpe of work 2. Schedule "B", Design Schedule • 3. Schedule "C", Fburly Rates and fees 4. Stardard Fozm 254 5. Certificate of tbn-Discriltination 6. DlrvEE Project Participation or Good Faith Effort 7. Itenized Cost Sheet Please note I have included tt~ cost of error and missia~ irsurarce for six month p:riad which should be the length of this noject to mnsYruction. This is in answer to a request from your office. If yov require further imforrtation please call rte. Thank you for your attention to this matter. very c.,:ly yours, 5 Ray ~b, eaug}man RGS/rcb Enclosed • ' /AT n ^iclT "A" S.'OPE OP WQ J: ITT: NO. • 1. Su.-vey servic°s to establish: a. Centerline co.^,trol art statiozinq b. ;5-:ogrzF?rv fran ultimate richt-of-way lvnits c. Cross sections & 50 feet marirmrr intervals d. Mapping of pavement failti_es to identify re~rovals e. Legible field notes to be delive=ed to the City for record 2. Ltility research and coordinatian per the enclosed Utility Noti f>.catior, procedure to include: a. Reseerch and obtain. file copy of utility reps wzthir. the project 11m1 S. b. Plottire of such facilities in plan view on the construction draw'incs. c. Prepanna and tra~sittine plans with utility notices (blank notice fors to be provided by CYty) to all utilities. d. hbritorino response to such notiws, making recornrndations for riticatrng conflicts. e. Attending coordinztior, meetines, if required, regardinc adjustments and relocations. 3. E~cineerinc evaluatron and desien for paverent replace7ent and • resurfacinc, incluair, soils investigation and report. 4. Ptenare C.E.Q.A. Initial Stw~'y Part 1 d 2. 5. Prepare co^plete constrvction plans in accordance with CYty Stzndard r/ra'.:ings inclu~ng: ~. Flzrs and Profaes wit`:: 1. 7bFcaraFhy between ultimate Rig}:t-of-Way limits 2. Right-of-Way limit lines 3. 'tract an3 Iat Lines with numberings and Assessor's Parcel Numlx+rs 4. Utility location plottings 5. Construction limits and irstructiors 6. 9cistinS and proposed center line and tons of c'sb or edge cf pat2mert 7. Dusti.nc and pz oposed st.-eet lighting b. Cross section plottincs shoro: ine existinc_ and proposed iTprevemens to ultimate ric`,t-0f-way. North 1trm P~1'+ Irprgvarents - Ranc Cucarrorx~a - 4-26-8'_ iac S^..OPE OF h•JZ. h' c. ?7 tle sheet showinc: 1. ;Ytle 2. Vicinity zed lccatior. ~ppims a,d plan s7~e=_t indexin; 3. Utilit.• and draainc legends 4. bench net Y, an3 psis of bearinus 5. cbrs'.rvck;on qurntities 6. Sta.^.dard sipr~sture and title blo_}:s c. Stripinc Plans 5. Prepare level desc iptaon ir,:ludin^ dray:inc for co::ner cut-cff de.:i cations for: 7ssessor's Parcel a. 209-19"<-OI b. 209-192-C7 c. 2D9-191-09 d. 2D9-191-17 No. and Property a,'ner's address as follows: Arthur C. Jr. b SUSa^^. N.. Faustian, 5756 Acacia street, R.C., 91730 . Beulah Xar~aMVer, 16451 Rbne Iane, [?:mtinaton Beach, CA. ;2547 F1ice E. Johnson, 9'747 8th St., R.C. 91730 Michael D. H:~own. 15167 Blue laooor,, Valind, CA. 91745 7. Prepare ud rairta.n desipr. Files £pr trarssttal to the City at the m:-a:etior, of the protect x5rk (file listin,^,s attached. • 8. Prepare detailed mst--action quar.ity and IIi~iarer's mst estiTate. 9. Pre},y:e coMete ebatraa specifications usinc "Poiler Plate" SpeClflpatibr.5 pr0~2d°d Lti City indudirc: _. Boiler Fla:e L';' City a.. 2~;.;;.ce ir•: itin? bids b. Irst.^vc riot. to bidders c. Contract poposal (by emineer) d. Bidders infornetion e. Acree;rent f. Bonds and insaranc~ fortes v. General concitions 2. Special precisions ~' encineer. , 1C. F.ttendirr coorra.nation rreetinas with staff for desion re~•ie:r and prciec[ coor~.^.ation. 11. P.Ltent pre-co~.^L~vcCion cor~erence and pro•.7de des: gn cooreination dur.rg cors-.SV~t1o ;. North 2ba'n Phase 1V Irproveitents -Ranch Cvcatonga - 4-26-L'S /d ~ -2 d L_I o m J Tb'll/<YAr 7!'N/j • h h ~~ 4~ ' ~ Q ,~ a ~ ~,, o. ~,~ ~ :. V ~ ~ ~l v ~~ 4, ,,, ? 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"J 1' . ~ 2U >I q I VINr O ~q J, :}VS 1 T J VI'].NI L . ~ I I . : v ~ J .I : I 1 l 'I f ~ _ i - ; ` _ • = _ ~~ I i i ~~ ~ ` d I 6 I I T ~ O. 6 1 i 6 Y I S G j I ~ Y J~ I I j'll. 1 ^ r] T 41 N ~ ~ O I 'I y ,~~ ' ~ r ~ ~ O P •~ r ~ 1 -. ~ .. .-. .V li .,l I 1 • PROPOSAL CERTIFICATION OF NON-DISLRSMINRTIDN BY CDNTRACTOP.S As sc^liers of e_cc ds or services to the Ci:y of Ran the Cuc aaonca, the firm lis:_7 he iow c 'es th xt it does no: discriminzte in its emalc.^~ent with regard to zoe/h~and~iczp, race, color, religion, sex or nzt Tonal or is ~^., that it is in ;aaolizn ce with ali federal, state and local directives and exeaa ive orders rec zrd ine nc^.-discrimination in ema loyment; and that it aerees to demonstrz:=_ positively and ag5res5 ively the principle of equal op por :unity in e^-loy^en :. 'de agr e=_ specifically ,. io estzhlish cr ohsorve employment policies which affina:iveiy prcmcte cp ^, crwnities for minority persons at all }06 levels. 2. To ccmagn iczte this policy to all persons concerned, including zll comp xny emc leyees, eutside recruiting services, especially those serving minority com^,unities, and tg the mimrity communities at large. 3. To tike afi irmat ive steps to hire minority employees within the firm. • FIRM P.. F1.ur.!rar. a Fssociat<s TITLE CF ? nSCN SiGN1 \J S IG3~ Please include any additional information available repxrdinc equal opportunity employment programs now in effect within your firm. E-3 i3Y GOOD FAITH EFFORT Proposal/bid Opening: Project: The City of Rancho Cu[a,.monga has established a total Disadvantaged Business (D9) poal of 11X for this project composed of lOX owned and contro~led by ethnic minorities and IX owned and controlled by women. The Rzy wc?,a, r~z_~e= did not attain the goal; however, project Designer ,,ontractor files will reflect that a good faith e~fort was made through the ~ollowinq; (Check appropriate boxes) 0 Attendance at any presolic nation or preb id meetings; Advertising in appropriate publications; Provid ina written notice to a reasonable number of DBs and WBES; Following up initial solicitations of lnteres*.; Selecting portions of the work to be performed by OBs and WBES; [~ Providing interested DBs and WBES with adequate infermat ion; Neaotiat ing good faith with interested DBs and WBES; Q Making efforts to assist interested DBs and WBES in obta ininq bonding, lines of credit, or insurance; and © Effectively using the services of available minority community organizations; minority designer/contractor groups, local, State and Federal Minority Business Assistance offices, and other organizations that provide assistance in the recruitmen*. and olac ement ~of DBs and W6Es. • • The project files are available for inspection by State and Federal representatives upon request. esig /Contras Representative ~~ • /3~ ' ' ' I i& % D? StZ2IP^ IO:: CAST ] Sw-ve;~ ?880.00 2 Nnst_-udion Draw'ires 8000.00 3 Scils Report 1500.00 4 L;ility I~ti_'icztio:: d CD,CA Gs's:io:,naire 160.00 5 Le~:l Itsci^taon V 36C.OC 6 Quantities d Cost stirate 360.00 7 Speci:icztions 420.00 8 Meetincs 4CS.OD Shb~^btil 14,085.00 9 Irs~.sa^.ce, ;ro_s arc' onissions $250,000 per occurence - 52500.00 LcvuCable Preniun;: 210.00 pes rcnth. Si>: Nonths Coveraoe 1260.00 'iM.zl 15.355.00 ' 1C ~:LSt-vcticr, 5•,v-vey 2660.00 • forth RV m P}ase It LtQrovements - Fanc Cucamonga - 4-26-8~ /3~ D/WBE PROJECT PARTICIPATION • The City of Rancho Cucamonga has set the following annual goals for participation of projects receiving U.S. DOT/Block Grxnt Funds, by DBE znd WBE contractors for the period of October 1, 1934 through Se otembe~ 30, 1985. DBE: 10X, WBE: 1X Listed project for Fiscal Year 1984-86: PROJECT: NORTH TOWN PHASE IV Total Project Estimate: E I5y345"!n 1 ° ~ percent Disadvantaged Business Enterprise E percent Women-Owner Business Enterprise E • /37 I 1 ~J n CITY OF RAI\CHO CtiCAMONGA STAFF REPORT DAT'c: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer ~cc~a~o . ~J ~ \lr• p ~].~ j F - ~ntiWC ", Z '> ie;' - I SUBJECT: Award of Professional Services Agreement for Etiwanda Area Storm Orains to Mills and Lill Associated Engineers On April B, 1984, in response to a request by the City Engineer, Associated Engineers located in Ontario, California, submitted an engineering proposal for design of Area 2 Lines and Line 1-2 of the "Etiwanda Area Drainage Plan". The proposed fee to be paid from the drainage fund is 580,300. Rss ooiated Engineers was invited to propose on this work due to the previous record of timely and professional performance on similar projects for the c; ty. RECONNENDATION It is recommended that Associated Engineers be awarded the Professional Services Contract for Design and Plans, Spec if it at ions 6 Estimates for Lines 1-2, 2-1, 2-2 & 2-3 of the Etiwanda Area Orainage Plan far an amount not to exceed 580,300 plus 10X contingency and to 6e funded from the Drainage fund. tted, • ~3P PROFESSIONAL SERVICES AGREENENT • This Agreement is made and entered into this day of 1985, between the Ci[y of Rancho Cucamonga, a Municipal Corporation (hereinafter referred co as "CITY") and Nills and Lill Assoc is ced Engineers (hereinafter referred to as "CONSULTANT), A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of Design Studies and Calculation, Construction Drawings, Specifications and Engineer's Eatimat es far Erivmda Storm Drain Lines 1-2, 2-1, 2-2 and 2-3 ("Project" hereafter). (ii) CONSDLTANT has now submitted its proposal for the performance of such services, a Eull, true and correct copy of which proposal is attached hereto as Ezh iS it "A" and by this reference made a per[ hereof. (iii) CITY desires [o retain CONSULTANT [o perform profe sa tonal services necessary to render advice and asst atmce to CITY, GITY'a Planning • Commission, Cicy Council and staff in the preparation of Project. (iv) CONSULTANT represents Chat i[ is qualified co perform such services and is willing to perform such professional services ae here inefter defined. NON, T~REfDRE, it is agreed by and between CITY and CONSULTANT as follows: H. Amreemen [. 1. Definieiona: The fol loving definitions shall apply to the following terms, except where the contest of this Agreement otherwise requires: (a) Pro iect: The preparation of Design Studies, and Calculations, Conaeruction Drawings, Specifications and Engineer's Estimates described in Par[ I of Exhibit "A" int lading, but Rot limited [o, the preparation of plans, maps, ,surveys, reports, and documents, the presentation, boeh oral and in writing , of su<h plans, maps, surveys, reports • -1- i3 9 and documents to CITY as required and attendance ac any and all work sessions, public hearings and other mee cings conduc cad 6y CITY with respect [o the project. (b) Services: Such professional services as are necessary to be perf oraed by CONSULTANT in order to comple ce the project. (c) Completion of Pro je ci: The dace of completion of alt phases of the proj etc, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, mee [togs, otai presen[aC ions and attendance by CONSULTANT a[ public hearings regarding [he project ac cepcance for conscruccion is set forth in Pare I of Ezhibit "A". 2. CONSULTANT agrees as fellows: (a) CONSULTANT shall forthw i[h undertake and complete tfie project in accordance with Exhibit "A" and all in accordance with Pederal, State and City statutes, regulations, ordinances and guidelines, all co the reasonable sa [isf action o£ CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinaf ear tolled ively referred to as • "documents") including all aupplemencai technic ai documents, as described in Ezhibit "A" and to CITY within [he time specified in Exhibit "A". Copies of the documents shall be in such numbers as are required by the CITY. CTTY may thereafter review end fon+ard to CONSTLTANT co®aanta regarding said dotuments and CONSOLTANT shall tbereafter make such revisions [o said documents sa ore deemed necessary. CITY shall rate ive revised documents in such form and in the gnaniitiea determined ucesaary by CITY. The time liai[s set forth putsuanc [o this Section H2•(b) may be extended upon a vri[ten approval of CITY. (c) CONSULTANT shall, ac CONSULTANT'S sole cos[ and expense, secure and hire such ocher persona as may, in [he opinion of CONSULTANT, be necessary [o comply with the terms of this Agreement. In the even[ any each other persons are to Gained by CONSULTANT, CONSULTANT hereby warrants Chat such parsons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees chat no subcontr ac cor shall be retained by CONSULTANT except upon [he prior wr is ten approval of CITY. -2 ,yo 3. CITY agrees as follows: . (a) To pay CONSULTANT a sum of $80,300.00 for the pe rfozmance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment [o CONSULTANT, by CITY, shall be made in accordance with [he schedule set forth in par[ II of Exhibit "A". (b) Payments to CONSULTANT shall be made by CITY in accordance wi [h the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time of ter said invoices are received by CITY. All Charges shall be in accordance with CONSULTANT'S proposal either with respect Co hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in e:cesa of 95S of [he maximum payable hereunder prior [o receipt by CITY OF all final documents, together vi[h all supplemental technical documents, as described herein acceptable in fora and content Co CITY. Final payment shall be made no[ later then 60 days after • presentation of final documents and acceptance [hereof by CITY. (d) Additional services, Payments for additional services requested, in writing, by CITY, and not included in COflSIII.TANT's proposal as set forth in Exhibit "A" hereof, nhall he paid on are imbnrsemeni basis in accordance with the fee schedule sec forth in Exh ibic "8". Charges for additional aeroieea shall he i~oiced ao a monthly basis sad shall be paid h7 CITY within a re ae Doable time after ea id invoices ere received by CITY. If the CITY requires review and/or modificac ion by the COflSIILTANT of the hydrology provided by the CITY in accordance the third paragraph of I A of Exhibit "A", in addition co the teaks ae[ forth in I 8 1 (£) (g) and (h) cE Exh ibic "A" such work shall be considered "Additional services." - 3- • /Y/ 4. CITY agrees to provide to CONSULTANT: (a) Hydrology and backup information as sec forth in Part I A of Exhibit "A". (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (<) Such information as is generally availab Le from CITY Eilea applicable co [be project. (d) Assistance, if necessary, in obtaining information from other governmental agencies end/or private partie e. However, it shad be CONSULTAPT's responsibility to make all initial contact with respect to Che gathering of Such information. 5. Ownership of Documents: All documents, data, stud ies. surveys, drawings, maps, aodels, photographs and repmris prepared by CONSULTANT pursuant eo this Agreement shall be considered the properly of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered [o CITY by CONSULTANT. CONSULTANT may, however, make and retain such eopiea of aeid documents and materials as CONSDf.TANT may desire. Any use or reuse of the plane and specifications except at the •iie ivtrnded ar any alierwtimn or revision of the plena or specifications without the specific written consent of Che CONSULTANT shall be at [Ae sole risk of the CITY. The CITY agrees to bold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising oui of any such alteration or revision, or use or reuse a[ another site. 4 -4 /V> 6. Termination: This agreement may be terminated by CITY upon [he giving of a vzi[[en "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of to rminac ion specified in said Notice. In the even[ Chis Agreement is so terminated, CONSULTANT shall be coops nsa Ced ae CONSULTANT'S applicable hourly rates as set forth in Exhibit "B", on a prorata basis with respect to the percentage of [he project completed as of the date of termination. In no event, however, shall CONSULTANT receive more that [he amount specified in paragraph 3 (a), above except as provided in paragraph 3 (d) above. CONSULTANT shall provide to CITY any and all documents, data, scud ie s, surveys, drawings, maps, models, photographs and reports, whether i¢ draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate [his Agreement except for cause. 7. Pot ices and Designated Represencacives: Any and all notices, demands, invoices and wr i[cen communications between [he parties hereto shall 6e addressed as sec Eorch in this paragraph 7. The below named individuals, furthermore, shall be Chose persons primarily responsible far [he performance by the parties under [his Agreement: James Kindiq, Project Engineer for • and in behalf of [he CONSULTANT and Blanc N. Frandsen, Senior Civil Engineer on behalf of Che CITY. Any such notices, demands, invoices and written <ommunica[ions, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the 9nited States Yail, postage prepaid and properly addressed es sec forth above. 8. Insurance: CONSULTANT shall neither coaweoce work under this Agreement until it has obtained all inawrante required herenader in a company or companies acceptable to CIYY nor shall CONSULTANT allow any aubcontrac for [o coma:eace work ao a subcontract until all insurance required of tfie subcontractor has been obtained. CONSULTANT shall take out and mainca in at all times during the term of this Agreement the following policies of insurance: (a) M'ocker's Compensation Insurance: Be Core beginning work, CONSULTANT shall furnish co CITY a certificate of insurance as proof [h ac is • - 5- /4 ~ • has taken out full workers' compensation insurance for all persons whom it may employ directly or Ch rough subconcr actors in carrying out [he work specified herein, in accordance vi th the laws of the S[a to of California. In accordance with the provisions of California Labor Code Sect ion 3700 every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a cart if icac ion as Follows: "I am aware of [he provisions of Section 3700 of [he Labor Code which requires every employer to 6e insured against liability Eoz warker5' compensation ar to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of chis Agreement". (b) Public Liability and Probe rtv Damage• Throughout the [ern of chis Agreement, at CONSULTANT's sole cos[ and expense, CONSULTANT shall keep, or cause co be kept, in Eu 11 force and effec [, far [he mutual henefi[ of CITY and CONSULTANT, comprehensive, broad form, general public liability and • automobile insurance against claims and liabilities for personal injury, death, or grope rty damage arising from CONSULTANT'S activities, providing protection of at leas[ One Million Dollars ($1,000,000.00) for hod ily injury or death [o any one person or for any one accident or occurrence and er least One Million Dollars ($1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain ae all times during she life of this Agreement, a policy or policies of insurance concerning errors and ami ea ions ("malpractice^) providing protection of a[ leas[ $250,000.00 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing Engineering services hereunder on behalf of CITY. (d) General Insurance geauirement a: All insurance required by expre as provision of chis Agreement shall be carried only in responsible insurance companies licensed to do bus inesa in the State of California and pol is iea required under paragraphs 8.(a) and (b) shell name as additional insureds CITY, its elected oEf iciala, officers, employees, and agents. All - 6- /YY • policies 9ha11 contain language, Go the ezcen[ ob[ainab le, to the effect Cha[ (1) she insurer waives the right of subrogation against CITY and GIT't`9 elected oFfic ials, officers, employees, and agen[s~ (2) [he policies are primary and noncontributing wish any insurance that may be carried by CITY, end (3) they cannot be Cancelled or materially changed except af[eC thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing e_he insurance. CONSULTANT may effect for iGS own account insurance not :equ iced under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harml esa CITY, its elected and appointed offie tats, officers, agents and employees, from all liability from lps9, damage or injury Co persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, arising aut of any negligent or intentional or willful ac ra or ommissions of [he CONSULTANT in the perfozmance of chic Agreement, including, but not limited to, all consequential damages, [o the maximum ex cent pe rmit[ed by law. • 10. Assignment: No assignment of this Agreeme nc or of any part or obligation of pe rformence hereunder shall be made, either in whole or in part, by CONS JLTANT wichaut the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree [hat CONSULTANT and its employe ra, off icera and age nta are independent contractors ander this Agreement and shall not be construed for any purpose to be employees of CLTY. 12. Governing Lav: lbia Agreement shall be governed by tnd construed in accordance with the lava of the State of California. 13. Attornev'a Feea: In the event nny legal proceeding is ioat i[uted Co enforce any Ce rm or praviaion of the Agreement, Che prevailing party in said legal proceeding shall 6e entitled to recover ac COrneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. • _~_ ~yS • 14. Entire Agreement: This Agreement supe rsedea any and all other agreements, either oral or in writing, 6e cween the pa r[ies with respect to the subject ma[eer herein. Each party to Chis Agreement acknowledges chic no represen[a[ion by any party vh ith is not embodied herein nor any ocher ag reemen[, statement, or promise not contained in this ggreement shall be valid and binding. Any modification of [his Agreement shall be effective only if i[ is in writing signed by all parties. IN GITNESS WHEREOF, Ghe pa r[ies hereto have executed this Agreement as of the day and year firs[ se[ forth above: ~`S~~AQ/~/D7J LILLyngS~5~0)~CJi~A~T/~E~D/~EN[C1 ;_'ERS, INC. Robert E. Hills, President BATE; „~j ~~~ C'J' CITY OF RANCHO C1ICAMONGA . DATE Jon D. Mikels, Mayor ATTEST: Rpproved as to form: Beverly q, puthelet, Ciiy Clerk 8- iY~ E %HIBIT "A" P R O P O S A L I. SCOPE A. GENERAL The work consists of preparing construction plans and specifications Eor lines 2-1, 2-2, Z-3, and 1-2 of the adopted drainage master plan Eor the E[ivanda area [it led ETIRANDA AREA DRAINAGE PLAN AND DEVELOPMENT POLICIES. it is proposed to prepare the plans in such a moaner that each of the four lines can be construe ced as a separate project, or combined into a single project, or combined with portions of other lines far a specific construction project. This will involve se Para ce stationing Eor each line and separate plan and profile sheets for each line, but we propose a cover sheet with index map and general no ce s, and also detail sheets which would be included in all projects. Specific designs will utilize [he hydrology and in general the volumes of runoff indicated by [he master plan. Ic is our understanding [hoc the City • will provide co us [he hydrology and other backup information from uh ich [he master plan vas developed. In general this information will be accepted as the basis of design although refinements will 6e required where sub areas can he more accurately defined and specific pickup points are dece rmined. Interim conditions, pare itularly with regard to East Avenue will 6e inve stiga ced which will require revised hydrology for a portion of the project. Specific ationa will conaiat of special provisions applicable io the entire project. The City, 'or others who may be awarding contracts For specific portions of the overall project can [hen incorporate these special provisions with general conditions and other appropriate coo[rac[ documents [o provide jab specifications for a specific project. 41o rk in connection with acquisition of ri ghcs of way or easements is not included within the scope of thin Proposal. IL is antic ipa ced ihaz required acquisitions will be minimal, but [he requirements will depend on the final design. Timing is also a Eaceor. It is proposed eo show proposed easement widths as well existing rights of way on [he plans. However if plats, descriptions, title work, or ocher work are required Eor acquisitions is is sugge seed [hoc either a separate contract or an addendum to the design <oncracc be negotiated when the right of way work is needed. B. SPECIFIC TASKS Tasks will be performed in approximately she same sequence in which they ere listed. -1- /l/7 1.Preliminarv Phase (a) Preliminary surveys (1) Block surveys necessary for horizontal alignment control. (Noce: We have comple cad a substantial part of [his item in connection with other projects). (2) Se[ horizontal and vertical controls for aerial survey. Run bench circuit and se[ picture points. (3) Research utilities or other underground facilities. Wi ch assistance and backing by the Ciey arrange co have the owner's of underground facilities uncover [heir pipelines or other Eac it is its. (4) Obtain field elevations of potholed facilities and details of any existing structures which may affect design. (6) Provide topography at a scale of 1"~ 40' with a contour interval of one foot along the proposed storm drain alignment. The width covered will be approximately 200 feet. This strip will be presented as a screened background for [he plan poc[ion of the construction plan and profile sheets. (c) Provide a soils investigation and repo rt.(See Ac[achme nt A Ear scope of this item). (d) Meec with the City Engineer to determine any general parameters • affecting design. Resolve uha[ pipe materials are acceptable, standards to be used. (e) Contact San Bernardino County Fl oud Control Dis[r icC concerning [heir existing B/W, possible join[ use of easements or rights of way, and requi remen[s for line 2-1 outlet to the Victoria Basin. (Note: City Engine ez should be represented dozing tfieae discussions). Also coot set Cal lYans if and when i[ appears likely that some work may be proposed wi Ch in their right of way. (f) Examine the City hydrology and other backup material provided to the City by consultant who developed the Master Plan. (g) Determine likely collection points in view of proposed deve Lopments and if necessary refine hydrology [o conform. (h) investigate interim conditions, with respect to carrying capacity of Easr avenue. Rerun hydrology assuming [he area north of Sumait remains in its present state at the time the Lewis and/or Jensen Tracts are developed. Make recommendations. Projec tad completion date for Phase L -30 calendar days after contract • approval. _2_ /yP 2. Plan Preparation and Design (a) Add street rights of way, survey controls and utility information Co background plans. (See 1(b) above.) (b) Ploc preliminary alignment on worksheee duplica to [ratings. (c) Show proposed scrue [ores which are co be par[ of the project c ons trot [ion. Show types and approximate locations. It ie proposed [o use Standard Plans fot Public Works construction wherever suitable and L.A.F.C.D. standards for Ocher structures, if applicable. (d) (e) (f) (R) • (h) (i) Plat C.L. prof ilea. Plot F.L. grades on profiles. Nydraul is [alto lations. Determine required pipe sizes. Submit preliminary design co the City Engineer for review. Discuss the design with the Cicy Engineer end iE ne testacy modify the design as a result of cfiese discussions. Calculate precise alignment. Calculate precise flowline grades. (j) Refine hydraulic calculations. (k) Size connector pipes ac collection poiata. De [ermine size and location of any catch basins or other is le cs io be installed as part of the project. Modify main line design to accommodate these cooaeccioas if necessary. (1) Complete cansirnction plans is accordance with final design. Plana will 9hOM project limits fr:r each of the four Linea. (m) Submit portions of plaoa which will require a permit from [he San Bernardino County Plaod Control Dis crict or from Cal Trans to [hem for [heir respective reviews and comuencs. (n) Submit Einal plans to Che City Engineer For review and make corrections, iE necessary. Projec'ed ccmpie [ion date for phase 2 - 75 calendar days after contract approval. -g- /Y/~ 1. Specific scions, Quan city Escima tes and Cost Escimaces (a) Specifications Either the Standard Spec if ita[ions for Public World Cons[ruc cion (Greenbook) or Cal Trans Standard Specifications can be used as the standard Specifications for this project. Since the Cicy normally uses the "Greenbook" re reco®end it be used here. As discussed in IA above, complete speciEicacions including contract documents are not feasible since neither contracting entities nor the specific contract limits can be determined ac this rime. Therefore Special Provisions rhich rill apply throughout [he project rill be prepared for inc luaion in the s peeifica[ions for a specific construction project. These rill include applicable standard drawings. Some modifications and/or deletions may be needed for some cons traction pra jetCS. (b) Quantity Escimaces A se para[e estimate of quantities rill be prepared Eor each line c on Eorming to line project limits shorn on the plans. However specific conecruccian proje<[s may include portions of some • linen requiring adjustment of bid quantities. (<) Cosc Estimates An Engineer's cost estimate rill be prepared for each line based on the quantity estimates and estimated unit costa pf the various items of work. The E21R construction coat index current at the time of the e etimece rill be stated so that updated cm [s far specific construction projects may be estimated at tfie time the? are bid. projected cnmple tion date for Phase 3 - 90 calendar days after contract approval. • _q_ /S~ II. PEE PROPOSA:. The follosri ng proposed schedule of Eees relates [o casks listed in Seceron IB above: Task Vo. Ge eral Descc ipcion Fee 1, P eliminary Phase (a) Preliminary Survey 3 7, T00 (b) TopograPhY S 4,100 (q) Soils Inve scigation S 8,000 (d) through (g) Co lleccion of information, establish design, parameters, § 8 q00 analysis. Sub total-Preliminary Yhase p. Plan Preps anon and Design • (a) through (g) Preliminary Design (h) through (n) Final Plans and Design Subcocel-P1 an Pzep. and design 9. ~ ific ac ions and Estimates (a) Special Prov iaiona (b) Quantity Estimates (c) Coat Estimates Sub LOCal-Specif is at ions and Escima tea TOT,[L FEE §28,700 SL0,500 §J1,000 341,500 S 6,800 § 2,500 S 800 510,100 580,100 Reyroduecion Coaca _ Ne propose to furnish, vi Chou[ cost [o the Ci[y, the prints end duplicate [ratings srh ich ve use in designing [he project. We propose to hill checkpr iota and specific anon checkseta suhr.it ced [o the City or co other -5- /S/ agencies at our direct cost. It is assumed chat if [he Cicy wants additional • copies of plans and spec ifica[iona For bidding or other purposes the Cicy will pay the printer directly or will make the copies in house. However if ve are dire cced by the Cicy co provide such additional copies ve will be glad co do so ac our direct cost plus 155. COMPARISON OF PROPOSED FEEB TO ASCE MANllAL N0. 45 Note: Curve B of Hanual 45 does not include surveys or soils invest iga[ions. However iC does include consultation services during cons cruc tion vh ich are not included in this proposal. The fol loving tabula tioa is based on cost eaiimazes contained in the Master P1 an. Line 2-1 6956,400 Line 2-2 300,000 Line 2-3 105,600 Line 1-2 210,000 TOTAL 61,572,000 Manual 45 Proposal . Basic Services as S of Conacruction 8.7 J.8 Basic Services (Total less soils b surveys) 689x600 660,500 Surveys 11,800 11,800 Sails Inves tigacion 8,000 8,000 Total including Soils and Surveys 109,400 80,J00 -6- C J /Sa ~ RICHARD MILLS ASSOCIATES 9a2~ iurnn Aronua ~ aancno L::c~menga. Caillomla 917]0 ~ (71 ~) 9]91751 ETIWANDA STORM DRAIN LINES 1-2, 2-1, 22, AND 23 SCOPE Op SERVICES A. FIELD EXPLORATION 1) 16 Test holes excavated with a tractor mounted backhoe to a maximum depth of 20 feet. 2) 6 test borings drilled with a hollow stem auger drill rig to a maximum depth of 20 feet. 3) Identification and sampling of the major soil types encountered. • B. LABORATORY TESTING 1) Sieve analysis of the major soil types encountered. 2) Direct shear tests of the major soil types encountered. C. ENGINEERING REVIEW AND REPORT PREPARATZ ON 1) A review of site and soil conditions. 2) Design parameters for trench shoring. 3) Reco:~endations for: a) Excavation equipment b) Temporary excavation scopes c) Pipe bedding d) Trench backfill Attachment "A" OFOIOGY iOUNnAM1ON FNGMFFGING nmMn /s3 c0\SI'LTL\^. FS;;1\EE?I\r 39 n. Rater dstrihution lines under 16 m. ~41p nvnj dia mete-. o. Complicated waterfrom and marine terminal facilities p. Foundations. y. Lar¢e sports stadia. 4. Projects of Aeerage Complexity- Curce B in Fig. ?presents histonc compensation data for protecs of acera¢e complexih. T~'pi- cal examples of These less complex projects are as follo\rs: a. Industrial buildings. \carehouses. parking structures. hangars, and comparable structures. b. Bodges and other structures of cuncentinnal design. e Simple \+aterfruN faetli lies. d. RJIII+J\a e Roads and streets f Cunvemtnnal les ees. flood ++alls. .md re iaimne s+,dls R Small drams h, Sraer Jnd s.n!er tunnels 1(ree-airl. 1. Sturm seo ers and dnuns. t. Samtan se\\ers 74 tn. Ifitn mm) and larger diamrler k (Cater dtstrlhutlan lines 1fi in. 1410 mm~ and larger dlamrtrr • L L-rtgation \wrks. escnpl pumping plants. m. Avpuns except those classified as Curce .•~ protects. 5 Method of Estimating Charges -The actual construction cost Is used onto ns a pmde to determine the final fee. The follo\cing steps apply, a. The compensation cun'es presem histonc compensation Por the three phases n( the has¢ serclr:es descnhed in Section IL .4s a Rmde !o allocating charges fer the separate phases the folio+cm¢ percema¢es ma+ apply m a eery general war: Prelimm.rre Phase-as much as 35"4 0( total base compensanon: Design Pfiase-as much as 90~~: of Intal Lasic compensanon: anti Cnnstrurtmn Phase-as mucfi as 75"~ of total basic compensa- Imn. Attachment "B" 8-1 • isy • CO.\5L'LTI\G E\GiSEERICG 1 I 1 S a fwC OCO ' '. 3CC WO SCO CCO 1,000 CCO j 5.000.000 10.000 000 ' ~ SO GGO 000 IOC Cv0 CCO 9Ct 811 )00 !~" 632 5 31 19) aE9 ' ~ 61 _ ~ i ' _ I I'. j I I ''. I ~ ~. '',I ' II I it I i '~ i I ~ ii I ~~ i ~ I I '' ~ ' ~ ~ I ~ I I . I :.. ~~ ~ I I'. I ~ l I ~ i I ~~ I ~~ l i li ~ i I ~I lull'! ~'~ I III~I ~~ ~ ~~I Iii ~!I 01 (1114 !11 If [ m u ii 0 NII CanSIfuC1~On COtl, i~ m~lliOnt OI Oollilt HI'. J ._CI'N\ F. II \I EI11.\\ (10\IPF.\N 1l'II I\ I UN II:\SIC tif:N \'If. h:S I:\I`H1~.95ha1 \S .\ Ph'H(R:\ I'AGY. Uf S4:T fll\YTNI'CTI(i\ CuST FUN I'N UI!:IS UP \\'F:N.\I;h'. f.U\tl'I. h..\IT1' IlBnnl Rttachment "8" B-2 /SS Associated Engineers CONSULTING CIVIL EHQINEEHS • 31e EAST 'E' STREET • ONTARIO. CALIFORNIA i17e• . 17 tat gee-sate MAILING ADDRESS: R.O. BO%9119, ONTARIO, CA 91761 EXHIBIT "B" HOURLY RATES (Effective 8/1/84) Principal Registered Civil Engineer $78.00 per hour Principal Licensed Land Surveyor $63.00 per hour Associate Land Planner $55.00 per hour Civil Engineer 1. Senior $63,00 per hour 2. Associate $Si.00 per hour 3. Assistant E47. 00 per hour 4. Junior $39.00 per hour Senior Designer !Draftsman E45. 00 per hour Designer/Draftsman $41.00 per hour • Draftsman -1 $38.00 per hour Draftsman -2 $33.00 per hour Engineering Aide $2i. 00 per hour Key Punch Operator $24.00 per hour Secretarial ~ $23.00 per hour 3-Man Survey party $1 ii. 00 per hour 2-Man Survey Party S11 i. 00 per hour Above schedule is Eor straight time only and in case of overtime, the rate charged for will be I-1/2 times the hourly rates shown and Sundays and holidays at 3 times the hourly rates shown. These hourly rates do not include printing costs which are belted at cost or fees paid to Governmental agencies or others. • RLANNING DESIGNING SURVEYING rnmv nn n ~ vnrr~ rr-r ~ rrnw•n , STAFF REPORT DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: 81 one W. Frandsen, Senior Civil Engineer ~`o ~~_..., iVCy y~'i "~~'z r1 U • 197] SUBJECT: Approval of Professional Services Agreement for the preparation of reconstruction and resurfacing of Vineyard Avenue from Base line Road to Carnelian Street with Willdan Associates On April 29, 1985, responding to a request from the City Engineer, Willdan Associates located in San Bernardino, California, submitted a proposal for Plans, Specifications & Estimates for the subject project. The consultant was selected 6y the City Engineer by virtue of their current work to prepare park site improvement plans for the Red Hill Dark site which fronts onto Vineyard Avenue thru most of the reach of the street to be reconstructed. The fee proposal is for E9,900 to be funded from SB 325 fund. A 10X contingency, in addition to the proposed fee, is requested to allow for printing charges and extra work should the need arise. RECOMMENDATION It is recommended that Council approve the attached Professional Services Agreement with Willdan Associates for Design, Plans, Specifications & Estimates for the reconstruction and resurfacing of Vineyard Avenue for an amount of E9,900.00 plus 10% contingency. Respec ully ubm,>kted Att ac ents /S7 • PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 19_, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY') and 'Willdan Associates, Engineers & Planners (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its request for proposal pertaining to the performance of professional services with respect to the preparation of reconstruction and resurfacing of Vineyard Avenue from Baseline to Carnelian ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal far the performance of such services, a full, true and correct copy of which proposal is attached hereto as Exhibit "A" and 6y th i5 reference made apart hereof, • (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) •CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between C[TY and CONSULTANT as follows: 8 Agreement 1. Definitions: The following definitions shall apply to the following terms, except where the wntext of this Agreement otherwise requires: • lSd 1 • (a) Project: The stop^_ of services described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, pu6l is hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project; The date of Completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of the • scope of services as set forth in the Project Schedule of Exhibit "A" hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A hereto and all in accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (h) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CITY 'xi thin the time specified in the Project Schedule of Exhibit "A". Copies of the documents shall he in such numbers as is indicated by Exhibit "A". CIT'! may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall receive /SS _Z_ n ~. revised documents in such form and in Lhe quantities determined necessary by CIT'f. The time limits set forth pur;u ant to this section B2(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sale cast and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSUL TANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall 6e retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) 7o pay CONS ULTAN7 a maximum sum of ;9,900.OD for the performance of the services required hereunder. This sum shall cover the cost . of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall 6e made in accordance with the schedule set forth below. (h) Payments to GONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such fnvoicez shall be paid within a reasonabie time after said invoices are received by CITY. A71 charges shall be in accordance with CONSUL TANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, wilt said invoices exceed 90% of individual task totals described in Exhibit "0.". • ~G• o • (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULT.4NT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shalt be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY aorees to provide to CONSULTANT; (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONS ULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Oncumen is: All documents, data studies, /(e/ _4_ surveys, drawings, maps, models, photographs and reports prepared by • CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, uoon payment far services performed by C0~9S ULTANT, such documents and oth=_r identified materials shall be d=_livered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said ?lotice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "A", on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than • the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. COISULTANT may not terminate this Agreement except for cause. 1. Notices and Designated Reor es ent ativ=s: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7, The below named individuals, furthermore, shall be those persons primarily res po ns isle for the performance by the parties under this Agreement: Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the • /G 1 -5- • United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required 'Hereunder in a company or companies acc=_ptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONS UL TRNT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Comoensaton Insur anc=: Before heginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compens aton insurance for all persons whom it may employ directly or through subcontractors in carrying out the work • specified herein, in accordance with the laws of the State of California. In accordance with the provi~;nnc of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3100 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in ac cardance with the provisions of that Code, and I will comply ~,vith such provisions before commenting the performance of the work of this Agreement", (b) Public Liabi li tv and ~rooer*y pam aae: Throughout the term of this Agreement, at CONSULTANT'S sole cast and expense, CONSULTANT shall keep, or cause to 6e kept, in full force and effect, far the mutual /~3 -fi- benefit of CITY and CONSULTANT, comprehensive, broad form, general liability • and automobile insurance against claims and liabilities for personal injury„ death, or property damage arising from COILS ULTANT's activi `.i es, providing protection of at least One !lillion Ooll ors (51,000,000.00) far bodily injury or death to any one person or for any one accident or occurrence and at least One ~'li Ilion Ooll ors (51,000,000.00) far property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least 5250,000.CO for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing scope of services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance • required by express provision of Lhis Agreement shall be carried only fn responsible insurance companies Licensed to do business in the State of California and policies required under paragraphs 8. (a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer wafves the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insuranc=_ that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY 6y certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them or certificate evidencing the insurance. CO"ISULTAf77 may effect for its -LJ y6Y • own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of or incidental to the performance by CONSULTANT of this Agreement, including, but not limited ta, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Oamages: In the event that CONSULTANT fails to submit to • CITY the completed protect, together with all documents and supplemental material required hereunder, in public hearing farm to the reasonable satisfaction of CITY, within the time set forth herein, or as may 6e extended 6y written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Ninety Nine dollars (599.00) or 1% of the total fees per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor 6y the parties hereto to estimate a fair compensaton for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or 6y acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors /Gr -8- under this Agreement and shall not be construed for any purpose to 6e • employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall he entitled Co recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 15. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other • agreement, statement, or promise not contained in this Agreement shall he valid and binding. Any modification of this Agreement shad he effective oniy if it is in writing signed by all parties. IN WIT'lESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: iSULTANT ~~tiQ ~ ~~ CITY Mayor ATTEST: City Clerk • /L~ -, - f~.~ ~' W ILLDAN ASSOCIATES ~ _ . = ~ .__ = : '~ ~ _=' .:.= = EXHI3IT A April 29, 1985 r!~M~~ htr. Lloyd 9. Huhbs City Engineer City of Rancho Cucamonga 9320C Baseline Road Rancno Cucamonga, CA 91730 Re: Proposal for Vineyard Avenue Reconstruction Baseline to Carnelian, Rancho Cucamonga CIiY vF R. hCh'0 OllC4 X,G PGA Dear Lloyd: In response to your request, we are pleased to submit this proposal to prov lde engineering serv Ices for the reconstruction and resurf acing of Vineyard Avenue from Baseline to Car nellan. Based on our understanding of the project, we . propose the fol law tng Scope of Serv Ices: 1. Meet with the City staff to rev lew the project, In more detail, and to Identify the procedures to 6e followed in processing the project through the Cfty. 2. As sembie and review avallzble Information pertai ning to the project Including as-built Improvement plans, record maps, utility informa- tion and other available data. 3. Conduct field surveys to establish centerline control and statton- Ing, obta In cross-sect) ons at 100-foot Intervals, and obtain topc- graphic Information from curb to curb or at edges of pavement and berms. 4. Conduct Bolls Invest lgatlons consisting of five (5) borings at vari- ous locations within the prof ect limits to determine ex lsting struc- tural sections and Boll conditions, and an R-value for oval uatlon and des) gn of the street pavement Improvements. Three (3) of the bcrings wltl 6e made in areas where visible pavement dlstr ess ex- ists. Two (27 borings will 6e made within areas of newer paving to conf lrm structural sections and determl ne If rehahllltation measures should be taken. 5. Prepare Improvement plan base sheets from the field survey data and other av allable data at a scale of 1 Incn equals 40 feet. 155 HOSPITALITY LANE • SUITE 110 SAN BERNAROINO, CALIFORNIA 92408 • (714) 824.2143 /b 7 Mr. Lloyd S. Hubbs • City of Rancho Cucamonga April 29, 1985 Page Two 6. Field review the fob site with memhers of City staff to determine nature, scope antl extent of pavement reconstructicn and resurf ac ing to meet budgetary limitations. 7. Prepare final Improvement plans and spec (al provisions for the project Improvements, pavement removals, reconstruction and/or pave- ment overlays, A.C. dike consiructlon, utll lty covers to be adjusted to flni sh pavement gratle, and other Information as requ lred. 8. Prepare preliminary quant lty and cost est lmates. 9. Process plans, spec lal prov lslons and cost estimates for City rev lew and approval, incorporat ing any necessary rev lslons. 10. Prepare final detailed quantity and cost estimates for the project Improvements. 11. Prepare and ma intaln design tiles for transmittal to the Clty at the completion of the profect. 12. Provide des lgn word loot ion during consiructlon cons lsting of Inter- • pretatfon of the plans and spec if lcatlons, and answering questions regard log Intent where clarification is needed. We propose to perform the work described aDOVe on a time and materials basis for the following not-to-exceed fee: I. Design Plans and Specf al Prov lslons E6, 000.00 II. Soils Investigations and Pavement Des lgn 1,200.00 III. Design Survey 2,700.00 TOTAL FEE E9, 900.C0 • /6 P Mr. Ucyd 9. Hobbs City of Rancho Cucamonga April 29, 1985 Page Three We anticipate that the work effort would be completed within thirty (30) days £rcm the date that we are authorized to proceetl. 'Ne would propose to submit a single Invoice for the services performed follow ing completion of the wcrk and basetl on the hourly rates shcwn on the following page. Respecttutly submitted, WILLDAN ASSOCIATES ~-: ~ Oav 10 E. Hedt and Vice President/Reg lonai Manager DEH/nC • /49 SCHEDULE OF HO L'R LY RATES August 199-1 • Classification Fee Rate per Hour Sr. Consul;a nt 3 90.C0 P nr.c mat Engineer 80. C0 D rvision Vanager i1.C0 Pralect Director il. C0 Sr. Protect Engineer 65. C0 Protect .eta nager 58.C0 Pralect En gtneer 53. C0 Sr. Designer 48. C0 Design Engineer -1'_.CO Sr. Draftsperson 42.C0 Designer 38.50 ~ Draftsperson 35 . 00 Jr. Draftsperson '-6.50 Constr uc ttan Observer (Public Works) 44.00 Sr. Real Property Agent 65.00 Real Property Agent 58.00 Assistant Property Age of 48.00 Sr. Survey Analyst 5?.50 Sr. Calculator 52.50 Calculator II • 42.00 Survey Analyst 38.00 Calculator I 35.00 Survey Supervisor 60.C0 Party Chief 58.00 Two-man Field Party it?. 00 Three-man Field Party 1x5.00 Computer Time - 60.00 Computer Data Entry 26.50 Cle ncal 21.00 Delivery 21.00 Consultation in connection with li Ligation and cour t appearances Will be quoted separately. The above schedule is for siraig ht time. Overtime will be charged at 1.25 times the standard hourly rates. Sundays and holidays will be charged at 1.70 times the Stan Gard hourly rates. It should be noted that the foregoing wage rates are effective through July 31, 1985. The rater may be adjusted after that date to compensate for labor adjustments and other increases in labor c osts. r1 U no r M'V nc n M1+.rr vn rift n i~nnrr n C~ ~1 _.__ _ ___-___ __ ~Li,,,....,U li-, STAFF REPORT ~, 9 ~, + ~~r z ~~? - ~ ~h i~; ; DATE: June 5, 1985 TD: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Dave Blevins, Senior Public Works Inspector SUBJECT: Approval of Professional Services Agreements for Construction Staking and Soils & Materials Testing with gssoc fated Engineers and Pioneer Consultants respectively Attached are Agreements executed by Associated Engineers of Ontario for Construction Staking and by Pioneer Consultants of Redlands for Soils and Materials Testing. Both Agreements have been approved by F, Mackensie Brown, the Assessment District Bond Counsel. The Construction Staking Agreement with Associated Engineers is for an amount not to exceed 575,600.00, The Soils and Materials Testing Agreement with Pioneer Consultants is for an amount not to exceed 550,000.00. RECgMEM0ATI0N It is recommended that City Council approve the Agreements for Professional Services with Associated Engineers and Pioneer Consultants to provide Construction Staking and Solis & Materials Testing, respectively, for the Alta Loma Storm Drain - Assessment District No. 84-2 and authorize the Mayor to execute said Agreements. Respectfully subxJitted, ~ +~r v LBH:UB:jaa U Attachments /~/ AGREEMENT FOR ENGINEERING SERVICES • THIS AGREEMENT, made and entered into this _ day of 1985, between the CITY OF RANCHO CUCAMONGA, a Municipal Coroorat ion, hereinafter referred to as "CITY", and MILLS ANO LILL, ASSOCIATED ENGINEERS, INC., duly iicensed engineers of 316 East "E" Street, Ontario, California, 91764, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, the LITY has a need for engineering services, consisting of Construction Staking for the A1[a Loma Storm Drain and related work, Assessment District 84-"c. NHEREAS, the CITY has invited the ENGINEER to provide required eng inecr ing 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 for the CITY under contract. NOW, THEREFORE, the CITY and the ENGINEER, for the considerations hereinafter named, agree as follows: ARTICLE 1 The ENGINEER agrees to furnish and perform construction staking for street work and storm drain construction far Assessment District 84-2 as follows: Channel - approximately 4,500 linear feet Storm Drain - approximately 600 linear feet Street Work - approximately 1,500 linear feet Miscellaneous work in 3 drainage basins • Aerial Topo - approximately 6,000 linear feet -1- ~-7 } The ENGINEER will set one set of stakes for the following items: I. Reestablish ground control for updated aeriai topo of construction area for yardage calculations. Reestablish ground control for 2nd topo of basin area. 2. Clear Lath lath will be set at 200'-300' intervals as necessary. 3. Alignment Establish centerline controls and reference out. Stake centerline for slope stakes and X-Sections if necessary, 4, Rough Grade • Siope stake channel sections (50' stations) and grade stake basins as necessary, S. 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 dirt quantities. (b) Rough grade stakes (c) Offset stakes for curb and gutter (d) Subgr ode stakes if required (e) Mark removals and joins 8. Storm Drain Set offset stakes at 25' stations. -2- /~3 9. Aerfal Topo Approximately 6000' x 200' updated 1"=40' sc aie aerial topo Final topo basin area 1"=40' scale - 54,000 Volume calculations by digital process in basin area 10. Office Plot sections and calculate earthwork volume. The ENGINEER wilt keep and maintain daf ly records of all survey activities 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, discussions with supervisor, project engineer, inspectors, contractors, etc., office time and activities, calculations and any other time that will be Charges against the project and provide CITY with one copy of all daisy reports at end of every week in which work is performed. The ENGINEER will pay his labor the prevailing wage rates as determined by the State of California Direc'or of Industrial Relations. ARTICLE II The CITY agrees to pay the ENGINEER, at the following hourly rates as compensation for the named professional services; 3-Man Survey Party 2-Man Survey Party 3-Man Survey Party w/Elect 2-Man Survey Party w/Elect Senior Civil Engineer Senior Design Draftsman Oraftsman Key Punch Operator E149.00/hour 5119.00/hour Distance Measuring Equip, 5159.00/hour Distance Measuring Equip. 5134,00/hour 565,00/hour 546.00/hour 542.00/hour 524.00/hour The fee for the services stated in Article i shall not exceed 575,ODD -3- U • /7N • The ENGINEER will bill the C[TY Monthly an amount equal to the hourly rate(s) times the numbers of hours worked Dut not more than a proportional part of the fee for the work completed at the date of billing until all work has Seen comp leled and totally billed. ARTICLE III If the work is suspended indefinitely or abandoned prior to the completion of the Engineering services set forth in this agreement, the CITY agrees to pay the ENGi NE ER, at the rates set forth in Article II, to the time of said suspension or abandonment, which payment is to be the full and final settlement for all the work performed by the ENGINEER to said time, and such work shall become the property of the CITY upon said payment. ARTICLE IV Insurance: ENGINEER shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall ENGINEER allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. ENGINEER shall take out and maintain at all • times during the term of this Agreement the following policies oc insurance: A. Workers' Comoensat ion insurance: Before beginning work, ENGINEER shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all pe•sons whom it may employ directly or through ~subcontr actors in carrying out the work specified herein, in accordance with the laws of the State of California, In accordance with the provisions of California Labor Code Section 37(10, every employer shall secure the payment of compensat ipn to his employees. ENGINEER prior to commencing work, shall sign and file with CITY a certification as follows: "[ am aware of the provisions of Section 3700 of the Labor Lode which require every employer to be insured against liability for workers' compensatf on or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before A commencing the performance of the work of this Rgreement." ,/ -4- /7i B. Public Liability and Property Damage: Throughout the term of this • Agreement, at ENGINEER'S sale cost and expense, ENGINEER shall keen, or cause to 6e kept, to full force and effect, for the mutual benefit of CITY and ENGINEER, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from ENGINEER'S activities, orov id ing protection of at least five Hundred Thousand (5500,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least Five Hundred Thousand (5500,000.00) for property damage. C. Professional Liability: ENGINEER shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance. concerning errors and omissions ("malpractice") providing protect in of at least 51,000,000.00 for errors and omissions ("malpractice") with respect to loss arising from actions of ENGINEER performing services hereunder on behalf of CITY. D. General Insurance Requirements: All insurance required by express • provision of this Agreement shall 6e carried only in responsible insurance companies licensed to do business in the State of California anA oolic ies required under Article IV, A. and 8. shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY'S elected officials, officers, employees, and agents; (2) the ool;c ies are primary and noncontributing with any insurance that may he carried by CITY; and (3) they cannot be canncelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. ENGINEER shall furnish CITY with toptes of all such policies promptly upon receipt of them, or certificate evidecing the insurance. ENGINEER may effect far its own account insurance not required under this Agreement. 1"~ L -5- /7~ ARTICLE V Indemnification: ENGINEER shall defend, indemnify and • save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability Erom loss, damage or injury to persons or property, including the payment by ENGINEER of any and all legal costs and attorneys' fees, in any manner arising out of negligent acts, errors or omissions of the ENGINEER, or incidental to the performance by ENGINEER of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by Law. ART iCLE VI Assignment: No assignment of this Agreement or of any part or oDiigat ion of performance hereunder shall be made, either in whole or in Dart, by ENGINEER without the prior written consent of CITY. ARTICLE VI[ Independent Contractor; The parties hereto agree that ENG iNE ER and its employers, officers and agents are independent contractors under this Agreement and shall not De construed for any purpose to be emp lovees of CITY. ARTICLE Viii Govern Ina Law: This Agreement shall be governed by and S construed in accordance with the laws of the State of California. ARTICLE IX: Entire Aoreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement ackn owiedges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this AGreement shall be valid and binding. Any modification of this Agreement shall he effective on~y if it is in writing signed by all parties. ARTICLE X: Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of [he Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determir;' by the Court to be reasonable. -6- /77 IN MITNESS iMEREOF, the parties hereto have executed this Agreement as of • the day and year first set forth shove: CITY OF RANCHO CUCAMONGA BY: Mayor ATTEST: City C er MILLS ANO LILT ASSOC IAT D ENG iNEER L.H. Noreen, Secy./Treas. APPROV/ED1 AS TO FORM: BY: IAIII, nu i~ -~`~ty gttorney _7_ /7Y • • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this ~~'~ dzy of Ct;.~~~ 1995, hetween the CITY OF RANCHO CUCAMONGA, a Munic ioal Coraoration, her_inafter referred to as "CITY", and PIONEER CONSULTANTS, I~1C., duly lic=_ns=_d Geotec hnical Engineers of 251 Tennessee Stree*-, Redlands, California, 92373, hereinafter referred to as "ENGINEER". WITNES SETH NHEREAS, the CITY has a need far geotechnical engineering services, consisting of Soi 15 and "laterial5 Testing and Geotechnicial Engineering for the Alta Loma Storm Drain and related work, Assessment District 94-2. NHEREAS, the CITY has invited the ENGINEER to provide required engineering services far the CITY; • NHEREAS, the ENGINEER has specialized knowledge, training and experience in Soils and Materials Testing; and NHEREAS, the ENGINEER indicates willingness to perform engineering services for the CITY under contract. NGN, THEREFORE, the CITY and Lh< ENGINEER, for the considerations hereinafter named, agree as follows: ARTICLE 1 The ENGINEER agrees to furnish and perform soils and material testing for street work and storm drain construction for Assessment District 84-2 as follows: L EARTHWORK 08 SERVATI ON This item shall include full time ohservation of clearing 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- 779 II. BACKFiII 08S ER'lATICN • This item shall include nhse rv ation and certif ration of harbFill and compaction of all channels; soil lway; storm drzin pipe; hox culverts and drainage Structures to verify and insure compliance with contract special provisions and the standard specifications. III. TN PLACE MA%iMUM 9ENS2?Y TESTiAG Cn accordance with the contract special provisions, relative compaction shall be determined by test method No, Calif. 216, Part II; "Laboratory Compacted Test Maximum Wet Density and Percent Compaction" and test method No, Lalif. 231; "Method of Test for Relative Compaction of Untreated and Treated Soils and Aggregates by the Area Concept iltilizing Nuclear Gauges." This item shall include compaction testing of: all subgrades for structure, pipe, soillway, embankment and roadways; and testing of all structure and pipe backfill and embankment fill as • directed in the field by the Engineer or as recommended by the Soils Engineer for the purpose of verifying and certifying compliance with contract special provisions and the Standard specifications. IV. C(1NCRETE TESTING This item shall include molding; storing; transportation; curing and breaking of four (A) cylinders per fifty (6D) cubic yards of concrete poured. V. R.C.P, - PLANT INS?ECT10!1 This item shall provide for plant inspection to veri f,y quaiity control and testing by the manufacturer and shad include alt travel time and written report certifying plant compliance with standard specifications. Please note that the pfpe manufacturer will be required to suhmSt a • certificate of compliance in accordance with the standard specifications _2_ i8~ and if, due to the totality of the su oolier, undue ezoense would be incurred by the City in providing subsistence reimbursement, this item may he delet=_d. VI. ASPHALT CONCRETE - PLANT INSPECTION This item shall include inspection of asphalt concrete production during paving operations to verify plant and material conformance Co standard specifications. VI [. REINFORCI'1G STEE! This item shall include random sampling and tensile testing pf reinforcing steel. VIII. ASPHALT CONCRETE LAB TESTING • This item shall include sampling of asphalt concrete material during paving operations, to 6e tested for stability, extraction, and gradation. IX. LABORATORY MAXIMUM DENSITY This item shall consist of maximum denity-optimum moisture anaiysis of selected sails types under laboratory conditions. X. CONSULTATION This Stem shall include pre-construction conference and field meetings; telephone consultation; and office anlaysis of mix designs, etc., by a Principal Engineer, • -D- /8/ XI. REPORTS • This item shall include all profess ional and clerical services necess ar_v to submit a final report certifying obser~at ions and/or testing performed on items one through nine above. Said writL=n reports to be provided for the purpose of verifying and certifying observations made and test results. the ENGINE ER will keep and maintain daily records pf all testing and observation activities including nacres and positions of technician, dates, times, hours, weather conditions, type of activity, beginning 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 ENGINEER wf 11 pay his labor the prevailing ~.vage rates as determined 6y • the State of California Director of Industrial Relations. ARTICLE [I The CITY agrees to pay the ENG IYEER, at the following hourly rates as compensation for the named professional services; PERSON"lEL CHARGES RATE/COST Principal Engineer ............................................566.C0/Hour Expert Witness or Litigation (4-Hr. min., fnc hiding preparation time) ..........................................5100,00/Hour Project Engineer or Geologist (Licensed) ......................550.00/Hour Staff Engineer or Geologist ...................................540.00/Hour Supervising Technician,,,,,,,,,,,,,,,,,,,,,,, ,,,,540,00/Hour Field or Laboratory iec'^nician......,... ,,,,,,,,535,00/Hour .............. .......... Grafting ....................... ..,..................530.00/Hour TYPing, Collating, Printing ...................................520.00/Hour .4_ • /R1 • OT4ER CHRRGES Subsistence and Lodging .............. .. ........... ........ ........At Cost Overtime (rate in addition to regular rate l: Norma 1....... ....510.00/Hour Sundays and Holidavs....... ....520.00/flour Mileage: Two Wheel Drive ...................... .... .. ............. ........20/Mile Four Wheel Drive ........................................ ........40lMiie Outside Services and Supplies ............................. .....Cost + 15% Concrete Cylinder Strength Tests .......................... ....510.00 Each Coring (Charge per core above hourly charges) ............. .....E5.00/Each Concrete Miz Design ....................................... ....565.00/Each Reproduction Charges: Xerox Copies ........................................ .. . .. .....12 /c ach Bruning ........................................ ....... ......20/Sq.Et. Copies of Old Reports File access Charge (after 1 year) ..................... ..........25.00 Cost/COPY (after 1 year) .............................. .........• 2.00 Cast/COPY (current) ..................... ....... ....... .........• 1.00 'Plus Cost of Reproduction (copies plus clerical time) • The fee for the services stated in Article [ shall not exceed SS0,000.00 The ENGINEER will bill the CITY monthly an amount equal to the hourly rate(s) times the number of hours worked but not mare than a orooortional Dart of the fee for the work completed at the date of 6illina until all work has been completed and totally biiled. ARTICLE IfI If the work is suspended indefinitely or abandoned orior to the comp tetion of the Engineering services set forth in this agreemen t, the CITY agrees to pay the ENGINEER, at the rates set forth in Article (I, to the time of said suspension or abandonment, which payment is to be the full and final settlement for all the work performed by the ENG IREER tp said time, and such work shall become the property of Lhe CITY upon said payment. ARTICLE iV Insurance: ENGINEER shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall ENGINEER allow any subcontractor -5- /Q3 to commence work on a subcontract until all insurance required of the • subcontractor has been, obtained, ENGINEER shall take out and ma snta sn at all times during the term of this Agreement the following oelic ies of insurance: , A. Worker's Compensation Insurance: Before beginning work, ENGINEER shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may emo loy directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. in accordance with the provisions of California Labor Code Season 370D, every employer shall secure the oa.yment of compensation to his employees. ENGINEER prior to commencing wor{, Shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' • compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provilsions before commencing the performance of the work of this Agreement." B. Public Liability and Property Damage: Throughout the term of this Agreement, at ENGI NE ER's sole cost and expense, ENGINEER shall keen, or cause to be kept, in full force and effect, for the mutual benefit of CITY and ENGINEER, comprehensive, broad form, general public liability and au tomohile insurance against claims and liabilities for personal injury, death, or property damage arising from ENGINE ER's activities, providing protection of at least Five Hundred Thousand (5500,000.00) for hodily injury or death to anv one person or for any one accident or occurrence and at least Five Hundred Thousand (5500,000.00) for property damage. C. General Insurance Repuirements: All insurance required by express provision of this Agreement shad 6e carried oniy in responsible fnsurance companies licensed to do husiness in the State of California and policies required under paragraphs IV (A) and (G) shall name as additional insureds • CITY, its elected officials, officers, employees, and agents. All policies -5- I8Y • shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees and agents; (2) the policies are primary and noncontributing with any insurance that ray be carried by CITY; and !3) they cannot be cancelled or materially changed except after thrity (30) days' notice by the insurer to CITY 6y certified mail. ENGINEER shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. ENGINEER may effect for its own accoun± insurance not required under this Agreement. ARTICLE V: Indemn+f icat ion: ENGINEER shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by ENGINEER of any and all legal costs and attorneys' fees, in any manner arising out of or incidental to the performance of ENGINEER of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. • ARTICLE Vi: Ass ignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in Dart, by ENGINEER without the prior written consent of CITY. ARTICLE VII: Independent Contractor: The parties hereto agree that ENGINEER and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to he employees of CITY. ARTICLE VIII: Govern inq Law: This Agreement sha 11 he governed by and construed in accordance with the laws of the State of California. ARTICLE IX: Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined 6y the Court to be reasonable. -7- /9i ARTICLE %: Entire ggreement: This Agreement supersedes any and all other • agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS 11NEREOF, that parties hereto have executed this Agreement the day and year first above written. CITY OF RANCHO CUCAMONOA BY: Mayor ATTEST: BY: City C erk PIONEER CONSULTANTS, INC. BY; i~L ,/ APPROVED AS TO FORM: 6Y: C~tnn~~ l x_ L ty Attorney -8- • • /86 ,,.r„ STAFF REPORT -~~~9. z`v~ 1 < (~ 5 Date: May 30, 1985 ~' ~ y i~, To: City Council and tv Pla na ver .- ~__ From: Dick Mave r, P o ct Coordinator Subject: AWAAD OF C P'TAACT FOR CC NSTRUCTIOM OF TMF PFRYt. PAPK ANO LIONS PARK PLAY EQUIPMENT AAFA REP EVFlOP MENT PROJECTS June 5, 1985 Consent Ca lender Iter U ) On May 28, 1985 bids were received from 2 bidders for the projects referenced above. The two orojecis involve the redevelopment of the children's play apparatus areas at the two parks, including the relocation of existing play eaui pment, the provisions of new play eMUi pmen t, irrigation systems, and other items. The total bid amcun is far both bids, irc ludi ng additive alternates are as follows: Total Pid Na th is Fnvi [onmen to 1, Inc. $57,602.00 Artistic Landscape 6 Engineering 58,864.00 • r1 U The low bid amount exceeds the City estimate of $45,000 for the project. After eva lug ti nq the City estimate and bid proposals, it appears that the City estimate was low and the low bid amount is reasonable. A summary of each hid proposal is attached for your review. Funding for these projects will be provided with grant funding from the State's Roberti-2'berq Urban Open apace Program in the amount of $30,378. and 527,2P4 from the Park Development Fund. R FCOMMFMDA TION: It is reconme nded that the contract for these projects he awarded to Mathis F.n viro nme nta 1, Inc., as the lowest, qualified bidder for the bid amount of 567,5n2.00, and av T.h orize funding of the full contract amount plus a 109 c on tingency. ^M: hs /87 CT TY DF RNACHO CIICAMONGA S OHHARY OF PIO PP O~OSAL • PROJECTS: Peryl Pa tk and Lions Park Play Fquipme nt Area Redevelopment Proposals LCCATS ONS: Pe ryl Park and Lions Park PHTIgTIC LANOSCAPF ITFYS MA?HIS FNVI FOliMFNTAL, INC. AI!P FNFSN FFP IDIG 1. Pa se Pid 555,000.00 556,295.00 ?. Additive Alternate 1 440.00 480.00 (Install Pnngv Pee ai Peryl Park) 3. Additive Alternate 2 267.00 288.n0 (Install 6 foot "Classic" bench a[ Petyl Park) 4. Additive Alternate 3 1,900.00 1,800.00 (Install dri nkin9 fountain at Peryl -a [k) TOTAL PID WI TN 557,602.00 558,854.n0 • ADOIT IVF. ALTERNATES Lowest coa lif ied Aidde r: Mathis Fnvi ronmenta 1, Inc. P.0. Pox 189 Ran rho Cucamonga, CA 91730 • /8g ----- CITY OF RANCHO CliCAMONGA ~ccn,uo STAFF REPORT ~~°~~~~_. ~;~ 5' ~ ~ ~. Date: May 30, 1985 _ ~~~~~~ ~Z w 5 To: City r_ou ncil and City Manage[ -- lui7 From: DicN +~ Pa~ Pro; ect Coozdi.^atoz Subject: AP PF CVAL FV ISFO AGP FFHFNT PFTWF FP: '"NF R'r A!'nNGA rC:T`^Y wATF!: O ISTFICT AND THE CITY OF PANCMn COCAMON GA FOR TY,E LEASE OF CUCAMONGA CPEFKSZDF PARR (June 5, 1985 Consent Ca iendar Item V ~ BACKGROnN4: On ^'o vember 21 1985, the City Council a ^rnved an agreement with the Cucamon qa County water District for the 30 year lease of approximara ly ? acres of District property, located on Alta Cues to Drive near Baseline Fpa d. The purpose of the lease was to oh taro property for the development of the proposed Cu camonga Cre ek side Park. This park represents the southerly terminus of first phase of the Cucamonga Creek Recreati en Project, the development of which will he cost shared by the City and the rt.5. Army Corps of Fngi nee rs. • After the lease agreement had been approved, legal counsel for the Corps of En qi ree rs determined that the 30 year period did not provide sufficient tenure ro the pa rksite to enahle Federal financial na rtici pa ti on in its development. Federal law requires either fee ownership or a minimum lease of 50 years before they ran cost share in a recreation project. The Corps of Engineers also required that the lease agreement include an indication of the amount of acreage to he leased from fhe District. The ruc amonga County 4;a ter District has since agreed to extend the term of the lease to 50 years, They also have requested that a provision be added to the pri giral lease gore ement which ^uara me es their continued access to th eir e xistinq wa tar well and pump on the site. This is included in the revised lease agreement as item 10. The attached lease agreement provides for these revisions and, with the exception of the above items, is the same agreement as Frevi ous Ly approved 6y the City Council. In order for the Cucam onaa Cre eh Pecreation P[oject and the park Aeve lopment to proceed, it is necessary for the City Council to approve the attached agreeme nt. RFCOM MN IIIA TI9N: i That the rity rouncil approve the revised agreement he tween the Cucma onaa C can ty Water District and the City of Aencho Cucamonga for the 50 year lease of the pr npnsed Cucamonga Creekside Park. DM: bs ~sy LEASE AGREE:IE'.T 'PHIS i5 i. LEASE AG?.EE[!E>.T 9E'l:vEE~ THE CGCA:?06GA COGSTY RATER DIS T. ZICT, BEREI?IA?TER CALLED DISTP.iCT, AtiD T?iE CITY OF RAtiC'r0 C CCA:QCVG\, NEBEI`;AFTER CALLED CITC, FOR LEASING 3Y THE DiS TRICT OF DiSTRiCT OiaED ?RG?ERTY TO TSE CITY FOR ?C3LIC PARR A:CD RECREi.TI C;:nL '::.'.?OSES. kHEREAS, the DiST.'.iCT crops certai^ property along the Cucamonga Cre ei! that the CITY is desirous o: utilizing for public park and recreational pa: poses that portion o_° said property describes in E hi bit A dttd N:ed; aP.d :~iiEREAS, the DISTRICT and the CITY wish to work in a cooperative effort to bring this public project to fruition; IT IS ;:O;P THER F.FORE AGREED AS FOLLOWS: a 1. The DISTRICT will lease the DISTP.I Cm owned property (3-nc ve5 described in Exhibit A, attached, to the CITY for the sum o_' one dollar ($1.00) per year For each of the ~D next ~ consecutive years, comnencinq iron a date of full lease execution by the respective • -L- i9~ overnina boards of th= g _ DISTRICT and CITY. This • ~ Csa) lease may be renewed at the end of that ) year period only by mutual written agreement. 2. The CITY will assume full responsibility to develop, or have developed by others, the Dark and recreational facilities on the site. The DISTRICT will have no financial responsibility for the development of the site's park and recreational facilities. 3. The CI T'f will assume full responsibility to maintain, or have maintained by others, the Dark an3 recreational facilities on tha site. The DiSTP.ICT will have no • financial responsibility for maintaining the site's pa:k and reczeational facilities. 4. The CITY assumes full liability for accidents, injury, illness, or death, arising out of, or in connection with, the use o£ this site for park and recreational purposes. Further the CITY will protect and hold harmless the DISTRICT, it's Officers, Agents, Employees„ and Representatives from liability arising out of, or in connection with, the use of this site for park and recreation.puzposes, and will name the DISTRICT as co-insured for such purposes on the CITY'S insurance policy at the sale expense of the CITY. • '2' /9/ 5. The CITY will cc r.s istantly ma:;e a good faith e_''o rt to landscape the park in a manner ~.unich is consistant • with the DISTRICT'S desire to conserve water. The CI T•t will submit for review all nazk and recreational development plans to toe District General Manacer for review, comment and approval, prior to implementation of development plans throughout the term of this lease. The DIST^,ICT_ shall not unreasonably withhold such approval. 6. T::e DZS T:2ICT will review with the CITY all DZSTRZCT d=•: elo pment plans connected with the site prior to DISTRICT implementation of same. • 7. The na.^..e of [he park wi 11 be "Cucar„o naa Creekside Pa ri:" and so identified by an on-site monument sign. Included and identified as sponsor of this project on the monument sign will be the City of Rancho Cucamonga, the Cucamonga County Water District, and the Army Corps of Engineers. Sponsorship generally means, in this use, the following: A. City of Rancho Cucamonga: Development, operation and liability of the site for park and recreational purposes; -1- • /Sti • 3. Cucamonga County tVater District: Provision of land only; C. Army Corps of Engineers: Development. 8. No t•.:ithstanding the prior provisions of this lease agreement, should the CZTY at any time during the initial term or any renewal term hereof cease to use the site for park and recreational purposes, this lease agreement shall automatically terminate and the site shall revert to the DISTRICT. In such event, the CITY shall execute and deliver to the DISTRICT a quitclaim deed to the site. • 9. This lease agreement may be modified only by mutual co rsent of the DISTRICT and [he CITY at any time through the initial term or any renewal term of the lease agreement. 10. At all times throughout the term of this lease agreement the DISTRICT shall have vehicular access across the site in a convenient location to its cve 11 No. 10 site which is located near the southeasterly corner of the site. Dated: CITY OF RANCHO CUCA.~ONGA Ay Jnn D. biikels S Mayo _q_ !93 Approved: Dated CITY OF RANCE?O CUC1_:ONGA By • Beverly A. Authelet City Clerk CUC.4MONGA COUNTY 4IATER DISTRICT i _ ^ n/ BYE-`Cd~N !,~ l.k<^~+(.cc.~i Victor A. Cherbak, Jr, j President s ~ i zyey 99 4. Mi ae Secretary • • -5- ~9y dl: t.".at 9ore!ca of L„c +.~a -...~_ __. ..c. ..... _.___........, as v-. plat :ece:'_ad iv ]oo.< l_ .; sacs, _.. il, :_._. _s of 6a.. 2crna r'_ceo COUV n•. State a. tea..; ..c:a, :e sc:::^~ as EcL °.a: 0encneaac ac n.".e :.. __racctcco :. .... rcaca:-.^_s c_ 0ase!.ne Road and :,1 .a fiesta 0__,e, _.`.e nce 3 0° i6' 22" :+ along tl:c '. _ncerl iao of dl V. C,:¢s to v. _.+ a distanre of 21i. Si feec; c.._n ce corn nu.vy alovy saai cen;ar Lne 5 31° li' 33" E a d:s tavice of 90.23 fee c; ih _..^.ce 5 OS' 10' ]6" E a dis Cance of 29.10 `___, _.. _..__ Y 39° i9' 22" E a d[star.ee o: 23.00 feec to a po:.-.t is tie eases rly r_yht of way o: di :a Cuesta Sri:•e, said pot-t CeinS the ^cse ?e:ct e'. 9eS:r.vivy; theses ro tw_ uestet l}' alma a ca [ve co,^.cave to the west a:'.d .`.av in? a zadcus of 12i. CO Eeet a distaace cE 4i.28 Eee^_ to a pmnt on card curve: the nce \ 53' 09' 02" E a dista^ca cf 2_. i0 Eae.; L`enCe S 62° i6' 35" E along a 1...e _o an irate rsect>c.^, :+i t.`. the ueste rly line of tEe Cx ar..onya Creek Channel right of way; the :ve 5 25° 13' 34" E to a poi ne on said ri yht of way, said point to soy 5 64° i6' 22" -'~~ Ms :Y a distance o: 1'_5.00 feet fzca t.`.e rents rice stdtior. • o`_ 089xJ0.00 of sacd Chaa ne l; CF.encs :: fi4° 46' 22" E a La Lance of i0. 00 u`.ecce 5 2i' 13' l9" ¢ a distance o: 98.91 feet; iher.ce southeasterly alenc a curve concave to c.^,e nest and :'a ::ac a radius o! 11,923.00 :eat a ds- :dace of 163.00 `.___, .. Wince S fi5' 36' 22" M a distance of i5.00 `.¢e t; t s.^.¢e SAdi° 27' 75" E d d15ta.^.ca of ii.00 feet. _.._nee :. no l5' 22" ~ a ~_s_ance of 15.00 fee:: then ce'sou rheas tx: l'; alone a curve concave to C1_ west and have nS a radius of 11,921.00 :eec a distance of 13i.1i Eee t; the nc¢ ~.:este rly pas llel to t.`,e south l: ae o: Lot 11 of sail ?ed kill Su'^.diris isn to a psint on the easterly rich; of way line eE alts Cuesta Or ve, sa iL post being Y l9° 28' 41" N a distance eE 24B.i9 Ee et from said south :. ne of Lot 11: thence A 11° iB' 41" W ~ a distance of 295.11 feet; thence no rtheasce rly alo n? a cu vie concave es the east ar.tl havinS a rad:va of 5'15.00 feet a distance of 63.2: Eeet: thence \ S° 10' 38" ti a da tan<^_ c: 201.1] feet to a point, said po in: Cein? the T[ve pn:nt cf ee?:nni rag. • E.l'H IBIT "d" B• •Iln• 0e~a II r I OI ~ \~ \\~ O . ~I •II pl f I/~r el9~io (~ `\ 1 • DSO Si'~2'w 2/I.SS' 11 15313'!'3Af Sg2g• '1 5 oS %o',gg 2y~p• Guevr¢'zrc u~• 4./2p.cn' T•Ly.9s' ONr'P•O9~E SSJp' ©S~:T•/i :3TE ~SZS•/33¢'E ~NL¢'¢i'2S'E SO CV' ~-5 c•59i 3!'E 98.99' R• //Or¢M'T /BLK '3'920•J3'Otl'E TSm' ®a vieao' c•isr' .C•!T!m' 1. lI K' i ..~. ~Innet Preoyrty U~ue For n a Prrt Vurpof •f \~ o i \~ ~~_ •~ O 'Pa •\\\ -: A !9G • r \_~ Date: Hay 30, 1985 STAFF REPORT To: Ci tv C~' as nd ity Manager From: Dick MaV rk Project Cootdi na tot Subject: ACCEPTANCE OF THE AFAP GOLCH PARK PP OJ£,CT ( June 5, 1985 Consent Ca lerdar Item W ) AACFGFO~R7D: G~""^U^' L 7 ~' / } z~ I~ F, Q 1917 I The Rear Gulch Pa [k Po[oject (A ecnunt Numhet 20-4532-8005) has been comple teA to the satisfaction of the Director of the Community Services Department. It is therefore recommended that the City Council accept the project Erom the contractor, Hathis Environmental, Inc., as complete, authorize final payment and di rr ct the Director of Community Services to file a Notice of. Completion far the work. It is also recommended that the Contractor's retention be released with their existing performance bond )xinq con el nveA for the reaui red one year maintenance and warranty period for the project. There were no change orders tq the original contract cost of 5247,443.00. In order to accomplish the above, the City Council must approve the following recommendations and the attached Resolution acceptino the project end author izinq the Director of Community Services to file a Notice of Completion. That the City Crnmci l: 1. gccepts as complete the Aear Gulch Park Proj ecy and 2. Authorizes final payment to Mathis Fnvi zonmenta 1, Inc., for the work; and 3. Appre ve the attached Resolution authorizing the Director of Community Services to file a Notice of Completion for the Rear Gulch Park project; and 4. Releases the project retention after recordation of the Notice of Completion. DM: bs /97 PFSOI~UTION lIO. RS- ~~p 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF RANCHO CPfpMONGA. CALIFORNIA. ACC FPTI NG THE PUPL IC IMPP.OVEMEN TS FOR THR BEAR GULCH PA FN PP OJ FCT AND AU THOPIZI NG THE FILING OF A NCTI CE OF COMPLETION FOR THE hDRK wHFRFAS, the construction of public improvements for the Pear Oulch Park Project (Account >lum6er 20-4532-8005) have been completed to the satisfaction of the Director of Community 5ervi ces! and wH F.P F.ASr a Notice of Completion is required to be filed, certifying the work complete. NON, THFR F.FOR E, be it resolved, that the work is hereby accepted and the Director of Commum ty Services is authorized to sign and file a Notice of Completion with the County Pecotder of San Herna rdi no County. PASSED, APPROVED, and ADOPTED the Sth. day of June, 7985. • AY FS: NOES: AesFNT: Jon D. Mike ls, Mayor r L J ATTEST: Beverly A. Au the le t, City Clerk /9 ~ • l~aaa va' nna~a. azv lilAiMiY1V 1VVH tJ GM1;I.AhjQ~Y MEMORANDUM ~ ~ , z ~I ~,l F 1971 GATE: May 20, 1985 T0: Harry Empey, Director of Finance FROM: Gary W. Richards, Code Enforcement Officer SUBJECT: RELEASE OF T.O.P. BONDS FOR LEWIS HOMES TRACT 9351 • Work for the following tract has been completed and the cash deposit is hereby authorized by the Planning Department for release to Lewis Homes, 1756 fl. Mountain Avenue, P.O. Box 670, Opland, California 91785. Tract flo. Lot No. Amount of Receipt flo. Purpose/ Cash Deposit Location 9351 60 5 2500 23596 Sales Office Permit for Tract 9351 Lot "60 9351 63 $ 500 22179 On-site subdivision sign located on Lot 363 Thank you for your assistance; if you have any questions regarding this bond release, please call. GWR:das 199 U ........ ............ .................~, Gvi-n~Np~ STAFF REPORT ~~' ~ -rr ~I DATE: June 5, 1985 19ii T0: Cfty Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineer Technician SUBJECT: Intent to Annex Tract Nos. 12588 and 12028 thru 12031 to Landscape Maintenance District No. 1 as Annexation No. 24 and setting the date of public hearing for July 3, 1985 Attached for City Council approval is a resolution declaring the City's intent to annex the above described tracts to Landscape Maintenance Oistrf ct No. 1 and setting the public hearing date for July 3, 1985. Also attached for preliminary approval is the Engineer's Report for the annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for July 3, 1985. Re ctfully submitted _i / L8 / C~~ Atta ments .ZOO MARLBOROUGH OEVELOPMENTEORPORATION • July 14, 1983 City of Rancho Cucamonga ~ ~ ~ ' 9340 Baseline Avenue Rancho Cucamonga, CA 91701 Attention: Lloyd Hubbs Re: Tracts 12021 through 12031 Gentlemen: We agree to the inclusion of Tracts 12021 through 12031 in the city-wide Lighting and Landscape Maintenance District. Very truly yours, • MARLBORO DEVE~~~~^TIOPI Paul ~,nes Vice President - Engineering PNB/sl • ONE CENTURY PLAZA, tOt9 CENTURY PARK EAS i, SUITE 1550. LOS ANG ELE S. CALIFORNIA 90067 (2171 a90~5IO( ~~~ •~~ March 25, 1585 City of RAncho Cucamonga Community Development 9320 Baseline Ste. C Rancho Cucamonga, Ca. 91730 Attn: Nancy Fong Re: Tract 12588 - Heritage Lane Estates Letter of intent to join landstape and lighting districts. Dear Nancy, • Per the Department of Community Development Standard Conditions the Letter of intent to join the landscape and lighting districts far Hermosa Ave. is hereby submitted. Sincerely, ,~Oyw Thomas J. Davis I-1 U r~ ~ ism OMNI BUILDERS ItVC DESIGN ~ DEVELOPMENT GENERAL CONTRACTING (714) 987-6639 95a1 &JSINESS CENTER CRIME SUITE E RAtJCMO Q1C4MONG4 CA 91;7p ~,Oy • CITY OF RANCHO CUCAMONGA Engineer's Report for ANNE%ATION N0. 24 to the Landscape Maintenance District No. 1 Tract Nos, 12588 & 12028 thru 12031 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways 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 be maintained will have an effect upon all lots within Trott Nos. 12588 & 12028 thru 12031 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 the City of Rancho Cucamonga. • SECTION 3. Plans and Spec ificatlons The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract Nos. 12588 & 12028 thru 12031. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the su6,ject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made apart 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 construttfon. All improvements will be constructed 6y developers. Based on historical data, contract analysts and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (E.30) per square foot per year. These casts are estimated only, actual assessment will be based on actual cost data. u ~ O ,1 The estimated total cost far Landscape Maintenance District No. 1 • (including annexation No. 24 comprised of 24,600 square feet of landscaped area) is shown below: Total Annual Maintenance Cost E.30 X 592,186 square feet = 177,835.80 Per Lot Annual Assessment 1J7~j835~.80 = 33.45 Per Lot Monthly Assessment 33.45 = 2.79 ~i- Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Mhere the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and • labeled 'Exhibit A", by thfs reference the diagram is hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for Annexation No. 24 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, 86 to determine the actual assessments hosed upon the actual costs incurred by the City during the 1984/85 fiscal year which are to be recovered through assessments as required by the landscape and Lighting Act of 1972. SECTION 1. Order of Events 1. City Council adopts resolution instituting proceedings. 2, Cfty Council adopts Resolution of Preliminary Approval of City Engfneer's Report. • aoY • 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 filcs 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. • C~ aor RESOLUTION N0. ~F~6-B5-~GR BJ"/G9 • A RESOLUTION OF THE LITY COUNCIL OF THE CITY OF RANCHO CUCAMON4 ~„ CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENG INEEN'S REPORT FOR ANNERAT [ON NO. 24 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 WHEREAS, on June 5, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of Said report is sufficient, and that said report, nor any part Chereof, requires or should be modified in any respect. NOW, THEREFORE BE tT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and • expenses o~'sai3 work and of the incidental expenses in tonnectian therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2; That the diagram showing the Assessment District referred to and descr a in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3; That the proposed assessment upon the subdivisions of land in sa' i~Assessment District Tn proportion to the estimated henefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4; That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. C , J X04 RESOWTION N0. F06-95='t9R 8' ~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 24 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 ANO OFFERING A TIME ANO PLACE FOR HEARI NO OBJECTIONS THERETO NON, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Rct of 1972, being Oivis ion 15 of the Streets and Hfghways Code of the State of California, as follows: SECTION 1. Descri Lion of Work: That the public interest and convenience require an rt is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and faciliites thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance distrfct described in Section 2 hereof, Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Work: The foregoing described work is to be located wit in roadway right-of-way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and mare particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 24 to landscape Maintenance District No. 1". SECTION 3. Descri Lion of Assessment District: That the contemplate~~rT-in the op neon o sa ity Dunn s o more than local or ordinary public benefit, and the said Cfty Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to Day the casts and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 24 to landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. *, indicating by said boundary lines the extent of the territory included within the proposed assessment distrfct and which map is on file fn the office of the City Clerk of said City. SECTION 4. Re ort o_.~. f Ems: The City Council of said Ctty by Resolution~a~Tias app-roved-the report of the engineer of work which report ab~ indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 24 Landscape • Maintenance District Na. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of thF assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected at t1-ie same time an in t e same manner as County tazes are collected. The City Engineer shall file a report annually with the City Council of said Cfty and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on July 3-L98~t the lour o p. m. in a City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such sfgner 75 the owner of the property so described. . SECTION 7. Landsca in and Lf htin Act of 1972: All the work herein propose -shall a one an carr e t roug n pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, heing DSvision 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be ma~suan o ec on o the overmment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the City of ntario, a i ornia, and circulated fn the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT: on a s, Mayor • hod I ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT N0.1 ANNEXATION N0. 24 • TRACT 12588 • ~,o~"~~ ~ CITY OF RANCHO C[JCA~IONGA p r ~I ~ A ENGINEERING DIVISION G 0 > VICINITY MAP 11 im AD7 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.1 ANNEXA710N N0. 24 TRACTS 12029. 12029. 12030. 12031 A PORTION OF TENTATIVE TRACT 11883 i~n~^ titir.; ~s~' °"~,' C1TY OF RANCHO CUCAhfONGA /p - •' / ~ / \ ~j ~ "y ENGINEERING DIVISION -_ ~ 6 VICINITY MAP inn aio page nrmv nr.~ n n wrnvn nrrn n nrnwrn w r~ L • STAFF REPORT OAT E: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineer Technician -n ~~...~..., V~ G`~ 9 2 , <, ~. F. ~ h is%. I SUBJECT: Intent to Annex Tract Nos. 12588 and 12028 thru 12031 to Street Lighting Maintenance District No. 1 as Annexation No. 11 and to Street Lighting Mainenance District No. 2 as Annexation No. 9 and setting the public hearing for July 3, 1985 The attached resolutions set the public hearing to annex the above described tracts to the City's Street Light Maintenance Districts. The Engineer's Report for both Districts is also attached for preliminary approval. The foi lolling are projects to be annexed: District No. 1 (arterial) District No. 2 (local lights) Tract No. 12588 12028 12029 12030 12031 RECgMEM0ATI0M Tract No. 12588 Tt is recommended that City Council adapt the attached resolutions setting the date of public hearing for July 3, 1985, and giving preliminary approval of the Engineer's Report. Res ctfu y s mitted ~~ LN:B. Att hments ~ // CITY 6f RABCHO CUCAMONGA Engineer's Report for • Street Lighting Maintenance District No. 1 Annexation No. 11 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex the tracts enumerated in Exhibit "R" into Street Lighting Maintenance District No. I. The City Council has determined that the street lights to be 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 arterial and certain collector streets. improvement maintenance is • considered of general 6enef it to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lat. SECTION 3. Pions and Specifications The plans and specifications for street lighting have been prepared by 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 lfghting areas. The plans and specifications for street lighting improvement on the individual development is hereby made apart of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing far the illumination of the subject area. SECTION 4. Estimated Costs No costs will he incurred for street lighting improvement construction. All fmprovements will be constructed by developers. Based an available data, it is estimated that maintenance costs for assessment purposes will be as • indicated below. These costs are estimated only, actuai assessments will be based on actual cost data. ~/~- • The estimated total cost for Lighting Maintenance District No. 1 (including Annexation No. 11 comprised of 99 lots and J 9500E street lights is Shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** 9500E 199 g,g0 5800E 122 8.75 *High Pressure odium Vapor Lamps Rate Ma's Total 199 X 9.90 X 12 = E23,641.20 122 % 8.75 % 12 = 512,810.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost = 36 451.20 = 5.82/year/unit No. a Units in istrict ~- 5.82 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. 11. 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. Nhere there is more than one dwelling unit per lot or parcel of assessable land, the assessment for earn iot or parcel shall he proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 1. 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. a/3 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. • • ~iy ~J Properties and improvements to De included within Annexation No. 11 of Street Lighting Maintenance District 1: EXHIBIT "A" Tract No. 12588 12028 12029 12030 12031 air RESOLUTION N0, f9fn03=IZR~ 8S - ~7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEI(ATION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 (TRACT NOS. 12588, 12028, 12029, 12030 6 12031) WHEREAS, on June 5, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED 6y the City Council of the City of Rancho Cucamonga as follows: • SECTION 1: That the Engineer's Estimate of the itemized costs and expenses oTsaid work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and descr a in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily aDProved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sa ssessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report iS hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report fog EFe purposes of ail subsequent proceedings, and pursuant to the proposed district. .2/~ RESOLUTION Y0.-E9ti=9ST3IC 8> ~j7y • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TD STREET LIGHTING MR INTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1912 ANO OFFERING A TIME AND PLACE FOR HEARING OB,]ECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Cade of the State of California, as follows: SECTION 1, Description of Work: That the public interest and convenience require an it is td- he intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lfghting and related facilities in connection with said district. SECTION 2. Location of 'work: The foregoing described work is to be • located wit~'Ti in roadway righ two -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 11 to Street Lighting Maintenance District No. 1", SECTION 3. Descri tion of Assessment District: That the contemplate wor , in the opinion o sai ity ounci is o more than local or ordinary public beref it, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is descr ihed as follows: A11 that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 11 to Street Lighting Maintenance District No. 1" maps is on file in the office of the City Clerk of said City, SECTION 4, Report of Engineer: The City Council of said City by Resolution No. " Fos approve-deport of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled 'Engineer's Report, Street Lighting Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. X77 SECTION 5. Collection of Assessments: The assessment shall be collected at the same ime an n the same manner as County taxes are • collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments far the next fiscal year will he determined. SECTION 6. Time and Place of Hearin Notice is herehy given that on July 3-T485, at the lour of pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections wilt be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or he accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Lands~ca ing~and Lighting Act_of 1972: All the work herein propo-she -shall a ob d ne and Carrie trough in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, he ing Division 15 of the Streets and Highways Code of the State of California. • SECTION 6. Publication of Resolution of Intention: Published notice shall be made pursuant to Sect on 6 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to he published 10 days before the date set for the hearing, at least once in The Daily Report, a newspaper of general circulation published in the City of ntario, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985, AYES: NOES: ABSENT: on D. Mike s, Mayor ATTEST: Bever y q. Authe et, ty erk • alb ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 1 . ~=•~ ~ +; "' j j .:., i~ ' ~ ~• i • .~ X61 }. p- _ .P ~ ~., ~~ ~~ I~ i. y i~~ i ~ ~ J ~] y ° ~ ~ ie i I n ... __~._,~ I i . .~ ~ r N ' /, ' t ~ ~;:~~x:: - -. TRACT 12588 ~o"`"'Ob CITY OF RANCHO CUCAMONOA w x .,_;,~~=~ . COUNTY OF SAN BERNARDINO , \ ~;; STATE OF CALIFORNIA ,~ T 6 lv nn LL0YD MUBBS. CITY ENGINEER RCE.23t I i ~ h[Ir.~ page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 1 ~I TM;iad:e= _.. i r~=t~,7~6,, ! _ a ~I a I~• _ to ,~~-~a~ ~ - it i ^? III ::~..j~€, r .:~ ~ r - ~ I ~r~a ~o .-F ~..; _. ~ - ~, I`: : . ..-_ ' ' e ~ ~'~ ~. , r ie ~v . i i- ~ r i ~_ -~ TRACTS 12028. 12029. 12030. 12031 A PORTION OF TF,NTATIVE TRACT 11663 ,~.`"-"'~~o, CITY OF RANCHO CUCAMONGA "`~"~ _~ ~,-,,~~ ~~ . COUNTY OF 3AN BERNARDINO n _ r `~ Lam' ~= STATE OF CALIFORNIA ~ T V. j =' ~ i, 1~ nn LLOYD HUBRS CITY ENGMEeR RCE23B89 GATE PaB~ • CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance Distr itt No. 2 Annexation No. 9 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972), SECTION 2. General Description This City Council has elected to annex the tracts enumerated in Exhihit "A" into Street Lighting Maintenance Oistr ict No. 2. The City Council has determined that the street lights to be ma iota fined mill 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 6y the district are: The furnishing of services and materiais for the ordinary and usual maintenance, operating and servicing of street light improvements on • local residential streets. Improvement maintenance is considered of general henefit to all areas in the District and cost shall ba divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lat. SECTION 3. Plans and Specifications The plans and specifications 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 sub,iect 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 impro•rement on the individual development is hereby made a part of this report to Lhe same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of ali or any part of any improvement, providing for the illumination of the suhject area. SECTION 4, Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will he constructed by developers. Based on availahle data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments wilt be based on actual cost data. ~^/ The estimated total cost for Lighting Maintenance District No. 2 • (including Annexation No. 9 Comprised of 22 lots and 9 street lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamo Si ze* uantit Rate** 5800E 486 8.75 High Pressure Sodium Vapor **SCE Schedule LS-1. All night service per map per month, effective January 1, 1983. Lamps Rate Ma's Total 486 X 8.75 X 12 = 51,030.00 2. Casts per dwelling Unit: Total Annual Maintenance Cost = 51,030.00 =29.14/year/unit No. of Uni[s in Distr ict ~i 29.14 divided by 12 = 2.43 /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. 2", 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 far each lot or parcel shall be proportional 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. L ~Zn • 2. City Council adopts Resolution of Preliminary Approval of City Engineers Report. 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 farm 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. • ~1 L EXHIBIT "A" • Properties and improvements to be included within Annexation No. 9 of Street Lighting Maintenance District 2: Tract No. 12588 • 2a~ ~3 . RESOLUTION N0. FOR-45TH gf ^/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 (TRACT N0. 12588) WHEREAS, on June 5, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required 6y the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is Buff ir. ient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE DE IT RESDLVED by the City Council of the City of Rancho Cucamonga as follows: • SECTION 1: That the Engineer's Estimate of the itemized costs and expenses o sai work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and describe in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. _ SECTION 3: That the proposed assessment upon the subdivisions of land in said Nssessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4; That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. ~a~ RESOtunoN ND. ~-;-~n d' ~ Icy A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RAYCHO CUCRMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE OISTR ICI N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION RS ANNEXATION N0. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2; 2URSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING R TIME AND PLACE FOR NEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of 'Work: That the public interest and convenience require an it is the intention of this City Councit to form a maintenance district in the City of Rancho Cucamonga for the maintenance ant operation of those street lights the boundaries of the Droposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district, • SECTION 2. Location of Work: The foregoing described work is to be located within roadway right-of-way enumerated in the report of the City 'engineer and mare particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 9 to Street Lighting Maintenance District No. 2". SECTION 3. Descr i~tion of Assessment District: That the contemplate wor in the opim on of Said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is des crihed as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Anne nation No, 9 to Street Lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECTION 4, Report of Engineer: The City Council of said City by Resolution No.~fias approve~tFe report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. ~G SECTION 5. Collection of Assessments: The assessment shall be . collected at t e same time an n t e same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hie ar in Notice is hereby given that on July 3 T9~5-at t e~ ou,~T~ pm0 in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may rppe ar and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: .qll the work herein propose3 s~iall a one an Carrie t roug in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Rct of 1;72, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be ma~pursu ant to ection o the overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set far the hearing, at least once in The Daily Report, a newspaper of general circulation published in the City of ntar io, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. RYES: NOES: ABSENT: on ;4i a s, Mayor ATTEST: Bever y A. Ruthe et, y er C J aa~ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 9 f ~ ~ ~ ,,;. ... r P,.~ . i. :,. ... E .:: ~.. _. _, e v~ t e a .i ~'~ .~a-~4~-. ... j %- N': ~ ~I y ., .~,. __ .r , '~. I .. ~ re , , ~ f- TRACT 125SS ~``--"'Ol.. CITY OF RANCHO CUCAMONGA "`IPA .o ;~~~~' COUNTY OF 3AN BERNARDINO - " ,,1~~ STATE OF CALIFORNIA ~ T -'-" 7 V. ~ i> A 1v nn LLOYD HUBBS CITY ENGINEER R. E.23889 DATE - PaRP ORDINANCE N0. -P-6~-}5d-~- ,ZG 7- AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA APPROVING DEVELOPMENT DISTRICT AMENDMENT 85-04 AMENDING THE DEVELOPMENT DISTRICT MAP FROM "L" TO "I SP" FOR 2.5 RCRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF ARCHIBALD AND MAIN - APN 209-062-01, 02 The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Counci] hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the above-described Development District Amendment, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. 8. That the subject property is suitable for this • change in terms of access, size, and compatibility with existing land use in the surrounding area; and C. That the proposed Development District Amendment would not have significant impact on the environment nor the Surrounding properties; and, D. That the proposed Development District Amendment is in conformance with the Oenerai Pian. E, This amendment will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The su6,fect real property is hereby redesignated in the manner stated, and the Development District Map is hereby amended accordingly. The Mayor shall sign this Ordinance and the City Clerk shalt 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. ~.~9 >~ ,.,m~, ,,,,,, ,,,,,,,~ ,.. ,. , .,,,..,. , STAFF REPORT ~~..,...,p1'r. DATE: dune 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 19.C SUBJECT: APPEAL OF PLANNING COMMISSION OENIAL OF TENTATIVE PARCEL MAP 9084 - FORECAST MORTGAGE CORPORATION APPEAL REpUEST At its May 5, 1985 meeting, the Planning Commission denied Parcel Map 9084 based on its inability to find: 1. That the site is physically suitable far the proposed development. 2. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or adverse affects on abutting property. The subdivider, the Forecast Mortgage Corporation, has appealed that decfsion claiming that "the Planning Commission's denial was based on passible future designs." Attached for Councils information are the minutes and staff report for the May 5 meeting which further details the issues involved in the Conmission's denial action. BACKGROUND Parcel 1 of Parcel Map 9084 was previously submitted as Tentative Tract No. 12376. An E.I.R. was prepared for this tract and formed the basis of a Commission action of denial. The applicant was requested to redesign the tract to be more compatible with environmental constraints. Attached for your background are the minutes and staff report of the Commission's August 22, 1984 meeting dealing with the E.I.R. As apart of this review, the Commission expressed its desire to see Tract 12376 redesigned in more of a cluster fashion with common open spaces that respect drainage, grading and geological hazard constraints. The general configuration preferred was Alternate 3 shown in the August 22 staff report. The applicant is in the process of redesign of the tract and is preparing a new tract submittal for review. Subsequent to the denial of Tract 12376, the original owner of the subject property has initiated legal action to foreclose on the option through which Forecast obtained an undivided interest in the property, As explained in the attached correspondence, the Court is currently a3o CITY COUNCIL STAFF REPORT Appeal of Planning Commission Denial of Tentative Parcel Map 9084 June 5, 1985 Page 2 • holding action pending disposition of the Parcel Map. it is not out of the realm of possibility that the property would he suhdivided by Court decree. In addition to the litigation dealing with ownership, the developer indicates that Parcel 1 is required for access and water facilities to serve approved Tract 10210. It should 6e noted that there are a number of items required along with the issue of access to the north before Tract 10210 can record. SUMMARY AND CONCLUSION I think you can see that the denial of Parcel Map 9084 is consistent with a long standing position of the Commission that the subject property he planned in an integrated fashion taking into account its unique environmental constraints and opportunities. It is the Commission's position that the subject Parcel Map would defeat this purpose. ALTERANTIVES AND OPTIONS The Staff has prepared two resolutions dealing with the appeal of Parcel Map 9084. The first upholds the Commission action denying the appeal; the second would grant the appeal approving the map subject to conditions. • CONDITIONAL APPROVAL Should Council wish to approve the map, you should incorporate conditions relative to three items: • Further delineation of earthquake faults prior to issuance of building permits • Public access from Almond Street to south • Access to surrounding properties These items are dealt with in the Special Conditions on page 5 of the condition appended to the resolution of approval. Respectfully submitted, ..'~// ~ 1 LBfC: jF~ Attachments • ~3/ ~, i-,,,r~~ ;.~ C O R P O R A T I O N ConstructionlDevelopment May 10, 1985 City Council City of Rancho Cucamonga P.O. Hox 807 Rancho Cucamonga, Ca. 91730 Re: Appeal Planning Commission decision on Parcel Map 9084 Dear Sirs: • We hereby respectfully appeal the decision of the Planning Commission on Parcel Map 9084. The Planning Commission's denial was based on possible future designs. Considering the Planning Commission will have to review and anprove any future design, we feel this is inappropriate grounds for denial and we respectfully request that you approve this parcel map. Sincerely, n James P. ievi i, President JP/dw Q333 Baseline Road • Suite 200 • Ranchu Cucamony;a, California 01730 714-Q87-7788 .~ 3 ~ CITY OF RANCHO CUCANONGA RECOMIENDED CONDITIONS OF APPROVAL • LOCATION: North of Almond Ave., West of TENTATIVE PARCEL MAP N0: 9084 Big Tree Road DATE FILED:February 1,1985 LEGAL DESCRIPTION: Being a division of a NUMBER OF LOTS: 1 & Rem. Parcel portion of the S.E. 1/4 of Section 17, T.I.N 68055 ACREAGE: 20.9 & 58.98 Remain Ran e 7 West San Bernardino Book of Ma s ASSESSOR PARCEL N0: in _t he County o San Bernardino, State of CA ...xx+:x.•x:x*x:+~++::+:r*:x+~,r:r:~x+.xx+**x~*x~:~*++:r.****~+*+*:,r•*:+xxxx:x::+.,t DEVELOPER ONNER ENGINEER/SURVEYOR Forecast Mortgage Co. SAME Linville Civil Engineers 9333 Baseline Rd Ste. 290 9333 Baseline Rd, St, 190 Rncho Cuc a., CA 9]730 Rncho Cuca.. CA 91730 Improvement and dedication requirements in accordance with Title 16 of the Municipal Code of the City of Rancho Cucamonga include, but may not be limited • to, the following: A. Dedications and Vehicular Access 1. Dedications shall be made of all interior street rights-of-way and all necessary easements as shown on the tentative map. 2, Dedication shall be made of the following rights-of-way on the following streets: additional feet on additional feet on additional feet on 3. Corner property line radius will be required per City Standards. 4. All rights of vehicular ingress and egress shall be dedicated as follows: 5. Reciprocal access easements and maintenance agreements ensuring access to all parcels and Soint maintenance of all common roads, drives or parking areas shall be provided by C.C.&R.s and shall be recorded concurrent with the map. -1- X33 6. All existing easements lying within future right-of-way are to • he quitclaimed or delineated on the map per City Engineer's requirements. 7. Easements for sidewalk for public use shall he dedicated to the City where sidewalks meander through private property. 8. Surety K I. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the public improvements prior to recording for access to Parcel 1 and remainder parcel. 2. A lien agreement must be executed prior to recording of the map for the following: 3. Surety shall be posted and an agreement executed, guaranteeing completion of all on-site drainage facilites necessary for dewatering all parcels to the satisfaction of the Building and Safety Divison prior to recording for and/or prior to issuance of building permit or C. Street Improveaents • Pursuant to the City of Ranch Cucamonga Municipal Code, Title 16, Section 16.36.120, the subdivider may enter into an agreement and post security with the City guaranteeing the required construction prior to recordation of the map and/or building permit issuance. 1. Construct full street improvements including, but not lfmited to, curb and gutter, R.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior streets. X 2. q minimum of 26-foot wide pavement within a 40-foot wide dedicated right-of-way shall be constructed ror access to Parcel 1 and remainder parcel. 3, Construct the fallowing missing improvements: Prior to recordation for Prior to building permit issuance or Curb A. i e- Orive Street Street A. Median _Street Wame Gutter Pvmt. Walk Appr. Trees Lights Overlay Is land* Other *Includes landscaping and irrigation on meter -2- ~3y X 4. Prior to any work being performed in the public right-of-way, fees shall be paid and an encroachment permit shall be obtained • from the City Engineers Office, in addition to any other permits required. X 5. Street improvement plans shall 6e prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of an encroachment permit. 6. Developer shall coordinate, and where necessary, pay for the relocation of any power poles or other existing public utilities as necessary. J. Existing lines of 12KV or less fronting the property shall be undergrounded. 8. Install appropriate street name signs, traffic control signs, striping and markings with locations and types approved by the City Engineer. 9. Street light locations, as required, are to be approved 6y the Southern California Edison Company and the City of Rancho Cucamonga. tights shall be on decorative poles with underground service. 10. landscape and irrigation plans shall be submitted to and approved by the Planning Division prior to the issuance of • building permit. 11. Concentrated drainage flows shall not cross sidewalks. Undersidewa lk drains shall be installed to City Standards. D. Drainage and Flood Control 1. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. The following storm drain shall be installed to the satisfaction of the City Engineer 4. Prior to recordation of the map, a hydrologic and drainage study for the project shall be submitted to the City Engineer for review. 5. A drainage detention basin per City Standards shall be constructed to detain increased runoff , • -3- a3s E. Grading • 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to issuance of building permit. 3. A geological report shall be prepared 6y a qualified engineer or geologist and submitted at the time of application or grading plan check. 4. The final grading plan shall be subject to review and approval by the Grading Committee and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever comes first. 5. Final grading plans for each parcel are to 6e submitted to the Building and Safety Division for approval prior to issuance of building permit. F. General Requirements and Approvals • X 1. Permits from other agencies will be required as follows: _ CalTr ans for San Bernardino ounty Food Control District ~- Cucamonga County Water District for sewer and water _ San Bernardino County Dust Abatement (required prior to issuance of a grading permit) Other _ 2. A copy of the Covenants, Conditions and Restrictions (C.C.RR.s) approved by the City Attorney is required prior to recordation of the map. K 3. Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street constructon. 4. Sanitary sewer and water systems shall be designed to Cucamonga County lJater District standards. A letter of acceptance is required. 5. This subdivision shall be subject to conditions of approval from CalTrans/San Bernardino County Flood Control District. Y 6, Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final map will be subject to any requirements that may be received from them. 4- ~3G X 7, The filing of the tentative map or approval of same does not guarantee that sewer treatment capacity will be available at • the time building permits are requested. When building permits are requested, the Cucamonga County Water District will be asked to certify the availability of capacity. Permits will not be issued unless said certification is received in writing. 8. Local and Master Planned Trails shall be provided in accordance with the Trail Plan. A detailed trail plan indicating widths, maximum slopes, physical conditions, fencing and weed control, in accordance with City trail standards, shall be submitted to and approved by the City planner prior to recordation for and/or prior to building permit issuance or 9. Prior to recording, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District 82-1 among the newly created parcels. X 10. At the time of final map submittal, the following shall be submitted: Title Report, traverse calculations (sheets), copies of recorded maps and deeds used as reference and/or showing original land division, tie notes and bench marks referenced. 6. Special Conditions 1. A Geological Study shall be completed and approved prior to the • issuance of building permits or the approval of any further proposed development within Parcel 1 or the remainder parcel, and a note to this effect shall be placed upon the Final Parcel Map. X 2, Dedicated access to both Parcel 1 and the remainder parcel shall be provided prior to the recordation of the Final Parcel Map. 3. An irrevocable offer to dedicate over Parcel 1 to the Cfty for the future dedication and improvement of a public street nn an alignment established by an approved master plan for either parcel shall be provided prior to recordation of the Final Parcel Map. X 4. An irrevocable offer to dedicate the east 66 feet to the City for road drainage and public utilities purposes. CITY OF RANCHO CUCAMONGA LLOYD B. HUBBS, CITY ENGINEER by: • -5- X37 ~ c • RESOLUTION N0. 85-69 A RESOLUTION OF THE PLAfr'N ING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CAL IFORN2A., DENYING PARCEL MAP NUMBER 9084 (TENTATIVE PARCEL MAP N0. 9J84}, LuCATED NORTH OF ALh10N0 STREET, WEST OF BIG TREE ROAD WHEREAS, Tentative Parcel Map Numher 9084, submitted by Forecast Mortgage Corporation and consisting of 1 parcel, located north of Almond Street, west of Big Tree Road, being a division of a portion of the southeast 1/4 of Section 17, Township 1 North, Range 7 West, San Bernardino Book and Maps in the County of San Bernardino, State of California; and WHEREAS, on February 1, 1935, a formal apP lic at ion was submitted requesting review of the above-described Tentative Map; and WHEREAS, on May 8, 1935, the Planning Commission held a duly advertised public hearing for the above-described map. NOW, THEREFORE, THE RANCHO CUCAMOfIGA PLANNING COMMISSION RESOLVED AS FOLLO'AS: SECTION ?: That the following findings cannot be made: • 1. That the site is physically suitable for the proposed development. 2. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: "That Tentative Parcel Map No. 9084 is hereby denied. APPRO'JEO AND ADOPTED THIS 8th O.4Y OF MAY, 1985. PL ANN CJ COMMI S?CN OF THE CjL,TY OF RANCHO CUCAMONGA Y ~8 C C I, Rick Gomez, Geputy 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 8th day of May, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: STOUT, CHITIEA, MCNIEL NOES: COMMISSIONERS: REMPEL ABSENT: COMMISSIONERS: BARKER • CJ z~9 • ^^ GRAFT EXCERPT - PLANNING COMMISSION MI k!!TES - MAY 8, 1985 WKYVHHIIVn - N aivision of z0.9 acres into one parcel in the Hillside Residential Development District, located north of Almond Avenue, west of Big Tree Road - ApN 200-051-06. Barrye Hanson, Senior Civil Engineer, reviewed the staff report. He advised that the attorney for the first trust lienholder of the property requested that access be provided to the remainder parcel through parcel one in order to provide maximum design flexibility for the remaining parcels. He suggested a condition that would place a blanket easement aver parcel one for the future dedication and improvement of a public street on an alignment established by an approved master plan for either parcel. Further, that the applicant had also requested that an irrevocable offer of dedication be granted to the City for the alignment of future roads. Chairman Stout opened the public hearing. Edward Hopson, attorney representing the applicant, gave an overview of the project and advised that the property is in foreclosure, therefore the applicant did not have the four or five months available to return with a tentative map. Further, that what was being requested by the applicant would he approval of a 21-acre parcel, not the streets within the parcel. He additionally stated that a 21-acre parcel is large enough to handle any of the • street configuration alternatives previously presented to the Commission. Mr. Hopson referred to the condition requiring bonds for improvements that might be ul.t imately constructed and requested that a lien agreement be required instead. He stated that it is the concern of all property owners in the area that they have ultimate usable access to develop their property. Mr. Hanson replied that if the Commission so desired, Engineering condition 8-1 could be deleted and 8-2 checked with an additional statement requiring paved access to parcel one and the remainder parcel. James Markman, City Attorney, advised that an instrument would have to be drafted for a blanket easement which would de scr i6e the length and width, and type of standards to be used for the roads. He recommended that the condition regarding the lien agreement should state that it applies to the present alignment on parcels south of parcel one. Additionally, it should also be understood that if a subdivision agreement is entered into requiring security for the improvement of those streets within a certain amount of time, that the City doesn't have to implement the lien agreement. Ken Linville, Civil Engineer, addressed the Commission requesting approval of the parcel map. a4o Art Bridge, 8715 Banyan, Rancho Cucamonga, was concerned with drainage and the approval of a circulation system for this parcel which might prove to be • detrimental to development of the entire acreage. Ne requested denial of the parcel map until such time as all concerns in the EIR are addressed. Jeff King, 7337 Pas Ito, Rancho Cucamonga, suggested that if the Commission deems it necessary to have an irrevocable offer of dedication over parcel one, it would 6e necessary to have the same offer to what is depicted as the County area on the map since without it that land would be totally landlocked. ?here were no further comments, therefore the public hearing was closed. Commissioner Chitiea was concerned with the street layout. She advised that because of the jogs in the circulation system, it would seem to preclude development of the design most preferred by the Commission in previous meetings. Commissioner Rempel stated that the roads presently shown an the parcel map are in theory only and could be changed at the time of development. Further, that it didn't necessarily seem that the street design could not meet the constraints of what the Commission expected ai the time of tentative map submittal. Chairman Stout stated that while he was sympathetic of the applicant's dilemma, the City must base decisions an how a project relates to the City and what is in the best interest of the community. Further, that from the beginning the Commission has reviewed this property as ene parcel and to now • begin parceling off sections would be piecemeal development. Me additionally stated that it has always been past policy of the City to require a tract map in situations where development problems exist; therefore, without knowing what the development is going to look like, could not make the findings necessary to approve the parcel map. Mr. Markman stated that at the Commission's direction he could suggest language for the Resolution to reflect denf al. Motion: Moved by Stout, seconded by McNiel, to deny Environmental Assessment and Parcel Map 9084 with a Change to the Resolution title to reflect denial, the statement that the following findings cannot be met; removal of paragraph one and Section 2. Motion carried by the follo~.ving vote: AYES: COMMISSIONERS: STOUT, MCNIEL, BARKER, CNITIEA NOES: COMMISSIONERS: REMPEL ABSENT: COMMISSIONERS: NONE -carried Commissioner Rempel stated his reason for voting No was hecause he felt the street configuration was not locked in at this stage of 4evelopment. • • GATE: May 1, 1985 T0: Planning Commission w FROM: Lloyd 8. Hubbs, City Engineer BY: Barbara Kral 1, Engineering Technician SUBJECT: ENVIRONMENTRL ASSESSMENT ANO PARCEL MAP 9084 - FORECAST MORTGAGE - A div is ion of .9 acres of land into parcel in the Hillside Residential Development District located north of Almond Street, west Of Big Tree Road I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of Parcel Map. B. Purpose: To create a 20.9 acre parcel and a 58.98 acre remainder. C. Lgcation: North of Almond Street, west of Big Tree Road. D. Parcel Size: Parcel 1 - 20. 9 acres, Remainder Parcel - 58.98 acres. E. Exist inq Zon inq: Hillside Residential and open space. F. Exist inq Land Use: Vacant. G. Su rrounding Land Use: North -~ Vacant. South - Vacant - Approved Tentative Tract No. 10210. East - Vacant. West - Vacant. H. Surroundin General Plan and Development Code Desi nations: North - Hi lside Residentia open space. South - Hillside Residential, VL (less than 2 du /ac ). East - Hillside Residential, open space. West - Hillside Residential, open space, flood control. lI. Site Characteristics: Slopes within the project site range from 8 percent to percent. Vegetation consists of dense chapp oral brush and grasses and weeds with a numher of trees scattered throughout the site. Big Tree Road, which provides access to the foothill and canyon areas, is located along the east 6ou ndary of the project. d41 CITY OF R~1\CHO CtiC~l10SG?, STAFF REPORT ITEM K PLANNI`1G COMMISSION Environmental Assessment May 1, 1985 Page 2 REPORT and Parcel Map 9084 A portion of the site is located within the Alquist - Prio to special study earthquake zone. II?. BACKGROUND: The reason the applicant is requesting the Parcel Map is to create a parcel with a minimum area of 20 acres as required to settle a foreclosure proceeding and provide an area for a water facility for Tract No. 10210, which is nearing recordation. Amore extensive explanation is contained in the attached letters labeled Exhibits D and E. The shape and location of the proposed Parcel Map and related Tract No. 10210 are shown on Exhibit A. The actual tentative Parcel Map is shown on Exhibit B. The applicant had previously suhmitted a tentative tract (No. 12376) far the area contained within Parcel 1 of this Parcel Map. The street and lot layout far the tract, the accompanying area Master Plan, and approved Tentative Tract No. 10210 are shown on Exhibit C. The EIR for Tract 12376 was approved, but the tract itself was denied for various reasons. The applicant has recently submitted another tentative tract (No. 12947), on the same area, which was considered incomplete by Staff; therefore, not accepted for further processing at this time. IV. ANALYSIS: The EIR for Tentative Tract No. 12376 inferred that a possible earthquake fault could be located within the area of the parcel map. The preferred procedure fs to have a Geological Study prepared and approved prior to approval of a project. Due to the timR constraints imposed by the foreclosure proceedings, this would he impractical in this case. Therefore, a condition has been included which requires that a Geological Study be completed and approved prior to the issuance of building permits or the approval of any further proposed developments on the property with a note to this effect to be placed on the Final Parcel Map, (see Condition G.1). Secondly, City policy required that dedicated access he provided to all parcels of a subdivision. When Tract No. 10210 records, it will provide access to Parcel 1 and the remainder parcel via the streets as shown on Exhibit R. However, it is more likely that this Parcei Map will record prior to the tract, therefore, a condition has been added requiring that the access roads shown on Exhibit A be dedicated prior to recordation of the Final Parcel Map, (see Condition G.2). • u to addition, the property owner's attorney has requested by telephone that access be provided to the remainder parcel through Parcel 1 in order to allow maximum design flexibility for the remainder parcel. It is noted that both tentative tracts proposed by the Developer of Parcel 1 have provided such an access road. A possible solution is to require that a blanket easement be placed over Parcel 1 in favor of the remainder • parrel for the future dedication and improvement of a public street on an xY3 PLANN iNG COMMISSION S~ F REPORT Environmental Asses s~nent and Parcel Mao 9084 May 1, 1985 Page 3 al ign^~ent established by an approved Master Plan for either parcel, (see Condition G.3). Lastly, Staff had requested that the applicant withhold the submittal of the Parcel Map until an acceptable Tract and Area Master Plan are completed far the total area in order to avoid imposing possible adverse design constraints on the property. Again, the time constraints imposed 6y the foreclosure proceedings have made this request impractical. The parcels to be created, 21± and BBt acres, are most probably large enough to provide sufficient flexibility to allow far the future design of an acceptable project. V. ENVIRO"!MENTAL REVIEW: Also attached for your review and consideration is Part I of the Initial Study as completed by the applicant. Staff has completed Part [I of the Initial Study, the environmental checklist, and has conducted afield investigation. Upon completion and review of the Initial Study and field investigation, Staff found no adverse impacts on the environment as a result of the proposed subdivision. VI. CORRESPONDENCE: Notices of Public Hearing have been sent to surrounding • property owners and placed in the Daily Report Newspaper. Posting at the site has also been completed. VII. RECOMMENDATION: It is recommended that the Planning Commission adopt the attached~~ut ion conditionally approving Tentative Parcel Map 9084 and authorizing the issuance of a Negative Declaration. Respectfully submi ted, (~ LBH: .ko Attachments: Exhibits A - F Resolution Recommended Conditions Initial Study ayY C ca P1 ;~~ c.°~~ er P Jc6I Re'~a\V to 9o~a ~,~, ~ m o. r S 3 °v i or .o i I3 n\ ~Q ti LJ P,~ea Co~,d~1 ~', ','. '' ~~'~~i ~; 5 ,. i'~~c~ ad5 ,, ~;' c~ed~ u ~ ~,~ ~,~ ~' ,-.- a~Pe `., '.~ q. ii r ~- ~ r AMiotrd SirceY' CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION f/V h A~ ~ 'V n PROJECT: ~-~~ 9a9» h ~_ TITLE: vrr.r~trv Hae EXHIBIT; "A" a 4r -- - a.lr ea s.w / d / °- ~ TENTATIVE- PARCEL MAP N0. 90134 • i., rti, c;ry d Rylcno clceme~ y, • P~++~ M o Man d /ti s[~ W dteiir 71:1 ~:/;l.-n.'•°.~.v., rn. c..ny>s..r e....~r.r F um~nr ee/ca, Lc. F!F[` a i ..: ~-- I ,r..t..-ns ~' (r/1 ' )~[ OF Sf 1,14 ~\.~ ~ ~{ ~- ~..~/1 /~ n+x ~- ~\~ \ ~\ `~ I Pw \ !~_~- ` i A n~~~_~ ~ \ ti _- ~!r ~ ~ P.n \~ _C : f ~F.. it I~rr. $ ~I JF $. 1 (T LN, v,°WJ ! _. j~ _ ~ L 00 CCC "lITA rr ~ B Ie m.~I t~"- ./Nnc; ~r.c IY:c . ~ -- .~._~- n r" IN "1 /rte a f ~ n ~_~Onlrnr .rCnl ..'+~d o..r~ O .II/ M1TM ~IMt~ t r-~aM~ 4+ M.I Nb . R.:Wrlul .. w ~ ~~~I ~~',~ _. . . ~..''..t ~lr'.s ~/~..r r ~~ _ ~. .. a y~ Y ~i A. ]3 ...r a y~,CT ~x;~ry. sn..~•.fM- .wh ~T reY,h 1If1. .. ~.., r.._. '' EXHIBIT "B" C OCY/:TY" C/ 31N LICRNARD/NO \ I ....., , • I i \ ~~ ~ i i ~~\ ' ~ '~ ' '~ A f-'( 1 ~~~~ li Masfcr Pla+~ Fc, --t~~-~ . I L~-i" I ~ a .~ Eiji, ~"-CRF!E ),~`'l~i .. t ~/ \ `~ ` 2 ~ ~i~~ ~ ~-r. Izs~~ ~ .x b (Denl~edj ~ ~. \ c e n > ~ "\ ~, h ~ i . •• _ fOUNTY OP 3/V./ •~ 1 •• / \~ \/~1. ff1 •C?YMR~MIY~C ~ I CR/RT`~ ~/ ~ -!L I ~~ ~ ~\ ~ I ~_ _ \ i ~ -~_~ RLMONO -~--~1 srrecr ----~~-- I I ---- -~ -_.._.___-_._ -------- hI I ~ a~ I~~ I^ I~ V ~ lol Icl ~I (\ORTH ~; I~~ CITY OF PROJECT: P.,I. 908G • RANCHO CUCAMONGA TITLE: sraeer rnrTeaus ENGINEERING DIVISION ExHIBIT: ~~~~~ av~ -~, t -~' '-" C O R P O R A T I O N Construction; Development i.pril i, 1985 City of Rancho Cucamonga Engineering Department 9320 Baseline Rd. Rancho Cucamonga, CA. 91730 Attention: Barrye Hanson Re: Tentative Parcel Map ivo. 9084 Dear Barrye; The following is the information ycu requested regarding Tentative • Parcel Map No. 9084. 1. REASONS FOR CREATING A SItiGLE ODD SHAPED PAP.CEL: We acquired tt;rough foreclosure the real property known as Tentative Tract #10210 in 1982. As part of the original foreclosure action, my company also acquired an option to purchase an additional 113 acres from a Mr. Fred Schuho lf. The minimum amount of property that could be purchased under the option agreement was 20 acres. In order to satisfy Cucamonga County Water District requirements for Tract #10210, it is necessary to place a water facility on the parcel of land immediately north of the subdivision. Accordingly, we exercised our option and purchased a 20.93 acre parcel that included the water facility site. We paid for the above 20.93 acre site in full subject to an approved lot split. We immediately thereafter filed Tentative Tract :dap No. 12376 to parcel off these 20.93 acres from Mr. 9chu holf 's land. After several meetings and a considerable length of time spent properly planning the subdivision layout with staff, the city planning commision required an environ- mental impact report before allowing us to proceed with the processing of our tract map. The EIR sited many concerns regarding the development that would take a considerable length of time to address before we could proceed with the processing of the subdivision map. 9333 Baseline Rnad • Suite 290 • Rancho Cucimont;a, California ox^;0 lid-o87-7^88 1V 8 E%H IBIT "D" C In the interim, Mr. Schuholf started foreclosure pro- • ceedings to take back all the optioned property including the 20.93 acre parcel that we had already paid for because he felt an inordinate amount of dime had passed. Y7e have since delaye3 the foreclosure proceeding with a temporary injunction against Schuholf in which the court has granted us a limited amount of time to parcel of` the 20.93 acres we paid for. We therefore need your assistance in parcel- ing off the 20.93 acres to satisfy the court's directive in a timely manner. You will note that the parcel has somewhat of an odd shape. The reasons the parcel is odd shaped include allowing for proper street patterns considering the parcels topography and to include the water facility site at the requisite elevation. 2. PUBLIC ACCESS The parcel will have public access when Tract Map No. 10210 records by means of Skyline Road. If this proposed Parcel Map is ready for recordation before the Tract Map records an offer of dedication can be granted to the city by separate instrument along proposed Skyline Road from Almond. HOW WILL THIS PROPOSED PARCEL FIT WITH FUTURE DEVELOP+7ENTS • Linville Civil Engineers has prepared a concept layout of the entire area along with a Tentative Tract Map of the Parcel of which the City Planning Department has copies. These layouts indicate that in no way will the creation of this parcel result in any future developments. 4. EARTHQUAKE Linville Civil Engineers has indicated on the revised tentative parcel map an area at the north portion being a non-buildable strip subject to a geological study. This strip is due to a previous geological report which indicates that there may possibly be a fault line in this area. Until such time as a tentative tract map is officially filed with your City, this land will remain vacant. Barrye, because of the time constraints imposed by the court, it is extremely important that we process this map as soon as possible. We would certainly appreciate your assistance in this regard. Sincerely, ~:~ ~~ ~~~ • James P. reviti :President ~,4 9 C C COVINGrCrv 6 Cac w'e c~\~ • ~ ~~. .,.. iu; wcsr v.rs cs%n«. q~~A~C `., e.o, Po s* orr;cc s ;sis y~y ~4p FT~~' ` onrna;o. u;.;ro r+n:n ensx A'y 1iy 9~ ~ n ~o~:°` c.,~:",::: ,. ?8 9,0~ 004 : n _ , s,.., ~4p i9~ 1a io,~o-i. \ . _° =Ys~ April a, 1985 aG~l~, /9~'s v ...~ .. ~ a,PSS'~r Mr. Rick Gomez City o: Rancho Cucamc rga P .O. aox 807 Rar.chc Cucamonga, California 91730 Re: Tentative Parcel Mao (9084 Forecast Mortgace/Schulhof Dear Rick: • Hearings are continuing on the parties' battle over whether er not SChulhof's foreclosure should be post- poned until the City completes the approval process on the 2-lot parcel map. At the hearing on April 5, 1995, Judea Ziebar th of the Superior Court expressed his concern regarding the time that had passed. The in ;unction to stop the foreclosure until the parcelling has been comp le [ed was postponed until May 13, 1995. Judge Ziebar th is having increasing difficulty trying to do what is fair to both parties and expressed concern that all patties' hands were tied until the City of Rancho Cucamonga could complete the parcelling process. Give.^. tha judge's remarks is open court, Fore- cast Mortgage would solicit your support in moving the hearing on the matter, currentl}• set on the Planning Commission's age r,da for hiay 22, to the Plar.n ing Commission aae.^,da for Map 8. ~o one knows hettor than I how concocted the Planni r,g Commissien's agendas can get. On the other hand, er.eedited revi e':; by the City could solve a lot of preblecs and potentially eliminate this la~.a u~t. ~ a ~ - -- ~- -., C C Mr. Rick Gomez • April B, 1985 Page Two Whatever assistance you can give the developer ir. an earlier hearing date would be appreciated. I` you need further information in order to e~ccedite the hearing, olease feel free to contact me or the civil engineer. Q Resoec _u11y, ~/ (/~~/ // 7 Ed~.oar A. opsor„ ~ / of COVIVGTON 6 CROWS ~ EAH:koh cc: Mr. Lauren Wasserman Forecast Mortgage r 1 U a5~ • • ~ C CITI" OF R.ASCFIO CCC.A \IO\GA iVIEJIORANDL'`I CATS: April 30, 1995 T0: Barrye Hanson, Senior Civil)Enaineer FRO;•1: Rick Gomez, City Plannery~~,G 9Y: Curt Johns*.on, Associate Plpnn er SUSJ'cCT: PARC:L h1AP 9084 - n1A'19~NG C0~'~+I SS My R~II°'J ~~ ir`-, ' sir` ~- ` 9 < ~ ~'•-, `~~`, le" ~ As you are aware, the applicant for Parcel .1 ap 9084, Forecast Nor tg age, regues led Planning Commission Review as soon as passible. Apparently, the ore perty is in foreclosure and subdivision of the 20.9 acres of land (P~'d 9084), frem a larger parcel will resolve pending litigation. Normal .y the parcel map would be reviewed by the Planning Commission concurrently with the corresponding tract map application (Ti 12947). However, considering the unusual circumstances Che Planning Division will clear the parcel map for Commission review. C e^~hining the review of different applications far the same project generally saves Commission and Staff time and allows full analysis of each phase. The intent is to avoid a situation where a previous approval creates site planning or other design constraints. In this ' case, the proposed parcel boundaries will not significantly inhibit future subdiv+=ion of the land and development of a project consistent with the design objectives for the property. Through the E.I.R. and design process for Tentativ_ Tract 12316, the concept of clustered 1/2 acre lots with open space greenbelts was established as a design solution to presar:e th=_ hill sid=_ character of the site. As you knoo~, the prooosed tot lines for PM 9094 are based on the original he and aries of Tentative Tract 12376. Although TT 12376 was denied by the Planning Corrnission last January, another tentative tract application (TT 12437), has been submitted by Forecast t1ort gag=. A ne~.v street al igr,-sent and lot configuration is propos=d ;vith TT 129d7, but the boundaries created by Parcel ~qap 9034 ~,vi l1 not adversely affect the design since co•nmon open space ar2=.s buffer the individual lots to the north and west. Regarding the environmental assessment for the parcel map, the Planning Division would support a recommendation for issuance of a Negative Declaration. Two paints, however, are noteworthy as follows: ~S~- Exhibit "F" C n 1. The EIR concluded that the design and intensity of development proposed by Tentative Tract 12376 and the conceptual master plan would have a substantial aesthetic impact on the hillside. Dn the other hand, the proposed parcel map would not have the same impact since only one additional residence would be allowed, thereby preserving the hillside character of the site. 2. The EIR indicated that a fault trace may exist through the north side of the parcel map and that a geologic study is necessary. R condition of approval requiring this study in accordance with the Alquist Priolo Act prior to any development or further subdivision is recommended to resolve this concern. The above concerns as well as a number of other issues should be resolved in the upcoming months during review of Tentative Tract 12947. A copy of the latest correspondence to Forecast Mortgage is • attached for your review. Considering these circumstances, including the on going litigation, the Planning Division will concur with scheduling the parcel map for Planning Commission review at your discretion. RG: CJ:cv • ~S~ ~ < V v RESOLUTION "10. • ~A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 9084 (TENTATIVE PARCEL MAP N0. 90d4 ), LOCATED NORTH OF ALMOND STREET, 'REST DF BIG TREE ROAD WHEREAS, Tentative Parcel Map Number 9084, submitted by Forecast Mortgage Corporation and consisting of 1 parcel, located north of Almond Street, west of Big Tree Road, being a division of a portion of the southeast 1/4 of Section 17, Township 1 North, Range 7 West, San Bernardino Book and Maps in the County of San Bernardino, State of California; and 'WHEREAS, on February 1, 1985, a formal application was submitted requesting review of the above-described Tentative Map; and WHEREAS, on May 8, 1985, the Planning Commission held a duly advertised public hearing for the above-described map. FOLLOWS: NOIJ, THEREFORE, THE RANCHO CUCAMONGR PLANNING COMMISSION RESOLVED AS SECTION 1: That the following findings have been made: 1. That the map is consistent with the General Plan. • 2. That the improvement of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: That this project will not create significant adverse environmental impacts and a Negative Declaration is issued on i4ay B, 1985. SECTION 3: That Tentative Parcel Map No. 9084 is approved subject to the recommenn~Conditions of Approval pertaining thereto. RPPROVED AND ADOPTED THIS 1ST DAY OF MAY, 1985. PLANNING CO'-0MISSIO"! OF THE CITY OF RANCHO CUCAMONGA BY: Dennis L. Stout, Chairman ~J ~ ry ~ `- 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 1st day of May, 1985, by the following vote-to-wit: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • ~sS C ~ CITY OF RANCHO CUCAMONGR • RECOMMENDED CONDITIONS OF APPROVAL LOCATION: North of Almond Ave., West of TENTRTIVE PARCEL MNP N0: 9084 Big Tree Road DATE F[LED:Febr uary 1,1985 LEGAL OESCRIPTI ON: 9eing a division of a NUMBER OF LOTS: 1 & Rem. Parcel portion of the S.E. 1/4 of Section 17, T.I.N GROSS ACREAGE: 20.9 & 58.98 Remain Range 7 'lest, San Bernardino Book of Maps, ASSESSOR PARCEL N0: in the County of San Bernardino, State of CA ~+~~,e++~:e:~++r+~~.•~•:++.x~:~wx,rwxx~+++~r+~++~~+++*xxrxaxax,r+:r+++xa•k.+++.x+•x+ DEVELOPER OWNER ENGINEER/SURVEYOR Forecast Mortgage Co. SAME Linville Civil En gineers 9333 3aseline Rd Ste. 290 9333 Baseline Rd, St. 190 Rncho Cuc a., CA 91730 Rncho Cuca., CA 91730 Improvement and dedication reQui rements in accordance with Title 16 of the Municipal Code of the City of Rancho Cucamonga include, but may not be limited • to, the following: A. Dedications and Vehicular Access 1. Dedications shall 6e made of all interior street rights-of-way and all necessary easements as shown on the tentative map. 2. Dedication shall be made of the following rights-qf-way on the following streets: additional feet on additional feet on additional feet on 3. Corner property line radius will 6e required per City Standards. 4. R11 rights df vehicular ingress and egress shall be dedicated as follows: 5. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of ail common roads, drives or parking areas shall be provided 6y C.C.&R.s and shall be recorded concurrent with the map. n LJ -1- a sG {- ~ 6. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the map per City Engineer's • requirements. 7. Easements for sidewalk for public use shall be dedicated to the City where sidewalks meander through private property. B. Surety X 1. Surety shall be pasted and an agreement executed to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the public improvements prior to recording for access to Parcel 1 and remainder parcel. 2. A lien agreement must be executed prior to recording of the map for the following: 3. Surety shall be posted and an agreement executed, guaranteeing completion of all on-site drainage facilites necessary far dewatering all parcels to the satisfaction of the Building and Safety Divison prior to recording for and/or prior to issuance of building permit for C. Street Improvements Pursuant to the City of Ranch Cucamonga Municipal Code, Title 16, Section 16.36.120, the subdivider may enter into an agreement and past security with the City guaranteeing the required construction prior to recordation of the map and/or building permit issuance. 1. Construct fuil street improvements including, but not limited to, curb and gutter, A.C. pavement, sidewalk, drf ve approaches, parkway trees and street lights on all interior streets. X 2. A minimum of 26-foot wide pavement within a 40-foot wide dedicated right-of-way shall be constructed for access to Parcel 1 and remainder parcel. 3. Construct the following missing improvements: Prior to recordation for Prior to building permit issuance or Curb A.C. Side- Drive treet treet A.C. Median Street Name Gutter Pvmt. Walk Appr. Trees Lights Overlay Island* Other *Includes landscaping and irrigation on meter • -2- zs7 ~ i X 4. Prior to any work being performed in the public right-of-~.aay, fees shall be paid and an encroachment permit shall be obtained • from the City Engineer's Office, in additson to any other permits required. X 5. Street improvement plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of an encroachment permit. 6. Developer shall coordinate, and where necessary, pay for the relocation of any power pales or other existing public utilities as necessary. 7. Existing lines of 12KV or less fronting the property shall be undergrounded. 8. Install appropriate street name signs, traffic control signs, striping and markings with locations and types approved by the City Engineer. 9. Street light locations, as required, are to be approved by the Southern Cal iferni;. Edison Company and the City of Rancho Cucamonga. Lights shall be on decorative poles with underground service. 10. Landscape and irrigation plans shall be submitted to and approved by the Planning Division prior to the issuance of • building permit. 11. Concentrated drainage flows shall not cross sidewalks. Undersidewalk drains shall be installed to City Standards. D. Drainage and Flood Control 1. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. The following storm drain shall be installed to the satisfaction of the City Engineer 4. Prf or to recordation of the map, a hydrologic and drainage study for the project shall be submitted to the City Engineer for review. 5. A drainage detention basin per City Standards shall be constructed to detain increased runoff -3- 1sd (~ E. Grading ,- 1. Grading of the subject property shall be in accordance with the • uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to issuance of building permit. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application or grading plan check. 4. The final grading plan shall be subject to review and approval by the Grading Committee and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever comes first. 5. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building permit. F. General Requirements and Approvals X 1. Permits from other agencies mill 6e required as follows: _ CatTrans for San Bernardino County Flood Contro District % Cucamonga County Water District for sewer and water San Bernardino County Dust Abatement (required prior to issuance of a grading permit) Other 2. A copy of the Covenants, Conditions and Restrictions (C.C.&R.s) approved by the City Attorney is required prior to recordation of the map. X 3. Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street constructon. 4. Sanitary sewer and water systems shall be designed to Cucamonga County Water District standards. A letter of acceptance is required. 5. This subdivision shall be subject to conditions of approval from CalTrans/San Bernardino County Flood Control District. • X 6. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final map will • be subject to any requirements that may be received from them. -4- ~s9 C ~" X 1. The filing of the tentative map or approval of same does not guarantee that sewer treatment capacity wilt be available at the time building permits are requested. When huil ding permits • are requested, the Cucamonga County Water District will be asked to certify the availability of capacity. Permits will not be issued unless said certification is received in writing. B. local and Master Planned Trails shall 6e provided in accordance with the Trail Plan. A detailed trail plan indicating widths, maximum slopes, physical conditions, fencing and weed control, in accordance with City trail standards, shall be submitted to and approved by the City Planner prior to recordation for and/or prior to building permit issuance for 9. Prior to recording, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District 82-1 among the newly created parcels. X 10. At the time of final map submittal, the following shall be submitted: Title Report, traverse calculations (sheets), copies of recorded maps and deeds used as reference and/or showing original land division, tie notes and bench marks referenced. 6. Special Conditions X 1. R Geological Study shall be completed and approved prior to the • issuance of building permits or the approval of any further proposed development within Parcel 1 or the remainder parcel, and a note to this effect shall 6e placed upon the Final Parcel Map. X 2. Dedicated access to both Parcel 1 and the remainder parcel shall be provided prior to the recordation of the Final Parcel Map. % 3. A blanket easement over Parcel 1 in favor of the remainder parcel for the future dedication and improvement of a public street on an alignment established by an approved master plan for either parcel shall be provided prior to recordation of the Final Parcel Map. CITY OF RANCHO CUCAMUNGR LLOYD 8. HUBBS, CITY ENGINEER by: -5- ,~bu n • GSA-~1~1 O, ~O.i =mar' ~ . < ~ ;; ,. 1 .- c' ~`~:%-C:' c ~, ~~~ Z ~; > ig77 GENERAL ENVIRONiV~,JNTAL REVIEW APPLICATION INITIAL STUDY -PART I For all projects requiring environmental reviaw, this farm must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Planning Division staff will prepare Part II of the Initial Study and make recommendations to Planning Commission. The Planning Commission will make one of three determinations: (1) The project will have no significant environmental impact and a Negative Declaration will 6e filed, (2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or (3) An additional information report should be supplied by the applicant giving further information concerning the proposed project. Date Filed Project Titl Applicant's Name, Address, Telephone: Forecast Morwaae Co roo ra Lion 9333 Easel+ne 4d Ste 290 Rancho Cuca r•on oa CA 91730 (71x1 987-7784 Name, Address, Telephone of Person To Be Contacted Concerning Chis Project: Jim Previti c/o Forecast Mortaa ee Coroo ra Lion 9333 Baseline Rd Ste. 290. Rancho C~icamonoa. CA 91730 (7141 987-77P.A Location of Project: N'lv of Almond at Bia Tree Poad. Na of T.T_M. 10210 Assessor's Parcel No.: 200-OB1-D6 list other perm ics necessary from local, regional, state and federal agencies and the agency issuing such permits: .ov rnm nt FnreStrv Service. ~ G/ 1-1 c- pRO.IECT DESCRIPTION Proposed use or proposed proj Residential Subdiv it of Parcel 1 for 16 lot Custom T.M. "lo. 1 Acreage of project area and square footage of existing and proposed buildings, if any: __ 20.9 AC -Vacant _ _ Describe the environmental sett inq of the project site including information on topography, soil stability, plants (trees), land animals, any cultural, historical or scenic aspects, land use of surrounding properties, and the description of any existing structures and their use (attach necessary sheets): The existing terrain slopes southerly at approximately 13". • See E.I.R. filed and accepted by City for detailed description. • Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact See T.T.M. No. 12947 filed on 2/1/85. bbl I-2 • .- ~ ~ . HELL TR IS PROJECT: YES NO 1. Create a substantial change ir, ground contours? _ X 2. Create a sub sf ant ial change in existing noise of produce vibration or glare? X 3. Create a substantial change in demand for mun is ipai services (police, fire, wa*. er, sewage, etc.)? _ X 4. Create changes in the exist ing Zoning or General Plan designations? _ % 5. Remove any existing trees? How many?_ _ % 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? _ % Explanation of any YES answers above (attach additional sheets if necessary): • 7. Estimate the amount of sewage and solid waste materials this proj=_ct will generate daily: N/A - No for Const. - See T.T.M. No. 12947 8. Estimate the number of auto and truck trips generated daily by this project: N/A 9. Estimate the amount of grading (cutting and filling) required far this project, in cubic yards: N/A 10. If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial eva iuation to the best of my ability, and that the facts, statements, and information presented are true and correct to the hest of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can 6e made 6y the Planning Division. Date: Ljb Bj Signature ~,~.+. yf ~rCt 7itle_ Engineer 2G3 I-3 i aESmE•i-t AL coasT=,ucTtorl • The following information should ba provided to the City of Rancho Cucamonga Planning Division in order to aid the school district in assessing their ability to accommodate the proposed residential development. Deve lop=_rs are required to secure letters from the school district for accormodating the increased number of studen LS prior to issuance of building permits. Name of Developer and Tentative Tract rlo.: (See T.T.M. No. 12947) Specific Location of Project PHASE C PHASE 2 PHASE 3 PHR SE 4 TOTAL 1. Number of single family units: 2. Number of multiple family units: _ 3. Date proposed to . begin construction: 4. Earliest date of occupancy: Mod elf and# of Tentative 5. Bedrooms Price Ranoe C a.oY I-4 • ~ ~ CITF OF P.:ISCHO CL'L.y~10SG.A STAFF REPORT OAT=: August 22, 1984 T0: Chairman and Members of the Planning Co.-nission FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner \~ ~i ca tip, ~~ to _~~~~> t.: ~.~. ~ _~ I9P' I ii SUBJ ELT; DRAFT EHV IRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT 2 6 FORECAST - Planning Commission review of the Or afi iR foci r a custom lot subdivision of 16 lots do 20.9 acres and a conceptual master plan for 94 acres of adjacent land in the Hillside Residential and Open Space Oisir. icts, located north of Almond Street, generally west of Sapphire Street - APN 200-051-06, 07. I. A95 TRACT: The purpose of the public hearing far this item is to facilitate Commission review and public input regarding the draft EIR for Tentative Tract 12376. No Commission action fs required at this time. Rather, comments received wilt be incorp or aced into the final EIR. Consideration of the Tentative Tract Map and cert if icatipn of the final EIR by the Commission will occur following clearance of the project by the Technical .Review and Cesign Review Committees. II. SL4MMARY OF EIR: The following is a summary of the major environmental concerns and mitigation measures disr~ssed in the draft Environmental Impact Report. A. Land Forms/TOOOdrao hy• Imo acts: Significant Alterations to the site's land form would result from grading of the proposed roads, driveways and building Dads. Impacts would be most signif itant along roadways or driveways which cut across 16X grades, and especially along the Steep scope between the two mesas. Almost one-third of the tots will cause significant grading far driveway and building pad construction. N+tigat ion Measures: Consider alternative street pat ;erns and oc conf iT~ 9u ratigns. Alternatives are discussed in Section III of [his reoort. In addition, locate driveways where the least amount of grading is necessary, 45 ~l~i ITEM H PLANNI9G COM8IS5'+Y STAff REPORT EIR - Tract 1237,rorecast ~ August 22, 1934 Page 2 9. Geo loo v/Sails: Imo acts: The proposed development places residential uses in an area of law to moderate risks for earthqu ate hazards. Slope instability may exist in some areas due to steep tooooraahy and presence of bedrock formations susceptible to lands tiding. Mit ioation Measures: Require a site-saes if is fault investigation, establish setbacks from fault traces, avoid construction on erodab le slopes, and set a ISO-foot sethack from Cucamonga Wash. C. Hvdro lopv: impacts: The proposed temporary berm north of Tract 12376 would cause concentrated runoff south pf the site. Runoff from the streets within the proposed tract map and conceptual master plan area would be considered unsafe as it reaches Tract 10210 during a 10-year storm frequency. Runoff from Incline Drive (within the master plan area) would cause considerable off-site erosion after it is discharged at the southerly project boundary. Mitip ation Measures: The temporary berm north of Tract 12376 wit oeT redesigned to direct flows directly iota Cucamonga Canyon. Storm drains within Tract 10210 wilt be designed to handle additional flows. Provisions far intercepting and conducting flaws to the Almond intercept channel should be required. D. Biological Resources: Imo ac ts: Implemen tatipn pf the project would remove much of the natural habitat from the site. Yo rare or endangered species are located on the site. Mi ti ation Measures: Preserve existing native Oaks. Revegetate a grade0 and cut and fill stop es. Buffer natural areas from residential development. E. Cultural Resources: hoar is: There is the possibility that ar chop legicat resources Could be impacted with development of the site. Mitigation Measures: A qualified archeologist should Survey the project area Drior t0 development and Cake appropriate measures if archeological sites are found. • • • 46 ~bG PLANNING COR:"I5S~7 STAf= R:PGRT 'e IR - Tract 12310, ~c rec ast 1 • August 2?, 1984 Page 3 f. Land Use and Plann ind: lmo acts: The proposed development would substantially alter the character of the site. Although the nuab er of tats proposed is under the maximum density of two units per net buildable acre, the current project design is inconsistent with General Plan policies. The intent of the General Plan is to provide for limited development which is sensitive to the natural environment and to preserve the natural character of a hillside. In addition, the General Plan states that development in the foothills should relate [o the slope in order io preserve the integrity of the hillside, minimize disruption of natural ground form, and should be concentrated to preserve open Spaces and scenic value. Further, the General Plan states that in areas with moderate constraints including, but not limited to, fire, zoil erosion, slopes, and seismic hazards, development should he restricted and the area predominantly maintained as open space or as low intensity • development. Mitication Measures: Review design alternatives and other measures which mitigate the landfarm changes, drainage and view impacts, vegetation removal, and public safety hazards, and consider appropriate revisions to the project. G. Traff iclC irwlatidn: Imo ac ts: The Master Plan proposes a northerly street connection between the two mesas tnrough a 60-foot hidh, 40: slope. The purpose of this road is to orovide secondary access to the east, which is critical considering the significant public safety hazards in the area. A southerly access road will be less efficient; however, the Hillside Residential 0istr ict prohibits grading to 40X slope areas to limit land form alterations. In addition to this concern, some traffic conflicts could result from retreat idn traffic traveling through and parking within the proposed tract. Mitieation Measures: Consider secondary access alternatives. Provide des ig noted recreational parkfng areas. H. Pu61ic Services and Utilities: i Imo ac ts: Significant impacts on fire protection services could resu it due to the distance of the site from existing fire stations and due to the proximity of wi ldland to the site. 47 a ~~ YL ` ' STAFF EPD T +' ° AN !L i6 ` R R CC~ ,M ISS ~ EIR - Tra ct 123ib,rorecast I August 2? , 1984 page 4 Mitidatidn Meas ores: Implement Foothill Fire Pro tectidn District standards. Domestic water distribution facilities for conception needs and fire flaw must be codrd looted with the Cucamonga County Water District. I. Pubiit Safety: Imo ac ts: Development of this site would expose residents to irk e, earthquake, and erosion hazards. The hazards are compounded because the site is in a high ff re hazard area outside of the Fire District's standard seven (i) minute response time. Mi".idation Measures: Mitigation measures may inc Jude automatic sprinkler systems, fire proof construtti on materials, construction of an additional fire station, development of a fuel modification program, irrigation of natural species, replacement of fire resistant species, permanently maintained rescribed burnin r lts and b g p g. een , e III. ALTER'!AT?VES: Three atternat fives were discussed in the Draft • EIR. While none df the alternatives is an optimum solution at this time, each one does have particular aspec t5 which may improve the current Tract design. i Alternative One: The first alternative pro ~OSes an alternate circulation system with a road adjacent to the Cucamonga 'Wash and a southerly connection between t he lower and upper mesas. The road adjacent to the wash provides an oDPOrtunity for a puhlic scenic cd rr idor, but detailed geology studies would be required to assure st ability of the slope before the road can De placed at this idcatidn. The southerly connection between the two mesas eliminates a significant road cut across a 40 slope, but is less effective in terms of providing seta ndary access td the upper mesa and land further to the east. Also, the serpentine road pattern will most likely exceed the Ciiy's standard for street grades at the cut backs. Alternative Tao: This alternative prdvides a lot layout which considers the env ironmental constraints imposed by the slopes, fault zone, major drainage course. The lots shown are generally larger where site constr aint5 are most severe. This concept for lot patterns can be employed with whatever street pattern is finally approved. In addition, Co further reduce landform alterations, driveways should be predetermined where the least amount of grading is necessary far access to individual cots. • 48 ~GP PLAYNI'!G CONMISSaI STAFF REPGRT EIR - Tract i23i bi Forecast August 22, 1984 • Pag= o Alternative Three: The third alternative proposes half-acre lots grouped on the upper mesa in the less steep areas of the site with conmon open space surrounding each group. This alternative reduces the disturbance of natural habitats, increases the open space opportunities, reduces grading/landform impacts, and has the least visual impacts in Germs of southerly views to the site. In addition, this alternative has the greatest potential to assure far protection pf open space while providing for limited develppment. The benefits of each of these alternatives should 6e considered and incprpprated into a single Tract Map and Master Plan design which provides a proper balance between aesthetic, environmental, and public safety [once rns. IV. CORRESPONDENCE: This item has been advertised as a public hearing in The Oailv eoort newspaper, the property posted, and notices were sent to property pwners within 3D0 feet of the project site. In addition, cppies of the EIR have been available for review at the branch library and Planning Oiv ision off ice. To date, no written correspondence has been received. • V. RECDMMENOATIDN: It is recpmmended that the Planning Commission review ine draft Environmental Impact Report and consider any public corrtnen is regarding the dpcument. After such consideration, the Commission may wish to continent on the content of the EIR including design alternatives. Comments received from the Planning Commission and public will be incorporated into the final EIR, which will he brdug ht before the Conmissian concurrently with consideration for approval of the Tentative Tract Map and Master 71an. tf ull~bmitted, R1ck iGame'z ~ityi Planner r !RG:Cd;jr Attaa,~nents: Exhibit "A" - Location Nap Exhibit "8" - General Plan Exhibit "C" -Natural Features Exhibit "D" - Tentative Tract Map Exhibit "E" - Grading Plan • Exhibit "F" - Alternative One Ezhibf; "G" - Alternative Two Exh i6i[ "M" - Alternative Three 49 ~Gf ~GOf/NTV CI A~.l' G,JfMI. R.^..,NJ ~ --._ -_ ou.. u.u~ •w••..... •l114i• ® N. A.P ~ ~ tii ~\~ ~ of I ~ I ,% ~, ~ ~ xnLe. r-.ao• ~ ~ ~ V ~ 41 ~ l ~ \ 4~ I - l ~0~.-~ ~ ~~~t I ri C . -_ i % . T i . 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FCS_~ ~ZS7(p R.~\CHO CL'C1~I0\G.~ TITLE ~l'P. terr nrui PLA\\I\G D11'LSIO`` EXHIGfr: " ~~ --~+~ SCALE '~ 57 ~7~ 1 ~ ALTSRI~]ATIV~ CI€~CULATIOTI SVSTER>9 T.T. 12376 and Conceptual Master Pian CITY Or F'ASCXp C'JCA M1!pN GA r^\ XOIiTH clr~~ or RA\CHO CL'C.-1JI0\"G.~ IrE~I ~~',e Fc>,e 7r /zs~~ PL:\\'\'I\'G Df\'ISIO\ TITLE ~t~~;YF / • E~HIrIr. " ~-- -~_ SC:\LE ~_ 58 3 7P ~ -~ L~ ALTERNATIVE STANDARD LOT LAYOUT T.T. 12376 and Conceptual Master Plan CITY OF RANCHO CUCAMONGA V V \'ORTH '~ a cIT~~ or R.-~\CHO CL'C~~IO\G.-~ rL:~~~I~c ~I~~LS~o~ ITF.~b ~/R ForC Tl/L37 TITLE ifG7l~rWTNB 2 E\HIIIIT~~_SC.~LE 59 an ~;s:l1~a cats~rytivrhv~o OPEN SPACE ALTERNATIVE T.T. 12376 and Conceptual Master Plan CITY OF RANCHO CUCAMONOA CITY OF R.~~CHO CL:C~JIO\G.-~ PL:~.\\i\G DI\'LSfOV (/ V \'pI2TH ITE~b ~•%R. FoL' 7T/L'S7Le TITLE dfSCR/W977VG 3 • E.\HI61T ~ ~ ~ SGaLE+ fi0 a s~ 1 ~ 1 ~ • DESIGN REVI E'd CONVENTS ENVIRONMENTAL ASSESSRENT AND TENTATIVE TRACT 12376 -FORECAST - A custom lot suDdivi Sion of 16 lots on 20.9 ac ros and a conceptual Mastzr Plan for 94 acres of adjacent land in the Hillside Residential and Open So ace Districts, located north of Almond Street, generaiiy west of Saophi re Street - APN 200-051-06, 01. Desion Parameters I For background information regarding this project, please review the Draft EIR and the Staff Report of August 22, 1984, which sunmar izes the environmental impacts and alternatf ve design solutions. Committee discussion regarding the project should focus on a street pattern and lot configuration that balances the following goals: 1. Preserve the natural character of She hillside. 2. Limit land form alteration and removal of vegetation. 3. Reduce public safety haiards (fire, seismic, landslide). ' 4. Provide an efficient circulation pattern which considers street grades and secondary access. • Staff Continents Site Plan: 1. Consider grouped lots to maximize oven space areas outside of individual parcels. 2. Reouire a greenbelt around the project to create a defined edge between the natural and Duilt environment. 3. Consider alternate street patterns which eliminate the northerly connection hetween the uop er and lower mesa. This road will cross a 4px slope, whereas the Hillside Residential District regulations state that development and grading is prohibited in this slope category. Alternate circulation pattern, however, must consider secondary access. 4. Provide a public view area adjacent to Cucamonga Wash. 5. Reouire larger tots along fault Graces and in areas with steeper slopes. 6. Regu ire driveways to be located where the least amount of grading is necessary. Also, revise lot pattern where severe grading must occur, and consider combining driveways to reduce cuts. 61 a ai 1 ~ Design Review Comments • Environmental Assessment & TT 12376 - Forecast Page 2 Architecture; 7. Reaffirm Hil iside Residential Standards limiting land form alteration based on slope and requiring versatile building materials which blend into the natural surroundings. 8. Require split level building types. 9. Consider minimum dwelling unit size. 10. Establish landscape pallet for tract including cut slopes and on individual lots. Oes ion Review Cononittee Attf on Members Present: Larry McNiel, Oennis Stout, Tim Beedle Staff Planner: Curt Johnston 1. Redesign entire tract and Master Plan area using grouped 20,000 sq. ft. lots arau nd cul-de-sacs in less steep areas of the site. 2. Open space "greenbelt" must be provided. 3. Eliminate road across 40; escarpment. Provide secondary to Lower mesa in southerly location where slopes are less steep. 4. Provide public access Co vista point at top df Cucamonga Nash via greenbelt on trails, 5. Conceptual grading for driveways and buildfngs shall be indicated prior to tentative map approval far all lots within Ti 12376. Building envelopes shall also be shown. 6. Landscape pal', et shall be provided for Slope planting, and far plantings on individual lots. Intent is to provide landscao ing which is compatible with and maintains natural character of the site. 7. Project must return tq Oesign Review Committee with revisions. • 62 ~8> • G. EN'JI RONMENTAL AS SESSMEVT AND P4RCEL MAP 9649 - !IVCOLN PROPER TY COMPANY - A division of 22.4 acres into parcels within Lne :4in imam imp act Heavy Industrial category (Subarea 9) located on the northwest corner pf Rochester Avenue and 8th Street -APN 229-111-8, 9. Lioyd Hubbs, City Engineer, reviewed the staff report Chairman Stout stated that when this Droject was hefor=_ fine Commission as a Development Review conditions were placed on the desolation re~ufiring some type of agreement for future rail use and asked if those conditions would still apply to the Parcel Map. Mr. Hubbs replied that a condition was placed on the Parcel Map which incorporated all conditions of the Development Review. Chairman Stout opened the public hearing. Hill Shubin, representing Lincoln Prop ern es, addressed the Cononission stating that the applicant is currently working with the Engineering staff dnd City Rttorney to come up with the proper agreement for the rail use. There were no further comments, therefore the public hearing was closed. Motion; Moved by Rempei, seconded by Barker, anon imous ty carried, to issue a Negative Declaration and adopt the Resolution approving Parcel Map 8648. • AYES: COM,MISS [ON ERS: REMPEL, BARKER, CHITIEA, MC."II EL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS NONE -carried • A A R w H. DRAFT ENVIRONMENTAL IMPACT REPORT FOR TENTATi'!E TRACT 12375 - FORECAST Planning Cpmmission review of the Or aft EiR for a cuztcm lot supdivision of lfi lots on 20.9 acres and a conceptual master plan for 94 acres of adjacent land in the Hillside Residential and Open Space Districts, local ed north of Almond Street, generally west of Sapphire Street - APN 200-051-06, 07. Curt Johnston, Associate Planner, reviewed the staff report. Chairman Stout opened the public hearing. Art Bridge, 8715 Banyan Street, Rancho Cucamonga, presented a letter tc the Cortcniss ion which ouU fined his Concerns. Mr. 8r idge Summarized the contents of his letter which ezp ressed concerns with grading and padded tats, street lights, Hydrology, density, multi-story units, and circa laa on. He suggested the possibility of the applicant posting bonds to restore the site to Sts natural state should the project not be completed. Planning Corvnission Minutes -7- August 22, 1984 28 a43 I i Chuck Morgan, Rancho Cucamonga resident, addressed the Commission stating that • the area is not conducive to one-half acre lads and would prefer 2 dwelling units per acre. He expressed concerns with hydrology and runoff down Incline Drive. He additionally expressed concerns that this approval is for a master plan of 94 acres. Gary Healy, Madele 5 Associates, addressed the Commission exo laming that the project will drain into the Almond Intercept and will alleviate some of the flooding problems in the area. He further advised that the grading and drainage plans are subject to review and approval by the City staff. Curt Johnston, Associate Planner, explained that the master plan for the entire 94 acre parcel was a requirement by staff and that the intent was to set a street pastern and determine haw its effects on Tract 12376. He advised that the basic lot configuration will require further review when the parcel has a map submitted. Michael Vairin, 6981 Opal, Rancho Cucamonga, addressed the Commission.stat ing concerns with circulation and hydrology. He also pointed out that the EIR doesn't address the issue of recreational vehicle access to the mountain areas above this parcel and suggested that the Cammiss tan might address this issue. Lloyd Dorsey, 7825 Almond, Rancho Cucamonga, expressed agreement with the comments made by those who spoke before him. Catherine Bridge, 8711 Banyan, Rancho Cucamonga, stated that this site is • unique in its corn ination of all environmental concerns and warrants special consideration. Jim Previty, representing the applicant, advised that the master plan for the entire 94 acre parcel was done as a requirement of City staff. Further, that the applicant had tried to comply with all suggestions of the City. Chairman Stout closed the puDl is hearing. Commissioner Barker expressed agreement with Mr. Bridge's statements regarding the size of the lots and agreed that the hydrology must be addressed with permanent and substantial devices. He asked Mr. Hov son if the bonds suggested by Mr. Bridge can be required. Edward Hopson, Assistant City Atio rney, replied that deve looment bonds for completion of off-site improvements are provided far in the Subdivision Map Ac[ which allows for bonds to be used tv comp let_d unf inisned off-site improvements. However, bonds cannot be required to glace Land back in its original state. Commissioner Barker stated that he was most comfortah le with Alternative 3, but even Chat alternative has some prop terns in that it places same houses on fault lines. Me advised that the location and size of homes is of extreme concern and care should be taken in their placement. Planning Commission Minutes -8- August 22, 198 29 adN Commissiener Rempel stated concerns with some proposed street and lot layouts around the wash and advised that the City should not get into the area of placing homes where landslides would be a problem. He also echoed Mr. Bridge's concern regarding padded lots and stated that the house should fit the io t. He suggested that the pads not be graded or driveways put in until the house is ready ro to built. Regarding drainage, he advised that he would like [o see country roads with catch basins every few hundred feet and no curbs. He stated that his choice would be same hybrid variation of Alternative 3. Commissioner Mc Niel agreed with the concerns expressed and chase Alternai ive 3. Commissioner Chit tea agreed that Alternative 3 was one of the better alternatives in that it considers greenbelts and trails. She stated that she liked the clustering and smaller lots to get cpen space. She disagreed that only single level homes should be built in the area and stated that some split level designs with certain color and landscape palettes could achieve a more ae sihet ically pleasing view than a long linear house. Commissioner Stout stated that he favored Alternative 3 in that it seems to mii ig ate most problems, although it has prob gems also. Further, he would not like to zee the building pads graded flat, but take advantage of natural contours. He advised that the idea of hillside residential lots of 2 net buildable dwelling units per acre came into effect in areas with no problems; however, the overall density of this project would be much less due to the nature of the problems associated with it. He further stated that there are fire concerns which should be addressed and suggeste7 that the aDPlicant work with the Fire District for possible solutions such as fire breaks or the use of certain plant materials. He agreed that hydro Logy is of major concern and that the project has to provide access to the recreational areas. Commissioner Rempel stated that he would prefer to see some method to prevent motorcycles and dune buggies from getting to the hills above this project because the area is not conducive to chase types of vehic ies. Chairman Stout summarized the Cbmmis s ie^.'s direction for inclusion in the EiR to include minimizing the amount of pad grading and have design of structures take advantage of natural terrain whether through built-up foundations or multi-levels; Alternative 3 or some hybrid for Che area plan; hydrology and [he major flooding issue to be addressed by permanent ra trier than temporary measures; and a more definitive look at the fire issue. • + w w . Planning Commissicn Minutes -9- August 22, 1984 +~ 30 ~pa- RESOLUTION N0. £86-9~~R 8S- ~`V~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFFIRMING THE ACTION OF THE PLANNING COMMISSION RESOLUTION N0. 85-69 (PARCEL MAP 9084) WHEREAS, Tentative Parcel Map Numher 9084, submitted by Forecast Mortgage and consisting of 1 parcel and a remainder parcel located north of Almond Street, west of Big Tree Road, being a division of a portion of the southeast 1/2 of Section 17, Township 1 North, Range 7 West, San Bernardino Base and Meridian, County of San Hero and ino, State of California; and WHEREAS, on June 5, 1985, the City Council held a duly advertised public hearing for the above-described map; and WHEREAS, on June 5, 1985, the City Council affirmed Planning Commission Resolution No. 85-69. NOW, THEREFORE, THE RANCHO CUCAMONGA CITY COUNCIL RESOLVED AS FOLLOWS: SECTION 1: That the following findings cannot be made: 1, That the site is physically su ita6le for the • proposed development. 2. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: That Tentative Parcel Map No. 9084 is hereby denied. PASSED, APPROVED, and ADOPTED this 5th day of June, 1985. AYES: NOES: ABSENT: ATTEST: ever y q, Aut a et, ity er • on i e s, Mayor x,86 r1 LJ RESOLUTION N0. EB6-B5=94R d~-`~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVERSING THE RCTION OF THE PLANNING COMMISSION RESOLUTION N0. 95-69 (PARCEL MAP 9084) WHEREAS, Tentative Parcel Map Number 9084, submitted by Forecast Mortgage Corp and consisting of I parcel and a remainder parcel located north of Almond Street, west of Big Tree Road, being a division of a portion of the southeast 1/2 of Section 17, Township 1 North, Range 7 West, San Bernardino Base and Meridian, County of San Bernardino, State of California; and WHEREAS, on June 5, 1985, the City Council held a duly advertised public hearing for the above-described map; and WHEREAS, on June 5, 1985, the City Council reversed the action of Planning Commission Resolution No. 85-69. NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVED AS FOLLOWS: SECTION 1: That the following findings have been made: • 1. That the map is consistent with the General Plan. 2, That the improvei,~ent of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for tha proposed deve iopment. 4, That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: T'~at this project will not create significant adverse en vironment a-T-'i-mpacts and a Negative Declaration is issued on June 5, 1985, SECTION 3; That Tentative Parcei Map No. 9084 is approved subject to the recommen a Conditions of Approval pertaining thereto. PASSED, APPROVED, and AOOP TEO this 5th day of June, 1985. AYES: NOES: ABSENT: on i e s, Mayor ~Q7 n.mv no n , win vn n,~r w ~rtnvr ~ • STAFF REPORT DATE: June 5, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa Win finger, Assistant Planner ~~~ ~~, ~~ <. ~>.. z 1 ~ ~~ r z 2 ro-- I SUBJECT: ENVIRONMENTAL IMPACT REPORT AND APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY GENERAL PLAN IuMENDMENT 84- 3-A - H H INVESTMENT - A request to amend the General P an Land Use Map from Low Density Residential (2-4 du/ac) to Medium Nigh Density Residential (14-24 du/ac) on 13.55 acres of land located on the south side of Feron Bou ievard hetween Turner and Ramona - APN 209-085-02, 03, and 14. • I. BACKGROUND: On September 26, 1984, the Planning Commission considered a request for a General Plan Amendment from Low Density Residential (2-4 du/at) to Medium High Density Residential (i4-24 du/ac) for a 13.5 acre site located on Feron between Turner and Ramona (see Exhibit A). At that time, the Commission expressed serious concerns relative to this amendment and requested that an Environmental Impact Report be prepared should the applicant wish to proceed with the proposal. The Draft EIR was completed in February and the EIR and General Plan Amendment were considered 6y the Planning Commission on April 24, 1985. Based on its review of the EIR and land use compatibility, and General Plan issues, the Planning Commission denied the General Plan Amendment. The applicant has appealed the denial to the City Council. At this meeting, the Council is requested to consider the appeal of the General Plan Amendment denial and to review the Final E[R. II. ENVIRONMENTAL ISSUES: Significant issues identified in the Draft Inc uded and use and aesthetics, noise, hydrology and public services (see attached Planning Commission staff report for detailed discussion). Of these impacts, land use and aesthetics and puDl is services are considered significant adverse impact, which cannot be mitigated. The Final EIR which was distributed to the Council in May incorporates the Draft EIR, comments received regarding the Draft EIR and responses to those comments. One significant change was made to the EIR as a result of these comments. The discussion regarding the impact of the proposed proSect upun public services was changed to note that public service impacts are cumulative in nature, rather than proSect-specific. No other substantive changes were made. ~g8 CITY COUNCIL STAFF REPORT OPA 84-03-A - H & H Investments ,tune 5, 1985 Page 2 • The Planning Comniss ion reviewed the Draft EIR at the Aprii 24, 1985 meeting and considers the report complete and adequate. If the City Council concurs with the Planning Commission and denies the General Plan Amendment, no further action on the EIR is necessary. However, should the Council overturn the denial of the General Plan Amendment and approve the project, certification of the Final EIR would be required. Adoption of a Statement of Overriding Considerations would also be necessary prior to approval of the Amendment. III. GENERAL PLAN AMENDMENT ISSUES: The major issues regarding this request are and use compatibility with existing adjacent development and consistency with the goals and policies of the General Plan. At the April 24, 1985 meeting, the Planning Commission stated that standards exist regarding transitions in density to guarantee neighborhood compatibility and that these standards should be applied equally throughout the City, including this site. The Commission also stated that the proposal would impact the surrounding neighborhood and that the proposed land use is too intense to be compatible with the neighborhood. Based upon review of the applicable General Plan policies and the EIR, the Comniss ion denied the request to . increase the density from 2-4 du/ac to 14-24 du/ac. IV. FACTS FOR FINDINGS: In order to amend the Land Use Element of the Gity's Genera Plan, the approving hody must make the following mandatory findings upon approval. A. The Amendment does not conflict with the land Use Policies of the General Plan. 8, The Amen dnient promotes goals of the Land Use Element. C. The Amendment would not 6e materially injurious to the adjacent properties. V RECOMMENDATIONS: The Planning Commission could not make the required Findings necessary to approve the Amendment. Through its unanimous action, the Commission recommends denial of General Plan Amendment 84-03-A on the basis of conflict with the goals and policies of the City's General Plan. • ~P9 CITY COUNCIL STAFF REPORT GPA 84-03-A - H & H Investments •.'une 5, 1985 Page 3 L Attachments: Exhibit "R" -Vicinity Map Exhibit "8" - Development Districts Map Exhibit "C" -Letter of Appeal Planning Commission Minutes - April 24, 1985 Planning Commission Resolution of Denial Planning Commission Staff Report - April 24, 1985 Planning Commission Staff Report - September 26, 1984 Part II - Initial Study Revised EIR Pages ResPOnses to Comments Letters of Comments Resolution of Denial u U a9~ t f FOOTHILL BLVD. ~r ~ e v ,~e `' o ARROW ROUTE NINTH ST. 26TH 25TH FERO N BLVD. 24TH MAIN ST. 8TH STREET w W Z Project > ' w a a Site w ~ a Z -a m 2 ~ W W = = Q 7 Z J Q U ~ h W U = Q SIXTH ST. FOURTH ST. Source' $ancbex Talaric0 Assoaates . Sanchez talarico VICINITY MAP a~.~:.ia`a GENERAL PLAN AMENDMENT 84-03-A NoeAL~~ CITY OF RANCHO CUCAMONGA exnle~r a a9i • GC L M GC FOOTHILL GC GC M ° L m L w z U L M MH OP M Y w ARROW ROUTE ~ GC o ~ ~ M LM ~ I.S.P. 9TH ~ L ~ M ~~~ I.S.P. i L ~ 6TH Project S te ~ 6TH I.S.P. LM L z W V OL Low Residential MH Medium~High Residential LM Low,Medium Residential GC General Commercial ~M Medium Residential EXISTING DEVELOPMENT DISTRICTS MAP Source: Clty of Rancho Cucamonga OP Office/Professional II.S.P.I Industrial Specific Plan GENERAL PLAN AMENDMENT 84-03-A CITY OF RANCHO CUCAMONGA Sanchez talarico CStiC ;:~ ~~ NO SCALE EXHIBIT $ .~ 91 " Or COHHSCI' JJpS' Arrri 30, 19tl5 Taacr Low'x.a~ 'Ct eaat. O\T.{HIO. CA L~PO R\1.1 `119fi~t^ f. •, 99~~: 3.18 Fir. Otto Krouci. Sdnior Piavter City of Rancnu Cuca:ao.tga RanC:1J C.ICa IO.~y3, CA 91730 Re: 8 ~ H Lwest:aeuts, Ltd. Ganeral Pan A..:endment Ap;,~l icaciou No: d4-03-A Jeai [dr. Kcout i.: OtrER OI~iCCS . _ ES C^.J ' C5 0 5+`~ 3ER w+o, .., E.wlo- ed Plaasa find our check is the a..:ounc of $126.00 cnac p our ceiepnona conversation or At,ril 29, 19d5, I unaerstaud wii. comPi ate a.l reyui[e:,:ant~ for an a~~eal on behalf of H b H Invest.aents, Ltd. of tna Plauniny Co.d;oission determination in Grnaral Plan A.aendnent t7o. 84-03-A co tiie Cicy Cou.:cii. Pleasa adv>,su wit.tin tue '.nee, if anything e'_se need oe done. We looK forward tJ oaar ing icom you with regaed co tna dace of tl;a Council nearing ac your earnest annveaienee. T.taas you for your conciaued courtesy and cooPa ucion. Very truly youcs, TRACY LOWhWU TIBB,\LS A Profess ionu~ Co rao ration l TRACY :J41 t17 'i IdaALS TLT:j.; Enclo$ur.:3 CC: P7r. John HaWKin3 EXHIBIT C • a9 3 • Draft Excerpt -Planning Commission Minutes - April 24, 1965 F. ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT 84-03-A - H&H - A request to amend the General lan land Use Map from Low Density Residential (2-4 du/ac) to Mad ium-High Residential (14-24 du/ac) on 13.55 acres cf land located on the south side of Feron Avenue, between Turner and Ramona - APN 209-OBS-02, 03, 14. (Continued from April 10, 1985 meeting.) Lisa Win roger, Assistant Planner, gave an overview of the EIR and significant impacts associated with the proposed General Plan Amendment. Annette Sanchez, representing the consulting firm of Sanchez, Talarico Environmental Consultants, responded to written comments received on the EIR. Chairman Stout opened the public hearing. Tracy Tibba is, 6286 Moonstone, Rancho Cucamonga, attorney representing the applicant, complimented the consultant for the data contained within the EIR, however, questioned the conclusions regarding land use and aesthetic elements. He stated that the project enhances the City's policies, provides affordable housing and eliminates the need far long commutes. Nacho Gr ac ia, 10364 Humbolt, opposed the project based on its high density and incompatibility with the surrounding area. • There were ne further comments, therefore the public hearing was closed. dames Markman, City Attorney, advised that the Planning Commission would simply be acknowledging the consideration of data contained in the EIR and making a recommendation to the City Council for final derision. Otto Kroutil, Senior Planner, clarified that if the Commission wished to approve the General Plan Amendment, it would recommend app rovai to the City Council. However, if the Commission's decision is to deny the amendment, that decision is final unless appealed to the City Council. Commis5 inner Barker stated that over and over again groups of various Sizes have come before the Commission requesting a continuance of stated policy that transitions in density be provided to guarantee compatibility. Furthar, that he would recommend to the other Commissioner, and the City Council that the same standards be applied to this project in this location as to any other project in any other location of the City. Further, that what this applicant is requesting is to increase the density from 2-4 dwelling units per acre to 14 to 24 dwelling units per acre and piac ing it in the middle of an existing neighborhood. He stated that this proposal would have an immediate effect on the community and is incompatible. a9y - Commissioner Rempel advised that the City is more than adequately meeting • housing needs in a broad band across the City. Further, as supported by the EIR, this is not the right place for this project. Commissioner McNie1 agreed that land use is a problem and stated that this is not the place for 23 units to the acre. Chairman Stout stated that the City has reviewed a number of General Plan Amendment requests and that transition of density has been a major factor in each of those reviews. He advised that this project should be given the same consideration regarding the transition of density as any of the previous requests. Further, that he would recommend that the Commission make the findings that they have considered the EIR and based on that review and additional input, deny the General Plan Amendment request. Motion: Moved by Rempel, seconded 6y Barker, to deny Environmental Assessment and General Plan Amendment 85-03-R, H & H Investments. Motion carried 6y the following vote: AYES: COMMISSIONERS: REMPEL, BARKER, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHIT IEA -carried • • ~ 9s RESOLUTION N0. g8_8g • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 84-03-A - H & H INVESTMENTS 'WHEREAS, the Planning Commission has held a duly advertised public hearing to consider all comments on the proposed General Plan Amendment 84-03- A; and WHEREAS, the Planning Commission reviewed and considered the Draft EIR prepared in conjunction with this Amendment, and considers its content to be adequate. SECTIOrI 1: The Rancho Cucamonga Planning Commission cannot make the following findings: A. The Amendment does not conflict with the land Use Policies of Lhe General Plan. 9. The Amendment promotes goals of the Land Use Element. C. The Amendment would not 6e materially injurious or detrimental to the adjacent properties. • NOW, THEP,E FORE, BE IT RESOLVED, that the Rancho Cucamonga Planning Commission does hereby deny General Plan Amendment 84-03-A. APPROVED AND ADOPTED THIS 24th DAY OF APRIL, 1985. SSION OF THE CITY OF RANCHO CUCAMONGA BY I, Ric Gomez, Deputy Secretary of the Plannine Commission of the City of Rancho ucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted 6y the Manning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of Fpri1, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: REI4P EL, BARKER, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA ~.. a9~ - CITF OF RAA'CHO CL'CAIDIO\GA STAFF REPORT DATE: April 24, 1985 T0: Chairman and Memhers of the Planning Commission FRDM: Rick Gomez, City Planner 8Y: Lisa Win finger, Assistant Planner SUBJECT: ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT 84- 03-A - H & H INVESTMENTS - A request to amend the General P an Land Use Map from Low Density Residential (2-4 du/ac) to Medium High Density Residential (14-24 du/ac) on 13.55 acres of land located on the south side of Feron Boulevard between Turner and Ramona - APN 209-085-02, 03, and 14. I. ABSTRACT: The applicant requested a General Plan Amendment from Low Density Residential to Medium High Density Residential for a i3.5 acre site on Feron Boulevard between Turner and Ramona. After determination by the Planning Commission that the project could create adverse environmental impacts, an Environmental Impact Report was prepared, which identified significant impacts in the areas of land use, noise, hydrology and public services. In addition, six alternatives to the proposed project were discussed. At this meeting, the Planning Commission will make a finding regarding the adequacy of the EIR and, based upon the EIR and public input, will consider the General Plan Amendment. II. BACKGROUND: On September 26, 1984, the Planning Commission considered a request for a General Plan Amendment from Low Density Residential (2-4 du/ac) to Medium High Density Residential (14-24 du/ac) for a 13.5 acre site located on the south side of Feron Boulevard between Turner and Ramona (see Exhihit A), The attached staff report fully describes the existfng site conditions, General Plan and Development District designations. Should the General Plan Amendment be approved, the applicant plans to develop a project consisting of 316 condominium units at an approximate density of 23 units per acre. Based on the findings of the Initial Study, the preparation of an Environmental Impact Report was required by the Commission with the following areas to be discussed: hydrology; population; socioeconomic factors; land use and planning considerations; traffic; recreation; health, safety and nuisance factors; and utilities and public services. 297 ITEM F c PLANNING COMMiSS:ON STAFF REPORT General Plan Amendment 84-03-A April 10, 1985 • Paqe 2 The Commission also requested that the following project alternatives be discussed: Low Medium Density Residential, Medium Density Residential, Mixed Use, and a Residential/Park alternative. Preparation of the Draft EIR was initiated in November and completed and distributed for 30 day public review in February. III. ENVIRONMENTAL ANALYSIS: The Draft EIR which was distributed to the Planning Commission in March discusses possible impacts and mitigation measures in the following topic areas: land use and aesthetics; population and socioeconomics; parks and recreation; transportation/circulation; noise; hydrology; public services/utilities; public safety; air quality; earth resources; and cultural resources. Each of these areas are discussed in the EIR text and outlined in the General Summary at the beginning of the document. Of these areas, land use and aesthetics, noise, hydrology, and public services/safety were identified as significant impacts. This report provides a brief discussion of these impacts and mitigation measures proposed, if any, and project alternatives. For additional details, please consult the • Draft EIR. A. IMPACTS Land Use and Aesthetics. The Draft EIR concludes that the proposed project is inconsistent with the goals and policies of the General Plan regarding siting of Medium Nigh Density projects and compatibility with existing residential neighborhoods. These criteria include siting of Medium High Density projects along major thoroughfares, close to transit facilities or near community facilities. in addition, Lhe proposed General Plan Amendment would result in a density which is incompatible with the surrounding area. The Draft EIR states that the proposed land use change represents a significant adverse environmental impact which cannot be mitigated adequately. Noise. The project site will be significantly impacted by noise generated from the railroad right-of-way on its southern property line, exposing residents of proposed projects to unacceptable leve l5 of noise and vibration. However, the Draft EIR does discuss mitigation measures which will reduce the significance of this impact to an acceptable level. These measures include sound attenuation barriers, building material and orientation, site planning, and specialized acoustical studies. These measures could 6e incorporated throughout the project review and building permit processes to reduce noise impacts to an acceptable level. a98 C C PLANNING COMMISSION STAFF REPORT General Plan Amendment 84-03-A April 10, 1985 Page 3 • Hydrology. The project site is identified in the Draft EIR as subject to 100 year flooding in addition to periodic inundation due to lack of storm drains in the project area. In order to adequately mitigate this problem, it would 6e the responsibility of the developer to construct on-site drainage facilities as required by the City Engineer in addition to substantial off-site drainage facilities required by the project improvements. Construction of these facilities would mitigate the impacts to an acceptable level, but would require a major investment to 6e borne 6y the developer. P u61ic Services/Utilities/Public Safety. The proposed pro,7 ect will result in an increased demand far public services, utilities, and public safety provision. At present, police, fire and school services are operating at or exceeding capacity. Thus, residents of the proposed project could be significantly impacted by • reduced levels of service in these three areas. Although mitigation measures are proposed in the Draft E[R which could, to same extent, mitigate a portion of this impact, it is not possible at the project level to mitigate the impacts in the areas of police, fire and school services to a level of insignificance. 8. ALTERNATIVES TO THE PROPOSED PRO,)ECT: In accordance with [he requirements of the Ca i ornia Environmental Quality Act, and at the request of the Planning Commission, siz alternatives to the proposed project were considered in the Draft E[R (see summary on pages 103 and 104). The alternatives are: No Oevelopmen t; No Project; Low Medium Density; Medium Density; Mixed Use; and Residential/Park Those alternatives which appear to 6e feasible for development with minimal and acceptable environmental impact are the No Project (Low Density Residential) and the Low Medium Density Residential alternatives. No Project. The No Project alternative would continue the current General Plan designation of Low Density Residential of the project site. Development of the project site at the Low Density range would be fully . compatible with the surrounding neighborhood. Only the impacts in the areas of Public Safety/Services would not be fully mitigated. ~9~ PLANNING COh1MISSION STAi~ 2EPORT General Plan Amendment R4-03-A April 10, 1985 Page 4 u Lew Medium Density. The Low Medium Density alternative represents a slight increase in allowable dwelling units over the existing Low Density Residential designation. However, this density is within the range which is compatible with existing surrounding development. As with the No Project alternative, the only impact which could not be fully mitigated by development in the Low Medium Density range is that of Public Services/Safety, in the areas of schools, police, and fire protection. The remaining alternatives (NO Development, Medium Density, Mixed Use, and Residential/Park) represent significant levels of impact and/or are infeasible for future development in terms of site design and economic viability. C. EIR ADEQUACY Based on staff review of the Draft EIR, the document appears complete in its review of the environmental impacts of the proposed General Plan Amendment and is in compliance with CEQA requirements. All of the items identified in the • Initial Study as potentially impactive have been discussed fully. In addition, the discussion of alternatives exceeds the requirements of state law and provides a useful basis of comparison with the proposed project. The Draft EIR has been circulated to agencies and citizens and, as yet, no comments regarding its content have been received. Therefore, staff feels that preliminary approval of the EIR adequacy is appropriate. Should the General Plan Amendment be approved or if it is denied and appealed to the Lity Council, formal certification of a Final EIR by the City Council will be required. IV. GE!IERAL PLAN AMENDMENT ANALYSIS• The major issues regarding this request are land use compatibility with existing adjacent development and consistency with the goals and policies of the General Plan. The other significant environmental issues of noise, hydrology and public services must also be considered. It is clearly stated in the EIR that the proposed Medium High Density would be incompatible with existing residential development and would be inappropriately located in the center of a single family residential neighborhood, with no direct access from a major thoroughfare. Designation of the property in the Medium High category could allow up to 24 du/acre adjacent to development averaging approximately 6 du/ac and in places as law as 2-4 du/acre. The location of this project is inconsistent with goals and policies of the General Plan regarding siting of 3po C ~ PLANNING COMMISSION STAFF REPORT General Plan Amendment 84-03-A April 10, 1985 Page 5 medium high density projects and preservation of existing neighborhoods. Development of a Medium-High density project would have a significant impact on the trend of future development in the Northtown area. In terms of additional environmental issues, noise and hydrology represent areas which can be mitigated through capital improvements and specialized construction techniques Financed by the developer. However, Dol ice, fire and school services are currently operating at or above capacity and it is unlikely that there is any way to mitigate these effects completely at the project level, creating a potential public safety hazard for project residents and reducing the level of service to other members of the community as well. • Based on the issues discussed above, it is clear that the proposed General Plan Amendment is inappropriate far the project site. Of the alternatives discussed in the E1R, only the L~w- Medium Density appears to 6e an acceptable alternative to the proposed General Plan Amendment. Any further increase in • residential density could severely impact the existing neighborhood and represent inconsistencies with the General Plan. FACTS FOR FINDINGS: Should the Commission upon examination of the General Plan Amendment, decide that the change from Low Density Residential would promote the land use goals and purposes of the General Plan, and that this Amendment would not be materially injurious to the adjacent properties the fallowing are the findings that are necessary on approval: A. The Amendment does not conflict with the Land Use Pol icf es of the General Plan. B. The Amendment promotes goals of the Land Use Element. C. The Amendment would not be materially injurious to the adjacent properties. In addition, a Statement of Dverrid ing Considerations would be required prior to approval of the amendment. VI. CORRESPONOE NCE: This item has been advertised as a public hearing in The Daily Report newspaper and notices Were sent to an expanded notification area including all property owners within 300 feet of the boundary of the proposed project, in addition to other interested property owners in the area. To date, no • correspondence has keen received. ~o/ C C PLANNING COMMISSION STAFF REPORT General Plan Amendment 84-03-A April 10, 1985 • Page 6 VII. OPTIONS: At this time, the Planning Commission has several options regarding disposition of the General Plan Amendment request. They are: 1. Approve the General Plan Amendment as proposed. 2. Deny the General Plan Amendment. 3. If the Commission feels that additional issues may be resolved, continue item to next possible Commission agenda. Note: At this time, the Commis5 ion does not have the opiion of adopting an alternative from those discussed above. Anew General Plan Amendment would be required to be initiated either by the City or the applicant should this request be denied. The Commission may wish to discuss alternatives at this time to provide further direction to staff and the applicant. • VIII. RECOMMENDATION: Based on the analysis presented in the EIR and this report, staff recommends denial of the General ' Pian Amendment on the grounds that the required facts for finding cannot be met. Should the Commission concur with staff rec onmendations, approval of the attached Resolution denying GPA 84-03-A would lie appropriate. Respectfu ubmitted, rI/a , ~~~ . is ome Ci ner RG:LW:ns Attachments: Exhibit "A" - Vicinity Map September 26, 1984 Staff Report Resolution of Denial 301 nrmv no n n vnvn n, n~...nvn , u • _ __ ____ _ _ ___._._. _._ STAFF REPORT Lc,,,,..~,~ ~~~ ~ ~ . x DATE: September 26, 1984 -- iac T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Lisa Win finger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMEN T 84-03- - H & H INVESTM NTS - A request to amend the General P an land Use ap from Low Density Residential (2- 4 du/ac) to Medium-High Residential (14-24 du/ac) on 13.55 acres of land located on the south side of Feron Avenue, hetween Turner and Ramona - APN 209-085-02, 03, 14. I. ABSTRACT: A General Plan amendment is requested for a multi-family project in the North Town neighhorhood of Rancho Cucamonga. The requested change is from Low Density Residential to Medium High Density Residential. The Initial Study prepared by staff outlines several concerns which could be of significant environmental impact. The Commission will determine if an Environmental Impact Report is required and, if sd, what the scope of the environmental assessment should be directed toward. I1. BACKGROUND: The project applicant, H & H Investments, intends to build a residential project consisting of 316 condominium units on a 13.55 acre site in the North Town area. The proposed project would have a density of approximately 23 units per acre. The current General Plan and Development Df strict designations do not permit the proposed density. Consequently, a General Plan amendment is requested to change the current Low Density Residential designation (2-4 du/ac) to Medium High Density Residential (14-24 du/ac). The purpose of this meeting is to determine the environmental impacts of the proposed General Plan amendment. III. PROJECT AND SITE DESCRIPTION: A. Action Re nested: Review of the Initial Study to determine the scope o an nvironmental Impact Report for this project. 0. Purpose: Approval of a General Plan amendment from Low Density Residential to Medium High Donsity Residential C. Location: South of Feron Boulevard, east of Ramona D. Parcel Size: 13.55 acres 3o.J PLANNING COMMISS STAFF REPORT General Plan Amen~ent 94-03-A September 26, 1984 Page 3 • B. Initial Study: The completed Initial Study is attached for your review and consideration. Part I has been completed by the applicant and comments from Foothill Fire Protection District and the County of San Bernardino Sheriff's Department are attached to the Initial Study. Part i[ includes the environmental checklist and staff analysis of the environmental concerns. These concerns include: hydrology; population; socio-economic factors; land use and plannir considerations; traffic; recreation; health, safety and nuisance factors; and, utilities and public services, as outlined below. Hydroloq.y: This project lies at the terminus of a drainage channel which drains onto the project site, surrounding properties, and streets. The project site is located within a 100-year flood plain per Figure V-5 of the General Plan, and is potentially subject to a 1-foot depth flooding. Construction could have a significant effect on the drainage patterns and the rate and amount of surface water runoff. A drainage study is necessary to analyze the impact of the existing flooding condition on the project site and the impact that construction of this project would have upon the surrounding area. Population: This project is located within a predominately • residential area characterized by older small single family residences. This proposal would result in construction of 316 units at approximately 23 dwelling units per acre. This is a considerable increase which would have many impacts related to land use compatibility, socio-economic factors, circulation, public service capacity levels, etc. Socio-Economic Factors: This proposal will result in construction of new dwelling units with a tentative price of $75,000. This project may have significant impacts with regard to the local soc io-economic characteristics, including economic diversity, tax rate, and property value. A marketing/housing study should be prepared which analyzes the impact of the construction of this project upon these characteristics. land Use and Plannin Considerations: The project site is central y located within a predominately single family neighborhood. This proposal would change the General Plan Land use designation and zon iny from Low Residential (2-4 du/ac) to Medium-High Residential (14-24 du/ac). This proposal would result in the construction of 2-story multi-family units; whereas the surrounding neighborhood is predominately single story, single family residences. Therefore, this proposal will substantially alter the present and planned land uses. An analysis should be prepared of the land holding capacity of the • site and the compatibility of higher density, multi-story residential units adjacent to single family residences. 3oY PLANNING COMMISSI%" STAFF REPORT General Plan Amen ent 84-03-A l September 26, 1984 Page 2 E. Exist inq Development District: Low Density Residential f. Ex ist inq Land Use: Vacant G. General Plan Designations: Project Site - Low Density Residential North - Low Density Residential South - General Industrial East -Low Density Residential West -Low Density Residential H, Su rroundin Land Use and Deve to ment District: North - un icr High shoo Low Density Residential) South -AT&SF Right-of-way and Winery (Industrial Specific Plan) East -Single Family Homes (Low Density Residential) West -Single Family Homes (Low Density Residential) i. Site Characteristics: The Droj ect site lies at the terminus of a drainage channel. The site is located within a 100-year • flood plain and a small drainage course traverses the site in a north-south direction. Vegetation consists of a row of trees along Feron Boulevard, scattered trees throughout the site, and assorted grasses and weeds. Feron Boulevard and Main Street provide direct access to the north and west boundaries of the site. IV. ANALYSIS: A. General: The California Environmental Quality Act requires that whenever there is substantial evidence that a significant impact may occur, an Environmental Impact Report must be prepared. The intent of the law is to provide full public disclosure and allow full and complete consideration of all environmental impacts. Informed decisions can then 6e made which consider project alternatives and mitigation measures to lessen potential impacts to an acceptable level. Staff feels that the requested General Plan amendment could result in significant impacts to the scope of future development, the character of the area and the socio-economic composition of the existing community and other impacts. These concerns are outlined in detafl in the Initial Study. 3~S PLANNING COMMISSIYY STAFF REPORT /' General Plan Amenb....:nt 34-03-A l September 26, 1984 Page 4 `J Transportation: Based upon the trip-end generation rates used in the City-wide traffic model, this project would result in 2,500 daily vehicle trips. This compares to a total 648 daily vehicle trips under the maximum allowable density in the existing Low Residential Oeve lopment District and General Plan designations. This project could significantly affect the existing streets and create a demand for new construction or widening of existing streets. A traffic study should be prepared that analyzes the impact of this project upon the existing street system. The project site is located across the street from a public junior high schooi and along a school route for children walking to the nearby elementary school. This proposal could increase traffic hazards to motor vehicles, bicylcists, or pedestrians. Health Safet and Nuisance Factors: This proposal could create potentia traf x hazards to motor vehicles, bicylists, or pedestrians. The project site is located within an area characterized by high crime rate associated with juvenile gang • activity. In addition, the adjacent railroad line which carries freight and passenger traffic generates periods of high noise levels. The project site is located in an area with existing and future noise contours of 60 to 65 Ldn per Figures V-1 and V-8 of the General Plan. Utilities and Public Services: This proposal may require significant new construction or alteration to existing flood control structures to accept and divert water from the existing channel to the north that drains onto the project site and floods surroundf ng streets and properties. This proposal will result in construction of 316 condominium units that could generate students which could create a significant need for new school facilities or alterations to existing school facilities. This propesz~ will generate substantial increases io traffic volumes on streets in the area that could have a significant need far additional road maintenance. Mandatory Findings of Significance Based upon the completion of the Initial Study, Part II - Environmental Checklist, and the comments above, this proposal • may have the potential to degrade the quality of the environment. In addition, this proposal could have significant impacts regarding the potential to ach teve short-term 3oG . CI :^! qF RA\CHO CL'C.v`!ONCA PART II - INIrIAl 57f: D'.' ENVIRO\?~NTAL CHEC:~LIS' C FiLINC DATE: -3~//~~ LOG NL'~T3E3: Paorcr: (~Q~ ~3?-o3 'R P?O, ECr LOCATIO\: 5/5 Ff/6Y/ ~^?~7/<l?~ (ky-/'1')"1'1a ~ ri/~l DL~t_ I. e~z~tao~~r:r.;L r~ACrs (E:<p lanation of all "yes" and "maybe" ansuezs are required on attached shee cs). YES M41'HE N~ v • 1. Soils and Gecloev. M'i 11 the proposal have signif icanC resul[s in: a. Ilnsta6 ie ground conditions or in Charges in geologic relationships? b. Disruptions, displacements. compaction or burial of the soil? 1( c. Change Sn topography or ground surface contour intervals? d. The destruction, covering or modiflca [fon of any unique geolog lc or physical features? X e. My potential increase Sn uind or uacez erosion of soils, affecting either on or of: site condica,-s? ~ ~ f. Changes Sn erosion sil cat io n, or deposi[ion? ~( g, Exposure of people or prop eCCy to geologic hazards such as earthquakes, landslld es, mud- slides, ground Eallure, or 51mllar hazards? h. M inc Lease in the rate of excractlon and/or ® use of any mineral resource? X 2. Hyd rologv. Gill the proposal have slgniflcant results in: -~ 90 7 c ~ a. Changes in currents, or the course of direction of flowing stiea¢s, rivers, or ephemeral s[r eam channels? b. Changes in absorption races, drainage patterns, or the race and amount o° surface vacer nno f f? c. Alterations co the course oz flow of flood eaters? d. Change in the amount of su:face vacer in am• body of vacer? e, Discharge Snto surface voters, or any alteration of surface vacer quality? f. Alce ration of groundvaier chatatteris[ics? g. Change in [he quantity of groundvaters, either through direct additions or vSCh- dravals, or through interference with an aquifer? Quality? Quantity? h. The reduce ion in [he amount of vacer ocher- vise available for public vacer supplies? 1. Exposure of people or property co vacer zela ced hazards such as flooding or se fiches? 3. Air Oualitv. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or indirect sources? Stationary sources? b. Deterioration of amb lent air quality and/or Snterf erence with the attalr~enc of applicable air quality standards? c. Alteration of local or regional cliaaclc conditions, affec[!ng ai: movement, mo is tu:e or cempe racure? 4. Blo[a Flora. Will Che proposal have sign if Scan[ results in: e. Change Sn the characceriscics of spec Ses, including diversity, discr l6u [ion, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered sp ec lee of planes? aoa p,ge ~ • JL x `;1 / • _ __ Y/ . ~ X / / Fa za 3 c. Incroduc lion of new or dlsrupelve species of ~ plants into an area? U' d. Reduction in the potential :for agricultural produce ion? i _. ~ i Fauna. ':ill the proposal have s:gnif leant results in: a. Change in the characcerls[ics of species, ir.c'_ud ing diversity, distr ibuCion, or numbers of any species of animals? b. Reduction of the numb e:s of any unique, rare or endangered sped es of animals^. _~ c. Introduction of new or disrsp Give species eE animals into an azea, or result in a barzier f l ? i / an aa s to [he migration or movement o .Y _ d. Deter oration or reaoval of existing Eish or ? f b i cac e ha wildli __ a~ 5. Ponuiation. Will the proposal have significant results m: a. Will the proposal alter the to cation, distri- • bution, density, diversity, or grcwch rate of e ? f i ~ an ar a on o Che huaan populat - _ b. Will the proposal of Eect existing housfng, or create a demand for additional housing? _ 6. Son io-eco^,oaic Factors. Will the proposal have significant results in: a. Change in local or regional se do-econoaic characteristics, induding econoaic er commercial diversity, tax race, and proper cy values? ~ -- - b. Will project costs be equitah ly d•:s tr ibu led among project beneficiaries, i. e., buyers, tax payers of proj etc users'. _ _._ ~ 7. Land Cse and Plann inz Considerac is rs. t7 ill the proposal have significant results in'. A substantial alteration of the present or a . planned land use of an area? ~ _._.~ b. A conflict with any des Sgnacions, objectives, policies, or adopted plans of any governmental j c. M Smpact upon the qulalty or quantity of exlst~ng consumptive or non-tonsumpilvr / recreaticnal oppnrtunttie s? __ - 905 C C Page yrg a••;_; 770 g. Transnortar On. Hill thn proposal have si3n if is ant • resin cs in: a. Ceneratioc of sub st an[ial addlclonal vehicular movement? ~/ b. Effeccs on existing streets, or de=and for new scree[ construction? ~ J c. Effeccs on esis N_ng parking facilities, or de: and for neu parking' d. Substantial Smpacc open existing tzanspe rca- tion Systems' ~ - e. Al teratlons Co present pa [terns of circula- tion or movement of people and/or goods? i~ f. Alterations [o or effects on present and potential eater-borne, rail, vass transit or ffi i f a r tra c? g. Increases in traffic hazards Co motor vehicles, b ic;:clis [s or pedes crians? ~ 9. Cultural Resources. Gill [he proposal have signif icaac results in; • a. A disturbance to tie inte 3rity of arc..*.aeological, paleoncological, and/or historical resources? - 30. Health. Saf etv, and luisance Fac :ors. Wi11 the proposal have significant results in: a. Creation of any health hazard or po teneial health hazard? / / _ b. Ezposu re of people co potential heal[`: hazards? c. A risk of explosion or release of hazardous subscanc es Sn the event of an accid enc? d, M lncrease Sn the number of Lnd i•.~iduals or species of vector of pachenogen is organisms or tF.e exposure of people co such / organisms? _ / e. Inc tease Sn exlsCing noise levels', / ,/ f. Exposure of people to po cencially dangerous noise levels? ~ _ _ • g. The creation of ob~ectlonable odors? _ _- h. M increase Sn light or glare? ..` __ 3/m Page 5 YES >'_41'3° \O 11. Aeschetlcs. Will the proposal have si gnlf icanc • results Sn: a. The ob scrut Lion or degradation of any scenic vista nr vlev? / ' b. The creation of an aes thec icaL'y offensive site? ij c. A conf lice vith the objective of designated or pocen cial scenic corridors? 1?. Ucil hies and Public Services. Will the proposal have a sigcifican[ need for nev syscevs, or alterations to the following: a. Electric pever? j b. ga[uzal or packaged gas? / c. Communications systems? d. Water supply? ,~ e, Wastewater facilities? ~ • f. Flood control structures? g. $o lid waste facilities? h. Fire protection^. JL i. Police protection? ~l __ _ ~. Schools'! k. Parks or other recreational Eac ilities? ~/ 1. Maintenance of public facilities, including roads and flood control facilities? ~ - m. Other governmental aervices? i 13. Enere_v and Srarce Resources. Will the proposal have slgnif icanc results in: a. L'se of subs [antial or excessive fuel or energy? b, Subs can[ial Snt rease in demand upon existing sources of energy? c. M increase in the demand Eor development of nev sources of energy? d. M Sncr ease or perpetuation of the consume [ion / of non-renevable forms of energy, when Eeasih le / renevable sources of energy are available? - ,/ - 3// c c Fa ge 5 e. Substanclal depletion of any nonrenewable or scarce natural resource? 14. Mandacorv FSnd inns of Sf¢^if Stan a. Does the project have the pot eni!al to degrade the quality of the environment, subscanclally reduce the habitat Of fish or wildlife species, cause a fish or vildlife population to drop below self sus Gaining levels, threaten co eliminate a plan[ or animal communl[y, reduce [he number or restrict the range of a rare or endangered plant or animal or elimina ce Smporcant examples of Che major periods of California his Gory or prehistory? xTs "'AVg~ .o - - -_, / 6. Does Che project have the potential [o achieve shore-cerv, m the disadvantage of long-ce rm, environmental goals? (A shore-c etm impact on the environment is one which occurs 1n a relatively brief, def Snit ive period of time while long- term impacts will endure well in co the future). c. Does [he project have impacts which are lndiv idual l)• limited, 6uc cumulatively considerable? (Cu.:,ulac Svely considerable • means [hat the incremental effects of an lnd iv idual project are considerable when viewed in connection with [he effects of pas[ projects, ~ - and probable future proj ec cs), d. Does the project have environmental effects which will cause substantial adverse effects on human beings, etcher directly or Sndireccly? II. DISCL'SSI0:7 OF E~TIROS`.ff`;TAi EVALCAT. IO.V (i.e., of affiracive answers co the above questions plus a discussion of proposed vicigat ion measures). ~eA al~cGud, r~ 3/> ` f 2a3e i -s, IIi. DE:_ET!I:L4T1^:: • On the basis of this Snltial evaluation: I find the proposed project COCLD ti0T have a signif icant of .'ect ^ on the en¢ironmenc, and a FEGATIOE DECL: 24IIOS will be prepared. I find chat al thoug;t [he proposed project could have a significant e:fec: on the env irocv.enc, [here will noc be a signif icanr eifecc 1~ in this case because the micigacion measures descriS ed on an aicached sheet have been added to [he project. A SECATII~ DECIA.RATIO\ GILL BE PREPARED. ~~ Z find :he proposed project NA`. I /~ ! envir:uen:, and an ESTIRO\:.:.SS Date `:,~~ /~/~Q ~J _: 3l3 ~ C • INITIAL ST'J GY PART II - GPA d4-03 H vdroloa v: (b) (c) (e) (i) - This project lies at the terminus of a drainage channel which carries water from a drainage area of approximately 620 acres, as shown on the attached exhibit. Runoff from this channel presently drains onto Feron Boulevard and floods the project site, surrounding properties, and streets. A small drainage course traverses the site in a north/south direction. The project site is located within a 100-year flood plain per Figure V-6 of the General Plan, and is potentially subject to a 1-foot depth flooding. Construction could have a significant effect on the drainage patterns and the rate and amount of surface water runoff. Further, this project could expose property to flood hazards. A drainage study is necessary to analyze the impact of the existing flooding condition on the project site and the impact that construction of this project would have upon the surrounding area. Specifically, the drainage study should propose mitigation measures. The study should also analyze drainage impacts if the City's Master Plan of Storm Orain system is not installed prior to construction of this project. 5. Population (a) (b) -This project is located within a predomiately • residential area characterized 6y older small single family residences. This proposal would result in construction of 316 units a[ approximately 23 dwelling units per acre. This is a considerable increase which would have many impacts related to land use compatibility, soc in-economic factors, circulation, public servive capacity levels, etc. Construction of this project could significantly alter the iocation, distribution, density, diversity and growth rate of the population of the area. Socio-Economic Factors a This propo sa wi 1 result in construction of new dwelling units with a tentative price of $75,000. The residents of the surrounding neighborhood have historically expressed a desire for construction of affordable housing for low and moderate income families. This project may have significant impacts with regard to the local socio- economic characteristics, including economic diversity, tax rate, and property value. A marketing/housing study should be prepared which analyzes the impact of the construction of this project upon these characteristics. 1. land Use anA 'l annino Considerations - The project site is centrally located within a predominately single family neighborhood. This proposal would change the general plan land use designation and zoning from Low Residential (2-4 du/ac) to Medium-High Residentail (14-24 du/ac). This proposal would result in the construction of 2-story condominiums, • whereas, the surrounding neighborhood is predominately single story single family residences. Therefore, this proposal will substantially alter the 3/ Y inl`i31 $t L'dy ?d~ i General Plan Amen-sent 94 -03 ` Page? \J present and planned land uses. An analysis should be prepared of the land holding cap at icy of the site and the compatibility of hig'n er density, multi->*.pry residential units adjacent to single family residences. 9. Tr anso ortatian (a) (b) (c) (d) (g) - This proposal would result in cpnstracion of 316 dwelling units that will generate substantial additional vehicular and pedestrian movement. Based upon the trip-end generation rates used in the Citywide traffic model, this project would result in 2,100 daily vehicle trips. This compares to a total 649 daily vehicle trips under the maximum allowable density in the existing Lgw Residential zoning and General Plan designations. The area surrounding project site and the street system were planned for low density residentail uses. Ramona and Feron are designated on the City's Master Plan of Circulation as collector streets with a one-way capacity of 600 vehicles per hour. Turner Avenue is planned as a secondary street with a one-way capacity of 1150 to 130C vehicles per hour. Therefore, this project could significantly effect the existing streets and create a demand for new construction or widening of existing streets. A traffic study should be prepared that analyzes the impact of this project upon the existing street system. Th :s traffic study should take into account the approximately 450 dwelling units approved within a quarter mile radius pn • Feron and Turner and potential peak morning hour traffic cgnflicts with the adjacent school. The project sit=_ is located across Che street from a public junior high school and along a school route for children walking to the nearby elementary school. This proposal could increase traffic hazards to motor vehicles, bicyclists or pedestrians. The traffic study should pr oppse potential mitigation measures for these hazards. 10. Health. Safet and Nuisance factors a This Droposal could create potential traffic hazards to motor vehicles, bicylists, or pedestrians as discussed under ~8. (b) The project site is located within an area characterized by high crime rate associated with juvenile gang activity. This proposal could exg ose a large number of persons, to potential theft, vandalism, and life-threatening situations. (e) (f) Proposal would result in short-term increases in noise levels because of construction activity. In additipn, the adjacent railroad line which carries freight and passenger traffic generates periods of high no ice levels. The prof er.t site is located in an area with existing and future no ice contours of 60 to 66 Ldn per Figures V-1 and V-8 of the General Plan. The General Plan designates the Droj ect site as "conditionally acceptable" far residential uses subject to a detailed analysis of noise reduction requirements. Necessary noise insulation ~~ features determined as a result of this analysis should be included in the project design. 3/S initial Stucy Par I General Plan Amen ~•ient 34-03 Page3 • 12. Utilities and Public Services f This proposa may require significant new construction or alteration to existing flood control structures to accept and divert water from the existing channel to the north that drains onto the project site and floods surrounding streets and properties. The City~s adopted Master Plan of Storm Grains calls for the construction of a storm drain connection to the existing channel to the north that would continue south to the railroad tracks and westerly to Archibald Avenue. Presently, there are no drainage easements or agreements for the construction of this storm drain out to Arch ihald Avenue. (h) The impact of this proposal upon the need fer new fire protection systems or alterations to existing services is unknown at this *ime. (i) This proposal could significantly effeett the need for additional police protection services for public safety (see discussion under 10 b). (j) This proposal will result in construction of 316 condominium units that could generate students which could create significant need for new school facilities or alterations to ex ist inq school facilities. (1) This proposal will generate substantial increases in traffic volumes • on streets in the area that could have a significant need for additional road maintenance. 14. Mandator Findings of Sianif icance - The California Environmental Quality Act CE~A requires the City to disclose, consider, and when ponsihle, avoid or reduce significant environmental impacts. The City is required to review whether this proposal will have significant impacts upon the environment. If there is substantial evidence that this proposal may have a significant effect on the environment, the City must require the preparation .,f an Environmental Impact Report. Further, if there is any doubt, or if there is disagreement between experts over the significance of an effect on the environment, the City shall consider the effect as significant and require the preparation of an Environmental Impact Report (EIR). Where any of the conditions listed below occur, the City shall find that a project may have a significant effect on the environment and thereby require an EIR. Based upon the completion of the Initial Study - Part [I Environmental Checklist and the comments above, this proposal may have the potential to degrade the quality of the environment. In add itfon, this proposal could have significant impacts regarding the potential to achieve short-term to the disadvantage of long-term environmental goals. The propsal could have significant impacts which are individually limited, but cumulatively considerable when viewed in connection with past projects, the effects of other current projects, and the effects of probable future projects. This proposal could cause substantial adverse effects on human • beings either directly or indirectly. J/4 FOt,tHILL FIRE PROTECTION DI51'RICT P. O. Bo< 35 66'?3 Amethyst Street Rancho Cucamonga, CA. 91101 (7l4) 981-2535 April 5, 1984 Dan Coleman Associate Planner City of Rancho Cucamonga PO Box 807 Rancho Cucamonga, CA 91730 Reference: Impact of Project 84-03 ,• ~... .. `~''i ;' v is ~li4;1i;-~7i~<~:;~~~~~y~ This project will have a significant impact on the Fire District's ability to provide adequate servic-e. It is estimated that the proposed project will generate an additional 49 alarms annually. More information on the project is needed to determine if mitigation measures must be taken. Si cerely, i Jim W. Bowman ' Fire Marshal mhm 3~~ ~,~TER-OFFICE ME~,O :=_; DATE Nprii 2, 198, FROM John A. Futscher, Captain Rancho Cucamonga Sheriff's Station TO Dar. Coler.,an, Associate PLanner C itp o_` Ra^.cho Cucamonga =~-~ :n:.,. PHONE,. I,.,'^, ~'~, ,,~, :-~:~•;T CEPT' r ~'~ F li 6 i389 \ n:; fN \~ SUBJECT pROpOSED GENERAL PLA:i AD1E:;DMENT 84-03 A.ID ZOSE CHANGE - HYATT PROPERT: Our Crime Prevention Unit has examined the proposed project for the south side of Feron between Turner and Ramona. Zt is our finding that, while there is no factual basis upon which to ask for a Negative Declaration, we do anticipate a demand for increased police services if the project is approved. Our experience indicates that there will be a higher degree of domestic and neighborhood-type disturbances in a medium to high density area than in a low density area. This is generally attrib- utable to the restricted privacy afforded in medium to high density housing. In addition, the project's geographical proximity to the home of o most active street gang, would result in a need to increase patro~ the area to prevent the senior c:.tizens from falling prey to that criminal element associated with street gangs and to afford them some degree of freedom from intimidation by their mere presence. Jr. : amh • Ibtl6)~00p Nb. 1Al 3/8 Screencheck Submitted: February 8, 1985 Drafc EIR Suhmitt ed: February 27, 1985 Draft Final Rubaicced: May 17, 1985 Final EIR Submitted: GRAFT F,NVIRONMENTAL IMPACT REPORT GENERAL PLAN A.~NDMENT GPA 84-03-A RANCHO CUCAMONGA, CA SCH RB4100806 • EIR PREPARED FOR: CITY OF RANCHO CUCAMONGA 9320 BASELINE ROAD P.O. BOX 807 RANCHO CUCeLMONGA, CA 91730 EIR PREPARED BY: SANCNEZ TALARICO ASSOCIATES 359 SAN MIGUF.L DRIVE, SUITE 200 NENPORT BEACH, CA 92660 MAY 1985 3/9 68 (Revised) PUBLIC SERVICES/UTILITIES/PUBLIC SAFF,TY SETTING • The proj ec[ will be served by several agencies. These agencies were contacted for information regarding current service levels and anticipated cunst ra in [s on providing service to the proposed project. pppendis N of this report contains corresponde nce from applicable agencies. Fire Protection Services The project site lies within fire and emergency fined ical service boundaries of the Foothill Fire Protection District. Stations serving [he site include S[a[ton I, fi627 Ame[hys[ Street (4-1/2 miles from Che si [e) with one three-man engine and one two-man squad; Station II, 9612 San Bernardino Road (2-1/2 miles f•om the site), and St a[Son LI I, I288R Baseline Road (5 miles from the site), both with one three-man engine. Response times are six minutes, four minutes, and seven minutes, respectively. Law Enforcement Rancho Cucamonga is currently served 6y [he Fancho Cucamonga substation of • she San Bernardino County Sheriff's Deparcme nt, located at 9337 Minch Street. The response time to the site is about one minute, served by ro uttne patrol. Acco rdt ng to a 1985 study by the Rancho Cucamonga County Sheriff's Office on crime conditions in the area, the statistics lis [ed inable 0 are shown Eor the North Town neighborhood and City of Rancho Cucamonga. As analyzed by [he She ri Ef's Office the North Town neighborhood is defined as the residential area between Maven Avenue and Archibald Avenue and from the homes just south of 8th S[ree[ extending north [0 26th S[ree[ (excluding [he Discovery townhome project on Archibald and Feron Boulevard). The feem-nree-from-ehe-seedy-exlcode-from-Heren-Arenee-ee-Arehfbe}d-Arenne-end frem-49th-Sereee-nerrhrerd-te-Arrew-Renter THE FOCUS AREA FROM THE STUDY EXTENDS FROM MAVEN AVENUE TO ARCHIBALD AVENUE AND PROM BTH STREET NORTHWARD 'f0 ARROW ROUTE. THE PROJECT SITE LIEB W[THIN THE BOUNDARIES OF THE NORTH TOWN NEIGHBORHOOD. The Sheriff's Department statistics indicate [hat approximately l.5% of the CI[y's population lives in North Town, and 6% of the City's overall rate of crl mes reported occurred Ln North Town in 1984 (see Table OJ 1984 burglaries In the study area's two ho us tog development adjacent to North Town were also analyzed. Between January and September 1984, two of [he four burglaries in [he Discovery townhomes and 1 of the 9 burgl ar Ses In the McKinley tract (located west and north of [he school, respectively) were committed by North Town residents. • 33a • 69 (Revised) TABLE 0 1984 CRIME INCIDENTS Crime Tvpe Occurrt nq Rancho Cucamonga In Nor [h Town I Percentage Murder 4 0 0 Robbery 56 6 10.7 Burglary 1146 46 4.0 Theft 1162 5 .4 Assault 29l 3 L03 Assault on Peace Officer ll 2 18.2 Exhibiting Weapon l0 I 10.0 Disturbing the Peace II4 78 68.4 Vandalism 576 12 2.0 Possessing Stolen Property 76 6 16.6 Drunk in Public 124 6 4.8 Onder the Influence 57 36 63.2 Weapons 53 4 7.5 • Warrant Arrests 548 40 7.2 TOTAL 4IA8 245 5.857. SOURCE: Rancho Cucamonga Sheriff's Scation. 1Pe rcentage of citywide crime occurring in North Town area. 3a/ 70 (Revised) The Sheriff's Office has recognized the neighborhood as having active juvenile gang activities, resulting in [he higher burglary rate and street gang-related issues. Problems in the area seem to be internal in that people committing crimes in the neighborhood do not generally commit CANC-RELATED crimes outside [he area. Gas The project st to is within the service territory of Southern California Gas Company. Gas service will be provided to [he area from an existing main which runs along Fe ron Boulevard. Electricity Southern California Edison Company currently services the project area. Adequate facilities to provide electricity Ln Che vicinity exist. Solid Waste • The County of San Bernardino Solid Waste Management divisicn coordinates solid waste services Sn the communities of San Bernardino County. The nearest facility [o the project site Ss [he Milliken Sanitary Landfill • iota tad approximately five miles from [he project site on Milliken Avenue north of Mission Boulevard. The facility handles class II-2 was ces (residential, co~msercial, and no liquid or hazardous wastes. I[ cur ran cly accepts 1,600 cubic yards per day and is expected [o reach capacity in 1995. A[ that time the tnl[f anon of operations at a suitable replacement site is expected. Water/Wastewater Cucamonga County Water Dis trice provides water distribution and was to water collection service to [he project area from water facilities in Feron Boulevard, Turner Avenue, and Main S[reec, and sewer facilities in Turner Avenue. A[ this time, these facilities have ample capacity to provide service [o this deve lapment. Chino Ras in Water District provides Cucamonga Co un[y Water District with water and provides wastewater collectLon from an interceptor located in south Rancho Cucamonga. Adequate capacities exist to .service the project at this time. Telephone The project site is located within the General Telephone service area. • 3~1 109 (Revised) • SUMMARY OF UNAVOIDABLE SIGNIFICANT ADVERSE IlffACTS This sormsary b[ief ly lists those signifiacnt adverse impacts which will result with implementation of the project. LAND USE AND AESTHETICS The p[o po sed project will be inconsistent with several Gene tal Plan goals and definitions. Lt would he incompa[ib le with existing densities in the adj acenc neighborhood. PUBLIC SERVICES/UTILITIES/PUBLIC SAFETY The- prepoeed- pre}e<t- w4}}- reen}r- fn- en- edd}t}ene}- depend- fer- pub}fe sett}tes;- epee}f}ee}}~- ereac}nE- demand- fer- pe}ier ~-f}re- preteetien- end aehee}-setvieee-wh}eh-ate-Barrent}r-et-er-epeeed£n6-<epe<}eyt THE PROPOSED PROJECT WILL RESULT IN AN INCREASE IN DEMAND POR PUBLIC SERVICES AND UTILITIES. IMPLEMENTATION OF CITY POLICIES S THROUGH GC AND MITIGATION MEASURES 510 THROUGH 522 WILL MITIGATE PROJECT-SPECIFIC IMPACTS • TO A LEVEL OP INSIGNIFICANCE. T'NE PROJECT, HOWEVER, IN CONJUNCTION WITH OTHER PAST, PRESENT, AND REASONABLY FORESEEABLE FUTURE PROJECTS, WILL ADVERSELY IMPACT POLICE, FIRE PROTECTION, AND SCHOOL SERVICES. AIR QUALITY This prof etc, to combination with ocher past, present, and reasonably foreseeable future proj acts, will rasa lC in an ine remen[al degrada"ion of regional air quality. gam • RESPONSE TO COMMENTS DRAFT ENVIRONMENTAL IMPACT REPORT GENERAL PLAN AMENDMENT CPA 84-03-A RANCRO CUCAMONCA, CALIFORNIA SCH A84I00806 PREPARED POR: CITY OF RANCHO CUCAMONGA 9320 BASELIN'e ROAD P.O. BOX 807 RANCHO CUCAMONGA, CA (7l4) 989-1851 PREPARED BY: SANCHEZ TALARICO ASSOCIATES 359 SAN MIGUEL DRIVE, SUITE 200 NENPORT BEACH, CA 92660 (714) 640-1700 APRIL 1985 3a4 n u RESPONSES TO COMMENTS The Draft EIR and Notice of Completion far General Plan Amendment (GP A) 84-03-A was distributed [o various public agencies, citizen groups, and inters sled parties (dis trlbutlon lists attached). The report was available for public review for a period of 3D days. The public review period es[a blished by the Stale Office of Planning and Research Clearinghouse expired on March 29,1985. Copies of all leccers of comment received on the Draft EIR are contained in Appendix A. The comments are summarized and responded co below. RESPONSES TO COMMENTS RECEIVED FROM THE COUNTY OF SAN BERNAROINO PUBLIC NORKS AGENCY' ENVIRONMENTAL HEALTH SERVICES COMMENT The Environmental Health Serv Ices Department expressed concern over exposure of future residents to train-passage noise and vibration. The • Department reque-,red [ha[ [he real estate division be notified "so prospective purchaser will be aware of trains nearby through the white paper." RESPONSE Noise Impacts on the project site from adjacent land uses and transpo ration routes (including railroad) are discussed on pages 56 [hro ugh 59 of the Draft EIR. Standard City policy &M and Mitigation Measures 4, 5, and 6 of the Draft EIR (pages 59-60) ensure that onsi to noise levels will be attenuated [o an acceptable level. In order co be sure Chac prospective future residents will be aware of adjacent railroad activity and associated noise and vibration, the following additional mitigac ion measure is hereby incorporated into [he Final EIR: bb. Prior to the issuance of any certificates of use and occupancy, the developer shall produce evidence acceptable co the City planner, chat the Department of Real Estate of [he Etare of California Final Subdivision Puhlfc Re pore contains information sta[Lng [he subj ec[ properly is subject to noise and vibration from adjacent railroad ac tiv tty. ' \I 3a a- • z RESPONSE TO COUNTS FROM CHAF FEY JOINT UNION NIGH SCHOOL DISTRICT COMMENT The School District states chat the Ct[y of Rancho Cucamonga's Growth Nanagemen[ Plan has served [he district in ob[aim ng needed school housing and that [he project Ss found [o be consistent with present conditions and policies. The district has no objection [o the proposed project. RESPONSE Comment noted. RESPONSE TO COPLMENTS FROM THE RANCHO CUCe4MONGA SUBSTATION OF THE SAN BER.YARDINO COUNTY SHERIFF'S DEPARTMENT COPAtCNT the Sheriff's De par [menc recommended modifications to pages 58, 69, and 70 • of the Draft F.I R. These modifications relate to the public safety issues of the prat used proj ec[. RESPONSE The recommended modifications have been incorporated into [he attached errata contained in Appendix B. RESPONSE TO CO?4fENTS FROM H S H INVESTMENTS. LTD. COMMENT In reference co Afr quality, a comment was raised regarding consis [e ncy 6ecween the General summary of Impacts and Mtciga ti on Measures a[ the beginning of the F.IR and the Summary of Unavoidable Significant Adverse Impacts on page 109. The Air quality Level of Significance After ei[Sga[ton is said [o be inconsis ten[ with the summary statement on page 109. RESPONSE By reading [he entire Air quality summary in the General Summary of Impacts and Mttiga[Son Measures a[ the beginning of [he report, two air quality impacts are described. The first refers to short-term dust and conscruc[IOn-related em isslons. These short-term impacts are ml tiga[ed to a level of insignificance. The second impact Ss listed as "an incremental degradation of air qual l.[y in the region." In reference to the impact, the 3~~ Ce ne raL Summary states that specific project impacts are mitigated to a le eel of ins lgni Eicance. However, i[ will "incrementally contribute to a si gn iEican[ adverse cumulative impact on regional air quality." This significant cumulative adverse impact is documented al ;o nn page 109 and is co nsis[ene with the General Summary a[ Che beginning of the EIR. COMMENT High School: Appendix "H" shows the pro iect would add an additional 4h higft school students. However Appendix "H" shows [hat Chaffey High School which services the site area, currently has an enrollment of 2700 students, with a capacity of 1600 students. In add It ion, Eti wands High School is increasing iCS capacity from 1200 Co 1500 which will be completed Se pcember 1986. (Our project is scheduled for completion mid 1985). Chaffey High School has the capacity for an add i[Sonal 900 students a[ present time with Eti wands HSgh School adding an add i[innal 700 September 1986. ue scion? How can one concl ode this Ss an adverse impact? RESPONSE Th E • e IR states on page 73 that Chaffey Join[ Union High School District is currently operating at or near capaclCy. This observation was based on data supplied by Ms. Diane Allen of Chaffey Jo1nc Union High School Dis cric[ (Appendix H). The 48.75 high school students generated by [he project will have co be bussed E1ve miles [o Chaffey High School in Ontario because Al [a Loma High School (locaced about two miles from the sice) is overcrowded and operating on double sessions. Chaffey High School is [he only school in Che dis[rlct chac Ss under enrollment capacity. However, a massive re cons[rucciun project currently scheduled is expected [o temporarily Bimini ah capacity during re cansCruction. Subsequent to preparation of [he Draft EIR, rnrresDnde nce with both Chaffey High School and Chaffey .Joint Union High School District has led [o further clarification of [he school's condition. Chaffey High School technically has a capacity for 3,600 students. However, several of [he older build logs are not utilized because [hev do no[ meet safety stands rd s. The Su pe rin [e nde nc states that [he ar.tual current capacity is 3,000. Current enrollment is approximately 2,700. To renovate and upgrade subs[and and buildings at Chaffey High School, a S[ace grant of $5.2 million has been allocated. Tentative ached Ming is antict pa [ed Eor May of 1986 with an l8-month duration, to end in early 198A. During renovation, Chaffey High School's capacity will not be • 3~7 diminished although the 8upe [tote ndent stated Chat the school will not be ablz m ac commoda[e additional students until <nmple[ion. Once renovated, Chaffey High School will realize its full capacity of 3,600 students. Until chat Cime, any additional demand on the school's facilities must he considered an adverse impact. Etiwanda High School is scheduled far an increase in capacity in September 1986 6u[ is currently over capacity and conCinut ng to experience growth in SC Udent levels. The school district states in [heir letter (Appendix H) [hat "[he project will further impact [he area." As stated on page 79 of Che EIR, implementation of C1 [y Policies and Mitigation Measures (spectf ically EE and FF) u111 adequately mitigate project-specific imparts. These Policies require developer school fees and written certifica [ion from all affec [ed school districts [ha[ adequate school facilities are or will be capable of accommodating students generated by [he project. However, to fully understand this project's direct impacts and cumulative • impacts [n school facilities, i[ is necessary [o examine current and planned growth in the area. To get a general idea of reasonably foreseeable future demands in the project area on Chaf fey High School District's faciLi ties, we further analyzed projected development in [he vi<ini[v. Table A-l (page 9 of the Draft EIR) lists Approved Residential Pro}ects In the pro,jec[ area. A total of 2,860 units in [he project area results in an add icional 429 high school students Sn the HSgh School Distri c[ (.IS students per uni[). This amount of students (even without consideration of [he proj etc) would bring ChaEfey's en rol lm en[ over current capacity, although some of these Students could conceivably attend Etiwanda of On Cario High School. The fatt remains, however, that any amount of seudente generated beyond those planned for in the City General Plan consttcu tes an add i[ional impact on the Distrtct's facili rtes. Our analysis thus confirms the original conclusion to the Draft EIR that the project, Sn conj unc tl on with other past, present, and reasonably foreseeable future projects, will coot[ lbu[e to a cumulative adverse impact on High School facilities in Chaf Eey .Joint Union High School District. Please note that the Summary of Unavoidable Adverse impacts on page 109 t naccurately summarized the impact on school services. The section has been revised and is attached to Append lx B to this Response to Comments. I 1 l~ '8 COUNT Elementary School: Appendix "N" shows the prof ecC would add 95 students, however i[ shows Cucamonga ELementacy School has a capacity of 690 with current enrollment of SIO. In addition, page 74 indicates [ha[ the school system curtently has an inventory of portable classrooms which are used to accommodate the need a[ schools where [here Ss overcrowding. Summation: Since bo [h the High School and Grammar School have more than adequate capacity to service [he student needs the project will generate, don'[ you agree that "Schools" should be eliminated as an adverse impact. RESPONSE In a response from Mt. Roberto Vela squez of [he Cucamonga School District, the Dist cict states that [he proposed project will adversely impact the level of service currently provided. Mr. Velar quez state "Additl onal housing [classrooms] must 6e prov lded as soon as money becomes available to us a[ all these sites. We are in dire need of more space [o house what we already have." As of [he date of [he district's le tier, the dis[ric ['s schools were • operating only slightly under capacity. Civen [he rate of residential growth in Che area, capacity of a%is[ing facilities is expected [o be reached soon. As stated on page 79 of [he EIR, implementation of City Policies and Mitigation Measures (specifically EE and FF) will adequately mitigate proj ec[-specific impacts. These Po ltc ies require developer school fees and written cert iflcation Erom all affected school districts that adequate school facilities are or will be capable of accommodating st udencs generated by she proj etc. However, the EIR recognizes that this proj ec[, Sn conj unct[on with pas[, present, and reasonably foreseeable projects, will continue to increase demand for school services. Therefore, Che project is considered to contribute to an overall tamale [1 ve adverse impact on school services (page 79 and 108). Please note chat the Summary of Unavoidable SigniFicanc Adverse Impacts on page l09 inaccurately sunouati zed the impact on school ae rv ices. The section has been revised and is attached in Appendix R to this Response to Comments. COMI~NT Regard inq police protection, H b H investments questions the project's • impact of creating a demand for .67 deputies: "Are we co conclude that our Sag • 6 project will require .67 deputies or the Sheriff's Department is currently understa Efed and anv new project gene racing additional papa la [inn [o [he area generates Che need for additional deputies." RESPONSE Rancho Cucamonga Sheriffs Office st aces Cha[ the proposed development will create a demand for a minimum of .67 officers. NS[ho u[ such an increase in sC Offing the project will have an adverse impact on the level of Service [he Sheriff's Department provides (Appendix H). In addition, the Office states that since Che crime rate in the North Tnwn area is above average, Che project's demand for police protection will be higher Chan other areas in [he City. As stated on page 79 of the ETR, implementation of City Policies and Mitigation Measures will ode quacely mitigate proj etc-specific impacts. However, [he EIR recognizes that this project, in conjunction with ocher past, present, and reasonably foreseeable future projects, will continue to tnc rea se demand for police protection services. Therefore, [he project is • considered m contri6 u[e [o an overall coma l,a [ive adverse impact on police serv lees. Please no ce that the Summary of Unavoidable Adverse Impacts nn page 109 inaccura cely summarized the impact on police services. This section has been revised and is attached in Appendix 8 [o this Response [o Comments. COMMENT Regarding fire protection services, H b H Investments contends that: ..the requirements submitted 6y the Eire depa cement appear to be inconsistent wi ch current ratios. Acco rdSngl y, I request that "Fire Protection" be Listed as "MSCi gated to a level of Lnslgnif lc once", or "No Im pat[." RESPONSE Foothill Fire Protection District indicates chat "all projects of [his type and size create an adverse effect on any fire department. I[ wi 1.1 take at least one engine and nine personnel co help protect the area..." (AppeMix H). Fu nd tog [o provide [his additional capacity [o the District (Mello Roos Faciiici es Tax Ac [) Ss not yet confirmed. if additional service capabit ides are no[ funded, the project will have an adverse effect nn the district's ablllty co serve [he area. The DSstriet has requested, in this case, fund log co asslsc Sn expansion of ® fire facilicles and equipment. Ml Ligation Measure 7f 14 ensures such 330 7 funding. Standard Ci[y Policies S-W and Mitigation Measures 10-16 adequately mitigate prof ec[-specific impacts to a level of insignificance. However, the project, in conjunction with other pas[, present, and reasonably foreseeable future projects, will contribute to increased demand for fire protection services. This is tons tde red a con[ribu[Lon [o a cumulative adverse impact on fire prote [[ion services. Please note that the Summary of Unavoidable Adverse Impacts on page 109 inaccurately swmaari zed the impact on fire protection services. The section has been revised and is attached in Appendix R to rhis Response eo Comments. CO)PfENT M S u Investments concludes it's Public Services/Uti 11[1 es/PU61 is Safety comments by stating [hat this section "should be removed from page 109 under "Sunonary of Unavoidable SlgniEican[ Adverse Impacts" and placed on page !l0 under "Summary of Impacts Found to be Insignificant." RESPONSE As discussed above in [he three responses to comments, the proposed project • will result in an increase in demand for public services and utilities. Implementation of City Policies S through CG and Mit lga[1nn Measures l0 through 22 will mitigate project-s peclfic impacts to a level of insignificance. However, the project, in conjunction with other past, present, and reasonably foreseeable future projects, will adversely impact police, fire protection, and school services. Page l09 has been revised (Appendix B: Errata) [o ref LecC this concl uslon. COMMENT The applicant comments that, "on page 21 under 'Mitigation Measures,' you state [here are no mitigation measures available which could ensure compa tibili[y of [he proj ec[ with the surrounding ne Sghborhood. If one reviews 'Applicable General Plan Policies' and 'Residential Pnlic lea' on pages l7 and l8, a different conclusion might he reached. Under 'Re sid entlal Policies,' page l7 and lA, eight different land use al to rna[ives are listed and [hey are as follows: The city shall promote programs which are designed to malntaln and preserve [he existing housing et ock and communt [y identity of existing neig hbc rhoods. • 33/ • 8 The City shall pe rm i[ development a[ a range which enables the integration of nev residents and new structures into [he ezis[ing social and physical fabric of [he City. The City shall encourage a broader range of housing types, in terms of cost, construction methods, and design. The City shall encourage development of an adequate supply of housing [o meet Che housing needs of a reasonable portion of persons working in the Ci[y and the region who wish to live in Che CiCy. The City shall encourage opport un i[Ses [o mix different, but compatible land uses and activities. The City shall encourage housing opportunities which are within the financial capabilities of low and moderate income persons and families. The City shall reduce [he need for long commutes by enco uraging the provision of housing Eor up [0 30 percent of [he Snd ust ri al employment base. • The City shall develop and enhance the distinctiveness of axis [ing and new residential neighborhoods and commercial and industrial districts. Under 'General Summary of Impacts and Mitigation t1easures ,' you only list the firs[ item, we request [ha[ you review your summary and have all eight listed." RESPONSE There are two bask land use-related issues discussed in the EIR. The first is consistency with the goals and definitions of the Ce neral Plan. The second is the comps tibillty of the proposed density of [he prof etc with the surrounding neighborhood. Regarding the first issue of consistency with the feneral Plan. This issue is discussed on pages 21-22. The dlacuss ion does acknowledge [hat the project would be consistent with several of the housing-related policies on [he Genetal Plan listed on page l8. (This would 6e [rue for all re stdential land use alternatives.) However, [he EIR also discusses that it would be incons i.s tent with several other tm por~ant goals related to [he "preservation and enhancement of the distinctiveness and community iden [1[y of existing neighborhoods." t)e pend ing on Che ultimate density develo peo and the type and design of the prof ec[, the development could be significantly at odds with the community character of [he North Town area. Further, [he EIR states that the project is not cons is ten[ with the General Plan definition for the Medium-lifgh Oe nsity Residen[Sal land use category. ~3~ The su:msary a[ Che beginning of the report is intended [o be only a summary of adverse impacts and mitigation measures. Consequently, i[ only discusses potential adverse impacts re La [ed [o inconsistencies with the General 21an and [he incompatibility of [he proposed density with surrounding densities. It is no[ lnte nd ed (or required) to he a di =.cussion of the possible benefits or merits of [he project. RESPONSE TO C069dENTS RECEIVED FROM TRACY LOI.'MAN TIHBALS REPRESENTING N b H INVESTMENTS LTD. COFRNENT ...[ am concerned ....abo u[ the conclusions that you reach. This is particular [sic] dist urbing with regard to [he conclusions that are drawn in [he study with regard to mitigation measures and the level of significance after mi[iga[f on. Specifically, you reach Che conclusion on the general sunan ary of your report Chat the land use and aesthetics requirements within the guidelines • of [he existing CS[y po Li ties and general plan will 6e me[ with no mitigation whatsoever with the subject prcj ect. Also, the conclusion is reached that there is an unavoidable adverse im pat[ as a re salt. Based upon your data in your report, it appears that [here is ample basis for finding for no[ only conals re ncy 6uC mitigation within [he pa ramece rs of [he proposed prof etc. Under "Applicable General Plan and Policies" and "Residential Policies" as indicated on pages l7 and l8, you list land use alternatives [ha[ we believe are responded to by [he applicant's proposal. For examole, "the City shall promote programs which are designed to maintain and preserve the existing housing stock and co~mnun ity identity of existing ne ighborhonds ." Although at firs[ blush this may appear to be an inconsistent proposal wt th chat policy consideration of the CLCy of Rancho Cucamonga, a further analysis would tndira [e quite co the contrary. In [he firs[ instance, this property cannot be eronom ically developed to RL density in the present economic climate. Accordingly, [his would have an adverse effect on neighboring property and, to some extent, could result in a pressure to raze existing housing stocks adjacent to [he project site if ocher land use proposals are considered for [he subject site. In ocher words, RI develo pmen[ le not feasible nor reasonable. Economic impact is • certainly a recognized environmental impact under CEQA and should 6e X33 to • Moreover, Chis location and destruction of the existing neighborhood pa C[e rns in ChaC por[i on of the City of Rancho Cucamonga would more likely occur wicho ut [he prnj ect being built than with it as an of fo rd able stock of quality housing would be provided [o [he community by [his project. In light of the above discussion, I believe it is abundantly clear Chat Che remaining policies are enhanced and aided by the proposal. Gong commutes, of Eord, b]e housing for low and moderate income persons and families, distinctiveness of existing neighborhoods, prcv id ing of a broader range of housing types and design, integration of new residents, as well as providing Eor an adequate supply and a mix of comps [able land uses would all 6e served if this project is allowed to be built out. I am not questioning the thoroughness or [he efforts spent on your report. I do, however, find some ambiguity as to whether or no[ an examination cE the data base was made before the conclusions were drawn... I am asking e hoc Che City have you review your report and reconsider [he conclusions consistent vi[h what I believe are Che merits of the project in light of the policy considerations of the City's general plan. • Even if [he project was totally inconsistent with existing policy and mitigation was impossible, I believe Chat Che City could make a consistent El nding of overriding cons ides[ions pursuant [n CEQA and the Adm tnis[racive Code guidelines. Nevertheless, that would be a and (sick strained formal means of bringing this desirable project [o [he City of Rancho Cucamonga [hat is unnecessary based upon the me ri[ of [he project and City's existing policies. RESPONSE The EIR consultant and City seaff have thoroughly reviewed the Land Use analysis of [he EIR for [he General Plan Amendment 84-03-A. Our review has substantiated the conclusions of our original analysis pe rcaining to the consistency of the project with the goals and definitions of the General Plan and the compa[i bility of [he denslefes of the proposed prnj ecr. with [he surrounding neighborhood. The Land Use Impact disc usslon is found on pages 2D-22 of the Draft EIR. As [he section states on page 2l, °A[ this level of analysis [here are two important land use planning issues. The firs[ issue is the consistency of the proj ecC with [he goals and defLnitions of the General Plan. The second issue is the cnm patibiLlty of the project's density with surrounding ezi sting and proposed land uses." Regarding the FSrst issue of consistency wleh the Generat Plan (discussed on pages 21-22), [he analysis acknowledges [hat the project would be consistent with several of [he housing-related policies of the General Plan l is ced nn page 18 of [he Draft EIR. However, this is true in varying 33y ll deK Tees for all residential al Ce rna[ives including deve to pmen[ under [he existing land use desi gnacion. Regardless of the con5lstency of [he prof ec[ with certain housing supply-related goals, the project would be inconsistent with several ocher Important goals re la [ed to [he "preservation and enhancement of the d Ls[inccivene ss and communi [y identity of existing nelg hborheods ." Depending on [he ultimate density developed and [he [vpe and design of the project, [he deve le pmen[ could 6e significantly ac odds with the co~mnunity charac Cer of t'ne North Town area. Further, [he proj ec[ is not entirely consistent with [he Ceneral Plan definition of "Medium-High Density" (Page 20 of the Draft EL R). Ic is recognized that the project la Ln [he vicinity of future major emplo ymenC opportunities; however, iC is not located along a major thoroughfare or near community facilities. Transit cannot easily service Che site and adequate neighborhood shopping is no[ within an acceptable distance. • The second Land use planning issue is the qua s[ton of compatible densities. This is discussed Sn detail on page 22 nE Che Draft EIR. The conclusion of the analysis is that the proposed project would be significantly more dense than esistine or proposed development in [he area. Further, it would he • adj ~°e nc. .o a neighborhood containing the least dense res id encial devel.>,mrn[ In [he neighborhood. A[ the maximum density allowed (24 du/acres), the scale, 6ul k, and density would be significantly out of character ui[h [he surrounding neighborhood. The only mi tiga[ion available are the Standard City Policies and Re quiremen[s A S B which reiterate CI[y Policies regarding the City's De velopmen[ Cnde and subsequent environmental review. However, implements [ton of these policies will not mitigate potential impacts related co incompatible land uses [o a Level of insignificance. Nor do [hey alter whe char [he project is conaf sten[ or inconsistent with [he General Plan. Consequently, [here is an unavoidable adverse Impact. Regard log some of the ocher specific consnencs of Mr. Tibbal's letter, the following responses are provided for clarification. Firs[, CEQA does not recognize an economic impact as a "recognt zed environmental impact under CEQA." CEQA states that economic or social information ~~ be included in an EIR if [he agency desires. However, econom to effects of a project "shall not be treated as a significant effect on [he environment. An EIR ~ [race a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the pr nj act [o physical changes caused Sn turn by the econom lc changes. ..The focus of the analyses shall 6e on physical changes." (Section 15131). (Underlining added Eor emphasis). This section • refers co potential effects o£ approving a proj act not of denyt ng the proj etc. 33S • l2 Second, the applicant has no[ provided evidence for the record [ha[ the property cannot be "economically developed" under the existing Iand use de signa[ion of low density or any of the residential alternatives presented on pages 95-IC 2. Barring substantiated evidence [o the contrary, we have assumed that all residential alternatives discussed are economically viable. I[ is understood [ha[ certain alternatives may be more profitable for the applicant than others. However, this is not a tac [or which is [o be used in an EIR to evaluate impacts. The legree of profi[ahility is nor a factor in ev aLua[ing the feasibility of al to rr.a [Sues. third, we do nn[ agree that [he "destruction of the existing neighborhood pace rns in chat portion of the Ci[y of Rancho Cucamonga would more likely occur without the project being built than with tt as an of fordable stock of quality housing would be provided to the community by this proj ec[." We recognize Cha[ development at 24 dwelling uni [s per acre would most Likely provide affordable housing [o the area. However, the provision of affordable housing is only one factor in the preservation of ex Ssting neighborhood patterns. Ne feel [ha[ density, scale, type of residential unit and similar factors are of greater importance. Also, housing of an affordable nature could also be provided a[ a density less than 24 dwelling • units per acre. The Einal issue is related [o Overriding Considerations. Regardless of [he issue of Land use impacts, the City will have to make a S[atemenc of Overriding Considerations if it wishes to approve the prof ect. This Ss because there are three unavoidable adverse impacts of the prof ec[ which will need [o be overridden. Please refer to Response to Comaen ts, Appendix B, Page 109-Revised). 3 3~ -.( ENVIRONMENTAL HEALTH SERVICES ----~" - 395 North Arrowhead Avenue • San 8ernardirw, CA 92415-0160 - 17141 3834617 320 East "D" Stree[ • Ontario, CA 91784 - 17141 988.1324 . 15579 Eighth Sveet • Viclonille, CA 92392 • (6191 245-3218 ^ _ PLEASE REPLY TO ADDRESS CHECKED ^:1 March 15, 1985 ,,, • ~~~.I. Lisa A. Wininger, Assistant Planner 9320 Baseline Road, Suite C P. G. Box 807 Rancho Cucamonga, CA 91730 COUNTY of SAN BERNAp01N0 ENVIRONNENTAI PUBLIC WORKS AGENCY KENNETH C TOPPING Deputy gdmimsnator Cnmmumty Development RiC NAap L ROBERTS,. R G. M P H Duecr pr Alw rermng the opet p/.' Adelenro I NeMlex Bauow Onrar,o Bg Bear Lake Ranono Cn;no Cvramonga Copon Redone: Fonbna Rralm Grand Terrace San Bernardino Loma Lnda Upland Mon rclmr Vmlarm rle SUBJECT: DRAFTER FOR GENERAL PLAN AMENDMENT 84-03-A, H & H TNVESTMENTS We have reviewed the noise sections in Subject Report, and found it to be adequate as far as legal requirements and standards is concerned. However, some of the future residents may be bothered by the train-passage noise and vibration, regardless of what the CNEL or Ldn scales assume It may be a good policy to notify to the real estate division so prospective purchasers will be aware of trains nearby through the "white paper." RICHARD L. RO6ERTS, R.S., MPH Direetor I/- ~• ~/ 8Y: U BEN KAPLAN, R,S, Environmental Specialist :. RLR:eK:sh 337 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 211 WEST FIFTH STREET, ONTARIO, CALIFORNIA 917621698 p14~988~8611 SupenmenOam of Schaob Ass«!ele Supenmeneent Assstant auoerrnlen~ Mib O. DYNwn Aumimmraenml+ersonnel Busine-. Oem f. SmRIRen Rusull 1. Oicbnwn BE1aE B. nNamwn BOARD OF TRUSTEES: NatMeen E N~nley Bm C Nanm Pfarch i3. Iad3 (,isa A. Win finger dssistant F?annex City nP RancF,o Grcamong¢ ?,i40 laseZine r7oad, Suite "C" Rancho __^ucamonga, Califo rn i¢ 9]730 Ravmem J Samo • Cnanez J 'Jhal~ev • Ge•a!e'.v Won ~, ~ , ~''~"r /,.y fAj(~j n .. ~R'~da, 1 ` ". Re: Environmental :mpaet Report d9-03-d I have reviewed the Environmental Impcet Report #R99-03-A, and find that Lhe sections uhieh affect the Cnaf,Fey Joint Union Rign .School • District, to cons is Cant with our present conditions and policies. The City of Rancho Cucamonga 's grorJ th management plan %tas served tF,e district in obtaining needed school housing. there,°ore, me have no abjection to the proposed plan. .*hm:k you fcr your consideration. Rincere ly „~r ~ Robert :J. :JUrphy Director, Businesa derv ices RlJll,r„ t' • k,g011 aliA WMA • CHAFFEY AOUIt EDUCAFION •CHAFFEY OOMIONGA • EFIWANOa MONSUIR • ONTARq • UFIAHO VAIIEY VIEW X70 .q. INTER-OFFICE MEIV~J DATE pla rch 5, 1985 PHONE ~~'~""- sw u~n~wino • FROM John A. FutSCher, Captain ;„,~;;~~~• Rancho Cucamonga Sheriff's Station ' TO Lisa iaininger, Assistant Planner • Community Development Department City of Rancho Cucamonga SUBJECT DRAFT ENVIRONMENTAh IMPACT REPORT FOR GENERAL PLAN AMENDMENT R4-03-A' H and H INVESTMENTS Attached are excerpts fzor~ the above document that pertain to puulic safety. Phase note the recommended language changes. • 12J 16 i•000 Nb. Ip7 339 1r 68 P[fHLIC SERVICES/DTILITIES/FIIHLIC SAPEIR SETTING The project will be served by several agencies tomcat cad for information regarding current aervic constraints on prov Sding service Co the proposed this report contains correspondence Erom applicable Plre Protection Services These agent iea were e levels and antic Spaced project. Appendix R of agent iea. The project s. to lies vithln fire and emergency medical service boundaries of the Foothill Pire Protec Cfon District. Scatione serving the alts Snclude Sta[fon I, 6627 Amethyst Street (4-1 /2 miles from [he ai te) vlth one [hrerman engine aad one cva-man squad; Station II, 9612 San Berns rdiao Road (2-1/2 miles from [he alts), and Sca [fon III, 12848 Baseline Road (4 miles Erom the site), both of [h orte three-man engine. Response times are a1x minutes, four minutes, and seven minutes, reapeccively. Lae Eaforcemene Rancho Cucamonga fa curreacly nerved by the Aancho Cucamonga au6ecatlon of the San Be rnard Sno County Sheriff's Department, located at 9333 Ninth Scrext. The response elms [o the Bite is above ono minute, nerved by routine petrol. According to a 1984 study by the Aancho Cucamonga Couney Sheriff's Office on crime conditlona in the area, the atacls tics listed !n Sable 0 ate show for the Notch Tow neighborhood and City of Rancho Cucamonga. As analyzed by the Sher iff'a Offica the North Tow neighborhood 1• defined as the tea idenclal area betreen Daven Avenue end Archibald Avenue and from the homes jwt south of 8th Strea[ extending north co 26th Sereec (excluding [he Discovery [ovnhome project on Archibald end Perna Boulevard). The Focus area fens Che ecudy extends from Raven Avenue to Archibald Avenue and from 20th Street ao rehr~rd to Aerov Route. T}{~ neo_rr- •f• c pit s v~,,-~„~ o -~~ TrIE °..cur {,rrS c.= p,c l: o.• :~ {~u•,~ L."„ . . The Sheriff's Department etntietica iad State that approximately 1.45 ^of the Cit y'• population lives io North Tow, and 6f of the CS Cy'a overall rate mf Crimea reportnd occurred is NortA Tow 1n 1984 (see Table 0.) ~. ~ 1984 burglaries to the ecudy area's tvo housing development adjacent co North Tow were also anal gaed. He[veen Jenuery aad September 1984, too of the four burglaries in the Diacovary cowhamea amd 1 of the 9 burgh ties in the McKinley [race (Iota cad vest and notch of the school, reapectlvely) were committed by ,yorth Tow reafdenta. The Sheriff's Of Elce has recognized the nefg hborhood as hav Sng eccive '~i+le gang ec tSv It iea, resulting !n the hl ghee burglary rate and street ~yo • • • 7D gang-related Issues. Problems fa the area seem to be !n [e rnal Sn [hat people committing erime9 1n the neighborhood do not generally commlt^crlmes •outside the area. G pNC, !?5!i;'EO Coe The project site La within the service to rri[ory of Souc he rn California Cea Company. Can service will be provided to the area from an existing main which runs along Feron Boulevard. ElectriclCv Southern Callto rnia Edison Company currently aervlces the prof etc area. Adequate fac111t1es Co provide eleccrlcl[y in the vicinity exi i[. Solid Naate The County of San Bernardino Solid Naate Management divlaloa coordinates solid weaie eervicei in [he communf [Sao of Sao Bernardino County. The nearest facility to the protect site Se the Milliken Sani carp Land fill located approxlmace3y FSve miles Erom the protect Bice on Milliken Avenue north of Mission Boulevard. The facility handles claee II-2 waatea (reafdeneial, co®ercial, and no liquid or he za rdo ua veaeea. It currently accepts 1,600 cubic yards per day and is expec tad co reach cspacf ty fa 1995. Ai that time the Inltiacloa of opera clone a[ a eul eaDle replacement ai [e fa expected. Na[er/NU tewaeer Cucamongs Cowty Nater District provld ea water distribution and vastevacer tolleccion service [o Che protect area from water faclll ties is Peron Boulevard, Turner Avenue, and Main 5[ree[, tad sever facilities in Turner Avenue. At Chia time, [hesa fec ill tSea have ample capacity to provide is rvlca to chin developmm[. Chino Beafn Net er OSserict prow idea Cucamonga County Water Dla tr ic[ with voter and provides wan [avatar tolleccion from en Sntercep[or located Sn south Rancho Cucamonga. Adequate cspecltiea exiae to aervlce the protect ai this time. Telephooe The project site Se located within [he Central Telephone service area. 8oapital San Mconio Roipital aervea [he protect s1 [e offering acute core of [h a capseity of 112 beds and an emergency roam designated Level II Trauma Caoter. It la located J-0/4 miles from the site ae 999 Sen Bezna rd ino 3 H/ <~ C 69 rAgce o 1984 CRIME INCZD8NT3 Crime Type Occurring Rancho Cucamonga Ia North rove L Percentage Murder d 0 0 Robbery 56 6 10.1 Burglary 1146 46 4,0 TAeft 1162 S .6 Assault 291 3 1.03 Aaeaulc oA Peace officer 11 2 L8.2 Exhibiting Keapan 10 L 10.0 DSacurbing the Peace 116 78 68.4 Vandallem 576 12 2.0 Possessing Stolen Property 36 6 16.6 Drunk in Public 124 6 4.8 Dnder she Imfluence 57 36 63.2 Neepons 53 4 • 7.5 Wsrrane Arres to 548 40 7.2 ~I 1.. .- ~, J~ SO(IECR: Rancho Cucamooga SAeriff's Station. LPetcencage of cieyvlde crime occurring Sa North Tow arm . • 34 ~- April 15, 1985 • HSH Investments, Lcd, 3i00 Car..p us Dr. Suite 203 Newoort Beach, Ca, 9'560 Sanchez Talaricc Associatzs Re: EIR-Ganeral Plan d^..zndmen[ 359 San ytiguel Dr. Suite 2C0 BL-03-A Newcort Beach, Ca. 9?660 Dear Sirs: Af tar careful revizw of the above referenced, I have several questions I wish you [o respond [o. They are as follows: 1. Air Quality: Onder "Gzneral Summary of Impacts and Mitigation Measures", a[ the beginning of the EIR, Air Quality is listed as being mitigated to a level of insignificance, however on page 109 headed, "Summary of L'navoidab le Significant Adverse Impacts", Air Quality is listed in error. Please forward a correction to [he Ciey of Rancho Cucamonga. On page 109, you list school, police, and fire protection as being adverse impacts. E have Bone doubt Chat these items should be listed as items wi[ir adverse impacts. I would Like to address these items • individually as follows: IIi2h School: Appendix "iC' shows the projecc would add an additional 46 high school students. However Appendis °ki" shows [hat Chaffey High School which services [he site area, currently has an enrollment of .700 students, with a capaeiey of 3600 s[udenes. In addition, ECiwanda High School is increasing its capacity Erom 1200 to 1500 which will be completed Sap[zmber 1986. (Our projecc is scheduled Eor compla[ion mid 1986) Chaf Eey High School has the capacity Eor an additional 900 students at present [rote with ECiwanda High School adding an additional 300 September 1986, ues[Lon? How can one conclude [his as an adverse impact? Elementary School: Appendis "H" shows Che project would add 95 students, however it shows Cucamonga Elementary School has a capacity of 690 with current enrollment of 510. Ln addition page 7L indi r.r [es [hat Che school system curren[1}' has an invantory of porCab la classrooms which are used Co accommodate the need at trhno Ls where there is overcrowding. Summation: Eince both the High School and Grammer School have more than adequate capacity [o service the student needs the project will generate, don'[ you agree th aC "Schools" should be eliminated as an adverse impact. 3'!3 page 2 Police; Appendis "H" indicates our project would require • the addition of .6? deputies. If our project will add 497 people Co the area, and [he current• population is 55,250, L would like [o know how the figure of .57 deputies was arrived ae. Are we to conclude that our project will require .67 deputies ar [hn Sheriffs department is currently underseaffed and a~ new project generating additional population to the area generates the need for additional deputies. Fire Protection: Appendix "I{" indicates our project will require [he addition of one (1) engine and an additional nine (9) persor.ne 1, The fire department currently has 4-engines, 2as[a[ion +:1, l ;~s[ation ':2, 12station 'f3, and 19s[ac ion '!4. This means [he CiC}' has a total of 4-engines servicing 55,250 citizens citywide (see page 31), This means each engine services 13,81? citizens. Furthermore B1% of the housing is single-family units, (see page 25) which represents 18,852 single-family units. This leaves . 3,390 multi-fanny units. Ihis means each engine services 4713 single-family units and 847 multi-family units. Bumtaaeion: Based on the aforementioned, don'[ you agree [ha[ the requirements submitted Sy the fire department appear to be inconsistent with current raCics, pccardir,g ly, I request that "Fire Protection" be listed as "Mitigated [o a level of insig- nificance", or "No Impact", Based on [he above, it is our opinion [ha[ "Public Services/ Utilities/Public Safely" should be removed from page 109, under Bumsta ry of L'n avoidable Significant Adverse Impacts" and be placed on page 110 under "Summary of Impacts found to be Insignificant", 3. Land ii5e and :\es[hetics: On page _'3 under "fli[igat ion Measures" you state there are no mitigation measures available which could ~•nsure compatibility of Che project with [he surrounding neighborhood, if one reviews "Applicable General Plan Policies", and "Re- sidential Policies" nn pages 17 and 18, a different conclusion might be reached, • 3YY page 3 • Undet "Residential Policies", pages 1? and 18, eight different Land use alternatives are listed, and [hey are as Follows: '*Phe city shall promote programs which are designed to main- tain and preserve the existing housing sCOCk and community identity of existing neighborhoods. *The City shall permit development at a range which enables the integration of new residents and new scruc[utes into the existing social and physical fabric of Che City. *The City shall encourage a broader range of housing types, in terms of cost, construction methods, and design. *The City shall encourage development of an adequate supply of housing to meet Che housing needs of a re asona6le portion of persons working in [he CiCy and the region who wish to live in the City, *The Ci[y shall encourage oppot[uniC ies to mix differe r.t, but compat ibla land uses and activities. *The Ci[y shall entourage housing opportunities which are within the financial capabilities of low and moderate i:.come persons and Families. • *The City shall reduce the need for long commutes by en- couraging the provision of housing for up CO 30 percent of the industrial employment base. *The City shall develop and enhance [he distinctiveness of existing and new residential neighborhoods and commercial a,id industrial districts. Under "General Summary of Impacts and Mitigation Measures" you only list [he firs[ item, we request that you review your summary, and have all eight listed. Yont a9slaCanCe In teV1eW1Rg and returning ynnr COmmenCS and findings to the CiCy of Rancho Cucamonga, (planning staff), will 6e greatly appreciated, Very truly yours r~ H&H Investme ncs, Ltd i ~~~-~ J~ah Hawkins, General ParCRer Sys inaC ~ .. erne' 9an.5 C .: yCZ` ~ar<` .a-_a-~ Ap:i1 18, 198`_ .n i. Ov _s5 T R.aC1 Lo~~~ta~ Trssats m ~. .V~r C.A7 n„_r~c s.. 'c noo O]YAq ID. CA L1FOgSIA 91~G4 i)• 3B]~C 99B P.~3 N • --- ;:~± _; •, Sa,chez Talarico Associates 359 San Miguel Drive, Suite 200 Ne'.:pprt Beach, CA 92660 Re: Environmental Impact Report General Plan Amendment 84-03-A Gentlemen: ••cn or nccs • Sinn.. JG.i~S 5• en Tl:is office represents H 6 H Investments, Ltd. who is the applicant in the above referenced project in the City of Rancho Cucamonga, San Bernardino County. • I have reviewed your Screencheck Draft Environmental Impact Recort prepared as the consultant for the City of Rancho Cu~a-,o nga on this project. Based upon my experience in this field, your repo a appears to go in depth and cover many areas. As far as the data base is concerned there appears to be an adequacy of inquiry. I congratulate you on a professional and thorough job in that cecard. I am concerned, however, about the conclusions that you reach. This is particular disturbing with regard to the conclusions that are drawn in the study with regard to mitigation measures and the level of significance after mitigation. Specifically, you reach the conclusion on the general summary of your report that the land use and aesthetics requirements within the guidelines of the existing City policies and general plan will be met with no mitigation whatsoever with the subject project. Also, the conclusion is reached that there is an unavoidable adverse impact as a result. Based upon your data in your report, it appears that there is • ample basis for finding for not only consistency but mitigation within the parameters of the proposed project. 3y~ Sanchez Talacico Associates April 18, 1985 Page 2 U r.dec "Applicable General Plan and Policies" and "Residential Policies" as indicated on pages 17 and 18, you list land use alteznatives that we believe are responded to by the applicant's proposal. For example, "the City shall promote programs which arz designed to maintain and preserve the existing housing stock and community identity of existing neighborhoods." Al hough at first 61ush this may appear to be an inconsistent pr ~posal with t~nat policy consideration of the City of Rancho Cucamongar a further analysis would indicate quite to the ContraCy. In she first instance, this property cannot be economically developed to R 1 density in the peesent economic climate. Accordingly, this would have an adverse effect on neighboring • property and, to some extent, could result in a pressure to raze existing housing stocks adjacent to the project site if other land use proposals ace considered for the subject site. Tn ather words, R 1 development is not feasible nor reasonable. Economic impact is certainly a recognized environmental impact under CEQA and should be considered. Moreover, this location and destruction of the existing neighborhood patterns in that portion of the City of Rancho Cucamonga would more likely occur without the project being built than with it as an affordable stock of quality housing would 6e provided to the community by this project. In light of the above discussion, I believe it is abundantly cleat that the Tema ir. i.^.g policies are er.'.:a^czd and aide3 by the proposal. Long commutes, affordable housing for low and moderate income persons and families, distinctiveness of existing neighborhoods, providing of a beoadee range of housing types and design, integration of new residents, as well as providing for an adequate supply and a mix of compatible land uses would all be served if this project is allowed to be built out. I am not questioning the thoroughness or the efforts spent on your report. I do, however, find some ambiguity as to whether or not an examination of the data base was made before the conclusions were drawn. aye Sz ~chez Talarico Associates April 18, 1985 Pzye 3 As you ace the City's consultant, by m^_ans of a copy of this letter I am asking that the City have you review your report and reconsider the conclusions consistent with what I believe are the merits of the project in light of the policy considerations of th_ City's general plan. Evrn if the project was totally inconsistent with existing policy ar.d mitigztio r. was ir:.po ssible, I believe that the City could make a consistent finding of overriding considerations pursuant to C£.[A and the Administrative Code guidelines. Nevertheless, that wo:;.d be a and strained formal means of bringing this desirable project to the City of Rancho Cucamonga that is unnecessary based upon the merit of the project and City's existing policies. I thank you in advance for your prompt and thorough review of the foreyoing. • Very truly yours, TRACY LOWNAN TIBBALS A Professional Corporation By: TRACY COWMAN TIBBALS TLT:jh ce: Mr. Otto Rroutil, Senior Planner City of Rancho Cucamonga Mr. John Hawkins H 6 H Investments, Ltd. • 3'J~ RESOLUTION N0. P-fi-t_Oi-~--- ES i70 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 84-03-A - H & H INVESTMENTS WHEREAS, the City Council has held a duly advertised public hearing to consider all comments on the proposed General Plan Amendment 84-03-A; and WHEREAS, the City Council revf ewed and considered the Final EIR prepared in conjunction with this Amendment, and considers its content to be adequate. SECTION 1: The Rancho Cucamonga City Council cannot make the following findings: A. The Amendment does not conflict with the Land Use Policies of the General Plan. 6. The Amendment promotes goals of the Land Use Element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. • NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby deny General Plan Amendment 84-03-A for the following described real property: APN 209-085-02, 03, and 14 designated as Low Density Residential located on Feron Boulevard between Turner and Ramona. PASSED, APPROVED, and ADOPTED this 5th day of JUNE, 1985. AYES: NOES: ABSENT: Jan D. Mike s, Mayor ATTEST: Beverly A. Authe et, City er 349 nrmv nn n ~ vnrrn nnn , unw n ~ STAFF REPORT DATE: ,tune 5, 1985 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Howard Fields, Assistant Planner C~~ ^.•nJ ,~r~v~ ~, z; + <~~ °`s Y _ ~ ~ W J I9TC SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMEN - - CITY OF RANCHO CUCAMONGA - A Development Distr icT tint rom Low es entia (2-4 du/ac) to Office/Professional for 0.77 acres of land located at the southwest corner of Base Line Road and Beryl Street - APN 208-593-10. BACKGROUND: The Planning Commission, at its regularly scheduled meeting on April 24, 1985, held a public hearing and recommended approval of the negative declaration and District Development Amendment 85-05. The attached copy of the Planning Commission Staff report fully describes the project. • The proposed Development District Amendment is consistent with the City's General Plan and related ordinances. The project site is appropriate in size, slope, and access to accommodate the proposed use. This project will present no adverse impacts to the environment. CORRESPONENCE: This item was advertised as a public hearing in The Dai~ewspaper and notices were mailed to property owners within f300 eet of the project site. To date, no correspondence has been received either for or against this project. RECOMMENDATION: The Planning Commission recommends that the City ouncC i1 approve the Development District Amendment 85-05 through adoption of the attached ordinance and issuance of a Negative Declaration. -~ subm RG:HF:cv Attachments: Planning Commission Staff Report and Resolution Minutes of April 24, 1985 Planning Commission Meeting City Council Ordinance 3~° CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: April 24, 1985 T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Howard Fields, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMEN MENT 85-OS - CITY OF RANCHO CUCAMO°na - A Development District Amendment from Low Residential (2-4 du/ac) to Office/Professional for 0.77 acres of land located at the southwest corner of Base Line Road and Beryl Street - APN 208-593-10. [. PROJECT AND S[TE DESCRIPTION: A. Act ian Re nested: Approval of Development District Amendment and issuance o a Negative Declaration. 8. Purpose: To facilitate the development of Office/Professional uses. C. Location: Southwest corner of Base Line Avenue and Beryl Street. D. Parcel Size: .77 acre E. Existing Zoning: Law Residential (2-4 du/ac) F. Existing Land Use: Existing single family resident G. Surrounding Land Use and Zoning: North - Existing SRF, Low Residential ?-4 du/ac South - Existing SRF, Low Residential 2-4 du/ac East - Existing SRF, Low Residential 2-4 du/ac West - Existing Office/Professional, OP H. General Plan Designations: Project Site - Low Residential North - Low Residential South - Low Residential East - Low Residential West - Office 3s/ ITEM [ C ~ PLANNING COMMISSION STAFF REPORT April 24, 1985 DDA 85-08 • Page A2 I. Site Characteristics: The site is a vacant corner lot with existing retaining walls situated on the west property line and a fairly level graded pad. II. ANALYSIS: A. General: This Development District Amendment is a City initiated proposal necessary to bring the subject site's residential designation into conformance and be consistent with the adopted General Plan's designation of office. This amendment request will rectify past omission in the estimation and designation of appropriate land use areas during the transfer of data from the General Plan's Lind Use Map to the Development Districts Map. In terms of land use compatibility, this proposal will continue existing office/professional uses to the corner of Beryl Street and will not present any adverse impacts that could not be effectively mitigated. • 6. Environment Assessment: As a result of the initial study, the pro ect wi not present any significant adverse impacts upon the environment, however, there will be impacts from future office development that could be mitigated based on the following applicable mitigation measures: Impact; The project will result in future office development that will increase surface water runoff due to the creation of impervious surfaces, (i. e. buildings, sidewalks, parking lot). Miti an on: All drainage from subject site will be directed to fiery Street and under the supervision of the City Engineer. Impact; Project proposed will generate additional vehicular traffic on Baseline Avenue. Mitigation: Site design will take access off of Beryl Street thereby minimizing ingress/egress on Base Line. III. FACTS FOR FI NOINGS: The subject property is suitable for the proposed an-1 d use in terms of access, size, and compatibility with existing land uses in the surrounding areas. Further, the proposed District Change will not have a significant impact on the environment or surrounding properties and is in conformance with the General Plan. $sa C ~ PLANNING COMMISSION STAFF REPORT April 24, 1985 OOA 85-05 Page $3 • IV. CORRESPONDENCE: This item has been advertised as a Public Hearing in The Daily Report newspaper, the property posted, and notices were sent to property owners within 300 feet of the project site. V. RECOMMENDATION: It is recommended that the Planning Comnissi on consider all input and if after such consideration, the Commission can support the Facts far Finding, adoption of the attached Resolution, and issuance of a Negative Declaration would be appropriate. R espectf ull submitted, Rick Gomez City Planner • RG:HF:cv Attachments: Exhibit "A" - Location Map Exhibit "8" - Site Utilization Map Initial Study -Part II Resolution of Approval • 3a'3 ,: ~ - ~ - t f '. I? i i r.., n ,.,, ~. L M . cc . .. j ~ a < I .~ / ~ :1 M H ,.i a.:I M ".i Y c Y M M -•- „~- a @ y LM`~~ ~ ,e + ~,~, _ .. _ M LM . Y,p.l !, g .~ _ _ ~ YX ' ~~ 01 ~;:_I . ~ 1,^L' A ~..M ~ ~L'"',~/,/..511E L~' ~ ~ LM ~' .. LM • ` NC "~'~ II . • / i OP OP NC i`, NC ` ~ [~ _ _M~e..r_ 1r-~ _ _~ _ ... ram.., NC °® OP~ .. OP cy ~ NC y ~ :~! a :.: 'w... OP 1 M , y.r lM +~, ~ ,~ ~ 1 6 L B G Yr •. S i ~., ~~ ''n, ,.,. M y i+ F L i i ^ •i r ~ ..i N'.~ o':....~~ M nv LM F, .. ~ _ .,. ~ L M .. M ~~~' ~ M • ~ OP ~ GC ~ I QC V ~I NORTH CITY OF ITEM -~ y ~~- ° s '~ RANCHO CUCANIO\'GA T,T~E: ~coc~sr,~ti .~,9P PLANNING DIVLSION EXHIIIIT A " SCnLe 3 r'1 __ _ ,1 STREET' q0~~~ L 39 ~ ~ _.: .~ V" ~I I 6'Ix T ice[., A ~V 3, i I :~ ,.n ~I " ~x `='a _ z3 L1 _..4~r ____-1! .~ ~i .ism ~' 24l 3 ?''a _'a.~.a~- _ , 6 i /T - za _ m ~ "~ .~ _ _.x...~~.__ L 5:~ °~1z ~0 ~ .. ~ sz O 2 23 ~6 ~~^ 8' 1 ~~ i m _ .~! ' " `f m it j II usPOR. LO 6 ,~ ~ ~~ ~ 6 i 1 ~ ~` i euc 12 0d° ~,• ~~ ^' i~' ', ~ ~e " ~ -ertsE-tnvE -- -- ---"--- «,.. ,. f =~ I~~~eG' ~ I' (may?/, ~ x ,'~ ~ ' (-j ~" 12 9z IH' ;i ® C ray ,~ 4 :,,r`.' POR Blrc ~ ~~ ~•~ ~ i I~ , I„ ~ IB +, `mil J u ~ .R Pox 1 ' i I' I ; ..~.,: ,. ,. ~ :,a,'~`~1 ~ •~ v I ',Gu~Pe PPE3( j J ~ ~___. I ®. ~ ~bVL ~ 4~ a ~ ~. ~ 19 p~.. .~ °° Ww 19~! 1tp''~ i ~. ~ '~ ~ ~~i ,O n• it ~©Q ~0 ~O• P° I O O' O~ m zO ~.~ c~l•,' O,`O a ~ ` O ' ,z1 9 2 ' ~ »r 1 a r~H+1 a 1I 18' ea• V r ra`~ ...ynl r~u y.f .~ i )~ O I ~ ~ t :fT2 0\•~-A~ kBEA iTREEh' ~~?9 ~ I .T yL i St ~` •`• O[ IS . O ... ~ F• to ~ v 92 ~ ,.. o ~ O, * O n' x'° O ~ ^ ~ ••\ It .tae ,es; . ~~ref/e g , 08 c ~ fV//_\\Vl a n- ~° na..,.. Ie e ° ;:: NORTH RANCHO CUCAMONGA TITL.G pE uTi429 ~o M.AO • PLANNING DIV1Sl0\' exHInIT '73~x SCnLG 3sS 3 RESOLUTION N0. 85-51 • A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDINu APPROVAL OF DEVELOPMENT OI STR ICT AMENDMENT N0. 85- 05 REQUESTING A CHANGE IN THE DISTRICT DE SIGNAT[ON FROM LOW RESIDENTIAL TO OFFICE/PROFESSIONAL FOR .77 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF BASE LINE AVENUE AND BERYL STREET. WHEREAS, on the 13th day of March, 1985, an application was filed and accepted on the above-described project; and 'WHEREAS, on the 24th day of April, 1985, the Plann in9 Commission he id a duly advertised public hearing pursuant to Section 65854 of the California Government Code; and WHEREAS, the General Plan Land Use Plan designates the property as Office; and, WHEREAS, the proposed district change is necessary for consistency with the General Plan pursuant to Section 65860 of the California Government Code. SECTION I The Rancho :;c :monga Planning Commission has made the fol Lowing findings: :. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and rompatibility 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 rh ange is in conformance with the General Plan, SECTION 2: The Rancho Cucamonga Piann ing Commission has found that this project wi TT not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on April 24, 1985. NOW, THEREFORE, 8E IT RESOLVED: _, That pursuant to Section 65850 to 65855 of the California Government Gode, that the Planning Commits ion of the ^ity of Ran sho Cor, amonga hereby recommends approval on the 24th day of April, 1985, Development District Amendment Na. 85-05. 7,s- 6 Resolution No. DDq 85-05 Page 2 \J 2. The Planning Commission hereby recommends that the City Council approve and adopt Development District Amendment No. 85-05. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. APPROVED AND ADOPTED THIS 24TH DAY OF APRIL, 1985. P',.ANNING ,QOMMI SSION OF THE CITY OF RANCHO CUCAMONGA rman A i, Rick Gomez, Deputy Secretary of the Planning Commission of the City of • Rancho ucamonga, do hereby certify that the foregoing Resolution was duly and regularly fntroduced, passed, and adopted by the Planning Commiss ton of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of April, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: REMPEL, BARKER, MLNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHIT IEA r 1 L_J 3T7 ~. CC • C CI'^' OF gA.~CYO CL'CA.uOXGA PdiZ: Ii - I`1I:IAL SI`~Y E\RIRO\?~):T,L C9ECi::.: S: DAT°: ~'~ T - ~r APPLI CA:.[: C/TY o~ .C ~+,~c//v L'stGO..~i./G.4 PILI::C DATE: /Yli9/GG~ /jam /fr`S LOC YfT3E2: l~.jJiy 8S- O ~" PRO.:EC:: ~iIT.¢G L~ELELO,Ia/A'.Sa/T D~ O~fi G/y'~/~CO~ESSioiv Pgo~EC: tocA:io`:: Sau7Nrd~sYG'D.«/~ o f~9f.ELi/i .Ds~E Hid L?6eys I. E`A'I3C;J'?')ITnL FACTS (Explanation of all "yes" and "maybe" answers a:e required on attach ed sheets). YES Ya1'O' 10 1. Soils and Ceo loan. Will the proposal have • sign i:ccanc resin cs in: a. L'ns cab le grow nd coodic io ns or in changes Sn ' geologic relatiens n ips? ~/ b. Olsrup:Sots, disp lac emencs, co¢pacc ion or burial of the soil? c. Change in topography or ground surface j con coot Snte rvals? / d. The destruc cfon, covering or mo dlflca[San of any un!que geo le g!c or physical features? ~' e. My potential increase Sn uind or voter erosion of soils, of fec[ing either on or off site sand icons? ~/ f. Changes Sn erosion siltation, or deposition? ~ g. Exposure of people or proper r: co geo'.e gic hazards such as earthquakes, landslides, ¢ud- alides, ground failure, or similar hazards? / h. M Snc cease Sn the race of exeractlun and/or acne cal resource? n ` f y use o a ~ 2. Hydrology. W£11 the proposal have signiflcanc zesulca in: 3st _,, ~~ ~" • • a. Changes in cu::ents, or ;he course of di: ec:ion of flowing screws, :Y:ers, or ep^=-era1 sc: ea^. ' chanre'_s? ~ b. Changes in ab so rpcico :a:es, d:arage pa:;e-ns, or t`a ra:e and acou^; of surface vacar / ra nc'f' c. Al;erat ions to the course or floe of flood vacea? ~ d. Change in the amowc of surface vacer in anp `' body of va ter? ,/ e. Discharge ln:e sur: ace eaters, or any alters cion of surface va ter quality? ~ i/ f. Alcera cion of groundvare- [harac;eti5 tl<s? / / g. Char.;e in the quanclcy of ground:+a cers, either through direct additions or vich- dravals, or ch:ough in cerference vi cb an aqu is er? Qua if ;y'. Quantity? / h. the redo cc ion in the actor,: of va ccr other- vise available for pub ifc vacer 5uppiies? _~/ i. Exposure of people or pre Percy co vacer related hazards such as flooding or seic hes7 J. Air Oualicv. Hill Che proposal have sign iff can: res ults in: a. Constant or Der iodic air emissions frog mobile i ar Sndlrect sources? ,/ Stationary sources? b. Decerio ration of ambient air quality and/or interference with the accai^menc of applicable air quality standards? _ _ ~/ c. Al ceraticn of local or regional cli~acic condi tors, affe r, ing air novemen c, mo's tune - or cecpe racu:e? - 4. Blcca Flora. Hill the proposal have sign if icanc results in: •~ a, Change in the cha racceris[ics of species, includf;,g dive rs icy, discr lbu cion, or number l of any species of plants? __ b. Reduction of the numbers of any un Sque, tare / or eedangered species of planes? / 3 ~ _. -_ . . CC ' i ___ • ~ c. Int:oduct SOn of nev oz d!srup clue soec!es of plant i s nto an area? / d. Redu<ci on Sa :he pocen tial for agr'_cult•a ral - ptoduct!on? __ / I__'~a• +ia the p:opo sa'~ have si g;;i: '_<anc resue - i^: ' a. Change in the character's Ccs of species , Snc1_d !ag divers ic;:, d!s: Cbu Can, or nu-6 ers of aa: spe cos of ar•iaais? / b. Reduction of cF.e nib ers of any unicue, rare or endangered species of an!_a ls? / c. Incrod uct!cn of nev ar disruv rive species of - ani_a1s isco an a: ea, oz resin: in a barr!er to the t:igra:ivn or rove:aent of ani_als? / d. Dec e: SO ration or re^ova'_ of existing fish or v11,:1!fe hab itac? / ~• Pv c'-iatian. Ni'_1 the aroposal have sign iflcanc results tn: C -'~ •` a• Ni11 the prvnasa ~. alter the locat!an di i , s t: - bu:ion, deasiq:, di•:ets ic.:, or grouch race of the ;.. ;n po p•al acia^ of an area? ' b. will the proposal after existing housing, or 1 create a de_and for addi ccnal housing? ` __ ~ 6. Soc ia-2cvn<~ic Fattars. pill the proposal have s ign.f icanc results in: a. Change Sn Local ar regional so cio-eco nooic _ charar eristlcs, Snclu ding econva is ar cocerc Sal diversity, tax race, and proper cy values? ~ ~ b. Nill project cases ".e equ!cably disrr!Suced among ptoj ec: benef iclaries, S.e., bu}•ers, / [ax pa}•ezs or p:ojec: users? // 7. Lan. !'se and °lars.ire C^^s'ae--••. s. Wi'1 the ~ p r,. ,.,.sz• nave s:gn:::can: resu: cs in! ~ a, q subscanc ial alteration of the re p sent of planned land use of an area? / ;. ~ 6. A conflict vlth any designations, obj ec[Sves, po11c1es or ada ted l / , p p ans of any governnencal encl:Ses? / s/ c. M 1©pact upon the qula ity or qua n[!ty of existing consuap[ive or ,non-consume clue ' recreational open rcunleiea? / ,~c• °- . ~ 8. Iransoor:a;ion, Afll the propo5a! ha•:e s!grS tic an; • resui :s in: a. Generation of subscan ciul add! Coral ceh!cu'_ar movecenc? ~' b. Effects an existing s;:e_cs, or de.a nd ?_, neu s[: eec cons::uc:io n? / c. EF £ec cs on ex is c!ng parking facili :i es, or demand for neu parking? / d. Suyscanc!al Smpac; upon existing c:anspoz;a- tion sys Gems? ~ -. / e. glee rac!ons [o pres enc patterns of circula- clcn or movement of people and/or goods? f. Alterations to or effects on pres e.^.r and pe cer.:la1 vale r-bo rr.e, rail, sass transit oz / air t:afEic? / g. Increases in tra."ic hazards to co cor vehicles, bicyclists or ped es t:ians? _ 9. Cul coral Resources. Will [he proposal have s ign cficane resui cs in: a. Adis cozy ante to the in:e gr icy of a rhaeoloeical, / pal eontologlcal, and/or his ca ri cal :es ources? -- ,/ 10. Health, Safecv, and :;u isa~ce p3 G[0^5. All. the proposal have signiiicar.c :esu!rs in: a. Creation of any health hazard or po eenelal health hazard? _ ~_ V b. Exposure of people co potential health ha :ardsl __ c. A risk o£ explosion or release of ha zar'_ous / substances in the even[ of an act !ie nc? -_- f d. M increase fn the ouch er of lndiv ldua is of specias of vector or parhenegeriz organisms or [he exposure of people co Such e. Increase in exis clog noise levels? __ ~/~ f. Exposure of people eo poeencla lly dangerous noise levels? ~ E g. Phe creation of obj ectfonahle ode rs? _- h. M Sncrease in light or glare? ..__ '34/ ,`}' ' _ :~~ ~ 11. Aes ch ec!c s. AS11 [he proposal have sig.^.Sf lc an[ • resin cs Sn: a. The obr, rue !on or degrada eton of any scenic vista oz view? % / b. 1'Se c:_ar!cn of an aes che[!~ally offensive si[e' c. A <onf lit: vith the obj ec ti•:e of desl3naced or po cencial scenic carrldo rs? 12. Uc11ic!es and Public Ser~ic~s. 4f11 Che proposal have a sign:f iron[ need for nev sysceos, or al cezacicns co the folluving: a. Elect zit pover? ~ / b. Na rural or packaged gas? _^ c. Co-unica-ions sys[ev5? / d. Hater supply? ~ ~ ,j./ e. Aascevater facill [f es? _/ •~ f. F1 ood control sc: ucc ores? g. Solid vas ce facilir!es? y/ h. Fire pro[ecc ion? / i. Pa lice Fro cecclon? / ~. Schools? / k. Packs or ocher zeczeacional fat Slicl es? J/ 1. Na Sncenance of public fat S11[Ses, including roads and flood control Eac S11 [1 es? __ / m. Ocher gover;:.:encal services? ~ __ ,/ 17. Enercv and Scarce Resources. pill the prop [sal have s:ga:f icon[ results cn: a. L'se of soh sc an c al or e.-.c ess ice [uel or energy? b. Sub sc ancial Increase in de: and upon existing ~ / / 6ou r<es of energy? _ ~~ t. M Increase in Che deaand for developaent of nev sources of energy? d. M lnctease or perpe cuacion of the consumption of non-renewable Forms of energy, vhen feasible / ' Canewable sources of energy ate available? ~ _~/ 3a7_ ~ c~ e. Substanclal depletion of any nonrenewable or scarce natural resour.e? 14. Mavda[orv Findinxs of Six^if icance a. Does the project have [he potential W deg race the quail [y of the envi convene, subs:ancialiy reduce the hob itat of fish or wildlife species, cause a fish or vlldlife population co drop b elov self sus coining levels, threaten eo elivina ce a plant or aninal cor~unlty, reduce the nuvber or restrict the range of a rare or endangered plane or aninal or el ivinace ivporcanc exavples of the vajor periods of California his Cory or prehistory? b. Does the project have the Docential co achieve sho r-ten, co the disadvantage of long-ce n, enviro :wen cal goals? (A sho rc-tern Svpacc on the envl:onaenc 1s one which occurs Sn a relatively brief, def inicive period of cave while long- er ivpac:s will endure yell Sn co the future). pdy'2 5 Y_S .."ay3E _0 /• c. Does the project have lvp acts vh ich are individually liviced, 6uc cumulatively • considerable? (Cuvulac ively eonslderable means that ehe increeen[al effects of an ind i•: ideal project are considerable when viewed !n corneccion with the eff eccs of pose projects, and probah le future pzoj eccs). __ .~ d. Does the proj etc have enviro^vent al effects uh ich will cause subscan cial adverse effects on huvan beings, eich er directly or Sad izec cly? II. DISC?'SSFOV OF E.\°;IB04~`:TAL ~VALL'~TLO)I (i. e., of af.`ir-_a cave answers to the above ques [ions plus a discussion of proposed vicigacion veasures). r~ l 3 63 \~ l .a¢e ; On the basis of this Snicial evalca clon: Ca/I find the proposed project COCLD VOi have a sigaif is ant effect //II on the envi:o^.:ent, and a \EC.::I':c n~C~i4iI0y vil: be prepared. _ I find that al:h ough the proposed p:oj ecc could have a sl7aif knot effect on the envira:.aent, [here will no[ be a slgniiican: effect L_.7 in ch is case because the nltiga [ion neasures des[rived on an attached sheet have been added to the proj ecc. A yEOATI'.= DECL+'uZ1TI0:7 HILL EE PRE?AnZ°D. I find the proposed proj ecc u;? have a sid nla ca::= .:ier on the ~I envi::.nenc, and an E:p: id0:~ ~\i D~ACT RE?OST 15 :eGu:: ed. Dale 'y -2 ~f-Y S~ ~~ ..<:~ SGi,na~c~u/~:e TIt1e 3~Y ~ ~ • ATTACNMENT: DI SCUSS[0Y OF ENVIRONMENTAL EVALUATIOA 26. A change of district designation to office/professional will facilitate the development of office building, thereby creating additional impervious surfaces, increase the amount of surface run-off, and effectively diminish absorption rates. All drainage will he directed toward the street and will be under the control of the City Engineer. JA. This proposal will alter the existing land use from Residential to Office/Professional. However, this change will bring the existing zoning into conformance with the adopted General Plan. In terms of long range impacts, this change could conceivably facilitate similar incremental zoning requests and significantly alter the planned land use in the area. • BA,B,C. The project proposal will generate additional vehicular traffic from future office uses and will create a demand for new parking. Additionally, the proposal may create hazards for motor vehicles, bicyclists, and pedestrians due to limited horizontal site distance. IOL. Project will increase the amount of light and glare greater than what is presently on-site, however, no greater than similar office uses. • 3c r • ORDINANCE N0, i~6~5-B~~B ~Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208-593-10 LOCRTED ON THE SOUTHWEST CORNER OF BASE LINE ROAD ANO BERYL STREET FROM LOW RESIDENTIAL (2-4 DU/AC) TO OFFICE PROFESSIONAL. • The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held fn the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the o6,iect fives of the Development Code of the 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 Number 208-593-10, approximately 0.17 acres in size and located on the southwest corner of base Line Road and Beryl Street, is hereby changed from Law Residentiai (2-4 du/ac) to Office/Professional. SGc rimv nc+ n n w+r vn nr •r ~ s,rn~+n ~ STAFF REPORT DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician ~.~,...~.r U T 9 ~; x! , 'a r 6 ii 19" I • SUBJECT: OROERiNG THE WORK IN CONNECTION WITH RNNEXAT ION N0. 10 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 AND ANNEXATION N0. 8 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 FOR TRACT NOS. 11893, 12801-1, 10035 AND 12590-1 THRU 6 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 10 to Street Lighting Maintenance District No. 1 and Annexation No. 8 to Street Lighting Maintenance Df strirt No. 2 for Tract Nos. 11893, 12801-1, 10035 and 12590-1 thru 6. The developers of these tracts have been notified of the puhlic hearing by mail. The attached resolutions also approve the Engineer's Reports which were tentatively approved by Resolution No. 85-135 and Resolution No. 85-138 on May 1, 1985. RECOMMENDATION it is recommended that City Council approve the attached resolutions ordering the work in connection with Annexation No. 10 to Street Lighting Maintenance District No. 1 and Annexation No. 8 to Street Lighting Maintenance District No. 2 and accepting the Engineer's Reports. Resp tfully submi ted, ~. ~~ ' L ~B a a Attachments 3~7 CITY OF RANCHO CUCAMONGq • Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 10 Tracts 11893, 12801-1, 10035 and 12590-1 thru 6 SECTION 1. Authority far Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance District No. 1. The City Council has determined that the street lights to be 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 • arterial and certain collector streets. Improvement maintenance is considered of general benefit Lo all areas in the District and cost shall be divided on a per lot basis. in the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SE ~T IUN 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in [he 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 df str ict include: 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 is 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. 3LP The estimated total cost for Lighting Maintenance District No. 1 (including Annexation No. 10 comprised of 286 lots and 4 9500E street lights and/or 7 5000E lights) is shown helow: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** L •9 5800E 122 8.75 *High ressure Sodium Vapor Lamps Rate Mo's Total 192 X 9.90 X 12 = 522,809,60 122 X 8.)5 X 12 512,810.00 2. Costs per dwelling Unit: Total gnnu al Maintenance Cost 35,fi19,60 =5.78/year/unit No. o Units ~n Oistr ct 6,160 • 5.78 divided by 12 0.48/ma./unit Assessment shall apply to each tot 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. 10. 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 proportional 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 adapts Resolution of Preliminary ADProval of City Engineer's Report. 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. ~G9 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 CouncS 1. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessmenr.s. • • 370 ExN1s1T ^A^ • Properties and improvements to 6e included within Annezat ion No. 10 of Street lighting Maintenance Qistrict 1: Tract No. 11893 Tract No. 12801-1 Tract No. 10035 Tract No. 12590-1 Thru 6 Lots Lights 35 S (5000) 33 2 (5800) 38 0 180 4 9500 ~'$b' ~?/ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 APJNEXATIOIJ NO. 10 ,,jy"~"~?:, CITY OF RANCHO CUCAMONGA w ,;^„j:~ T COUNTY OF 3AN BERNARDINO , \ ~; '~~' `~ STATE OF CALIFORNIA ~~. 6 ~ N '~n LLDYD HU889 CITY ENGINEER RCE 23989 DATE .,. --: I --. .a . I r DaSa • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 O a ~ 5' R~~'v'i ~ \ ... .. -----~ t'i jr~\' -. ~lr. ;; ~ 1 Y ~ ~ ..A ~ ,I \\ ~~. A~~ \.. .~,`. ~ _ .\ % ~ ~. r+_ y ._S_I_- _~r--. ~~_ l ' E 1 . ~. ~,µ.,, F' r . .k«-~- 1 r~r,~~~~: y / r ~. f r~. i `,I a ~.i o°i"-'`''^ CITY OF RANCHO CUCAMONGA Si , ~~ .~ ,~,i?: ~ = COUNTY OF gAN gERNARDINO e, ~,.. h .~ ~' ",~ STATE OF CALIFORNIA VI ~ 19T/ title; A ~ecc-No: ` 11893 N P~6e ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • AC~NEXATION NO. 1 0 - __" ~, ~' ~`± i6 I 1 it~~ I~~~'~1~. _ I ~,~f.``~"°t^ CITY OF RANCHO CUCAMONGA A title; _ ~;~,L ~~ ~ COUNTY OF SAN BERNARDINO , ` Tre ~,~`~ ~ 3TATE OF CALIFORNIA - > - ~=~ LLOYD MUBSS,.CITY ENGINEER R.^'" ~ ~- PaIR ASSESSMEWT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 0 ~-..~. ...r--- --- .. -----'---- _ ~~ T -- -- ~ E ~ I :r _ ! { ~ ~ ,_ I,1 y. 3 g Y E ~ i~ ~. ~r~.-- ~~ t ~ J ,. _ _ _ . ~~ f,,,.', •.-. - -~ i ~o°i"~~"`o~ QiTY OF RANCHO CUCAbIONGA A title; ='r._,,L: ~ = COUNTY OF SAN BERNARDINO / \ ?i~ ~v%' ~ ~~ ~~ '~' Z STATE OF CALIFORNIA - Frn ' LLOYD HU89S CITY ENGINEER RCE 23889 DOTE Pa8e -- ~7r • RESOLUTION N0. EW-nc T~ $s-I~ /~7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 10 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 11993, 12801-1, 10035 AND 12590-1 THRU 6 WHEREAS, the City Councii of the City of Rancho Cucamonga did on the 1st day of May, 1985, adopt its Resolution of Intention No. BS-136 to order the therein described work in connection with Annexation No. 10 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 85-136 was duly and legally published in the Lime, 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 numher as required by law, as appears from the Affidavit of Posting said notices, on fife 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 he assessed for the improvements described in said Resolution of Intention No. 85-136 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 Afff davit 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 Lo be derived therefrom and said City Council having now acquired Jurisdictf on 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. 85-136 be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; a~- 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 ave peen occupied. ~~~ ~~.. CI1Y OP RANCHO CUCAMON GA • Engineer's ~4eport for Street Lighting Maintenance District No. 2 Annexation No. 8 Tracts No. 11993, 12801-1 and 10D38 SECTION 1. Authority for Report This report is in compliance with the requirements of Rrt is le 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). 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 be 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 estahlished 6y 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 basis. 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 specifications 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 6y 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 apart of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing far the illumination of the subject area. SECTION 4. Estimated Costs Na costs will be incurred for street lighting improvement construction. A11 improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs far assessment purposes wfll 6e as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. X77 The estimated total cost for Lighting Maintenance District No. 2 (including Annexation No. 8 comprised of 106 lots and 44 street lights) is shown helow: 1. S.C.E. Maintenance and Energy: Lamp Size* pu antity Rate** L *High ressure o ium Vapor **SCE Schedule LS-1. All night service per map per month, effective January 1, 1983. Lam s Rate Mo's Total 471 X 8.15 X 12 = 50,085.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost 50,085.00 =105/year/unit No. a Units in istrict 417 105 divided by 12 8.75/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 lake led "Street Lighting Maintenance District No. 2", Annexation No. 8. 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 unft. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional 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, 379 • 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 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. • ICJ X79 EXHIBIT "A" • Properties and improvements to be included within Annexation No. 8 of Street Lighting Maintenance District 2: Lots Lights Tract No. 11893 35 17 (5800L) Tract No. 12801-1 33 11 (5800L) Tract No. 10035 Total ~8 ~ (SSOOL) J • 3 8~ • RESOLUTION N0. E86-B5-24R- 8~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY DF RANCHO CUCAMONGA ORDERING THE WORK IN CDNNECTION 'WITH ANNE%ATION N0. 8 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 11893, 12801-1 AND 10035 'WHEREAS, the City Council of the City of Rancho Cucamonga did on the 1st day of Mdy, 1985, adopt its Resolution of Intention No. 85-138 to order the therein described work in connection with Annexation No. 8 to Street Lighting Maintenance District No. 2, which Resolution of Intention No. 85-138 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 6e assessed for the improvements described in said Resolution of Intention No. 85-138 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 fiie 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 Lhe benefits to he derived therefrom and said City Council having now acquire) jurisd ict~i on to order the proposed work. SECTION 1: It is hereby resolved by the City Council of Lhe 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. 85-138 be done and made; and SECTION 2: The Report filed 6y the Engineer is hereby finzlly approved; a~- SECTION 3: The assessments and method of assessment in the Engineer's epor+: are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said tracts~e been occupied. / ;. ~. 3 d/ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ACJNEXATION NO. 8 I ~g , .._ ~ ,~ ~'• _ ~ . a ., -- IE ... - - ~ _.. - - - -- - - - ~ _ ~ _I ... __.. _ _ '^'I I . , I I, ! + - ' .. ~ . ~ ~ / ~ • • ~ ,_. ..._. ..... i _... _.. _. _ _. ._ _.,•._..f_ ..... ~ ~I , 3 ~? ~~ 3+ ~"~ .od°4° ,~ "` "'° CITY OF RANCHO CUCAMONGA =yr~;~,4;• \~ COUNTY OF 3AN BERNARDINO 51 '~~ Z STATE OF CALIFORNIA _wn LLOYD HUBBS CITY ENGINE'cR P~ ~~ N E23889 DATE PaSe ASSESSMENT DIAC,RAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 • ANNEXATION NO.8 r i ,. i ~, '~'•~, .l. ~. ~~ ;~'~ ''~Y ,~i. ~•i; ~ ~. ~'(/'a. ~` ~~,~oy~O~':~ CITY OF RANCHO CUCAMONGA tlcle; s .,,,~ ~>. COUNTY OF SAN $ERNARDINO n rr, w~-\, r: STATE OF CALIFORNIA ~,~ N VI y 1171 11l1VflVIIppG fI1VGldflUC~p prp9itiiio l1ldC D°Se ASSESSMENT DIAGRAM . STREET L-GHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 8 ~~~~~~~ o° '. ',, :r , _:~~,- _ iYP ~ _ ~+ a 1 F 2 U1 y im -~- ~, s,' .,t -- --- ~ ,~ ~.., ~~ l ~' ~~, , ~x , f;; I / ~~r..:~~; ;o' ../ u' l J.. I ~. al. ~Y f ~,~ 1~= _- t ---1", ~~ ih CITY OF RANCHO CUCAMONOA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ~ T i tlvn uuaoe rirv rnm u,icee ~... .,...,... -._~ 1_ ', ' Pa8e nrmv nc n w wrn nn nr n . ~.rn~.n . STAFF REPORT 2G--pp ~,~....:n0 Y'r, / YI: ~'' • DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician ~9~- SUBJECT: OR OERI NG THE WORK IN CONNECTION WITH ANNEXATION N0. 23 FOR TRACT NOS. 11893, 12801-1 AND 10035 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 23 to Landscape Maintenance District No. 1 for Tract Nos. 11893, 12801-1 and 10035. The developers of these tracts have been notified of the public hearing by mail. The attached resolution also approves the Engineer's Report which was tentatively approved by Resolution No. 85-133 on May 1, 1985. RECOMMENDATION It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 23 to landscape Maintenance District No. 1 and approving the Engineer's Report. Respectfully su6~hitted, ~! ~ /, ~~~' Atta hments 3g s CITY OF RANCHO CUCAMONGA Engineer's Report for • ANNEXATION N0. 23 to Landscape Mainten anre District No. 1 Tract Nos. 11893, 12801-1 and 10035 SECTICN 1. Authority for '?port This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways 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 6e maintained will have an effect upon all lots within Tract Nos. 11893, 12801-1 and 10035 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 the City of Rancho Cucamonga. SECTION 3. Plans and Specifications • The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract Nos. 11893, 12801-1 and 10035. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the sub,iect Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made apart 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. R11 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 (8.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. • 38~ • The estimated total cost for Landscape Maintenance District No. 1 (including Annexation No. 23 comprised of 3683 square feet of landscaped area) is shown below: Total Annual Maintenance Cost E.30 X 56,8186 square feet = 170,455.90 Per Lot Annual Assessment 170,455.80 divided by 5217 = 32.fi7 Per Lot Monthly Assessment 32.67 divided by 12 2.72 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 designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall 6e reduced. 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. Assessment Improvement for Annexation No. 23 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 which are to be recovered through assessments as required by the Landscape and Lighting Rct 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 Reoort. 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. 38j ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 23 _. 1 T ~ ' I ` F -. ! I.i g' 'II i ~i ~- ~I _ 9 ,c~ " ;,~ CITY OF Rt11CH0 CI;CA,YIONGA '> Tract No. ~ 'T341~ 12801- > ~ +A ENGINEERING DIVISION y~ nn "' VICINITY i•1.\P N PaSe ]8d -- • • • ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 23 ,; " _ ~ ~ i ..,'~ u ~ ~_ -~ ~ ~ ~ \ t L / l ii / ! 1 ~ ~ ~` / 1 I F/' ~ t^ ~ ~ ~ y J -- ~..~ / ~ ~ ;~ ~ \'~\• ~ ( :`a'te ~- ~1• ~ ~ /~-4-r' } .l_~' .ii .j ~;'J:; ~u ~ ~i~ s~~~ ~ ..,:,,~ c[T~' or R~~~ci [o ccc~,~IO~c~, w ,_` "r„'~ \= ~\ Tract No. ~~,r.Y~ ";; ENGINEERING DR'ISION 10035 ~~ ~~ a' VICINITY i\l;\P N wn page 7 ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 23 ~ ~\. ~•~ ~.;~- ~ \ r ~\ -= ~' .-: ~ y~ `.o, !R. --.--- .a ~~_. ..i d • FH' °~:.;. CITY OF RAKCHO CC'CA,tiIONGA w tract No• y~ 7:>k~~, ~,~ 11A93 ~~ ~~~ ~~j,'}~~'{ '~~ ENGINEERING DIVISION "'-- ` °Y VICINITY ~~tAP N wn page RESOLUTION N0. °"'-re-.".o~ ~'R p~ -:~ ~ y~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK iN CONNECTION WITH ANNEXATION N0. 23 TO LANDSCAPE MAINTENANCE 0[STRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 11893, 12801-1, 10035 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 1st day of May, 1985, adopt its Resolution of Intention No. 85-134 to order the therein described work in connection with Annexation No. 23 to Landscape Maintenance District No. 1, which Reso l:lt ion of Intention No. 85-134 was duly and legally puhlished in the time, form and manner as required by law, shown by the Affidavit of Pub1 i^_ation 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. 85-134 accordfng 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: tt is hereby resolved by the City Council of the City of Rancho rucamonga 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 Nc. 85-134 be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is hT--erne y 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-i aft~0 percent of said tracts have been occupied. ~,~ 39/ • • • CITY OF RANCHO CLCAMONGA STAFF REPGRT DATE: dune 5, 1985 T0: City Council and City Manager FROM: Lloyd 6. Hubbs, City Engineer BY: Linda Beek, Engineering Technician ~v cs.aq~ t~ ~ %i > >, x' ~'- %" `+W iz 19" SUBJECT: ORDER [NG THE NORK IN CONNECTION WITH RNNEXATION N0. 1 FOR TRACT NOS. 12365 AND 12590-1 THRU 6 TO STREET LIGHTi NG MAINTENANCE DISTRICT N0. 4 (TERRA VISTA PLANNED COMti"!riir; Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 1 to Street Lighting Maintenance District No. 4 for Tract Nos. 12365 and 12590-1 thru 6 located in the Terra Vista Planned Community. The developer of the tracts, Lewis Homes, has been notified of the public hearing by mail. The attached resolution also approves the Engineer's Report which was tentatively approved by Resolution No. 85-144 on May 15, 1985. RECOMMENDATION It is recommended that City Councii approve the attached resolution ordering the work in connection with Annexation No. 1 to Street Lighting Maintenance District No. 4 and approving the Engineer's Report. kespe~[tfully subm~tted~,I BHGL~ J / n V Attachments 391 CITY OF RANCHO COCANONGA ~ Engineer's Report far ANNEXATION N0. I to STREET LIGHTING MAINTENANCE OiSTR[CT "!0. 4 Terra Vista Planned Community Tract 12365, Tracts 12590-I, -2, -3, -4, -5, -6, park, and street right-of-way SEC7[ON I. Authori tv for Renort This report is prepared in Compliance with the ;syuiremenis of Article a, Chapter 1, Division 15 of the Streets and Highways Code. State of Ca~ifnrnia (Landscaping and Lighting Act of 1992). SEC TICN 2. Ger era) Description Street Lighting Maintenance District Yo. 4 (the "District") provides fnr npe rati on, servicing, and maintenance pf street lights on local and collector s *.reets and secondary arterials (except Church Street) in the Terra Vista Planned Community. All residential developments in Terra Vista are to be annexed to the District pursuant to Ordinance No, 190; areas to be maintained which lie outside residential developments are also to be annexed fnr mainte- • nonce purposes. This Annexation `lo. L annexes to the Ois*_rict the fpllowirg areas: • Tract No. 12365 (270 multifamily dwellings) • Tract Nos. 12590-1, 12590-2, 12590-3, 12590-4, 12590-5, and 12590-6 l total 180 single family dwellings) • Northwest ne ighborhopd park (Lot 1, Parcel Map No. 8842) and trail • Terra Vista Parkway right-of-way (south half) from Spruce Avenue to Church Street SECTION 3. Plans and Specifications The plans and speciff ca Lions for street lighting have been prepared by the developers. The plans and specifications are as stipulated in the con- ditions of approval for the development and as approved by the City Engineering Div isian, Reference is hereby made to the subject tract maps or development plans and the assessment diagrams far the exact Location of the street liahti,~.- areas, the plans and specifications for street lighting imD rovemen Es are hereby made a part of this report to the same extent as if said plans and specifications were attached here*.o. • 393 6~ SECT:O.'I =. Estimated Cos*.s • No casts will be incurred for strert lighting ill b u t d b l t d O constru ctinn. All improve- men w e cons ruc e eve y opers. a sod on available data, it is estima *.ed that maintenance costs fo r assessment pu rouses will be a5 set forth below. These costs are estimated only; ac tur,l as sessments will be based on actual cast data. The estimated annual maintenan ce cast for Annexation `lo. t is as follows based on high ^ressu re sodium vapor lamps: 5800 Lumen 9500 Lumen Street Ligh is Street Lights Tract 12365 and T.V. Pkwy. 5 17 Tracts 12590-1, -2, -3, -4, -5, -6 50 5 Local park (Lot 1, PM 8842) and adjoining trail 0 2 Total lights 55 24 SCE monthly rate, x 58.15 x 59.90 maint. and energy ' • Months per year x 12 x 12 \ Totals 45,15 S?,E 51 TOTAL ANNUAL COST $8626 The estimated total annual mainterance cost, and estimated annual assess- ments, for the District after Anre xa tion Nn. 1 are as follows: after initial Added by formation of Annexation New total District No. 1 for District Total estimated annual maintenance cost S 7,875 5 8,62fi 316,501 Assessment units: 1 per single family dwelling unit 245 180 425 0,5 per multifamily dwelling unit 76 135 211 32T 3T5 333 Assessment rate: Total cost + ass'!. units = assessment per asst unit 4 7.4.53 S 25.94 79Y Assess.-ent shall apply to each rosiden *.ial dwelling as em~me ra ted in Section 6 and the attached Assessment Diagram. • SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this reap rt and by this reference is hereby incorporated within the text of this report. SECTION 6. Assessment Maintenance costs for the entire District are found to be of specific benefit to all developed residential property within the District in accor- dance with the following re tationship: Land Use Assessment Units sng a amity residential dwelling --I'unit '- Multifamily residential dwelling .5 unit The City Council will hold a public hearing in June 1985, to determine the actual as;es5men is based upon the actual casts incurred by the City during the 19&9/85 fiscal year. SECTIGN 7. Order of Events I. Ci[y Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's • Re po r*., 3. City Council adopts Resolution of Intention to Annex to District and secs public hearing dates. 4. City Council conducts public hearing, considers all testimony and deter- mines to annex to the District or abandon the prat eedinps. 5. Every year in May, the City Engineer fires 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. C~ ~~ ASSESSMENT DIAGRAM STREET LIGHT MAINTENANCE DISTRICT NO. 4 TRACT NO. 12365 & LOT 1 OF P. M. 8842 & ADJOINING TRAIL aKW pY Pp T£RRp N15Zp ~a ~ n ~ ~ LOT 1 OF P.M. 8842 W [} w~~b~ o ~ TRACT 12365 ~~ CV's aoa C~ a~ as ~ a ~,~~ MOUNTAIN pis diagram is for maintenance district assessment Informatio ~,~`"""0+~~ CITY OF RANCHO CUCAMONGA `I`MP' ~' ~ ;,. ~ `L COUNTY OF 8AN BERNARDINO V; _ 4' STATE OF CALIFORNIA ~ T _ L t'^'~ ILOVO HUB?5 CITY ENGINEER q CE 23999 OI+TE 1V Pig°- ~9~ ASSESSMENT DIAGRAM STREET LIGHT MAINTENANCE DISTRICT N0. 4 TRACTS 12590-1 TiiROUGH 12590-6 .... ~,~. ~.o This diagram Is for maintenance district assessment Information only. ~~7 • ASSESSMENT DIAGRAM STREET LIGHT MAINTENANCE DISTRICT N0. 4 SOUTH SIDE TERRA VISTA PARKWAY PORTION SASE LIME IIOAD W 12716 < 12364 ~ 12319 12717 qKW A~ t pA 2 W ~,~P = J\ 12718 STREET LIGHT MAINTAINENCE e~ SOUTH SIDE OF ~~c TERRA VISTA PARKWAY This diagram is for maintenance district assessment Information onl . ~~. ^"~;;~ CITY OF RANCHO CUCAMONGA `"IP' ~' ~ ',. `-_ COUNTY OF 8AN BERNARDINO n - ._ L, ~ y; STATE OF CALIFY)RNIA ~ T 6~ 1 l~f D~Be Ll0Y0 NUBBS CITY ENOMEER RCE23889 DATE ~9g RESOLUTION N0. f96=95=2tR 8s -~ • ~g O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 1 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 4 (TERRR VISTA PLANNED COMMUNITY) AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12365 AND 12590-1 THRU 6 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 15th day of June, 1985, adopt its Resolution of Intention No. 85-145 to order the therein described work in connection with Annexation No. 1 to Street Lighting Maintenance District No. 4, which Resolution of Intention No. 84-145 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 Llerk; 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. 84-145 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 Cfty 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. 84-145 be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; a~- SECTION 3: The assessments and method of assessment in the Engineer's e- pyre hereby approved. SECTION 4; The assessments shall not begin until after 60 percent A of said tracts ave been occupied. °,'~ i --., __ 349 nr snnn nnn nnn,unvne n L J DATE: T0: FROM: BY: SUBJECT: June 5. 1985 STAFF REPORT City Council and City Manager Lloyd B. Hubbs, City Engineer Linda Beek, Engineering Technician .Z~ ~` ~...,~tC9 ~' , ~~,; ~~ , ~ ~~ - ~ z !2 1977 ~ ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 1 FOR TRACT NOS. 12365 AND 12590-1 THRU 6 TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 (TERRA VISTA PLANNED COMMUNITY) Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 1 to Landscape Maintenance District No. 4 for Tract Nos. 12365 and 12590-1 thru 6 located in the Terra Vista Planned Community. The developer of the tracts, Lewis Homes, has been notified of the public hearing by mail. The attached resolution also approves the Engineer's Report which was tentatively approved by Resolution No. 85-142 on May 15, 1985. RECpMENDATION It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 1 to Landscape Maintenance District No. 4 and approving the Engineer's Report. ~R~tfully su mitted, V ~ ~~ LBH~L :jaa ~, Attachments C~po CITY OF RANCHO C'JCAMONGA • Engineer's Report far ANNEXA`0'I ~:0. 1 to LANDSCAPE MAI!:TEiIANCE CiSTRICT I10. 4 Terra Vista Planned Community Tract 12365, Tracts 12590-1, -2, -3, -4, -5, -6, park, and street plantings SECTION 1. Au thori tv far Peoort This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division IS of the Streets and Hinhwavs Code, State of California (Landscaping and Lighting Act of 19A7 ). SECTION 2. General Description Landscape Maintenance District No, 4 (Lhe "District"1 maintains stree? plantings, parks, trails, and similar areas throughout the Terra Vista Planned Community. All residential developments in Terra Vista are to be annexed ro Che District pursuant to Ordinance No. 190; areas tp be maintained which lie outside residential developments are also to be annexed for maintenance purposes. This Annexation Pln. 1 annexes to the District the following areas: • Tract Ilo. 12365 (2.70 multifamily dwellings) • Tract Nos. 12590-I, 12590-2, 12590-3, 12590-a, 12590-5, and 12590-6 (total 180 single family dwellings) • Northwest ne ighbprhood park (Lot I, Parcel Map ."!n. 8842) and trail • Gateway planting at southeast corner of Base Line Rcad and Naven Avenu? • Median planting in Base Line Rnad from Haven Avenue to a point 2,077 feet west of future Milliken Avenue • Median planting in Haven Avenue from Base Line Rnad to Church Street All lands ra ped areas to be mainta inPd in the gone zed traCS are shown nn the tract mans (cr by separa*.e instrument) as roadway right-of-wav, Aedica- tions, or easements ?o be granted to the Ciry of 2a ncho Cucamrn qa. SECTION 3. Plans and Specificati„ns The plans and sDecifica [inns for the landscaping within residential tracts have been prepared by the developer and have been ono roved as part of • the improvement plans for those tracts. The plans and specifications are in ti ni(u told race wiLll ChB rPl dnlliny GUlnml»iun c0 radii ions BT dpprOVd 1. Plans and specifications for landscaped areas outside residential tracts have been separately prepared by the develnpe r, - y0/ Reference is hereby made to the subject tract maps and the assessment • diagrams for the exact Inca tion of the land s ca oed areas. The plans and specifications by reference are hereby made a p art of thi s report t o the same extent as if said plans and specifica tions were attached hereto. SECTION 4, Es tima~ed Costs No costs will be incurred for constructi on. All imo rovements will be constructed by developers. Based on historica l data, contract ana lysis, and developed work standards, it is esti mated that maintenan ce costs f or assess- ment purposes will he as set for±h below. Th ese costs are estim ated only; actual assessments will be based on a ctual cost data. The estimated annual maintenance cost for Pnnexation Plo. 1 is as follows: Pkwys R Trails & Street Pa rk,s GatP.Vld yS Greenwys Median sa Trres Tract 12365 -- 17.,250 Incl. 2,720 74 trees sq. ft. sq. ft. Tracts 12590-I, -2, -- 31,575 4,180 4,450 365 trees -3, -d, -5, -6 sq, ft, sq. ft, sq. ft. Local park 5 acres Incl. 9,935 -- 33 trees (Lot 1, PM 88421 sq. ft, • and trail Base line Rd. median -- -- -- 16,800 95 trees sq. ft. Hr.ven Ave, median -- -- -- 13,975 90 trees sq, ft. Gateway a*. Haven -- 10,000 -- -- -- and Aase Line sq. ft. Total areas 5 acres 53,825 1ay15 37,945 657 trees Unit cost (annual) 55,000/ 35c per 35[ per 15C per q5 per acre sq. ft. sq. ft. sq, ft, tree Totals SOn 51§38.75 54~94U.25 55~691.IS 53285.00 TOTAL AM \'!;PL f,OST S3~,j 55.75 anted ions in perimeter ma for arterials ad,inininq pr,^.perty owneA by others ara shown at ha if ar fiial area, bPark maintenance cost i5 already included in the estimated costs of the District as initially formed. yo ~- The estimated total annual maintenanre cost, and estimated annual assess- ments, for the District after Annexation No. 1 are as follows: After initial Added by formation of Anr.e xation • New total District Nn, l for District Total estimated annual maintenance cost 5 69,400 $32,755.75 $102.155.75 Assessment units: 1 pPr single family dwelling unit 245 1~0 4?5 0.5 per multifamily dwelling unit 76 135 211 Assessment rate: Total cost ~ ass't. units = assessment per asst uni t 5216,20 $160.62 Assessment shall apply to each residential dwelling as enumerated in Section 6 and the attached Assessment Dizgram. SECTION 5. Assessment Ciaqram A copy of the proposed assessment diagram is attached to this report. By this reference the diagram is hereby incorporated within the text of this • report. SECTION 6. Assessment Mainte^.a nce costs for the entire District are found to he of specific benefit to all develaped residential prooerty within the District in accor- dance with the fallowing relationship: Land Use - Assessment Units Sing a amily residential dwelling 1 unit Multifamily residential dwelling .5 unit The City Council will hold a public hearing in June. 1985, to determine the actual assessments based upon the actual casts incurred by the City durino the 1984/85 fiscal year. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolutien of Preliminary Approval of City Engineer's Report. 3. City Council adept; Resolution of Intention to Anrex to District and sets public hearing dates. 4. City Council conducts public hearing, considers all tes timnny and deter- mines to annex to the District or abandcn the proceedings. • 5~ C~mry year .,, Myy~ fho r:hy Fnn:nmr fi iet a rn pn rt ~~i1h tha !':.y COUOCII. 6. Every year in June, the City Council conducts a puhlic hearing and approves, or modifies and approves the indfv idual assessments. yo.7 ASSESSAAE~IT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 TRACT N0. 12365 & LOT 1 OF P.M. 8842 & ADJOINING TRAIL /////////. GROUND AND TREE MAINTENANCE V 'fERaA~~j ~ /~' Q rf/~/" ~ ~a ~ ~f /LOT 1 OF P.M.8842 ~Q :~~~ a~ a ~~ a ~~ ~ TRACT 12365 ~~ ~ ^~ a L6 J2 h L~~ Ln I a ~ ~~ 8 ~~ MOUNTAIN ~'fhis diagram is for maintenance district assessment Information only. ~`'``'`-==9,~ CITY OF RANCHO CUCAMONGA a°.- , ~' _',. ~~~~ COUNTY OF SAN BERNARDINO ~'~ ~Z-YL,"' '~ t3TATE OF CALIFORNIA ~d ~> 1171 i i rnn MIR55 CITY ENGINCER R CE23R99 OGTE yoy ~o~ ~~ ~n ~~~1 ^ title; ~' 3 N page , ASST=SSME~IT DIAGRAM LANDSCAPE iiAAiNTENANCE DISTRICT NO. 4 TRACTS 12590-1 THROUGH 12590-6 ---=-~~ Ground and Tree Maintenance Tree Maintenance Only (This diagram Is for maintenance district assessment Information only. ire ""'~~~ CITY OF RANCHO CUCAMONGA '"IP' ~~~,~ COUNTY OF BAN BERNARDINO €; ji~c STATE OF CALIFORNIA wVT un i ~ nvn uiaac crcv curuirco o rc Dinee near 1' G°B~_. Noi • ASSESSIAENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 MEDIANS AND GATEWAY PLANTING IN BASE LINE ROAD AND HAVEN AVENUE /////////. GROUND AND TREE MAINTENANCE BASE LINE ROAD i i i vi 12316 a 12364 ~ U f ~ / ~Y ~ 12319 W 12317 i Z <~ S~ I 12318 I I his diagram Is for maintenance district assessment Information only. yon • RESOLUTION N0. X06-05-208 gs A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION 'NITH ANNEXATION N0. 1 TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 (TERRA VISTA PLANNED COMMUNITY) AND ACf,EPTING THE FINAL ENGINEER'S 0.EP0RT FOR TRACT NOS. 12365 AND 12590-1 THRU 6 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 15th day of May, 1985, adopt its Resolution of Intention No. 85-143 to order the therein described work in connection with Rnnexation No. 1 to Landscape Maintenance District No. 4 (Terra Vista Planned Community), which Resolution of Intention No, 85-143 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. 85-143 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 aDPears from the Affidavit of Mailing on fife 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. 85-143 be done and made; and SECTION 2: Re it further resolved that the report filed by the Engineer ~s'~her- e6Y finally approved; and SECTION 3; 8e it further resolved that the assessments and method of assessment inniFe Engineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin unti a er 60 Dercent of said tracts have been occupied. yo7 • • CJ STAFF REPORT A DATE: June 5, 1985 T0: City Council and City Manager FROM: Lloyd O. Hubbs, City Engineer \n% ^\9. ~;~ 3 ~r s 1 '~' ~~ ~ I~_' SUBJECT: REVIEW OF FINANCIAL PROGRAM FOR FUNDING OF DAY CREEK AND ORDINANCE IMPLEMENTING THE COMMUNITY FACILITIES TAX RATE This item deals with three actions required to move ahead with the Day Creek Project: (1) Second Reading of the Ordinance authorizing the levy of the special tax; (2) Conceptual approval of an 518,000,000 bond issue to be negotiated with Stone & Youngberg as hood underwriters; (3) Approval of final design contract with Willdan Associates and Boyle- Ludwig. IMPLEMENTATION ORDINANCE Ordinate No. 263 is simply an implementing ordinance authorizing establishment of the special tax rate by resolution on or before the second meeting in July of each year. This is a procedural ordinance that completes the provisions necessary to implement the District. AUTHORIZATION TO NEGOTIATE BOND SALE Attached is a copy of my May 21, 1985 memo and a Stone & Youngberg analysis of a potential 518,000,000 bond sale to fund the first phases of Day Creek. The proposed program may not fund the total construction and a subsequent smaller issue may be required to complete the final stage. If necessary, it is envisioned that the second issue would be totally secured by the redevelopment tax increment and no additional special tax would be required. The program as structured, would involve a less than 5350 per acre tax rate far the first three years, This rate is less than 2/3 of the approved rate of 5550 per acre. After the three-year period, the tax rate would likely begin to decrease with growth in the tax increment. In the Stone & Youngberg analysis, they discuss two options for bond financing. The first is termed a "Super Sinker" the other is conventional. The "Super Sinker" is structured to anticipate growth and the tax increment with early recall of some of the mid-term bonds. This structure allows far reduced overail interest rats with a modest reduction in debt service, This option requires establishment of a redevelopment sinkfng fund and yo v CITY COUNCIL STAFF REPORT Review of Financial Program for Funding of Day Creek and Ordinance Implementing Community Facilities Tax Rate dune 5, 1985 Page 2 • administrative programs to recall bonds. The conventional program is a slightly higher cost but like a fixed rate home mortgage is more predictable from the beginning. It is staff's recommendation that we pursue the conventional issue. RECOMAENOATION Staff recommends that Council authorize the negotiation of a 518,000,000 conventional bond sale with Stone & Youngberg as underwriters. The final negotiation will be conducted with the assistance of Heldman and Roiapp and will be submitted to Council for final approval when complete. APPROVAL CONSULTRNT DESIGN CONTRACTS Attached for Council approval are the final design contracts for completion of Plans, Specifications and Estimates for the construction of the Oay Creek Project. Willdan Associates are doing the entire channel, debris dam design and street crossings from Fourth Street south. Boyle-Ludwig will be designing all crossings and local drainage north of Fourth Street. You will note that each contract includes a substantial contingency amount. In the case of Boyle-Ludwig, this is to cover additional soils work in the event that bridge • structures are required. In the case of Willdan, the contingency involves potential hydraulic modeiing and additional design work for drainage areas which may he diverted from the Oeer Creek watershed. RECOMIENDAT[ON It is recommended that Council approve and authorize the Mayor and City Clerk to execute Agreements with Willdan Associates and Boyle-Ludwig for final design of the Day Creek Flood Control Facilities. Willdan Associates: Not to exceed: b367,000.00 plus 5120,000 contingency Boyle-Ludwig Not to exceed: 5506,873.00 plus 550,681.00 contingency Both contracts to be funded from Day Creek Regional Facilities Fund. Resp tfully submitted,{ LBH:jaa Attachments • ya9 ~ ~ - Cl'1'Y Vl'' KANCHV CUCAJ'IOFGA Ct:CA.t~rjt MEMORANDUM ~~',~i~~ ~~., a~_e\. _~ DATE: May 21, 1985 = iv__ T0: City Council and City Manager FROM: Llcyd B. Hubbs, City Eng ineer/;~ SUBJECT: Day Creek Mello-Roos Funding I Attached for Council's information is a memo from Stone & Youngberg dealing with the financing of Day Creek. This proposal calls for an E18,000,000 bond sale tentatively scheduled for August of this year. These funds taken with the 53,200,000 currently in the Regional Facilities Fund may fund the total project. If there should be a shortfall on the last phase of construction, funds would be generated by an additional Redevelopment Tax Allocation issue. Total debt service on the bond issue will be approximately E2,130,000 per year. Pledging Regional Facilities Fund tax increment to the required debt service, the initial taz levy would be E337, second year E341 and third year E256. The tax rate could continue to decline as the tax increment increases. Tax increment projections are shown on Attachment A. Gfven current projections of the tax increment, debt service on the E18,OOO,p00 could be totally covered a by tax increment in 1990. These assumptions are consistent with the most optimistic projections made during the process of District formation. For added security against shortfalls in tax increment, we can utilize the existing Regional Fund balance of over E3,000, 000 for annual debt service. [f you have any questions about the proposed package, please contact myself or Linda Daniels. We will be requesting approval of the proposed program at your June 5 meeting. L BH:jaa Attachment y~o C /~~/J STO\E 8:, YOC.'~GBERG /~ ME42E95 PiCI PIC SiLCN E%CHFHLE Linda Daniels Senior RDA Analyst City of Rancho Cucamonga P. 0. Box 807 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Dear Linda: May 9, 1985 S`4~~ ~~~~ ~~ `., ~,1; t .~c nF;;Cyr C „~~,~,, .,~~p,~~ M:Nr I've enclosed a siightly revised letter summarizing Lhe proposed Mello-Roos bond issue. I think the revisions provide a somewhat smoother explanation of the bond issue size and structure. The attachments and exhibits previously forwarded still apply. To distinguish the revised letter from the original, please note the "A" in the upper right corner of the first page. Scott and I look forward to seeing you at our due diligence meeting at 1:30 p,m. on Thursday, May 30 at City Hall. Yours very truly, LWH:tg Enc. /g0349b) STONE & YOUNGBERG L. William Huck Partner cc: Rancho Cucamonga Df stribution List • C , J C ONE CALIFORNIA STREET • SAN FRANCISCO. CALIFORNIA Wfll ~ (09199LINA Ll// < < /~~/~2 A • (J%~// STO\E 8 1'OC\G13ERG wEw0E a5 ~:C'~~'C i'^,rv it^.N4nGE Hay 8, 1985 Linda Daniels City of Rancho Cucamonga P. 0. Box 807 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Dear Linda: Based on our April 30 meeting with Staff and other members of the Agency's financing team, we understand the City proposes to issue Bonds pursuant to the Mello-Roos Community Facilities Act to finance drainage improvements in the Day Creek area of the City. The Bonds would be secured by a special tax levied within the Community Facilities District. We also understand that a portion of the Redevelopment Agency's tax increment revenues may be used to pay part of the project cost. Project Costs and Schedule • Far the purpose of the present analysis, we've assumed the costs of constructing the required improvements would be as shown below: Phases I and II Phase III Total S15 million Total - S10 million 10 monthly draws of 51,5 million 10 monthly draws of 51.0 million beginning April, 1986 beginning December, 1985 We understand that design and engineering work have commenced and will continue for approximately the next 15 months. Lloyd HuDbs has indicated the City has funds available to advance for these costs. Available Revenues Voters within the District have approved an annual special tax of not to exceed 5550 per acre. Levied on 3695 acres (the acreage reported by 'Ai ll don), this maximum tax would yield 52,032,250 per year, assuming zero delinquencies. We understand that an additional 250 acres may be annexed to the District; if so, the annexed area would provide a maximum of 5137,500 in annual special taxes for a total of f2,169,750. We also understand the City desires to reduce the special tax to the extent passible by employing a portion of the Agency's tax increment revenue designated for regional facilities. The financing strategy discussed below would require special taxes of less than 5350 per acre per year based an current market conditions. Shown below are details of Attachment A which sets forth the Agency's tax increment revenue projections. Also shown below is the distribution of revenues for various purposes. ONE CALIFORNIA STREET ~ SAN FRANCISCO. CALIFORNIA 9nn • INS) 991naU C ~ Linda Daniels City of Rancho Cucamonga • May B, 1985 Page 2 1984/85 1985/86 Total Tax Revenues 52,500,000 53,538,183 Housing Set Aside (20 A) (500,000) (707,637) Other Taxing Entities (18;) (450,000) (636,873) Net Tax Revenues T55~00~ -2~T~13Ti7~ City Portion (37 ;) (925,000) (1,309,128) Regional Facilities (25%) o2f00'~ -3B~5AS" 42.Ia of T.A. Bond Oebt Service (342,962) (343,150) Available for Day Creek Project -782, 33T ~4T34r Structural Alternatives The Agency's projections show tax increment revenues increasing substantially over the next several years. While the Redevelopment Project Area's record of actual growth and current development commitments lend credibility to these prof ec lions, the marketability of the Bonds -- and, therefore, the cost of the financing -- will be largely dependent on existing rather than planned development. Based on our meetings, we have preliminarily sized the proposed Mello-Roos • bond issue at 318 million under two scenarios as shown in Attachment d and Exhibits I and II. Given existing market conditions and the current set of assumptions, the sum of (a) net proceeds from an 518,000,000 issue, plus (b) 53.6 million currently available plus (c) Lhe interest earned on such amounts pending disbursement would yield approximately 522.1 million. The City Engineer and Willdan representatives indicated that this amount, together with possible grant and other revenues may, in fat t, be sufficient to complete the full project. However, to the extent additional funds were required, the financing structure will provide enough flexibility for the City or Agency to sell additional Mello-Roos or tax allocation bonds to complete the necessary flood control improvements. Our analysis uses two different debt service structures based upon current market conditions. The principal difference between the structures is that debt service is approximately 515,000 lower annually using a super sinker structure (Exhibit I). The super sinker structure employs increasing tax increment revenues to redeem Bonds through a sinking fund. If a fixed percentage of tax increment were pledged to sinking fund redemptions, a portion of the Bonds ,: an be identified as "Super Sinkers" and marketed at lower rates of interest based on the expectation that increasing tax revenues will result in an average life on such Bonds which is shorter than their stated maturity. Thfs strategy would provide the flexibility for paying off the Super Sinker Bonds Drior to their maturity (wi thaut call premiums) and, therefore, further reduce total debt service and the amount of the special tax. • yy7 r <- Linda Daniels • City of Rancho Cucamonga May 8, 1985 Page 3 While we can't predict where interest rates will be at the time of the bond sale, we have assumed rates essentially equal to those in the current market. Current market rates further assume the Mello-Roos Bonds would be marketed and traded at approximately the same interest rates as medium to high quality assessment bonds. Based on the foregoing assumptions and paying interest only in the first year, annual debt service on the $18,000,000 super sinker issue would approximate 52.130,000 -- an amount approximately equal to the maximum authorized special tax levy. The table below sets forth debt service for the super sinker structure for the next three fiscal years. The estimated tax levy assumes the Agency would apply all of its "Available Tax Increment" (which equal 25% of Grass Tax Increment Revenues less 42.7% of the tax allocation bond debt service) toward debt service on the Meil o-Roos Bonds. The tax rate would be set so as to generate the balance required for debt service allowing for about a 5% delinquency factor on special tax collections. Super Sinker (Exhibit I) 1985/86 1986/87 1987/88 • Gross Debt Service $1,725,875 $2,125,875 52,128,875 Available Tax Increment (E 541,396) (S 345,375) ($1,168,829) Special Tax Required ~T;Td~4T4 Levy (105% of Required) f1,243 ,703 5bII -S~bb~S~6 $1,344,525 $1,008,048 Levy Per Acre $ 337 $ 341 $ 256 (3695 acres in 85/86, and 3945 acres thereafter) Conventional (Exhibit fI) For the sake of comparison, the levy pe r acre for the conventional structure, Exhibit II, is as follows: 1985/86 1986/87 1988/89 5341 5345 5258 In order to assure bondholders that the sum of the special tax levy and available tax increment will be sufficient to pay debt servicr. an the Bonds, we suggest standards be defined with regard to Lhe estimate of available tax increment and determination of the special tax rate. IJe believe such standards should be based on existing rathe r than planned development and provide an allowance for delinquencies fn t he collection bf regular ad valorem and special taxes. As mentioned above, to the extent tax increment revenues exceed the projections upon which the speci al tax levy has been based for a particular year, the excess revenues may be used to redeem Bonds with the effect of reducing the special tax levy in subsequent years. y/Y c t Linda Daniels City of Rancho Cucamonga . May 8, 1985 Page 4 Oebt service coverage requirements and a parity bonds test would he required to the extent tax increment revenue will be relied upon for the security of the issue. We must also consider what effect such requirements would have on the Agency's capacity to raise additional funds through Donds secured on a parity with the 1584 tax allocation issue. Other Factors A variety of other factors must be reviewed and discussed in order to determine the size and structure of the proposed financing, and whether it should be sold through one or more issues. These factors include a number of very important legal considerations with respect to both State law and Federal arbitrage restrictions. Financing the issue through two issues may be attractive given the discrete phasing of the project and the uncertainty of the amount, if any, of Bureau of Reclamation loans. On the other hand, significant economies of scale may be achieved through selling all the Bonds in one issue, as we are demonstrating in this letter by issuing most of the $20,225,000 authorization now, especially if unexpended proceeds can be invested at a rate in excess of the bond yield. ldore importantly, delaying a second issue for a year would expose the project to potentially adverse changes in the market and/or legal environments. Preliminary Schedule • Based on our discussion of April 30, a preliminary schedule for consideration by the City Council is suggested below: May 8 - Validation hearing; the judgment would be expected approximately two weeks later. May 24 - Circulate first draft of Preliminary Official Statement and other financing documents. May 30 - Due diligence meeting to review documents and refine financing structure, June 19 - Council conducts first reading of ordnance setting maximum special tax rate. July 3 - Council conducts second reading of ordinance setting maximum special tax ^ate. July 17 - City Council meeting to approve (al resolution setting tax rate to be levied for 1985/86 (b) Resolution of Bond Issuance and (c) execution of Bond Purchase Contract. • y/S C ~ Linda Daniels • City of Rancho Cucamonga May 8, 1985 Page 5 August 7 - Bond delivery and closing. Closing must occur after (approx.) expiration of the 60 day appeal period following validation suit judgment and the 30 day referendum period following passage of the Ordinance authorizing the special tax levy. April 1986 - Award contracts for Phases I and II October 1986 - Award Phase fiI Contract April 1981 - Complete Phases I and II October 1981 - Complete Phase III We will contact you shortly to discuss the contents of this letter and arrange for the next project team meeting. Sincerely, STONE 8 YOU`l GB ERG L. 'Ailliam Huck Partner LWH:crq 0295b cc: Rancho Cucamonga Distribution List yip ~~~ STO\E S:.S"Ot~\GBERG NcygEaS °aG :: SiC'v Ex. .,a CIiY OF RANCHO CUCAtA.ONCA (P!ello Roos) Distribution List Lauren 'Aa sserman, City Manager City of Rancho Cucamonga 9320 Baseline Eoa d, Suite C P.D. Box 807 Rancho Cucamonga, CA 91730 (714) 989-1851 Jack Lam Community Oevel opment Director City of Rancho Cucamonga 9320 Baseline Road, Suite C P. O. Box 801 Rancho Cucamonga, CA 91730 (]1»1 989-1851 F. Mackenzie Brown Warren B. Given Law Offices F. Mackenzie Brown, Inc. P.O. Box 8025 Fairbanks Ranch Plaza Rancho Santa Fe, CA 92067 (714) 857-0464 Sandra Neely Bill Stookey Willdan Associates 290 S. Anaheim 91vd., Suite 100 Anaheim, CA 92905 (714) 774-5740 Linda Daniels, Sr. R.D.A. Analyst City of Rancho Cucamonga 9320 Baseiine Road, Suite C P.O. Box 907 Rancho Cucamonga, CA 91730 (714) 989-1851 Lloyd 8. Hubbs, City Engineer City of Ranc no Cucamonga 9320 9aseline Road, Suite C P.O. Box 807 Ranchc Cucamonga, CA 91730 (71») 989-1851 Harry Er.lpey, Finance Director City of Rancho Cucamonga 9320 Baseline Road, Suite C P. O. Sox 907 Rancho Cucamc r.3a, C:. 91730 (71») 399-1351 Scott C. Sollers L. William HucK Stone 8 Youngberg One California Street San Francisco, CA 9»111 (415) 981-1314 • Bill Fieldman Fieldman, Rolapp & Associates 2061 Business Center Drive, Suite 203 Irvine, CA 92715 (714) 752-2181 • 05/08/85 (0309D) ONE CALIFOgNIA STgEET ~ SAN FPArvb5C0. CAUFOq NIA gam • p15198~nau s __ = == =_- = == = _~~=-= - -- x a _ m _ _ - _ _ ry m c _ _ ° _ _ _ _ ° _ _ _ _ .j' _ _ _ _ v c - _ c v _ ., _ o s _ c~ _ o _ ='~ - ~ - _ _ _ _ _~~ c _ _ c c _ _ _ o _ < _ _ _ - - ` _ _ -°'~ _ _ v v m i `z _ _ __ .:, _ __ e 4 yis AGREEMENT FOR CONSULTANT SERVICES • THIS AGREEMENT, made and entered into this 5th day cf June, 1965, between the CITY OF RANCHO CUCAMONGA, a municipal corpo- ration, hereinafter referred to as City, and WILLDAN ASSOCIATES, a California corporation, hereinafter referred to as Consultant WITNESSETH: WHEREAS, City desires to prepare final construction plans and specifications for the Day Creek improvement project, hereinafter referred to as Project; and WHEREAS, Consultant has the necessary skills and qualifications and licenses required by law to perform any services required under this Agreement in connection with said Project; and WHEREAS, City desires to retain Consultant for services hereinaf- ter described in connection with said Project; and WHEREAS, the City Council at a regular meeting held on the 5th day of June, 1985 authorized the Mayor and the City Clerk to enter into this Agreement. • NOW, THEREFORE, it is hereby agreed by and between the parties that: 1. DEFINITIONS be applicable As used in this Agreement, the following definitions shall a. Consultant: Consultant shall mean Willdan Associ- ates, a California corporation, located at 290 South Anaheim Boulevard, Suite 100, Anaheim, California, 92805. b. City: City shall mean the City of Rancho Cucamon- ga, a municipal corporation, located at 9320 Baseline Road, Suite C, Rancho Cucamonga, California, 91730. c. City Council: City Council shall mean the City Council of the City of Rancho Cucamonga. d. Services: Services shall mean the services to be performed by Consultant pursuant to this Agreement. e. Satisfactory: Satisfactory shall mean satisfactory to the City Engineer of the City of Rancho Cucamonga. y/9 f. County: County shall mean the San Bernardino County Flood Control District. • g. Project Manager: Project Manager shall mean Ruben V. Montes, Public Works Engineer IV, or an alternate assigned by the County. SCOPE OF SERVICES Consultant agrees to perform for and furnish to City the services described in Exhibit A, Scope of Services, attached hereto. 3. TIME FOR PERFO RAIANCE Consultant agrees that it shall diligently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall be completed within two hundred ten (210) calendar days after completion of the design development phase in accor- dance with the project schedule attached hereto as Exhibit B. If a delay beyond the control of Consultant is encountered, a time extension may be mutually agreed upon in writing by City and Consultant. Consultant shall present documentation satisfactory to City to substantiate any request for a time extension. 4. PAYMENT • Noiwith sta n ding any other provisions of this Agreement, as the authorized services described in the Scope of Services, Exhibit A at- tached, are completed, Consultant shall be compensated in accordance with the payment schedule attached hereto as Exhibit C but shall not ex- ceed a Total amount of $367,000 with an additional 5120,000 designated as contingency which may be used with written authorization of the City En- gineer. In the event of authorization, in writing, by City of changes from the work as indicated in Exhibit A or for other written per- mission authorizing additional work not contemplated herein, additional compensation shall be allowed for such extra work based upon the au- thorized payment schedule for Consultant's additional work. Consultant shall submit invoices showing the percent com- plete for the various tasks involved to the Project Manager for review. Consultant agrees to invoice City for services rendered not more often than once a month. Payment shall be made within thirty (30) calendar days following approval of an invoice by Gity. Work performed at the request of City outside the limit specified in this Agreement is to be des- ignated as extra work on monthly invoices. Work performed in connection • with an authorized written change order will be so designated on said in- voice. ya Payment shall be based on the percent of completion of each • task outlined in Exhibit C, Payment Schedule. Determination of percent completed shall be the sole judgment of City in consultation with the Proj- ect Manager and Consultant. Consultant agrees Shat in no event shall City be required to pay to Consultant any sum in excess of ninety-five (95) percent of the maximum payable hereunder prior to receipt by City of all final docu- ments, together with all supplemental technical documents as described herein acceptable in form and content to City. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by City. 5. CITY SUPPORT City shall provide the services of the Project Manager to act as the primary focal point for all communications between City, the County, and Consultant. The Project Manager shall be given full author- ity to act on behalf of City in the review and approval of project design and coordination efforts. In addition, City shall use its best efforts to provide to Consultant the following items of support: a. Provide Consultant with up-to-date information as it becomes available Which may have an effect on the services being per- . formed by Consultant for the Project. b. Make available fo Consultant reports and other data relevant to design and construction of the Project previously prepared by or for the County. c. Assist in obtaining access to and make provisions for Consultant to enter upon public and private lands as required in the per- formance of Consultant's work under this Agreement. d. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by Consultant and render necessary decisions pertaining thereto within a reasonable time so as to not delay the work of Consultant. e. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the Project. f. Obtain, with Consultant's assistance, approval of all governmental authorities having jurisdiction over the Project and such ap- provals and consents from such other individuals or bodies as may be necessary for completion of the Project. C' ~ 3 `f~/ 6. OWNERSHIP OF DOCUMENTS • All documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Consultant pursuant to this Agreement shall be considered the property of City; and upon pay- , ment for services performed by Consultant, such documents and other identified materials shall be delivered to City by Gons ulta nt. Such ma- terials are instruments of services relative to the scope of this Agree- ment. The plans or designs developed by Consultant under this Agree- ment are not authorized for reuse at locations other than originally in- tended, Consultant may, however, make and retain such copses of said documents and materials as Consultant may desire. TERMINATION This Agreement may be terminated by City upon the giving of a written notice of termination to Consultant at least fifteen (15) days prior to the date of termination specified in said notice. In the event this Agreement is so terminated, Consultant shall be compensated on a prorated basis with respect to the percentage of tasks, outlined in Exhib- it C, completed as of the date of termination. In no event, however, shall Consultant receive more than the maximum specified in Paragraph 4 above, Consultant shall provide to City any and all documents, data, studies, surveys, drawings, maps, models, photographs, and reports • whether in draft or final form prepared by Consultant as of the date o4 termination. Consultant may not terminate this Agreement except for cause, NOTICES AND DESIGNATED REPRESENTATIVES Any and all notices, demands, invoices, and written commu- nications between the parties hereto Shall be addressed as set forth in this Paragraph 8. The below-named individuals, furthermore, shall be those persons primarily responsible 4or the performance by the parties under this Agreement: Robert Merrell, Project Manager. Willdan Associates, 290 South Anaheim Boulevard, Suite 100, Anaheim, California, 92805. Ruben V. Montes, Project Manager, San Bernardino County Flood Control District, 825 East Third Street, San Bernardino, California, 92415-0835. Any such notices, demands, invoices, and written commu- nications by mail shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid, and properly addressed as set forth above. • t•~~1 9. INSURANCE • Consultant shall neither commence work under this Agree- ment until it has obtained all insurance required hereunder in a company or companies acceptable to City, nor shall Consultant allow any subcon- tractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. Consultant shall secure and main- tain at all times throughout the term of the Agreement the following pol- icies of insurance: a. Worker's Compensation Insurance: Before beginning work, Consultant shall furnish to City a certificate of insurance as proof that it has taken out full worker's compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compen- sation to his employees. Consultant prior to commenting work shall sign and file with City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against • liability for worker's compensation or to undertake self insurance in ac- cordance with the provisions of that code, and I will comply with such provisions before commencing performance of the work of this Agree- ment." b. Automobile Liability Insurance: Throughout the term of this Agreement at Consultant's sole cost and expense, Consultant shall keep or cause to be kept in full force and effect for the mutual benefit of City and Consultant comprehensive automobile liability insurance providing protection of at least Two Million Dollars (52,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Two Million Dollars (52,000,000) for property damage. c. Comprehensive General Liability Insurance: Throughout the term of this Agreement at Consultant's sole cost and ex- pense, Consultant shall keep or cause to be kept in full force and effect for the mutual benefit of City and Consultant comprehensive, broad-form general public liability insurance against claims and liabilities for personal injury, death, or property damage arising from Consultant's activities, providing protection of at least Two Million Dollars (52.000,000) annual aggregate limits for property damage or for bodily injury or death to any one person or for any one accident or occurrence. d. Errors and Omissions: Consultant shall secure and maintain at all times during the life of this Agreement a policy or policies of insurance concerning errors and omissions (malpractice) providing pro- 5 yap tection of at least Three Million Dollars ($3,000,000) in the annual aggregate for errors and omissions (malpractice) with respect to loss aris- • ing from negligent actions of Consultant performing services hereunder on behalf of City and the County. e. General Insurance Requirements: All insurance re- quired by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and, with the exception of the errors and omissions insurance, shall name as additional insureds City and the County and their elected officials, officers, employees, agents. All such policies shall contain lan- guage to the extent obtainable to the effect that: 1. the insurer waives the right of subrogation against City and the County and their respective elected officials, offi- cers, employees, agents, and representatives; 2. the policies are primary and noncontributing with any insurance that may be carried by City and the County; and 3. the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to City by certified mail. Consultant shall furnish City with copies of all such • policies promptly upon receipt of them or certificate evidencing the insur- ance. Consultant may effect for its own account insurance not required under this Agreement. 10. INDEMNIFICATION Consultant shall defend, indemnify, and save harmless City and the County and their elected/appointed officials, officers, agents, and employees from all liability from loss, damage or injury to persons or property including the payment by Consultant of any and all legal costs and attorney's fees in any manner arising out of or incidental to the per- formance by Consultant of this Agreement including, but not limited to, all consequential damages to the maximum extent permitted by law. 11. ASSIGNMENT No assignment of this Agreement or of any part or obliga- tion of performance hereunder shall be made, either in whole or in part, by Consultant without the prior written consent of City, 12. INDEPENDENT CONTRACTOR The parties hereto agree that Consultant and its employees, • officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of City. 6 ya4 13. ESTIMATES • Since Consultant has no control over the cost of labor and materials or over competitive bidding and market conditions, the estimates of construction cost provided for herein are to be made on the basis of Consultant's experience and qualifications; but Consultant does not guar- antee the accuracy of such estimates as compared to the contractor's bids or the Project's construction cost. 14. GOVERNING LAW This Agreement shall be governed by and construed in ac- cordance with the laws of the State of California. 15. ATTORNEY'S FEES In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorney's fees and costs from the opposing party in an amount determined by the Court to be reasonable. 16. ENTIRE AGREEMENT This Agreement supercedes any and all other agreements, • either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no rep- resentation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to 6e executed the day and year first above written. CITY OF RANCHO CUCAMONGA WILLDAN ASSOCIATES ~~ Jon D. Mikels Gary .Dysart Mayor Senior Vice Pr sident ATTEST: APPROVED AS TO FORM: By' 8y: Beverly A. Authelet City Attorney City Clerk 7 Y~ s EXHIBIT A SCOPE OF SERVICES • INTRODUCTION The following Scope of Services describes the various items of work nec- essary to bring the final design of the Day Creek Channel project to a conclusion. This program is essentially a continuation of the design de- velopment phase which is covered under separate agreement dated April 3, 1985. The Day Creek project as defined in the design development phase and here extends from the inlet to the Wineville Basin northerly to a debris dam located at the mouth of Day Canyon in the foothills of the San Gabriel Mountains. Major components to the channel system include approximately 10 miles of channel, a total of 14 channel crossings at rail- road and roadways, potential turnout facilities into the Day Creek Basin and the spreading grounds area, and the debris dam and its associated spillway. The purpose of the design development phase was to provide sufficient alternatives analysis, detailed hydraulic and hydrological calculations, and geotech nical exploration to determine the final size and design configura- tion of each of the project elements. The results of this first phase will be summarized in a comprehensive final report which will be reviewed and • approved prior to commencement of final plan preparation under this agreement. The services under this agreement will provide detailed construction drawings for the channel system inclu.:ing the channel extending from the inlet to Wineville Basin to the debris dam, rail and roadway crossings in the County and City of Ontario (Fourth Street included), the debris dam, and improvements in the 700-acre area west of Day Greek recently iden- tified as tributary to the spreading grounds region. Improvements within the upper portion of the spreading grounds and within the area noted above west of the original Day Creek watershed have yet to be specifical• ly defined. An estimated fee associated with a minimum level of effort has been incorporated into the overall fixed fee for the final design pro- gram and a contingency fee designated to cover additional work as war- ranted at the City's discretion. Final contract Specifications and cost es- timates are also included. It is the intent that all final design and plan preparation for the Day Creek project he coordinated under this agree- ment although it is understood that certain elements of work, together with the associated final designs and plan production, will be conducted by the consultant team of Boyle/Ludwig under separate agreement with the City of Rancho Cucamonga. More specifically, the following items will be furnished to Willdan in final form for inclusion in the overall channel bidding package assembled by Willdan under this agreement. • N.2 c A. Final plans of all street crossings north of Fourth Sireef in the • City of Rancho Cucamonga. The plans shall include all details rel- ative to the particular crossing including any utility modifications, surface modifications, detours, structural designs, and details all in an approved form for direct inclusion in the overall construction plan package. B. Final special provisions and cost estimates for the work described in Subparagraph A above. C. Design calculations for items supplied shall include the following subjects: 1. survey control calculations; 2. structural design calculations; 3. right-of-way calculations; and 4. other pertinent design calculations as deemed necessary to incorporate the street crossing designs into the overall Day Creek Channel construction contract. D. The final designs, grading plans, structural calculations, and side channel plans associated With the Day Creek Basin including the inlet and outlet facilities will also be prepared by the Boylei Ludwig consultant team under separate agreement with the City. The • plans will be prepared in conformance with the final design devel- opment report and processed through approval by the Boyle/Ludwig team. The final plans, special provisions, and cost estimates will 6e incorporated into the mainline channel bidding package by Willdan at the detection of the Project Manager or the City of Rancho Cucamonga. It is the intent that the designs, plans, special provisions, and cost esti- mates be prepared independently by the Boyle/Ludwig team under sepa- rate contract with the City while under the direction of the Project Man- ager assigned to Day Creek, who will also provide direction to Willdan. All final plans, whether prepared by Willdan, the Boyle/Ludwig team, or others, will be prepared in accordance with the design development report accepted by the City and County prior to this final phase of construction plan preparation. Section I -General Project Administration A. The Consultant's Project Manager will attend meetings as frequent- ly as necessary to maintain progress on the final designs, It is envisioned that many meetings will be required with other agen- cies, land owners, the City, the County, various consultants, and possibly others to effectively maintain coordination on the project. yap Provide detailed scheduling information for the various activities • which will allow the Project Manager to easily follow the progress of final plan production. The scheduling information will include work by others so that the progress of the entire project is re- flected. Perform needed coordination and meet the requirements of the Di- vision of Dams and the Bureau of Reclamation. Section II -Design Surveyin and Right-of-Way A. Task I - Design Surveying Much of the design survey work will have been completed under the previous design development contract for the project. It is expected, however, that some additional field work will be necessary at various locations along the chan- nel. Willdan will conduct such design surveys as are nec- essary to provide sufficient detail to the channel con- struction drawings. Willdan will coordinate the surveys prepared under the de- sign development phase and any prepared under this agree- ment, with those prepared in conjunction with the final de- signs by the Boyle/Ludwig team, if requested to do so by • the Project Manager. Task II - Right-of-Way Final definition as to the right-of-way required for the Day Creek project will be established based upon the design de- velopment report and the final design details of the channel and crossings. Willdan will furnish legal descriptions for the required right-of-way in the area north of Highland Avenue, the mainline channel including rail crossings, and at the street crossings in the City of Ontario. The right-of-way work necessary for the street crossings in the City of Rancho Cucamonga will be part of the work by the Boyle/Ludwig team. Willdan will update, as necessary, the maps, documents, and alignments established during the design development phase. 3. Construction easements required for the mainline channel construction will be established and legal descriptions fur- nished, if necessary, • 10 Ndd Section III -Utilities A. The design development phase of the project will have concluded with each utility company who had facilities in apparent conflict with the proposed construction being notified as to the status of their improvements. A letter will be furnished to all companies known to have facilities in the area informing them that final con- struction plans are being prepared. It will clarify that Boyle/ Ludwig will be processing the utility coordination at the street crossings in Rancho Cucamonga and that Willdan will do the same for the street crossings in Ontario at Fourth Street and at the railroad crossings. B. Willdan will continue to provide information regarding utilities io the Boyle/Ludwig team, either through the Project Manager or di- rectly, to help ensure that conflicts are avoided during con- struction. Section IV -Hydrology and Hydraulics A. Task 1 - Hydrolo-gy 1. The design development phase will yield a final design mainline channel hydrologic report. The location of perma- • nent side laterals and their associated design flows will also be established. As the proposed construction is scheduled to occur prior to full development of the watershed, an in- terim local hydrologic study will be necessary to pick up areas as they exist without the presence of future lateral storm drains. Willdan will prepare an overall interim hy- drologic study compatible with the scheduled land develop- ment and the analyses under way by the Boyle/Ludwig team. 2. Coordination will be maintained with the City, the various land owners, their engineers, the Boyle/Ludwig team, and others to assure the channel construction meets both the interim and ultimate needs of the area. B. Task 2 -Hydraulics 1. Detailed mainline hydraulic calculations will have been pre- pared and concurrence received during the design develop- ment phase. Willdan will update the calculations as neces- sary if new information is developed during the construction plan preparation period. 2. Hydraulic calculations will be prepared for any interim drainage connections to the mainline channel. The locations 11 4d9 of these inlets will 6e determined once an interim, local hy- drological analysis is completed. • Depending primarily upon the location of the debris dam and the characteristics of the spillway requirements, it may be cost effective to develop a physical model of the spillway and the channel immediately downstream. The channel junction located between the Route 15 Freeway and Arrow Route may also require modeling. A contingency amount which reflects modeling in both cases has been included. Section V -Structural Designs A, With the exception of those facilities specifically designated as be- ing the responsibility of the Boyle/LUdwig team, Willdan will pre- pare detailed structural designs for all channel elements and ap- purtenant structures. All channel crossings are envisioned to be clear-span, reinforced-concrete box structures. B. Structural designs will be prepared in a manner acceptable to the City and County. The final designs shall be based on State o4 California design criteria, unless otherwise required, to obtain the approval of the State Division of Dams or the Bureau of Reclama- tion. C. As part of the basic services included in this agreement, Willdan • will provide a general review of any structural designs prepared by others relative to the Day Creek project. Detailed structural plan check is offered as an additional service at a fixed fee of one (1) percent of the estimated construction cost, One-third (1/3) of the contingency amount stated in Exhibit C, Section V, has been allocated to Cover these additional services. Section VI - Final Plans and Specifications A. The drawings prepared during the design development phase will be used as the base for the final construction plans. Modifications to the plan will be made as required to reflect information devel- oped under this agreement, B. Additional detail sheets will be prepared as required to develop a complete set of plans which includes sufficient information for bid- ding and construction. All plans will be prepared at a scale and to the level of detail usually found on projects of a similar nature and to the satisfaction of the Project Manager. • 12 N Jo C. Fourth Street 120-foot Ri ht-of-Wa 94-foot Curb to Curb, • Median 1, Prepare construction plan for full street improvements (curb to curb) for the crossing 350 feet! on each side of the channel to conform to the existin5 design of the street. 2. Prepare construction plans for the side drains: a. West Side: Join with existing 24-inch R.C.P. The size of the lateral shall be designed based on the hydrology area bounded between Devore Freeway and Seventh Street. b. East Side: From the channel to the first existing culvert 7,750 feet! east. This lateral may be extended to another 650 feet with the cooperation from the City of Ontario. Hy- drology criteria will be different for these two sepa- rate systems. 3, Prepare Detour Plan. • NOTE: All works shalll be coordinated'with tthe City of Ontariyo limit. D. The following list of construction plans represents a minimum level of detail envisioned for each construction phase. Title sheet, including Vicinity map 2, Index of plans sheet 3, Typical cross section sheets 4. Plans (40-scale) and profile sheets (4-scale); feet per inch 5, Detail sheets (channel and structural) 6, Detour plan sheet (When applicable) 7, Hydraulic profile of 700-year flow rate (Q) 8, Earthwork cross sections at appropriate intervals The construction plans will include details of those appurtenant items necessary to complete the channel system. E. Final design calculations, quantities, and final cost estimate will be prepared for review and approval. Earthwork cross sections will be prepared for quantities and for reference during construction. F. Final contract specifications will be prepared for the project. The contract bid documents will be prepared in a manner acceptable to the County, State Department of Dams, and Bureau of Reclamation. State standard specifications (Caltrans) will be used. County or 13 N~~ State Transportation/Flood Control Department or State standard design drawings will be used Where applicable, Format for proce- dural documents such as the notice of award and the agreement will be furnished by the Project Manager. Willdan will assemble the construction plans prepared under this agreement and those prepared by others into bidding packages as directed by the Project Manager. The specifications and proce- dural documents for each bidding package will be adjusted accord- ingly. Willdan will assist the Project Manager and the City in the adver- tisement of the project including the review and resolution to any questions which may be forwarded during the bid period. Section VII - Geotechnical Final civil design for the debris dam, the spreading grounds area, and the channel will be accomplished by Willdan Associates with Woodward-Clyde Consultants furnishing support functions related to the geotechnical aspects of the project. The scope of work prepared by Woodward-Clyde for the project has been divided into three tasks associ- ated with each of the major project components. Tasks 1 and 2 were completed in the design development phase leaving Task 3 for completion • during final design. The following program plan prepared by Woodward-Clyde Consultants describes the work envisioned for the final design phase under the administration of Willdan Associates. Program Plan A. Day Creek Debris Dam Task 3 -Meeting with the State Division of Dams (DSD) and Final Design a. Meet with DSD to review the Task 2 report and to agree on design specifications and seismic evaluation criteria. Nego- tiate revisions to design and seismic evaluation criteria. b. Based on Task 3a, perform triaxial strength tests at appro- priate densities and perform simplified dynamic stability analysis for conformation of stability. Document results in letter report format for transmittal to DSD. c. Based on the results of Tasks 3a and 3b, make revisions to design specifications and geometry of the dam. r~ L 14 y3~- B. D~ Creek Basin (final design by Boyle/LUdwig) • Task 3 - Final Design Review a. Review design documents for proposed construction to veri- fy the consistent use of parameters documented in Task 2e. b. Prepare letter documenting the results of the Task 3a re- view. C. Day Creek Spreading Grounds (optional) Task 3 - Final Design Review a, Review design documents for proposed construction to veri- fy the consistent use of parameters documented in Task 2d. b. Prepare letter documenting the results of the Task 3a re- view. D. Day Creek Channel Task 3 - Final Design Review • a. Review design documents for the proposed construction to verify the consistent use of parameters documented in Task 2d. b. Prepare letter report documenting the results of the Task 3a review. 15 N37 EXHIBIT B • Y W W V r D 0 r - __ u~ _~=- - __ - liJ ______ _____ W s --- =--'- __ S ° -= ---= = - =-=- U = ° ='=== -- -- - ~ o =_-__ _____ _ z ~ . -__ = =_= = _ _ ____ z -_ . _- _-_ __ o O _ F- -=___ _=-- ~ m "_ _-= --==__ ~ °D =_ - =__=_ ~ =_ _ ~ - y L N O ; _ O y j m C U > W. a O N ' Z _ ___ ~ {~ ~ _ _ _ ~ V O • = _ • __ W b ~ r ~ Q ~ ~ _ ~ ~ ~ if o> Oj W V O~ W ~ r Q P ~. N N S = W (~ • W W ~ ~ 16 y 1Y • EXHIBIT C DAY CREEK FINAL CONSTRUCTION PLANS AND SPECIFICATIONS FEE SCHEDULE Contingency Section Description Fixed Fee Fee (i) I General Project Administration E 40,000 - II Design Surveying and Right-of-Way 20,000 - III Utilities 15,000 - IV Hydrology and Hydraulics 25,000 5 60,000 V Structural Designs 73,000 30,000 VI Construction Plans L Specifications 175,000 20,000 • VII Geotech nical (2) 19,000 10,000 Total Final Design Contract (3) 5367,000 5120,000 (1) Contingent fees are only estimated for the sections shown and may be used in any section as appropriate after approval by City. (2) A further breakdown of the fee associated with the geofech nical work by Woodward-Clyde is attached for reference. (3) The fee amounts for work covered by this agreement are valid through July 31, 1965. The fee amounts far any uncompleted work covered by this agreement that is delayed beyond August 1, 1985 through no fault of the Consultant will be adjusted to compensate Consultant for annual labor and cost of service increases. The maximum adjustment shall not exceed seven (7) percent per year. i~ 17 yaT 6REAKDOWN OF FEE ESTIMATE FOR GEOTECHNIC AL SERVICES (SECTION VII) • (WOODWARD-CLYDE CONSULTANTS) Description Fee Cantingen~ Day Creek Debris Dam $13,448 $ 5,540 Day Creek Basin 1,355 0 Day Creek Spreading Grounds 1,355 1,300 Day Creek Channel 2,033 0 Bureau of Reclamation Coordination 809 2,760 Totals $19.000 $10,000 • • 18 y,o TABLL 2 1985 SCHEDULE OF CHARGES Woodv+ard•Ctyde CortsulWrtts SCNEOULEA asr e[ :n• s:.en e5n [.. tp. nYr .rrac.. a etS.N en nuY•l n n . m..•enna er Ya.ett•n u.q e a n« n•eY +< oe rnarp•• ,. u•Y.e •a . t.ganm n9 or . n w a • spr vty e[ nv,l [nv.n.•u. q tnc lu e,ni cunt anu ^•nu n• ~ Y<n n•e•, cM rp•• [or UI vpr Y yn UnIYrY etn•r Y r•n9• a 11 p• eu •d on U• n« aen•dv3• el en•rq•• ar r M a Pne[ Y• pre pet\ tnltart •d In ptD SCS>tt: •• tr• for rbn eu •ct 1Y •pa•e to pro ]•tt•. 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I)D.OD . . pu nuPH ................~........... ..... .... • [rep, ^••r. Ge+aqub c•epnY•I<a•a, fYU:N lo9u t, xYGrpq•elpq vt. MYerploqu t. Sc Nnaa at • der,mtl a +.. cn •rn•e t • Orp le tt •[ s noun P•r d•y. •ne •nV t r rt t e ~ . < , averv^• vo pr pmt +n tnvl an tn• .m•r••[ m ut. n~ or vn • mgn[ noo,eav •. m o. .•une• , t <n• el un< .+S! p <N tort o Hoot lY r u• cep[ [mt n rare an•n d neon of aP•H t ne p •n •..p.eY re t0 0. •raY r+pm tn• c•u•ry [Yr Cn.r n t • ee eM tgee gnt. NOU Uence rill OV OI(,C• r Court •PP••r•nC0 a an ••vn Yuno• all >• <n •rp•d n •a• PI 51.000 P•r dq Plu• nY porn on o[ . d•r. Pnp.n- t r rn •Y Tn• v n . e r•pY l•r norny rat•. ,ll e• margY e vo rt u an [of • Ol'T S:CC SCIIV ICLS: nll ••[vtc • fer vnl[n vCC YNnl nl•uf• . •u OC On<f•ct •et•<.rn[ r+ll tv <n rt9re Yt c0•t plu• + enat<. 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Oo px Nr••ur•m•na ........................................................ 1•. DO Mu•uuuY nowr•w na .................................... ........... •S. OD p•ne cgw.a.na ....................................................... v. oD Cnoqu for orbs uru •u[n • ed can un mq, arluul eery nulen arts . rycllc le•e totln9• surer •Mrr tut. nuGu•1 nr•ngtn !Inca roar un, •ne pu mrru latY •u oust.! qn nquM t. fIWfAN ~L ULI: /.11 Mmplu e[ •oll •ne fees vlll n• GI•por•e o! t0 erY• •ftrr ruM Url on of our fSn•l upon unlu• you ngvot eaNrvu•, open nquu a. all e•11 wr amp u• tp You •a ywr tort or r• +lll raon an•n rer Yeu le[ •n •gruu raan 9• cn•rq•. 501-1N• • Z~ N 7 ~' WILLDAN ASSOCIATES = SCHEDULE OF HOURLY RATES August 1984 Classification Fee Rate per Hour Sr. Consultant $ 90.00 Principal Engineer 80.00 Division Manager 71.00 Project Director 71.00 Sr. Project Engineer 65.00 Project Manager 58.00 Project Engineer 53•~ Sr. Designer 48.00 Design Engineer 42.00 Sr. Draftsperson 42.00 Designer 38.50 Draftsperson 35.00 Jr. Draftsperson 26.50 Construction Observer (Public Works) 44.00 Real Property Agent 58.00 Assistant Property Agent 48.00 Sr. Survey Analyst 52.50 Sr. Calculator 52.50 Calculator II 42.00 Survey Analyst 38.00 Calculator I 35.00 Survey Supervisor 60.00 Party Chief - 58.00 Two-man Field Party 112.00 Three-man Field Party 145.00 Computer Time 60.00 Computer Data Entry 26.50 Clerical 21.00 Delivery 21.00 Consultation in connection with litigation and cour t appearances will be quoted separately. The above schedule is for straight time. Overtim e will be charged at 1.25 times the standard hourly rates. Sundays and holiday< will be charged at 1.70 times the standard hourly rates. It should be noted that the foregoing wage rakes are effective through July 31, 1985. The rates may be ad7u sted after t hat date to compensate for labor adjustments and other increases in labor costs. 21 290 S, ANAHEIM BOULEVARD • SUITE 100 ~ ANAHEIM, CALIFORNIA 92805 ~ (714) 774-5740 • (213) 924.1631 Nay AGREEMENT FOR CONSL'LTA9T SF,RVICES • THIS AGREEMENT, made and en[e red into Chis day of 1965, between the CITY OF RANGHD CUCAbIONGA, a municipal corporation, hereinafter referred Co as City, and a joint venture comprised of BOS'LE ENGINEERIRG CORPORATION and LUDGIG ENGINEERItiC, also kno>m as HO'i LE/LUDWIC, hereinafter referred to as Consultant. WITNESS ETH: k~iEP.EAS, Ci[y desires tc prepare designs, construction plans, specifications, and cost escima tes for the Day Creek improvement proj ere, he reinaf[er referred to as Project; and W9iEAE.4S, Consultant has the necessary skills and qualifications and licenses Yequ iced by law Co perform any services required under this Agreement in connection with Said Project; and RHEP,EAB, City desires to retair. Consultant for services hereinafter described in connection with said Proj et [; and WHEREAS, the City Council at a regular meeting he Ld on the 5th day of June, 1985 au Choxized the Mayor and the City Cleik to enter into this Agreement. NOW THEREFORE, iC is hereby agreed by and between the parties chat: • pE FI SiTIO^:S As used in this Agreement, the following def in itiars shall be applicable: a. Consultant: Consultanc shall mean a joint ve ntu:e comprised of 8o)'le Engineering Corporation and Ludwig Engineering, locatad a[ i18 Airport Drive, Suite 210, San Bernardino, California 92408. b. Ci cy: Citv shall mean the City of Rancho Cucamonga, a municipal corporation, located aC 9320 Baseline Road, Suite C. Rancho Cucamonga, California 91730. c. City Council: City Council shall mean the City Council of the City of Rancho Cucamonga. d. Services: Services shall mean the services Co 6e per.'a rmzd by the Consultant pursuant to this Agreement. e. Satisfactory: $a[Lsfacto ry shall mean sa cis Eac tory to [he City Engineer of The City of Rancho Cucamonga and the Project Manager frnm the County of San Be rnardinu. -l. • yyo f. County: County shall mean the San Bernardino County Flood Control Discr is t. g. Project Manage[: Project Manager shall mean Ruben V. Nantes, Public Uorks Engineer IV, or an alternate assigned by the County. 2. SG07E OF 5E37ICES Consultant agrees Co perform fox and furnish Co the City the services described in Exhibit A, "Scope of Services", attached hereto. The scope of services as presented in Exhibit A fox the Day Creek system rovers the final Lesign of the construction plans, specifications r, cost estimate for the street and local drainage improeeme nes for uthe scree[ crossings of bay Creek Channel, the Day Creek Basin improvements, and miscellaneous storm drain improvements.. The southern limit of said work is the south side of 7th Street and the northern limie is 200 feet north of the 60 foot right of way of Highland Avenue and includes [he design of Day Creek Basin and its inlet and outlet. The june Cio~ of the Day Creek Channel and the outlet channel from the freeway drain located south of Au ow Highway is no[ included in [his eon Bract. TC Ss understood that another engineering firm will perEocm the design development and the final design for Day Creek channel. The final design phase outlined herein will be in a<cordan<e with design parameters developed by the ocher engineering firm as part of their design development phase contract, Gorsultant is entitled to re 1;: on information and docume nes prepared by the other engiree ring fir:r. •diChout any independent re•aiew, 3. T^'r FOP PE2 MR'4~':CE Consultant agrees that it shall diligently and responsibly pursue [he performance of the services required of Lt by this Agteemene and that said services shall be completed by Sanuary 1, 1986 per Exh ih iL C (Design Schedule). Consultant shall present the facilities design for City review and approval ae the U ?, SC6 and 906 completion s[a e,es. Additionally, monthly s[a tus repo: meet ir,gs shall be conducted to discuss [he elements of design. If a de lav he•:ood Che control of Consultant is encounee red, a time extension may be mutually agreed upon in writing by City and Consultant. Consultant shall present documentation satisfactory to City Co substantiate anv request foC a time extension. 2 y Y/ 4. PAYMENT • Notwithstanding any other provisions of this Agreement, Consultant shall be compensated in accordance with ehe fee schedule attached hereto as Table II of Exhibie A but such compensation shall not exceed a total amount of $506,87;.00 with an additional $50,687.00 designated as contingency which may be used with written authorization of the Gi[y Engineer and approved by [he Project Manager. Compensation in excess of $557,560.00 must be au ehorized in writing by the Mayor or his authorized representative. In the event of authorization, in writing, by City of changes from the work as indicated in Exhibit A or for other written permission authorizing additional work not concempla ted herein, additional compensation shall be allowed for such extra work based upon the authorized payment schedule for Consultant's additional work, Exhibit 8. Consul [ant shall submit invoices showing the percent complete for the various tasks involved to the Proj etc Manager for review, Payments shall be made ehirry (30) calendar days following timely approval by the City. If the City defers monthly payment, then ante rest shall be paid by the City to Consultant ac the maximum allowable legal rate on all billings unpaid beginning sixty (60) days from Che date of billings. Bork performed a[ the request of the Cicy, outside the limit specified in this Agre emenc, is to be designated as extra work on monthly invoices. kork • performed in connection with an authorized written change order will be so designated on said invoice. Fayment shall be based on the percent of completion of each task outlined in the Fee ScheduL for Dav Creek Project (Table II of Exhibit A). De[e rmina [ion of percent completed shall be the sole judgement of the Ci[y in consultation with the Project Manager and Consultant, Consultant agrees that in no e:•en[ shall City be required to pay to Consultant any sum in excess of ninety-five (95) percent of the maximum payable hereunder prior to receipt by the City of all final docur„e nts, rage they with all suppleme ntai technical documents as described herein, acceptable in form and content Co City. Final payment shall be made not later than sixty (60) days after presenca Lion of final documents and acceptance thereof by City. CI T'! SpopngT City shall provide Che sere ices of [he Project Manager to act as the primary focal point for all comx.unications between City, the County and Consultant. The Project Manager shall be given full authority to ac[ on behalf of City in the review and approval of project design and coordination efforts. In addition, City shall use its best efforts [o provide to Consultant the following items of support: • -~- vy~ • a. Provide Consultant with up-to-date information as it becomes available which may have an effect on the services being performed by Consultant for the Project. b. Nake available to Consultant reports and ocher data relative to design and tors truction of the Project previously prepared by or for the County. c. Assist in oh twining access to and make provisions for Consultant to enter upon public and priva [e lands as required in the performen<e of Consultant's work under this Agreement. d. Examine all studies, reports, sketches, estimates, specif is atrons, drawings, proposals, and ocher documents pre seneed by Consultant and render necessary decisions pertaining thereto within a reasonable time so as noe Co delay the work of Consultant. e. Give prompt written noeice to Consultant whenever City observes or oche nai se becomes aware of any defect in the Prvj ec [. f. Obtain, with Consultant's assistance, approval of all governmental authorieies having jurisdiction over the Project and such approvals and consents from such othar individuals or bodies as may be necessary for comp le [ion of the Project. • 6. ESTIw 4I'F:S S ir.re Consultant has no coot rol over the cost of labor and materials or over compee L^ive bidding and market conditions, the estimates of construction costs pre: ided for herein are co be made on ehe basis of Consultant's experience and qualifications, but Consultant does not guarantee the accuracy of such estimates as corpared to Contractor's bids or ehe Project's construction cost, 7. SCSPEtS IC:i TE'vN _`:ATIO.7. PAoT. iAL ADDTT'0"/DELETIO" CR A. E;,;.~D,.,.~., 5..- np :~GRCFN ,.T C itv r.ay, at any time, suspend, [e rm ina [e, add Cv, delete from or abandon [his Agreement. ox any portion hereof, by serving upon Ccnsultant aC least fifteen (li) days prior written notice. Cpon receipt o.` said notice, Corsu L'ant shall immediate lv cease all work under this Agreement unless the no _i:a provides oche r,; ise. Kith in [hir tv-five (75) days o: service of said noeice, CiCp shall pay to Consultant a pe rcenta se of th total a^,o ~~nt aat'r.orized per task in [he Fee Schedule for Dav Creek Project (Table II of E>:'.iS1[ "A") based upon the percentage of the services .iCh.in ea<h, tas;: completed as of the effective date of to rmina ti on~ In co event shall the amount due exceed the ma>:ir.,um payment authorised pursuant [o Se ttion 4 of [his Agreemene, Consultant may not Ce rmina [e this Agreement except for cause, • -4- y Y3 If City suspends, ee rminates, adds Co, deletes from, or abandons a portion of this Agreement, such suspension, to rmina [ion, addition, deletion, or abandonment shall not make void or invalidate the remai rder of this Agreement. In the even[ of suspension in excess of 90 days, the Consultant is entitled to rene goeiate the fees. 0475 ERSHIP OF DOCL`M ENTS AL1 studies, surveys, drawings, maps, models, photographs, reports, plans and specifications prepared by the Consultant, whether in drafe or final form, pursuant to [his Agreem¢n[ shall be considered the property of the City; and upon pa}asent for services performed by Consultant, copies of such documents, upon request, shall be delivered to City 67 Consultant. Such materials are inserumenes of se rvites relative to ehe scope of this Agreement, The plans or designs developed by Consultant under this Agreement are not authorized for zeuse at locations other than originally intended. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desira. City agrees to hold harmless and indemnify Consultant against all damages, claims, and losses including defense costs, arising out of any :e-use of the documents far othez projects and any use of incomplete documents, by City or its employees, wi Chout the written authozization of Consultant. 9. IVDEPESDEST W`:?RA CTOR • The parties hereto agree Chat Consuleant and its employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of City. ... 4c c'pl Vo assignment of this Agreement or of any part or ohligation of perfo rr..ance hereunder shall be made, either in whole or in paY t, by Consultant without the prior consent of City. 11 . I }i D EiC:I FICATI07 City, County, [heir elected/apTcinted officers, agents, and employees shall not be liable for any claims, 'tab ilicies, penalties, fines caused by dmra ge or injury to persons or property resulting from any negligent or willfull acts, errors, or omissions of Consultant or Consultant's agents, e^ployees, er rep re santatives, not including liability 6y reason of aces or omissions caused by City, County, their agents, or employes, Consultant agrees co inde a.nify, defend, and save the Ci""-v, Cnun C;, and their elec r.ad/appointed officers, agents, and employees against any of the foregoing liabilieies not including Lia6iliry by reason of aces or omissions caused by Ci[y, County, [heir agents, or employees, and any casts or expenses, including reasonable attorney's fees, incurred by Cicy or County on account of any claim therefor • including claims by reason of alleged defects in the plans and specifications, •5- vyy 12. I9SURANCF. Consultant shall secure and maSntain throughout [he term of [he Agreement the following types of insurance with limits as shown, a. Worker's Compensation Insurance with statutory limits. Consultant shall require the carriers Furnishing such insurance to waive all rights of subrogation against City, its officers, and employees. Consultant, prior to commencing work, shall sign and file with City a certification as follow: "I am aware of [he provisions of Section 3700 of the Labor Code which require every employer to be insured againsC liability foT Worker's Compensation or to unde rake self insurance in accordance with the provisions of that code, and I will comply with such prow isiors before commencing performance of the work of this Agreement". 6. Comprehensive General Liability Insurance including contraceual coverage and excluding au como6 ile with a combined single limit of not less than Two Hill ion Dollars ($2,000,000) each occurrence and aggregate, «ith the companies and form of policy or polities suhj act to review and approval by City. • <. qu[omobi le, ecdily Injury, and Property Damage Liabili [}' Insurance with toms toed single limits of no[ less than Two Million Dollars ($'_.000,000) each occurre nee and agate ga to for bodily inj urv and Two lfi 11 ion Dollars ($„ 000,000) each occurrence and aggregate for property da^.a ge. Such insurance shall cower liability aT is ing oue of the use by Consultant of owna d, non-o~.re d, and hired automobiles in ehe pe r',ormance of Che «n rk he re~ande r. ds used he xe Ln, the ce r;n automobile r. eons a :'e hie le liters ed or re q~.u red robe licensed under Che California Cet.ic le Code. d. ConsII Gant shall P.:rr.i sh certificates of insurance to Ci b: evidencing the insurance coverage above required prioz to commencement of pe rforcances of se:vic es hereunder, which certificates shall provide that such irsuranee shall noC be cancelled except on chit^y (3C) da'a prior wrieten notice to City and shall maintain such insurance from the time Consultant commences pe rEo: manta of s=rv ices hereunder until [he carp le lion of such ser•: teas. e. Fox as e'~oee required policies, eRCept L'o rke is Co::.F ensa[SOn Insurance coverage, Consultant shall ob [win addi Conn: endorsements cap-,ink the City, Coun[c, [heir elec ce d,/appoin.ed off tears, a re n[s, anal ea.p ]ovees as add.tional ins ut'ed wish respect co itabilities arising out of [he pe rfo rmanee of professional sett ices here unce r. ,~ -6' yyr f. Consultant shall also secure and maintain, For the term of • this Agreement, professional lia6 it ity insurance covering professional negligent acts, errors, or omissions of Consultant, its agents, and employees with limits not less than One Million Dollars ($1,000,000.00). However, a bond or letter of credit acceptable to the City of One Million Dollars ($1,000,000.00) may be utilized Ln lieu of the professional liability insurance policy. Evidence of such insurance coverage, bonds or letter of credit shall be filed with City prior co the commencement of performance of services hereunder. 13. ENTIRE ACREEMEAT This Agreement supersedes eny and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to [his agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, . ^.tement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be valid and binding. Ar~y modification of this Agreement shall be effective only if it is in writing and signed 6y all parties. 14. NOTICES AVD DE8I6NATED REPRESENTATIVES Any and all notices, demands, invoices, and written con:cunicacions between the parties hereto shall be addressed as set forth in this Paragraph 13. The below-named individu als, furthermore, shall 6e • those persons primarily responsible for the performance by the parties m•,der this Agreement: P.ov Lamar, Project Manager, Boyle/Ludwig, 118 Airport Drive,. A:i;e :10. San Bernardino, California 92408. Ruben V. Montes, Proj ecC Manager, San Bernardino County Flood Cosa rol District, 825 E. third Street, San Bernardino, California 92415-0835. Any such notices, demands, invoices, and written communications shall be deemed Co hate been received by the addressee forty•eight (48) hours after deposit thereof in the United States mail, pns rage prepaid, ar.d properly addressed as see forth above. 15, GO': EE KING GVly Ihis Agree r..e ut shall be governed by and cons :: ued in accordance with tF,e laws of the State of California. -)- • yy~ • 16. ATTOR`:EY'B FEES In the event any legal proceeding is instituted to enforce any ce rm or provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorney's fees and costs from [he opposing party' in any amount determined by the Court Co be reasonable. IR 4IT.~EES {7hERE0F, the parties hereto have caused eh is Agreement to be e:ce cued the day and year first above written. GIT1' OF RA.VGRO WCA>f0`:GA BO'i~L+E/LL,'D/::/IG, apJ Dint Venture // ~1 9 S~C/5~ Jon D. Mike is ~ oy .: amar, Managing ngineer Mavor BO1'LE E::GIFEERI&G CORP. Dace: ~~ 5-34J5 ATTEST: Glen L. Ludwig, 0 er LL'DGIG E7:GINEERIt By: Beverly A. Authe le [e City Clerk • APFRO'<E7 AS TO rOR.`t Bv: Cit. At rorney _B_ yv~ '}Fk~ tI BIT A • PROJECT SCO.E OF I:OR}: PRO !ECT DISCti SSION The Jo ine Venture of Boyle Engineering Corporation and Ludwig Engineering, will perform consulting engineering services necessary for the development and preparation of contracc plans and spe r-if ications relative to improvements contiguous to the Day Creek Channel located in the City of Rancho Cucamonga, San Bernardino County. The work primarily consists of: the design of seven (7) street crossi r,gs over Day Creek Channel, including the bridge structures, access roads, detours and the side la ce ral drains located within the street crossings; the design of Day Creek Basin and its inlet and outlet s truccures; ar.d the design of a side lateral drain along Hysopp Street from Dorset Street to Chervil Seree t. The seven street crossings are: Highland Avenue, Victoria Park Lane, Baseline Road, Church Scree e, Foothill Boulevard, Arrow Route and 7th Streee, Final design shall be completed in accordance with the Design Developmenc Report. All design work shall be in conformance with County and City Standards as applicable, and suhj ect to their review and approval. The Design Development Phase of the project and the design of the Day Creek Channel will be performed by another consul ring firm retained by • the Ci'y. A detailed proj et[ scope of work 6xe akdow~ is contained in the Scope of 'dork outline following Che description of the proj ecc limits. This outline is presented with major tasks and functions grouped by disc io:ine for reference and ideneiEica[ion. II. PPA IECT LIMITS OF '.OR}: The limits of the proposed improvements conci iuous to Che Day Creek Channel are bounded on the south by the southerly right of way of 7th Street, on [}te north by an East-Pest line 200 feec nor [h of the northerly ri gh: of wav of Highland Avenue, and Co ehe east and west by varying distances along streees and roads traversing Day Creek, which are ider,tif ied in the ouclin ~d detail Scope of Fork. III. SCCPF. OF 4;OP,K OCTLP:E A. Gene rr.l provide coordination of pro;=c` related ac G'v i.t:es to [he Cirv and Proj ecc Ma na eer for wmpacibili[y with final project design. -1- • yYP • 2. Coordinate project activities through the CL[y with the City's Design Development Phase consultant in ord t er o expedite the interphasing cf the project design information and the elimination of unnecessary duplication o£ proj ec[ tasks and functions. 3. Incorporate into the .`final design all pertinent informal ion, materials, and drawings generated by the Design Development Phase -:onsuleant without lode pende nC review 6y Consultant. 4. The Boyle/Ludwig project manager will coordinate proj e<t design activities, schedules, and review meetings as required with the City, Project Manager, and other related project consultants. 8. Data Collection 1. Obtain pertinent proj ece studies, reports, plans and maps, and other documents including: a, Property maps and legal descriptions, b. Topographic maps (other consultants), c. Existing utiliey info r.aa[ion, (SCC, SCE, T_1. • Cable, F'a to r, Sewe x) d. Studies and preliminary project data, e. Pertinent design data (City, County, Ca lTrans), f. Hpdtologa data anal studies, g. Area developme n[ plans (Developers), h. Es fisting bridge drawings, (CalTrans, County) i. Eseablisted design review procedures (City, CalTrans), and j. Final D=_sign De ve to pcent Report for Day Cre e'r. Chancel, Consultant is entitle to rely e;; d:e accuYac: of dot u;r.c.n `s provided by others w'ich o~.it indeper:dent 1'evie•.r. 2 yy9 C. Hydrology Study • 1. An Overall Mas ter H}drology Study of the Day Creek Basin and tributary areas is being conducted by the City of Rancho Cucamonga. Data from this study will be made available to Boyle /Ludwig for design purposes. Consul rant is entitled to rely on the accuracy of the study without indepe ndenc review. 2. The interim hydrology study for the drainage structures necessary at the street crossings will be Conducted to es Cabl ish data and information for: a. Recommendations for interim side drainage capacities at the street crossings to actommoda [e drainage based upon a 100 year frequency flow. b. The design of side drainage fat ilieies in Che street crossings over Day Creek Channel from areas within the project limits. D. Survey and Topographic Mapping 1. Various field suzveving [asks to be performed during initial and final roadway crossings design are: a. Ground control for ropograph is mapping, • b. Location of prope Yty corners, right of way boundaries, and se<tion monuments, c. Utility location, d. Surveying for Channel crossings, e, Scree[ and channel centerline control ties, and f. Coordinate with Ci[v's ocher consul Cants to insure uniform datum and control. 2. Topographic mapping will be performed roan accuracy suitable foY the preparation of GO scale base maps xith one (1) foot contours for the charnel crossings wF.e re construction plans are Co ba provided. the City's Design Development Phase cots ultanC will be furnished with 1" 40' scale reproducible prelimina r: plan drawings with one foot s<re coed r.onto urs to be used for Fre lim inary Design Development Phase studies for the channel street crossings to be designed by Boyle /Ludwig. These preliminary plans will have depi<ted thereon the existing right of way, property • _}. y~o • lines, utilities as advised by respective utility companies with the limited investigation provided below, and survey data necessary to locate existing topographical features identified. E. Utiliey Investigation 1. Ident ifv utilities located within the limits of the roadway crossings, based on available data provided by the City and local utility agencies, such as: a. Cucamonga County Water Distr ic[: Rater and Seder, b. SLC 6 E: Gas and Power, c. Communications: local ce lephone company, d. Ai 6 SF: railroad and ee le graph, and e. Other agencies as the investigation requires. 2. Furnish the City's Design Cevelopme nt Phase cons ulcane with identified utilities and their location within the project Brits. • J. Foll o•ding identification of utilities and their l ecation, develop preliminary drawings indicating utility im•es ti gation data and schedule reviews of these drawings with Che City and utility ago nc ies. Submitted with these preliminary drawings will 6e requeses for relocation (or possible reloc ati o;;l of those uti li Cies where known conflicts wish proposed cons [ruction exists. 4, Locate identified utilities on final drawings ar.d cross sections, ~. The Consultant will coordinate with utility companies all utility location, identi Hcation, and potholing efforts. Rec essary potholing re quests will be for::arded Co the affected uC lines. The project cons:'. tact will not conduct potholing operations. The Ci b: iai :1 ass ise in resole ir,g utility Lights, and f n~nchises, and perform the necessary potholing if the utility coa.pan ies refuse to do so. .~ ' 4. y~-i 6. Potholing and location of potentially inteTfer ing • utilities shall be the responsibility of each utility owner. City shall assist Consulcant in obeaining necessary field information from affected ueiliey companies, All utility location re ques CS. potholing records, and plans showing related utilities shall be documented by the Consul CanC on a master utility no tlce log to be turned over to the Gi[y upon completion of [he design efforts. F. Coordination with CalTrans, CiCy, County, and Other Agencies 1. Consultant shall coordinate design with GalTzans, Cicy and County for street crossings (bridge or culverts) which interface with current and future master plans. 2. The Consultant may be required to provide all pertinent design information co the Pro~ecc Manager for his effort co coordinate with the Bureau of Reclamat{on. 3. The Consultant shall prepare and submit for approval by the City and CalTrans, an overall conceptual detour master plan for all crossings to determine the lot aC ions of the detour bridge crossings. G. Right of Way and Permits 1. Consulcant shall prepare a 24" x 36" map of suicab le scale far acquisition of right of way indicating: a. Boundary controls, b. Property boundaries of all land affected, and c. Dimensions of rights of way needed. 2. All required rights of way shall be flagged by the consultant (one time), 3. Legal descrip cions will he prepared for dedication purposes, 4, The consultant will provide necessary coordination with Che City, who will secure all property, easements (permanent and Cemporarv for construction), and enc roa<h:.ent permits Te qu iced for the proposed project. -5• C~ ys i • H. Geotechnical Investigation 1. Consultant will coordinate project soils/geo to chnical requirements through the City. The soils/geo technical report as generated in the design development phase will be incorporated in Che final design. 2. Soils investigation work necessary to complete the final design mey require further soils/geotechnical study. If further work is required, Consultant will provide work in accordance with the attached proposal by Woodward Clyde dated May 20, 1985. All Eees Sncluded in this effort shall be in accordance with the terms and provisions of Exhibit "B". 3. Soils investigation for the Day Creek Basin and Day Creek Channel at crossings will be furnished by others. I. Streets and Channel Crossings Within the project Scope of Work is [he design of seven vehicular crossings over [he main Day Creek Channel. The design of these crossings will include street and drainage improvements which will extend easterly and westerly to project limits. Specific project • limits have been established at some crossing locations, while limits at other locations are fo be established during the preliminary project development and coordination wick land development entities. The following list of channel crossings ace identified b}' street or road name and includes a desc rip cion of the project limits as currently established and major task functions relati•:e to each c rossir.g: Hifhla~d Avenue (State Highway) a. Prepare construction plan for street improvements from Rochester Avenue to the East boundary of the Edison easement. (1) Full street improvements (44' pavement, south side curb and gutter and '•foot wide dirt rt.edtan (half) on north side) from Rechas tee Avenue co 300'+ east of chanre 1. (2) 2-Lane pacament (25'±) from !i) above to 300'± •.:esc of Tract 12016, -6- y s~ (7) Pavement transition east and west of work • described in item (1) per Cal2rans Standards. b. Prepare Detour Plans - coordinate with CalTrans. c. Design Channel Crossing: (1) Bridge width: 44' curb to curb with 7-foot sidewalk on south side, (2) Bridge length: approximately 38 feet, (3) Highway loadings: H520-44. 2. Victoria Park Lane (Rochester Avenue) a. Design channel crossing for Victoria Park Lane (2 separated vehicular structures and one equestrian trail crossing) per criteria to be furnished by the City: (i) Bridge width: 2 @ 24' curb to curb wish outside sidewalks and barrier railings, (2) Bridge length: approxima [e 1y 66 feet, • (3) Clearance: 12' vertical over top of channel; 12' horizontal on each side of channel, (4) Equest;ian bridge: 10' x 42', (5) Loadings: Highway @ H520-G4; Equestrian @ H610. J. Baseline Road (120' right of wav, 94' curb eo curb, median island) a. Pre pn re al: gnme nt plans from Milliken Avenue (fuCw re) to ECiwanda Aae nue. b. Prepare profile grade design from Rochester Avenue to future Day Creek Bo•,ilevard (npproxirm rely 1300 fee: ease of channel). ~- r L yr4 Prepare construction plans from Rochester Avenue c • , to approximately 400 feet east of channel. (1) Full improvements (both sides curb and gutter, median island and pavement) from approximately 300 feet west to 400 feet east of the channel (across Edison Corridor). (2) Full southerly half and one lane pavemenc on northerly half, including median, from Rochester Avenue to (1) above. (3) Trans itien pavemenc at both ends (per CalTrans Standards). d. Prepare construction plans for side drains per Victoria drainage plan from Rochester Avenue co channel. e. Prepare detour plan. f. Design channel Crossing (1) Bridge wideh: 94' curb to curb with outside sidewalks and barrier railings, • (y) Bridge len¢ch: approximately 32', (3) Highway Loadings: H520-44. 4. Ch•~r<h S[reeC (BB' right of way, 64' curb Co curb) Prepare an a:Ce rnacive alignment stud;: Eton a . - existing Germ inns of Church Street (300'± west of channel) to proposed Miller Avenue per Parcel Nap 7966: (1) Study requirement to remove existing Edison COW¢r5, (2) Study offsetting street alignment and requiring acquisition of existing houses and extra tight of way, and (3) Determine ecocomics of each alternative. -8• y> >' b. Prepare street profile grades from end of Church . SCreet to east side of channel. c. Prepare construct ion plans for aside drain from Rochester tract to the channel - Line 7 of Terra Vista Master Drainage. d. Design Channel Crossing: (1) Bridge Width: 64' curb to curb with sidewalk and barrier railing each side, (2) Bridge length: approximately 38', (3) fii ghway Loadings: HSZO-44. 5. Foothill Boulevard (State Highway) (120' right of way, 94' curb to curb, median island) a. Prepare roadway profile from Rochester Avenue to future Day Greek Boulevartl. b. Prepare construction plans for full street improvements (both sides curb and gutter) From approximately 300 feet east to 300 feet west of the Channel, (across Edison Corridor) including • pavement transitions. c. Prepare construction plans for a side drain from Rochester Avenue [o the channel per Line 6 of Terra Vista Master Plan of Storm Drains. d. Prepare Detour Plans (coordinate with CalTrans). e. Design Channel Crossing: (1) Bridge width: 94' curb to curb with sidea'a lk and barrier railing each side. (2) Bridge length: approximately 38'. 6. P.r-nW P,oute (100' Tight of way, 72' curb to curb) a. Prepare alignment plan and profile grades from Rochester Avenue to exiseing stxee t. ir.pzavemenes at n^.e ron Plant. -9- • ys~ b. Prepare construction plans for full improvements (both sides curs and gutter) from approximately 400 fee[ vest co 500 feet east of the channel (across the Edison Corridor and Freeway right of way), including transition pavement. c. Prepare cons[: action pans for side drains: ' (1) West side: From channel co Rochester Avenue. (Line 17A to City's Master Planned Storm Drains.) (2) East side; From charnel to the firse - exis ring culvert approximately 1400 feet eastezly. d. Prepare detour plans. e. Design Channel Crossing: (1) Bridge width: 72' curb Co curb with sidewalk and barrier railing on each side. (2) Bridge length: approximately 50'. (3) Highway Loadings: HS20-44. • R 6 UTE TO 7C0 FEE' '+EST OF ROCHv S`E7; W R A. A RO O a. Prepare construction plans for a side drain from Rochester Avenue to approximately 700 feet westerly per Line 17A of the Citv Clas ter Plan. 6. Prepare detour plzns, if necessary, 7. 7th Str t (89' r'.c~' •.: v u.h -o curh) a. Prepare alignment plans and profile grades from 7th Street ramps (future) to existing 7th Street at Pic-`:-Sav grope: t;;. b. Prepare cons true Lion plans far 7t'n Street from Hysopp Street (first street east of Devo re Freeway) to east Right of Way Ltne of CP.e channe i. inr lacing a temporary drive•day connection to existing winery east o£ Che channel. -10- yr7 c. Prepare details and tabula [ions for side drain on • each side of channel. d. Prepare hydrology for the drain stub outs. J. Dav Creek Basin 1. Upon completion of design development phase, prepare basin const ruction plans, specifications and cost estim ate: a. Furnish topographical mapping, and prepare plan, pro £ile, cross sections, and details on 1" - 80' scale plan for grading, 1" - 40' for details). 6. Design spillway, proposed ir.le ts, and control structures. c. Perform quantity take-offs and se gregaee bid items. d. Prepare cost estimate and draft specifications for basin construction. e, Perform final design check and review with City and County of conformance of design co applicable • ordinances/design standards. f, Prepare final tons ruction plans for basin inlet structure and ouelet structure. ?. The following data will be furnished by the Ci tv and/or City' s consultant co perform final design of the basin: a. Hydrology of CribUta ry area. 6. Hydraulics of the axis ting facility. c. Proposed design parama to rs: (I) Ite tent lon, (2) Peak discharge, and (3) Design s:o rr.. hydrology. 11- yrB • d. Geological evaluation of the site. Consultant is entitled co rely on the accuracy of data provided by others wichouc independent review. K. Design and prepare cons cruction plans for a lateral drain from Tract 8369 to the channel. The tentaeive alignment of the line shall 6e as follows: Along Hysopp Street from Dorset Sexeet to Chervil Street, then east ac x055 the Edison CoYr idoY Co Che channel (appros ima to length of pipe - 1000 feet). IV. Prenara[ion of Contract Documents The consultant will develop final construction contract documents through the ince rphasing of four disciplines of engineering design. These coniracc docwents shall be prepared in a format as directed by the Proj ecC Manager, for incorporation into the overall bid package in conjunction with the City's ocher consultant. These four disciplines are iden[if ied as: Civil Site - Drainage • - Streecs and Roads - Channel Crossings Dav Creek Basin Each d'_sc ipline will prepare drat: irgs ar.d speciEica [ions relative to the work [asks outlined and identified under the Scope of pork Ou [line. 'Che description of each project work item contains detailed limi cs of work re laCive Co the improvements contiguous to the Day Creek Channel. The con_racC drawings for each spetif is location will indicate Che gene ral inforeation and construe cion details given in the follo•<ing tentative list of dra•.aings grouped by discipline, and which may 6e r.odiEied as directed by the Project i'ansger. -12- Nr9 Civil Site Master Detour Plan - including design and striping • Plan and Profiles Existing and Proposed Right of Way Section Lines and Property Corners Existing and Future CCiliCies Existing Fac ilitics S truceures within 1D0 fee[ of Righi of L'ay Control Survey Data Contour Base Background Dzainage Plan and Profiles Existing and Proposed Right of W'ay Existing and Future Utilities Existing Facilities Drainage Details Contour Base Ba<kground S creels and Roads Plan and Profiles Cross Sections Detour Plans Contour Base Background Street Drafnage Utilities S ignir:g and Striping Lighting Chancel Cross i^,gs General Plans Foundation Plans and Details Sections and Details L't ilities Demoli Lion Temporary Construction Dec o~.:r Bridge Plan as required Boxing Logs for Bridges as required V. Prconacd Dr.:. •.; ir- L'st The fn llc~.:irg tab ie presents a hreakdovn of the app mximate mr..,S er of project drs: ings, 13- L J • y~o Based upon [he type of prof ec[ work effort and casks outlined under • the Scope of Mork, most drawings will be developed into final contract docu.:.ents, while some will 6e ucilized for alternative study, project coordination and development. A -14- 4G/ a m o _ I ~ ~ ~ ~ ~ ~ i ~ ~ a I N I o i ! , a ' ~ ~ ~ i J N _ sm ~ ' ;~ i ~ I ~~ ~~ ~ i _ i i ~ ~ ~ P m ^ I ' N i ~ I I n O i n i I r ~ ~ I I I ~ I _ , i I I r ~ ! I 9 u 9 7 N y S ~ J E $ t ~ s a a ~ ~ y b ~. i q~ iV V N • Y T ~ ~~ + ~ ~~~ ~~~III°~ ~ I a I ~ dyiil ~. _ y a ~ ~ „.Mi I ~ II 1 l I r~ V N I M N I I ' ~ ~ Irv li O I n lil ~ I ~ O it ~f~IN r ~ O r~ O ~~ i ' NS II I I I 1 ~ N l I N ~ I N I I r I h M I I N I I N I ~ '0^1 11 I ~ l I o Io I 1 i 0 ~ n j - I NI pN O` ., I ' NV „ NIN d. q ' M I N v~l I V m I I -' ~ o P ~ a ..~ ~ I a1 ~ ;~ li cI ~ ~ ~ ~ ~ ~ ~ II ° o ~dlillm I ~~ g ' u I I I ~ l ~ ~ I I , I H ~ ,. ~ I , o _ li ~ ° ~ ~ 1 y M ~ , .. ', ~ ~ ~ y ~~' ~ ~ i , I ' I I ~~ a ~ ~ I ~ ,~ 2 ~ ~ ~ ~ i o i ~ ~ i rv ~Il ~I ~ ~~ H I I M o I ~ I Jp 4 ~ " I Mil V I l a 1 ° $ ,• ~ ~'I i I I & _ ~ f I M wll aw ~ wig . . I ~ -. ~ ~ ~ n` I N"~ Ia o ",~ .o ., I 0 I ^, c m n ~ ti I y~ ~ t a ., i ^! r ii M i M y I B u u • - a _ ~ ~' I o 1f 0 _ ,. P I m _ u r rv v~ m I m v ~ H N . s 1' U ~n N M M ~_~ -.J. ~'~ V ~ ~ ~ 6 OO VIM ~` ry . i ~ ~ y y i . N i r My M M M ~ III ~ a ! ~ i ~ ~~ ~ ~N O n r i .i ~ N N ~ ~ Y ~ P - i o I ~ ~ ~ u c ~ , PH ~ N Ny v ` L ~ ', 'il ? I € o E ` ~ ~€ 'o~ ~I • Nom: ~, €~, I IC I , iL - ,,, s I I ` I ~ I I ~ ~'~ I I n r m I `c ~ ~ ~I ` C ° r g I I I fir i I o ~'I c `' ~ a ~ xl m ~ - I Iii ~ ~ e I I II' $I°I E ~ ~ s .. o~~ ~ ~ 0 ~ I I 0 y ~I BIT "4" BOYLE /LPDAIG A JOIP:T VESTURE FEES FOR PROFESSICCAL SERVICE S APRIL 1985 CL45SSF?C:7Ti09 R?_TE Engineering/drehi :ecture Consulting Engineer/Ar<hiteU $1 10 .00 an hour Principal Engineer/Architect $ 60 .00 an hour Senior Engineer/Axchitecc II $ 67 .00 an hour Senior Engineer/Architect I $ 57 .00 an hour Associate Engineer/Architect $ 46 .00 an hour Assistant II $ 40 .00 an hour Assistant I $ 34 .00 an hour Designing/Drafting Designer/Supervisor $ 56 .00 an hour Senior Designer/Technician $ 53 .00 an hour Designer/Technician $ 41 .00 an hour Senior Drafter $ 34 .00 an hour Deaf ter $ 27 .00 an hour Inspector $ 36 .00 an hour Field Surveying Field Crew Supervisor II $ 54 .00 an hour Fie 1d Crew Supervisor I $ 50 .00 an hour 3-Man Survey Crew wi ch E}9 $139 .00 an hour 3-?tan Survev Crew $125 .00 an hour 2 J[an Survev Crew with E:ID $107 .00 an hour 2-Man Survev Crew $ 93 .00 an hour Electronic Measuring Device $ 60 .00 per day Miley ce - Truck $ 0 .35 per rt.i le 9i sce1laneeus Clerical $ 23 .00 an hour Printing and Blueprinting Actu al Cost + 108 Travel - Automob iLe $ 0 .22 1 per mile Tra~: el - 0[heY Than Automobile Actu al Cost Ma feria is Testine and In-Plan[ Inspection AcCU al Cost + 108 Aerial Photogrammeery Service Actu al Cost + 108 Seiis Investigation and Field Tests Actu al Cost + 108 Computer Services See Sep arate Schedule • It is unders toed and acreed :hat the a.`o rer„entioned rates and charges include all no rr.al equipaent and :aterials used in connec [ion '.'i th Che production of the required engineering se r: ices. BOTLE/LL'Di1IG will Eu rnish monthly billings foe all services rendered and s~~p pl ies furnished in :c Gorda r.r.e •: ith the above compensation provisions. Pa}'ments shall be due and payahle to BO'i LE/LL'D'd IG upon presentation. A late payment Einance charge will be computed ar the periodic race of 1.5 percent per month and will be applied to any unpaid balance commencing thirty (30) days after the date of the original • invoice. Races subj eft to general revision 8/1/E5, 4LY EXHIBIT C 0 W J W U(~ Vl I z YI O W ~ WI U rr I ~ Ui ~ ~„ z CI ~ ~, U p Q Z V W r 0 W ~ - - - - _ p ~n - _ - -_- - __ - V ----- -_--_ N - --_--_ __-' Z ~ _ ot .._ .. rF..=.: :__. N~ z --_ -- - '= - _ N _ U ti __ -_-. _t___ .-_ V _ ~L ___ o ~ =_ =: ~ :_ . __.. _ Z Q ~ _ w° _I .. >' - - 'n V ~ ~ W +I .. _ W _ is ~ .. Q JL' ~ .. I 2v~ Z u, I 1 .... . . _ - J J ~ 3 - ~ ,.. 0 ~I rl it z~~ a> ~o w~ c>~ w _ o _ N ~ ~ ~I U U U Q Q 4I W W W ~ C N Z Q O ~ ~ ~ O F N ~ ~j LL N o u I w ~ J ~ C Z ,~ _ u Q w = Z N Q z m Y y W W ~ m W O ~ e 3 c? v Q Q ~ J W ' WN^ V a. .. Y ? 2~ ~~ O N fD N ~ o~F .,.~.. C ~ ?; . ~ ~ LL ~ N W ~' ~ a W {~J1 O N f S S r y~, tb3 None Gr ,:c^ C"~: a~ U . a 4na 2 .. I ~. d• Nic C: Irv' Jr JC' "n~ 20 May 1985 Mr. Roy Lamar Boyle Engineering Corporation 118 Airport Drive, Suite 212 San Bernardino, California 92408 SUBSECT: REVISED PROPCS.4L FOR GEOTECHNICAL INVESTIGATIONS DAY' CREEK BRIDGES, CROSSINGS, AND PAVEMENT DESIGN SAN BERNARDZNO COUNTY, CALIFORNIA Dear Mr. Lamar: Woodward-Clyde Consultants (WCC) is pleased to present this proposal to provide geotechnical investigations to provide input to the design for the proposed roads, crossings and bridges over and near the proposed Day Creek Channel in San Bernardino County, California. This proposal is based on discussions with Messrs. Doug Powell and Roy Lamar of Boyle, a brief review of geotechnical reports for projects in the nearby area, WCC's experience, and WCC's proposal dated 3 May 149. We understand that several bridges and crossings may be constructed to span the proposed Day Creek Channel which will extend south from the proposed Day Creek Debris Basin Dam to Wineville Basin. Roads nay also be constructed which lead to and from the bridges and or crossings. The proposed bridges will most likely be supported at each abutment with deep foundations. Crossings may consist of roadways over culverts, pipes, etc. We further understand that this work would be completed in the sane general time frame as our work on Day Creek Dam and Channel. scope of Services On the basis of our discussions with Mr. Lamar, we propose the following tasks for our investigations to provide geoteci r,i cal input to the design of each of the new bridges. The various tasks in our scope of services are as follows: r..^ervs 0:: r:".. ,S:p:Y ^5 r QRY % nt'J~1 ~ ~~ 9c~ Woodward•Clyde Consultants • U Mr. Aoy Lamar 20 May 1985 • Page 2 Bridge Investigation Task 1, Geology - Our geologic review will consist of a site reconnaissance and review of available pertinen*_ literature. Our present opinion is that on-site trenching will not be required for this project; therefore, we have not included trenching in this task. We will provide a description of the geologic and seismic conditions at the site with an estimate of the depth to bedrock at this location, as required Caltra ns for the design of bridges. IL is estimated that this information will be available from our Day Creek studies related to the dam and channel. Task 2, Field Investigation - We propose to drill one boring approximately 60 to 90 feet deep at each abutment and up to one boring 20 feet deep at each embankment fill. Sack samples of the near surface subgrade soils and driven samples at approximate 5-foot intervals (10-foot intervals below 40 feet) will be obtained in the borings. Driven samples will be obtained with either a modified California, standard penetration or Shelby tube sampler depending on the soil type encountered. It is noted that the second deep boring drilled would be a check Coring without sampling or • with only inf requeni samples taken. Task 3, Laboratory Testing - We propose to test selected se;-,p1es obtained in the borings is aid in our evaluation of t~neir engineering properties. For budgeting purposes, we estimate that we will conduct the following tests: 5 mechanical analysis or plasticity tests, 20 moisture content-dry density tests, 2 ur.c c;,f fined compression tests, 1 consolidation (confined compress io r. test), 1 corrosion Cest (sulfate, chlorides, and salinity), 1 R-value test, and 1 compaction test. Task 4, A.^.alysis - The results o: our field and laboratory tests will provide the basis for our geotechnical conclusions and recor:,mendations regardrng: ° estimated depth to bedrock; ° earthquake hazards (locations of nearby faults an9 maximum ar,ticipaied bedrock acceleration); ° site precaration and g:adin, of abutments; ° estimates of expected settieaent of abutment fills; yG7 _ Mr. 4oy Lamar ~ 20 May 1985 Page 3 ° preliminary pavement thickness (based on traffic • information provided to us) and subgrade preparation; ° vertical pile capacities (vertical downward and uplift capacity); ° lateral pile capacities; and estimates of settlement of pile foundations. Task 5, RePOrt - A report will be prepared summarizing the data and results of the analysis and will address the items contained n the Calt rams materials report. The scope of services of Tasks 1 through 4 is a format which should comply with Caltrans requirements. The specific elements required for CALTRANS review and to meet the project requirements are those listed under Task 4. Road and Crossino Investigation (seven locations) Task 1, Geology - The geologic review will be as described in Task 1 for the bridges. Task 2, Field Invest igaton - We propose to excavate two backhoe test pits up to 5 feet deep at the site of each • crossing. We will visually log each pit and obtain bulk samples for laboratory testing. Task 3, Laboratory Testing - We propose to test selected samples obtai^.ed in the test pits to help estim,a to the su6sarface soi:s traffic suppor'_ing capability, k'e estimate Chat for the se'.'en crossings we will conduct the following tests: 17 R-value tests ar.d 7 mechanical analyses or Atterberg Limits. Task 4, Analysis - The results of our field and laboratory tests will provide the basis for our geotechnicaL conclusions ar.d recor, emendations regarding: ° pavement thickness design ° site preparation The recom,-..enda.ions will be provided for each of the 7 crossings. Task 5, Renor_ - A report will be prepared sucmari zing the field and laboratory data and results of the analysis. • y~e Mr. Roy Lamar 20 May 1985 Page 4 • Estimated Fee and Scheduling We propose to complete the scope of services outlined above for each site in accordance with the terns of the attached General Conditions for Professional Services. Our fixed fee is detailed below by <a sk: Seven Each Road and First Bridge Additional Cressirx3s Investigation Investigation Investigation Task 1, Geologic Investigation ' Task 2, Field Investigation $ 3,000 $ 2,500 $ 2,200 Task 3, Laboratory Testing 1,300 900 2,400 Tasks 4 an3 5, Analysis and Report 4,600 3,700 1,500 TdIAL $ 8,900 $ 7,100 $ 6,100 The fixed fees quoted above assur,~e that we will be provided access to the boring/backhoe locations and information regard i..^.g existing underground utilities in the area of the proposed boring locations. We will not be liable for damage or in;ury arising from da^~age to subterranean structures • (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown on the plans furnishe3 us, in connection with work nerforned by us. We will initiate the work within five days after receiving your ••»•r itten authorization to proceed. For each bridge, we anticipate i'_ will tak_ about two weeks to conplete the data review, geoloe is inc estigation, field investigation, an3 laboratory testing, and that the report can be issued within about two to three weeks after completing this work. An additional week should be added to the schedule for each additional bridge investigation authorized simultaneously. For the seven crossings and roads, the field investigation shoal: be co^.pleted within one to one and one-half weeks after receipt of written authorization. The laboratory testing should take an additional one to two weeks. The report wall be issued about one to two weeks after completion of the laboratory work. tie will provide oral opinions regarding the ge otechnical aspects of the project as the data become available and analyses are completed. ` Assar.ed to be available from Day Creek Dan and Channel Investigation. yc9 Mr. Roy Lamar 20 May 1985 Page 5 We appreciate the opportunity to prepare this proposal. If yov have any questions or require additional information, please call. For your convenience, if you wish us to proceed on this project, please sign and return one copy of this proposal. Very truly yours, WOODWAAD-CLYDE COtiSllLTANTS John A. Barneich Vice President JAB:AMY!ea Attachments A11en M. Yo roan, Jr~ Project Eng Weer AUTHORIZATION TO PERFORM GEOTECHNICAL INVESTIGATION Total First flridge Investia anon $8,900 Each Additional Bridge investigat'_cn x $7,100 Seven Roa3s and Crossings $6,100 TOTAL AMCO::T OF AUTHORIZATION Company: ::ane. Signature: Title: Date: • u y ~o •~ 1885 SCHEDULE OF CHARGES MbodwnU•Cyde Co~aullarlb ~~ • SCMEDULEA Tl:e - a`vl u4inn aM fee for o rvi:ea :r yr ae] en Mrnurl r5c c the A-en ern Son e~y^> :1v'1 [narneera. 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AC pN Neu Jreme nt ........................................................ 16.00 nB,ralv,: )' Er. UrrTr rr ............................................... bS .00 s.oe [qu:v.:ent ...................................... ................. I1.OC CMno !m oUwr tn:• u9. o [acA n[. br:: ^.i• er:..ia <emP: o. wn te. u, cy plle la.e to:ine. Auer: .oar :n t, nr:La 6:neF1 av ¢a .Y.ur u.-. .nA P.mubilty err quoa eG oo r.9ue.t. ;A.C CL9: All ..-F :r. <r .n: s acA • r eL pc w.^. o! 60 A.Y• .(ter bnRl a loo of our [Ina r.pcn uc:es+ vq.: re 9+.a trot:-.r n. uPCr. nquo :. • •,:: Aatwr urplo b Yov u )'aJr c^.t or r. r.:l .t<n torn !.t )'au rGr ..^. .q[e.! .b:. q. <b rqr. t01-SSA j '`» Y 71 GENERAL CONDITIONS FOR PROFESSIONAL SERVICES OF WOODWARD-CLYDE CONSULTANTS, a Nevada Corporation (Hereafter "WCC") ARTICLE I: S1ETH00 OF CHARGING AND PAYMENT CONDITIONS The method of charging for services shall be on a time and materials basis and shall be based on the Schedule of Charges in effect when services are performed. WCC periodically shall submit invoices to Client. Client shall pay each invoice within thirty (30) days of the date of the invoice. However, if Client objects to aft or any portion of any invoice, Client shall so notify WCC of the same within fifteen (l5) days from date o[ the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. Cl:.:nt shall pay an additional charge of one and one-halt percent (I-I/2%) of the amount of the invoice per month or the maximum percentage allowed by law, which- ever ,s the lesser, for any payment received by WCC more than thirty (30) days from date of invoice. Payment thereafter shall first be applied to accrued interest and then to the principal unpaid amount. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event of a legal action brought by W'CC against Client for invoke amounts not paid, attorneys' fees, court costs, and other related expenses shat: oe patd to the prevailing party by the other party. ARTICLE II: CONSTRUCTION PROCEDURES • WCC shall not specify construction procedures, manage or supervise construction, or implement or be responsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not 6e responsible for construction means, methods, techniques, sequences ar procedures, or for safety precautions and programs. WCC testing or inspection of portions of the work of other parties on a project shall not relieve such other parties from their respon:ibitity for performing their work in accordance with applicable plans and specifications. ARTICLE III: RECOGNITION OF RISK Client recognizes that environmental, geologic and geotechnical conditlons can vary from those encountered at the times and locations where data are obtained by W'CC, and that the lim,tat,on on available data results in some level of uncertainty with respect to the interpretation of these conditions, despise the use of due professional care. ARTICLE IV; PROFESSIONAL RESPON51BlLITY W'CC represents that the services shall be performed, within the limits prescribed by Client, In a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to Client, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. WCC (0284) -I- w 73 %: ARTICLE V: LIMITATIONS ON LIABILITY For any damage cauxd by professional negligence, including errors, omissions w • other professional acts, and including unintentional breach of contract, by WCC, its employees, agents w wbcontractors, WCC's liability, and that of its employees, agents and wbcontractors, is limited to $50,000 or WCC's total compensation, whichever is greater. For any damage caused by negligence other than professional negligence, u'CC's liability, including that of its employees, agents and subcontractors, in the aggregate under this Agreement shall not exceed the limits o1 WCC's comprehensive general and automobile liability insurance coverage. In no event shall either WCC or Client be liable for conxquential damages, including, without limitation, loss of ux or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such claim is baxd upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non-professional, of either of them or their employees, agents or subcontractors. ARTICLE VI: INDEMNIFICATION If any claim is brought against WCC by any third party, including without lim,ta- iion any insurer asxrting subrogation rights of Client, relating to xrvices under this Agreement, Client shall indemnify WCC for all legal ices, consulting fees, including those of WCC, and other cells of defense reasonably incurred by WCC unless it is proven that WCC was guilty o[ negligence or willful miuonduct in connection with its services. ARTICLE VII;_ TIME BAR TO LEGAL ACTION All legal actions by either party against the other for breach of this Agreement, • or for the failure to perform in accordance with the applicable standard of care, however denominated, that are essentially based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its claim, but, in any event, not later than four (4) years from the substantial completion of W'CC's services. ARTICLE VIII: NO THIRD PARTY RIGHTS This Agreement shall not create any rights or benefits to parties other than Client and WCC. ARTICLE IX: ESTIMATED TIME SCHEDULE eecaux of the uncertainties inherent in the services contemplated hereunder, time schedules are only estimated schedules which are subject to revision unless specific- ally described as otherwise herein. ARTICLE X: ESTIMATED CHARGES AND PAYMENT CONDITIONS WCC charges are only estimated and shall not be regarded as "lump sum" or "fixed price" or "guaranteed maximum" compensation unless it is expressly so stated in writing. • WCC (0284) _2_ 4 79 • ORDINANCE N0. 263 AN ORDINANCE OF THE CITY COONCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADTHORIZ ING THE LEVY OF A SPECIAL TAR IN A f,ONMUN ITY FACILITIES DISTRICT NHEREAS, the City Council of the City of Raocho Cucamonga, Cal if ozni a, (hereinafter referred [o ae the "legi sla[ive body of the local Agency"), has initiated proceedings, held a public hearing, conducted an elecci on and received a favorable vole from the qualified electors relating [o [he levy of a special [az in a community facilities district, all as euth prized pursuant to the terms and prw is ions of the 'Metlo-flooa Co®unity Pa ci litiea Ac[ of 1982", being Chapter 2.5, Par[ 1, Division 2, Title 5 of the Government Code of the S[a [e of California. Th ie Commuoi [y Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred [o ae the "Die[ritt"); and NON, THEREFORE, IT IS HEREBY ORDAINED AS POLLONS: • SECTION 1: That the above reci call are ell true and correct. SECTION 2: Th a[ this legi sla Live body does, by the pa asege of th ie Ordinance, authorize the levy of ape ci al taxes at [he rate and formula and set forth in Exhibit "A" attached hereto, referenced and so incorporated. SECTION 3: That th ie legislative body is hereby further ouch oziz ed each year, by Reeoluti on, [o determine the ape cif is special tax rate and amount to be levied foz the neat fie cal year, except that the aped al [az rate co be levied shall not exceed that as set for [h above, but the special taz may be levied a[ a lover race. Said Reeoluti on shall be adopted oo later than the god meeting in .Iu ly of each year. SECTION 4: Properties or entities of the State, Federal or other local gover®en[e shall be exempt from the above-referenced and approved special [a a. SECTION 5: The proceeds of the above authorized and levied special tax may only be need [o pay, in whole or in pet[, Che costs of the fol losing, in the fotlav ing order of priority: A. Payment of principal of and interest on amy ou[etandi ng authorized bonded {ndebtednese. B. Ne ce Beery replenishment of bond reserve funds or other 9 reserve foods. C. Payment of costa and expeaeee of authorized public facilities and public services. t~ 7{ -d.~' Ordinance No. 263 Page 2 D. Repayment o£ advances and loans, ae appropriate. • The proce ede of [he spacial tax shall be levied only eo long ae needed For ice purpose, and shall sot be used toz any other purpose. SECTION 6: The above authorized special tax shall 6e collected in the same manner as ordinary ad Valorem taxes are collected and shall be subject to the creme peas ltiee and the same procedure and sale in ca see of delinquencies for soy other ad valorem [ax. SECTION 7: That chie Ordinance shall be in force and cake effect thirty (30) days after its final passage, and chie ape cif is euthoriza ti on ie pursuant to the proviei one of Section 53340 of [be Gaver~ent Code of the State of California. SECTION 8: The Mayor shall ai gn Chia Ordi Hence end the Ci [y Clerk shall cause the same [o be publ iehed vi thin fif [sea (15) days after its passage at least once in The Dailv Report, a nave paper of general circulation publ iah ed in the City of Ontario, Ce lif orni a, and circulated in the City of Rancho Cucamonga, Cal if ornie. PASSED, APPROVED, aad ADOPTED this day of 1985. AYES: NOES : • ABSENT: Son D. Mikele, Mayor ATTEST: Beverly A. Authelet, City Clerk I, BEVERLY A. AOTNELET, CITY CLERK of the Ciey of Rancho Cucamonga, California, do hereby certify that Che foregoi og Ordinance vea introduced at a regular mee[i a8 of the Council of [he City of Rancho Cucamonga held on the 15th day of May, 1985, and vas finally passed a[ a regular meeting of [he Ci [y Council of the City of Rancho Cucamonga held on the day of , 1985. • v~~ Ordinance No. 263 Page 3 • Executed [hie day of 1985 at Rancho Cucamonga, California. Beverly A. Authele [, City Clerk EXHIBIT "A" The Communi [p Fa ci lilies Die [r ict has been divided into two zones: 1. ZONE "A": General areas to 6e served 6y the drainage facilities, eaclueive of Zone "H". 2. ZONE "e": A limited area, being only partially served 6y drai Wage facili [i es. Zone "9" consists of those properties bounded on [he South 6y FOOTHILL SODLEVARD, on the Eaet by ROCHESTER AYENDE, on the North by BASE LINE ROAD, and on [he Hest by the prolongation of MILLIREN AYENOE. • 'fhe rate, me ch od and formula for the levy of [he epeci al tax for the rea pective zones, being Zone "A" and Zone "B", is as follwe, based upon a bond amount not to exceed $20,225,000.00, payable over a period of years not to exceed twenty (20) yearn. ZONE "A": NOT TO EXCEED $550.00 PER ACRE. ZONE "B": NOT TO EXCEED $550.00 PER ACRE for 190 ACRES. A[ such time as the Einal drainage pl as is e9tabliehed for Zone "B". Only those properties [hat drain into the DAY CREEK CHANNEL eh ell be aubj act to the special drainage fee. Areas of Zone "H" i^ excess of 190 acres [hat do drain into [he DAY CREEK CHANNEL shall be subject tae drainage fee. For particulars, reference ie made to the "Report" of the Engineer, ae eppr wed by [he Ci [y Council and on Eile in the Office of the City Clerk. YJJ H'+' • - ---- CITY OF RANCHO CL'CA~IOtiGa STAFF REPORT TG: City Manager and City Council FROM: Robert A. Rizzo Assistant to City Manager ~~~ rgL. J`'` • ro > j z~uiz~ - ~~`~C - ,y= I SUBJECT: Addition to Municipal Code Concerning Residential Refuse Collection The proposed addition to the Municipal Code establishes criteria for the Ci}y to issue permits to residential refuse collection services. An ability to issue these permits would allow the City an opportunity to insure residential refuse service would be conducted in a safe, sanitary and orderly manner. This would be achieved by the City having specific requirements pertaining to liability insurance, faithful performance bonds, indemnification and exemption from liability, compliance with laws, specifications and restrictions on collection trucks, direction to where refuse would 6e disposed, hours of operation, and final approval of any rate adjustments. Moreover, it provides the residents and City a clear path for recourse when a collector is not providing an acceptable level of service. Under this ordinance, residential refuse service wand continue }o be non-mandatory. Each resident of Rancho Cucemonga would retain the ability }o personally dispose of refuse in a safe and sanitary manner. The City would also review all notices and advertise inents distributed by residential refuse collection services to insure residents ure aware service is not construed as being required. The necessity for such an addition to the Municipal Code is twofold. First, Rancho Cucamonga is currently operating under the County Code approved in 1974 and adopted by reference by the City in 1978. Since then, the Caun}y has revised the code to meet current industry standard for the collection and disposol of refuse. Second, the County Code i5 developed to meet the wide variety of refuse collection and disposal needs within the entire county, taking into account the terrain and climate differences throughout the area. Rancho Cucamonga's ordinance is developed to address the specific needs and requirements of our community. RECOMMENDATION If is recommended City Council approve first reading of this ordinance adding Chopter 8.1 i to the Municipal Code and set second reading for June 19, 1985. RAR:mk y~7 ORDINANCE N0. c2~ • AN ORDINANCE OF THE CITT COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTEfl 8.17 '0 THE PANCHO CUCAMONGA MUNICIPAL CODE CONCERNING RESIDENTIAL REFUSE COLLECTION. .' hereby Ss ordain+d Dy the Council oC the City of Rancho :~,:camonga as follows: SECTION 1: Chapt+r 8.17 hereby Ss added to the Rancho Cucamonga Municipal Cod^ to read as tollova: "Chap :•r 8.17 RESIDENTIAL REFUSE COLLECTION Sections: 0.17.010 Legisla!Sv policy. 8.17.020 DeC1nStlona. 8.17.030 Authority of Council !o Ssaue permLts Cor call+c!!on and disposal. 8.17.040 Permits Cor refuse call+ct ion and establishment oP rnllec!Son fees. 8.17.050 Unlavful collection. 8.17.060 Collec!Lon in emergencies. • 8.17.070 Noura oP coil+ct ion. 8.17.080 Refuse coll•c!Son--Spillage. BJ 7.Oo0 Refuse Receptacles. 8.17.700 Placement oC receptacles for collec!SOn. 8.17.110 Time and dat+ of placement of recep!acL•s. 9.17.120 P•fu» removal. 8.17.130 Refuse disposal. 8.77.140 Special provlslom regarding method of disposal. 8.17.150 Burning, Durial or dumping. 8.17.160 Duration oC storage. 0.17.170 Use oC !rucks. 8.17.180 No parking of ntme :rucks on any cl!y s!ree!. 8.17.190 Equipment requlrM. 8.17.200 Specifioations and r+s!rictiona on co1leN.ion :rucks. 8.17.210 Truck inspection. 8.17.220 Permit:+ea local !+lephone number. 8.17.230 Exclusive refuse collec!SOn areas. 8.17.240 Permitt ee's employees. 8.17.250 Permit Cor nmoval of refuse--Pr+r+quisl!es. B.17.2fi0 Permit provisions. 8.17.270 RSgh!a of existing Collectors. 8.77.280 Charges for servlc+. 8.17.290 S+verability. 8.17.010 Legtsla!ive Policy. The City Counoil of th+ CS•.y of Rancho Cucamonga does hereby find and determine thaE storage, accumula!Son, collection and disposal oC refuse, trash, ruhDiah, solid waaE+, debCls and other discarded oaterlal Sa a mat!+r of Br+at public concern, in that improper control of such ma".!+ra create a public nuisonc+, which may lesd Lo air pollutlan, tin haaarda, illegal dumping, inaeot Dr+eding and rat infestation and other proDleaa afNetimg the health, w+lfare and ssTety of the rvidents of Rancho Cucamongo and surrounding cilSes. The City Council further deaLr•a that regulatimna Sn this aMpter provided are designed Eo eliminate or alleviate such problems. ygo Ord Snan c- No. 8.17.020 Defini!ions. For the purpose of lhis chap!er, `.he following cords • and phrnsea are defined and shall be cons!ru•d as hereinaf!er s+! out, unless Lt is apparent Prom the context tha! a different meaning was Snt•ntl•d: A. MSmal Aaste - assns manure, fertS llzar, or any form of so117 •zcr-men! produc°d by any and all forma of dommtic animals or oommerc ial li vstock. 3. City - means the City cf Rancho Cucamonga. 0. City Clerk - means the City CS•rk of the City of Baneha Cucamonga. D. City Hanager - means Ehe Clty !tanager of the CSEy of flancho Cucamonga. E. Council -means the CS!y Council of the CS!y of Rancho Cucamonga. F. Occupants - means and tnclud•s -very owner of, and !vary tenant or person oho Ss Sn possession of, is the SMabi!ant oC~ or has the carv and control of, an SnhaDi!ad reaidenca. G. Parmit:•e - means any refuse collector authorized 6y th+ Ci!y Council of the ~~of flancho Cucamonga !o celiac! r+Cuse wi!h in the CS :y pu^suanE to !his Chapter 8.17. R. Person - as urd Sn this chaptar means any individual, firm, corporation, aaaocla!San, or group or comDlna :ion sating as a unit. I. flefuse - Sncludaa any and all !yDea of rubDUh, !rash or other waa!• malarial referred to in !his Chapter B.1T. • J. pefuse Collector - means any person or persona, firm, copartnership, ~o int venture, aaaocia:ion or corporation engaged in the collec!ton, transporta:lon and/or disposal of solid weals and/or rubbish in the CS!y. R. Rasldentlal Unit - means aach place used far resid•n!Sal purposes Snclud ing the following but no: rear is led !o: single family dwell Snga, multi-family dwallinga, apartments, condominluma. townhouses, mobile home parks, and !redler courts uh•thar or not ut S11z1ng dumpa!•r Eype Dins; hovewr not included, hospitals, convalescent homes, ho!•la, and mo!•la. L. Rubbish - includes, but is not r•9""-rleted !o, all non-Diogradabl° weals, or debris such ea paper. cardboard, grass, tree or shrub trlmming9, rugs, a!rev. clothing, wood, or wood products, crockery, glass, rubber, metal, plastic, conatructton wools and debris and other similar ma!ertala. M. Rubbish Disposal Operator - is synonymous with r+fua• collector. N. Salvage - Sncludm rubbish, Crum which ar!iclea of value ar mat-•r1a1 of value, may be extracted, segrega!ad, removed or developed. 0. Solid waa!e - Snc lodes all putreaciDla and non-Du!rcaclble solid and semi-solid wastes, such as refuse, rubbish, paper, aahe9. P. Streets - means the publio alts+ta, nays and alleys, except state reewaya, as the same now or may hereaf!er exist within the CS!y. 0. Trash - Snmludea, but Ss not reaEricted to, every accumulation of animal, • vegetable or ocher material. 1, roaul!Sng Crom the preparation and cronaumption of edible foodsEUffs; or 2. naulting Crom decay, desling !n or storage of meals, Piah, Cowl, frulEe or vegetaDl•a, including the Cana, conteinero, or wrappers wasted along with such materials; or 4fi .. Sinan :° :io. • 3. such Sndwtrial, domes Sc and organ is refuse or r°sidve oC animals 901d COr moat; Or V, fruit, vegetable and an!mal aa`.`.er from ki`. chores, dining rooms, narkeb, "ood eatabllshm•nta or any other p'_ace us!ng, d°alSag lr. c. handling xea`s, fish, Cowi, fru its, v°g°tabl°s or gra_na; or >. offal, ar.Saal was`.° or ',.e carcass°s of animals, "SS.^. or .. 6. nonr°cyc labl° glass, pap°r or metal products. B. Truck - means any `.ruck, :rail°r, semitrailer, ca nveyanc° or vehicle us°d or intended to D• used for the purpose of collecting r+fus° or to haul or `. ransport r°fus=. ?.17.030 Authori`.y of City Council to ssue ?ermia for DSsposal and Collection. Pursuant 'o Section 66757 of the California Governm•n' Code, the Council shall have the au thorlty to issue ezclu9 ive permits for the collection and dl9posal of refuse, trash, rubbish and other Corms of solid waste as provided Cor Sn `.his the p!er and may, as a condition for Sssuing such peraits, require a bond Crom the perml!t ee Sn an amount de'rrmin•d by the CSty Council to insure the fa ithCul performance of such rollectlon end disposal a•rv ice in accordance w1`.h this cha plat and the term' and cond It ion! Saposed by the Council. In the -vent that any permlttee shall fail or r-fuse to conform to 'he condl`. Sons oC `.he permit or this chapter, the Council, at its option and otter a hearing called upon at least ton ;10) days written not ice to the permlttee, say revoke such permit. In issuing perm L's Cor refuse and rubbish collection and disposal, the Council shall no! be required to Sssua the same • ba s•d upon the offer of lower or loves^, rat ro, but shall b• froe to issue such permits to the person deemed be s`. suited to comply with the terms oC this chapter and such other terms and cond l`.SOns imposed by the Count L'. 8.17.DV0 Permi!s Cor B•Fuse Collection and Estab L shment eC Coll°etton F°es. fie Council hereby does determine that the disposal and/or collection oC r°f use, trash, rubbish or other 9o lid we Ste 19 a service 'a be performed 1n the City Sn accordance with the provisions of this chapter. 'Cho CSty may Crom `.sae .c time issue permits to those part!es meet Sng the criteria of 'h!s Chap'er 9.17 and such other sandards as may b eats bliah•d Sy rose lst ior. oC th° C1`.y Council regarding the collecson oC r°CUae, rubbish and oth°r .eorvs of solid waste Crom residential units. So long a9 any such permit remains in Coree, collection of mater Sal provided Cor herein may b• made only Sn accordance with the terms and cond St LOna hereof. Such fees and charges for such collet ".lore, removal and disposal s•rv ices shall be these which the Council may Crom lima to time hereafter approve Dy rose lu`.ion. 4o person shall engage in the buain•m of co Ll ect ing, removSng or disposing of any refuse, trash, rubbish or other solid waste within `.he City from any rosident sal unit nor transport the same over any puD11e streets or rights-of- way, unless a permit to do so hag .elrst been obtained from the Count ll and such person complies with the provisions of this chapter and any other regulations which have boon adopted pursuant to this nha p`.er. 8.17.050 Unlawful Coll•M ion. I`- is unlawful and a mSad•m•anor for any person `,o collect or transpor! refuse within the CS!y un leas such person is a permlttee ae herein defined or Is exempted as out lined Sn A, B, C, D, and E of this section; and i! 1s unlawful for any person to permit, allow or enter Into any agreement wha!soaver Cor the collection or transport alien oC refuse Crom any residential un1! with any person who is not a permlttee as herein deftned except as pe^m1^a ad Sn subsections A, B, C, D, and E oC this section. A. The collection and removal of grass clippings and shrubbery by individual residents end Dy Sndivlduals doing business as profesaionel landscapers, when the col l•etion is directly related to their work, shall be exempt from the refwe perms! system. Nd ~- :rd:.^.a no° Ao. B.0. permittee shall not 6e required to collect hazardous or dangerous • ma!erials as par! of 1!s r•gu lar colleotion ac!SV1ty. L!quid and dry cauat ica, acids, biohazardous, Clammabl^, °xplos!ve aa!•M_als, ins+ct icid•s, and similar substances shall vat be deposited Sn collection containers. nus medloa' was^° 'as ~°C{.^.eC in 7a lifcrnia E^alth and Safety CoCe 25. ~7.i, as am+nded Crom t:me to t!ae or any sucnessor prov!s!on or prov!sions thereto) sha 11 no! b• collected by a p•rmitt•e. Anyone producing Such waa!•s shall store, hantlle and dlspcs• oC such ma'•rlals only Sn the manner approved by the County H•al!h Ottic•r or designs fed d•pu!y antl Sn accordance with the California H°a 1`.h and Safety Code. 0. The coil+ction and removal oC r•cyelabl° material, including, but no! 11mi :ed !o, glass, n°vspapers, aluminum and cardboard, that are separated eith+r f ~ r+ua+ or Cor the manufacture of new produc!s sha 11 b^ ez°mot from the refuse permit system. E. the removal and disposal of r+fuae from a reffid+ntial unit by the occupan! or owner 'her+of sha 11 b• exempt from the refuse perait sys `.°a, su b,7ect to the provlslmns oC Section g.17. 120 hereof. 9.17.Ofi0 Collection Sn Emergencies. In emergencies, such as `.he breakdown of equipment, or other unfor•s+en or unpr•ven!ab1+ clrcumstane•s, where Sn the judgaen! of `.h+ City Hanag+r or design++ `.he particular si!uation ;ustlfies such action, the CI!y Manager or designee may Issue SSml!°d or '•mporary permits to private p+roons or corporations tm perform any oC `.he se rvic•s r°gula!ed by !his chap!er, su0~ec! to such r•asona0 + f+es, ^.harges and condi!ions as !h• circumatanc+a may warrant and as !h• parties involved may . agr++ upon, provl0ed that such f+es and charges received from or paid !o any prtva!e persona or corpora :Sons ander !his section Cor any period ezc•eding Cif!+en (15) days' dura!lon shall b• approved by the Council. 9.19.090 Hours of Call•ntion. A perms ::+• shall no! collect refuse or rubbish within a resident sal area b•tw+en the hours of 6:00 p.m. and 5:00 a.a. th+ following day. 9.'7.080 Befuse Coll•etior.--S pi llag^. P•rmlttees shall •xerc!ae aL' reasonable car- and diligence Sn Collecting refuse so as to prevent opining, scattering or dropping r•fus+, and shall tmm•dSat•ly, at the t!ae of occurr•nc+, clean up any such sp111ag+. 9.77.090 A+fus+ A+c•P`.anl•s. A. I! shall b+ the duty of every 'rnant, less++ or occupan`., oC any priva!• dwA ling hous+, the k+eper of every apartment house and oC every other p+rson having r+Cuaer `•o provld+ wi!hout expense to the CS!y and a! all !Imes, excep! on call•etlon day, to keep wi thin the Ou1101ng Sn which any of th+ sam+ may b+ 91!ua!ed sufficient plaattc or paper Saga sp•ciflcally d esigne0 Cor th+ containment of r+fus+ mr watertigh! metal or plas!ic roceptaclea, except as h+r+Snaf!er provld+d, which shall have suitable bales or handles and a Sght-f lit ing cover which shall prevent leakage or escape of odors and vhlch when fill+d w1!hin four inches oC the `,op shall con!ain all refuse which would ordinarily accumulate on said premises be!w+en Collections. 'rh+ exterior of such rec•p!aol•s, including covers, shall b+ k+p! clean Crom accumulated grease or d+eomposing mat+rSals. B. Graaa clippings, leaves and other yard work d+brisr other `,hen branches • or !r+• Limbs, may b+ +Sth+r deposited in m+tal or plaattc r+c+p!acles, or specially designed bags, as abovementioned or cardboard box+s. It cardboard boxes are used, th+ cardboard poxes along with th+ contents shell be consid+r+d r+Cua+ set out Cor coll!c!SOn end bo!h the cardboard box+s end contents shall b+ Collec!+d, NpJ Ordlnanc° No. • C. Branches, Sree 11mDS or other similar debris shall h° tied wi!h sturdy !wine, rope or YSre, Sn Dundlea not exe•+ding Cow (Y) f++! Sn 1•ng`-h nor eigh!een (1g) Snchea Sn dleme!er. D. Newspapers and magazines may b• el!her deposi!ed Sn m•!al or plastic rec+p!acles, as ebovemention•d, or `.led with sturdy 'wine, rope or Yire, Sn bond l°a no! exceed Sng fifty (50) pounds Sn weigh :. E. Ex!ra or unwanted cardDOard boxes sha l: De fta!!•n°d and !!ed Sn bundles net exceeding four (V) Cee! in leng!h nor Tif!y (SW pounds to weight. 9.17.100 Placement of Aeceptacles for Collection. I! shall be the duly of occupan!s !o se! out or place contain+ra for the toll+etion of refus=. rubbish, miac•llanroua deDrla and combined rubbish and/or other solid Yaa t+ as CO110Y9: Any container or rccep!acle for the purpose of r+cep!Son and removal of refuse shall W_ placed at the curb Sn front cP the prmiaea occupied by `.he perwn d•poal!Sng the same, there !o Dr co llecEed Dy the permltt++; provided tha! the permlet++ may designate some other location Cor the placement oC con!ainera and receptacles when such placement will +zpedl!e collec!SOn. 8.17.110 Time and Date of Placemen! of fleeeptamlea. A. No person shall place, or came to 6e planed. any refus+ or container or receptacle Por rcfuae, Sn any puDllc highway or Ln any place or in any manner other Shan her•inaDOVe provided or a! any !See other !han th+ days established by the City for !h• collection of such refuse on the particular rouE+ involved, not earlier !han sunset of the day pr^^.+ding • .h• day designated for collection, and all con!alners and recep!acl•s shell De removed from the plac+ of collection prior `.a At00 p.m. of the day the rnntainera and receptacles hav+ b+en +mD!1•d. B. Each owner, occupen!, !enant, or l+sa++ of a r•aiden!Sal unit shall main!ain !h+ same Sn a sani!ary condl!SOn. If the containers or r•ceptaclea should not De emptied and the con!•nts removed on the dale and !See scheduled by the perml'^.ee, th+y should Samedla!ely notify !h• p+rmi!t+• or the CS!y and 1! shall be the duty of Ehe p•rmltt •e to forthwith arrange for the moll+ction and disposal oC the r+fuse. r„ fl.fuse, trash, ruDhiah, aalvag+, and other solid uas!• which exceeds the limi!aEions hereinaDOV+ set out may, Sn the discre!Son of Ehe p+rm1!! D+ scheduled Por ap!c1a1 collection upon the applica!LOn of the occupan! of the premiaea. Special collec!SOn charges may De assessed Dy the perml!tee for this service with prior approval of aDOV•men!SOned occupant aC the premises. D. No person, other !han the own+r thereof, the owner's egen!a or employees or an officer or employee of the CS!y or a permi!teeb ag+n!a or employed au!horlxed for such purposes, shall tamp+r or meddle w1!h any refuse container or the contents !hereof, or remove the cont•nes oC any container or remove any container from the location where the same shall have heen placed Dy tR+ owneC !hereof or owner's agent. 8.17.120 ReCUae Removal. Pursuant to Calitornla Adminlstrat ive Code Title 1Y, epter 1 - 31) Hall refuse created, produced or accumulated in or aDOUt a reaid+ntlal un1! Sn th+ Citq shell De removed from the premises at l+ea! once +ach week. It shall De unlawful and a mlademeenor for th+ occupant of any of the aDOVe-deapriDed premiaea !o fail or neglect !o provide for !h+ rewval of rcfuae e! least ms often as preaorSD+d Ln Chia Section 8.17.120. Each dsy'a violstion of Chia aeelion shell b+ !rested and considered as a a+pareE+ and diatinpt offana+. ydy ~rdisan oe Yo. 9.17.130 pefuae DS spoaal. • A. Permlttx shall diapoa+ of coll•o!•d wastes, a! permi`.`.•••s expens+, a! a City direct+d landfill or transfer s'ation 1n a manner sat lsfac!ory to `.he City and Sn accordance wl!h all state and 'a cal laws, and regulat Sons. 9. "."10 Special Provisions 9°gaM ing M°`. hcd oC Dis oosal A. T. he removal of wearing apparel, bedding or of her r•fine Crom reslden`.!al units, (aa defined Sn Section 8.17.022;U or other places where highly Snfectious or contaglom diseases have been present shall be performed under the supervision and dlr+etlon of the County oC can Bernardino pealth OfTl cer and such refuse shall n•1!hgr be placed in containers nor re ceptacl•s nor left for regular collection and dis poaal. 9. :iighly flammable or •zploslve or radloac!Sve refuse shall no! be placed in containers or recq ptacles Cor regular rnllection and disposal, ou' shall De removM under the supervSslon of the City and/or the Agency providing fire pro!ect ion service within the City at the expense of the owner or possessor of the mat •r1 a1. ~. Retuse or other solid waste con!ain ing water or other liquids sba 11 be drained OeCore being placed Sn a containgr or receptacle, Hatter which Ss sub,lect to decomposition shall b. wrapped in paper or o^.h er material OeCOre being plat+d Sn a con!ainer or receptacl+. D. 4o bat!ery acid, poisonous, caua!1c or toxic material or any o!h-r substance cape ble of damaging clothing or causing in]ury to the person • shall b• vlzed or placed with any rubbishy solid was!e or other refuse which is to W collected, removed or disposed of by a p•rmltt+•. Such it ems shall be removed a! the occupan!'s expense only after arrang•m•n`.a have been made with the permittee or CSty Cor such removal. B. Animal was!e, as herein d•f fined, shall not b• plated in containers or rec•p!ac les for regular collectton and dlspesal, bu! shall be removed a! the occupan^.'s •xD+ns+. shall b+ unlawful and a misdemeanor for any person !o violate any pro- vision oS !his Section 8.17.1D0. 9.•7.150 Burning, Burial or Dumping. St is unlawful and a misdemeanor for any person !o Durn, Dury or dump ret'uae within the CS!y at any time, un leas a special permit Cor suM burning, burial or dumping has Deen Sssued purouant !~ au!horl!y conferred by the Council, and/or the Agency provtding fir• prof •Ct ion service within the CS!y. 8.17.160 Duration of S!orage. Pursuant ".o California pdminist ra`,Sve Cod• Title 1V, Chap!gr 3, Section 17,331;H St Ls unlawful and a misdemeanor Cor any person to s!or+ or accumula^.e any refuse, rubbish or miscellaneous debris Sn any container or at any location other than as hnrelnabove s+^. forth, or for any length of `.ime other then as follows: A. R•fur. fl•fuse 9ha11 not b• accumula`.ed or s!orrtd for a period oC time Sn e%Cgaa Of{ 1. Residential uni!s: One week (seven days) B. flubDish, other then refuse, shall not b+ store0 or accumula!+d for a • p+rlod of !Sme in exegsa of one w+•k (sev+n days). C. 'Chq above periods of time which end in any w+ek Sn which a holiday ocaura ar+ +ztended one additlonel day. Nor ordinance Yo. 9.17.170 Use oC Snicks, Any p!rsons who desire to operat° privat°ly-own-d • r?full, trash, or rubbish v°h SCI•s under provisioro oC `.his cha pt!r sha 11 provide th!Sr vehic l!s are vat er tight and are provided with a tight cover, Th! Clty Nanag!r or designs! shall require the pe^mitt°° `.o r°aov° from service or repa!r `.hose v°hSCles that allow or p°rait oL^°nsiv oEOrs to escape and/or refuse to b• blovn~ dropp°d or spS1.°d therefrom, .197 90 ?arkln3 oC 9•f~s° °^uoks on any 9 •: 5`r°°' A. So person b•tw°en 'he hours of 5:00 p.m. sad 5:C0 a.a. sF.a11 :°ave a r°f use !ruck park°d on any City st rest. g. No person b°tu°en th° hours of 6:00 a.m. and 6:G0 p.a. shall '°av° a refuse `.ruck parked on any Clty str•°! Cor aor° `.han on° (1) hour unl°ss ity Mona g°r or d!signee Ss not if led rhos, a break dawn or °a°rgen cy °X1919. 8.'7.190 Equipm°nt flequired. Each '.ruck of a p°rmlt`,°° sF.all at aii ttm°s have in `.he cab the reglstra :ion of the :ruck, a c!rti.^SCa!° of Snsuranc° and an itlmtSf Scation card with 'he name oC whom to `.e lephone Sn case of an accld•n`. ur °merg°noy. Each :ruck shall also b° equipped with a fiv° (5) pound fir° eX`. Snguisher cart if i°d by the Ca llforn is Bta t° Flr° Marshal and annually recharged. 8 17 200 Sp°c'flcatlOn9 and P°strictions on CoL+ct ion °.rucks. Ali :rucks used for re Cuse, rubbish and/or solid waste co ll•et ion vith in th° Clty shall b° required p. To b• completely encloo•d vith a rigid, nonabsorbent cov°r whll! • transporting r°Tus•, trash or ruDDish in or through `.he CLt y. Compl°tely enclosed with a nonabsorbent cover means that refuse, trash or rubbish sh313 not b° vlstbl• from !h! street nor shall any of th! substances D• p°rmitt°d to leak, spill or become d°posit•d along the pub llc streets. 9. A:1 trucks used Ln the course of r•fus° or rubbblsh co Lectlon shall D• painted colors approved by th° City Manager or designee and SdenHN °d by truck numerals, a company logo, and local t°lephon• number. ?hose trucks s!:ai1 be kept cl°an and in good r°pa4 at ai: `Sxes. 8.1v,210 Truck Inspection. A. Each of any p°rm1!te•'s trucks sha17 b! mad° ova llabl• for Snsp•et ion at the discretion of !h! City Manager or designee at any point of op°ratlon. 9. A decal to b• issued annually by the City for each truck complying wl th provisions oC this chapter and placed on `,ruck !n a conspicuous Dlace. 8.17.220 PermL't se's Local Te l•phon! Number. Each p°rmit t°• vast ma int aln a local 'elephon+ number vhSCh shall b• staff°d for personal contact bet we°n 8:00 a.m. and 5:00 p.m, on normal vorking days, and at all other times with some typ! of mechanism for tM purpos! of !along aessag•s. 8.17.230 EXC lusiv° gesld+nt Sal Return :oli•ct ion Areas. 0.. For the purpose of this chapter, the City shall b! divided into tour (Y) r•s1d°nt Sal collection areas. Such areas are designed on th!se c!rtaln maps •nt it led "EXCluslve Collect ton Ar+as in th! City of gaucho Cucamonga." Such descrlpt ions of S!rvlc! Arses are incorpora'.ed h•nln by A r•Nr+na• (Exh1D1t ^A") and a meD is on t11! in th! off lc! of the City '°i Clerk. 8.17.2a0 P+rmlt!ee's Employ!!s. Each perml!t+• must Drovide high quality s+rvic• by industry standards end supply comb+t•nt, quelifi!d, Sdent tflable and unlCorm!d persons+l who serve the r•.s td!nts of genoho Cucamonga in a courtwus, h+1Dfu1 and impartial mann!r. N8~ 7r d'a ana° Fo. A. The City may, a! its option, require ling°rpr!nting of !h+ p•rmi t!••'s •mployev whos+ servle+ viii cause them !o •n!•r onto or work in close • proximity to prlvat+ property. S, 1'h• p°rml!t•• shall b+ required to hir° °mploys wi`.hout regard !o rac^, ^•1lgion, cmlor, national origin, sex, pollt!ca1 aff!L'a`,SOn, or any o!h°r non-merit .fao!or. ~. Any •mpioy++ drivSng p•rmitt°°'s C°fn9° trnCk9 9.^.81i 3! all ':y^9 hdv+ in its or her possesston a valid and appropriate vehicle operator's lic•ase isa uad by the 5!a!e of California. D. Th• p+rai"e•'a employees shall h• required to wear clean Sd•nt ifSabl• uniforms vhen °ngaged in refuse co11•ot ion s•rv!ce vithln the City. 8.17.250 P°rmlt Cor g•moval of F+CUx-Pr•requ!sit •s. A. Proc educe and Aequir•d Information. 0. p•rm1!t•• mus! fL+ a 1°!!er vith the City Manager ar design++ con`.aining the following Snforc::!r..: t. Name and description of the permltt+•; 2. Permanent business address and address of local office of the p•rmltt++, 3• 'rad• and Crm name; u. if a 'o in! v+nture or a par!nerahSp or 1!ml!ed par!n•rsnip, the nam•a of all partners, or corporation and the names oC the officers and • .heir p•rcen!ag+ of part SCipation and •.h•Sr p+rman•nt addross•s; 5• FaNS SndSCa'ing that th+ permitt++ has arranged for refuse disposal in an area where the same may b• l+gally accept+d and disposed as d1r^et•d by City; 5. 7•slrod refuse coll•etlon area to b= served; 7. Facts indica!Sng `.hat p•rmitt++ is qua llfl•d to render •Cf 1^_1•nt r+tus• toll+etlon s+rvSC•; 9. Facts indicating tha! !rucks and •qul pment conform to a,l applicabl° provisions of !hia chap!+r, 9. Satisfactory +vid•nc+ `.nat p+rmltt •+ has been in •zSSt•nc• as a going concern for in exc•sa oC Clve (5) yearn and posaessea no! leas than fi V+ (5) years ac!ual oD•ra!Sng •zp•r1•nc+ as a going concern Sn r•a1d•nt lal refuse coll•etSon and disposal. t0. Sat isCac!ory +vSd•nw !hat p+rmi tt++'s •xp+r1•nc• as a going concern in residential refuse coll•c!SOn and disposal d+riva from op•ra!tona oC comparable siz+ to that con!+mplat•d by this p+rmi!t••: D+ta11s shall includ+ 1•ng!h of oth+r con!rac!s, name and size of munictpa lily, natur+ of a+rvic+ provSd+d, and th+ name oP !h+ contact person at !h• munlclpall!y being serv+d. it. Evid+nce tha! grmit!e+ fa in good standing Sn th+ S!a!+ of California and in the case oC a corporation organized under th+ lava • of any other Sta!+, evidenc+ tha! permltt++ Sa 1lcena•d !o do 6ualnesa Sn the Slate of California. 12. A 0•!a11ed Snven!ory of 'ne permit!+e'a +quipment avai laCle for uae Sn refuse Coll+etion area. YP 7 7rd!narc• Vo. • 13. A wr1!!en s!alemen! from '. h^ County of San Eernardino, 'na! p°rai•.!•• •1!her has or !h• Counly will imu• a! a alnlmum a Class "D" p°rmi! for the eo llec!Son and dls posal of solid was'.° w/!h!n the CS!y limi•s and ahail be a!!ached !o said 1°!`.•r. ~a, Such o!'ner per"r•n! Cac!s or Snforma!'.on as C.. . 1`.Y Xana g•r ~y eq Y.. B. F^es and B°quiremen!s Cor Permi!. Upon cons id•ra!ion of informa!SOn con!ained in abovemen`.Son•d i `.°r and following a public hearing conduct ed by !h• CSty Council upon-a! leas! !•n (10) days' prior wr L!!•n no!SCe a the appllcan`., the CL`.y Council may Sssu• a perms!. Each p•rm1! gran!°d shall apply !o refuse ro11•c!SOn Cor an area oC !h• C!!y specified theroin antl is •xcluaiw. A f^• for pro c•saing p°rm1! appllcat!ona shall b• s^! by res olu!!on of the CS!y Council wish rev Sew on an annual basis. ,.. Bonding of Permi!!ee. Before gran!!ng a p•rml! under !h• provisions of !his chap!er, the Council shall req ulre !h• p•rmi!!•• as a cond i!SOn !o the perml! !o po s! wi`.h '. h• CSly CI°rk a cash bond or surely band Ln an amoun! d^:°ralned by the Council and furnish°d by a corpora!• aur•:y au!horized !o OO Dua1ne99 • in `.h° S!a!e of California, payable !o the CS!y of Ban cho Cucamonga. T. h• bond shall b• condl!Soned upon the full and fai!hfui performance by the perms!!?• of obllga!iona under the applicable provisions of !his cha p'.er and shall b^ k•p! Sn Cull Co rce and •ffec! by !h• perms!!"• !hroughcu! the life oT !h• p^rmi! and all r•rewa is !hereo C. D. indemniflca!!on by P•rmi!!ee. As a condi'SOn oC !h• CS!y issa!ng a petal', "r°rm1`.!°° shall agr°° !o appear and defend all ac!SOns again s! 'he 1!y arising ou! of 'h• °x°rcise of said p•rm1!, and shall Sndemniry and sav° 'h° CSay. !`.s otCic ials, elec!ed officials, employees and agen!s haraless Crom all calms, demands, ac!ions, or causes of ac!/^n9 oC ev°ry kind and desc rip!SOn and any and all re la!ed a!!orn•ys' e•s and coot! so s!s resui!Sng d1r•clly or Snd lrec!ly, arising ou! oC, or in any way conn•c!ed w1!h the ex•rc ise of !h• D^rmi!~ Snc Luding, bu! no! by way of Limi!a!SOn, any ae! or omiss!on of any officer, emplo y or agen•. oC permi!!e•. E. Llabili!y :nsuranc^. Th• permi!!ee shall obi aln and keep Sn force during `.he !arm of !h• p°rm1`. pu bile 1!ab111!y and bodily injury insurance in amoun`.s de!ermin•d by !h• CS'y Council and workers' compensa!Son insurance covering all employees of !h• p•rml!!^^. Copley of suM Dol ici•s, or c•r!tC1ca!e9 evSdenMng such policies, shall be filed w1 ;h !h• Cf •y Clerk prior '.o the commencemen! of ac!SVi!1•s au!horlx•d by the perms!. She CS ly and 1!s officers, •lec!ed oCttclalsr °mDloye•s and ag•n'a shall be named as add l!tonal Snsur•da on all such policies. All such policlea aha 11 con!atn a! a minimum a provision requiring a nln•!y-day (90) day no!SCe !o D• given !o the CS!y prior !o cancella!fon, modSflcal ion ar reduN.lon oC 11m1!s. The amoun!a oP public liabill!y insurance for Dod11y Sn~ury and properly damage shall 6• auD,Ject !o rev3ea and ad~ualment by the Council. F. Compl3anme with Local and California Lava and pegula!ions. The perml!tee moat agree to perform the :erme of the permit Sn auch a roamer ao as to comply ai!h all applicable local an0 slate laaa and regulat Sons pertaining `.o the collection, storage and transportation of • solid vast+, The permitt ee shall also comply with all other ordinances and rogulatlom of the Clty and apDl!cabl• laws and regulations of the County of San Bernardino and Sta :^ of Ca 1l COrnla, and sha 11 ob'a In and k^+p In force all requited permits and bus Sn•ss licenses throughout the L'fe oC t'n• permit and all renewals th•recf. 8.17.260 Permit Provisions. A. ce.y Any perms`. issued pursuant ~o this Chap!er 8.17 shall provide far the payment of permit fees to City, shall contain additional provisions agr^ed to by and between City and p•rmltt .. and shall const It ute a written agr••m•n! of said partl°s. H. Assignment or '. ransfer of Permit. No ass Sgnm•nt or transfer of a p-rmit pursuant 'o this chapter or any right accru!ng under such permit shall D• made in whole or Ln part by the permitt •• withou! the °zpress consent of the Counc ll. In the event any assignment or `.ransfer Ss authorla•d Dy the Council, the assigne- shall assume the liability and all oth°r obligations of the permitt••. C. A•vocat ion. A permit may b• revoked at tho option of `.h• Council Sr, the event there is a change of ormership of any kind or nature of the operating company, • unl°ss approval therefor nos been obtained Sn writing Crom the Council. IT St Ss determined by the Clty Manager or dea Sgnee that p-rmltt•• has not comply •d with the provisons of this chapt •r, the permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager or designee shall notify !h+ permits+e Sn wr It Sng of noncompliance and shall order comp llanc• within thirty (?O) days. L^ noncompliance is not corrected within the abovprescri bed thirty (30) day periods a Council, following a public hearing upon at least ten ;10) days' wr1'ten notice to 'he p•rmi'tee, may terminate t.^ perms^.. 8.+7.270 97gh`a of Exist ing Coll•MOn. A. Permltt•+a ar+ advls+d that portions of the City ar° pns•M ly being provided resident Sal nfus• co llectlon rrvic•s, and that those presently providing service may hav+ v+st e0 rlghta !o oont!nu• said a•rvic• for a substan!Sal period (up !o flue years) under 'h• provisions oC Section 4272 of the Ca liTOrn to Health and Safety Cod+. 8.17.280 Charg•a for Service. A. Collect ion Charge: A charge 2'ar the collection oC refur shall be Smpos•d by the perml^,t •• on the owner or person in control of each residential unit subscr161ng to refuse collection service. The amount of Such charges 9ha11 0• fixed and changed from time !o time by the permlttee after approval by resolution of the City Council. B. Aate Ad,7ustm•nts. All r•vlaiona Sn charges levied 6y City Council for revi+v and action the City Council foLloving a public written notice !o the permlttee. a permits ee mus! be submitted to the and moat be approved by resolution oP hearing uDOn at least ten (10) days' yd9 Ordinance `Io. • 8.17.290 Severeb111!y. If any sec!SOn, subsect ion, 9•nl enc^, Claus+, or phrase of !h1a chapter is for any reasmn h+ld !o b+ Snval id or uncona!itu- !Ianal, Such d+ciaion shall not off+et th+ va11d1`.y of `.he remaining por!SOns. Th• CS!y Connell of `. ha City of flancho Cucamonga her+by d-clar•s !hat St would hav+ pa9sed !his chapter and each sec 7lon, subaec!Son, Claus+, and phras• !hereof irrespective of th+ fact !hat any one or more sec!SOn9, subs+c'ions, s+n!+nc•s, Claus+s or phrases be declared Irva L'd nr uncons!i'u!ional, and could ha V+ pas9+d and adop!+d the same even !hough any pars, s•c!ions, subaecbions, sentences, clauses, or phrases !ha! may 6e held invalid had peen om1!!ed !.herefrom. SECTION 2: Fbom !h+ effect 1v+ da!e of !hla Ordinance, S•c!Son 1.08.1!0 of the Rancho Cucamonga Municipal Code shall apply only !o r•Cw+ g•nere!ed and/or r°movetl from places o!her !han residential coils as defined Sn Section 8.17.020 above. SECTION 3: Th+ maYOr shall sign !his Ordinance and the C1`.y Clerk shall cant !h+ sam+ !o b+ pu611shed ulthin fit!+en (15) dzys af!er its passage a! 1+as! once in The Da Sly fleport, a newspaper of general circula!SOn publ shed in the City of On!ar1o, California, and circula!+d Sn bh+ Clty of Poncho Cucamonga, Ca liCOrnla. PASSED, APPROVED, and ADOPTED this ~ day of ~, 19a. AYES: NOES: • ABSENT: Jon D. Mikels, Haycr ATTEST; Beverly A. Authelet, City Clerk I, BEVEPLY A. AUTHELET, CITY CLERK oC the C1!y of Rancho Cucamonga, California, do hereby certify that !h+ for+going Ordinance was introduced a! a regular (special, adjourn+d) m+e!Sng of th+ Council of !ne CS'y of Rancho Cucamonga held on the • day of •, 19e~, and xaa t1na11y passed a! a regular m••!Sng oC the City Counc ll oC the City of flancho Cucamonga h+ld on !h+ ~ day of ~, 79~a. Ex•cu!ed !h1s ~ day c; e, 1985 a! Rancho Cucamonga, California. Beverly A. Au!hel°!, CS!y C1•rk yqo Crd!nanc^ No. "ESAIBIS A" • Dtsorl pt ion at SeCVlne Meas 0.. 5•rvlne Ar•a Ont _ Houndar!•a art as follows: Nor!h: Highland Avenu• from De•r Cr=•k :o Etiuanda Avnu•. South: Sou!hern Panlfie Railroad !racks Crom De•rnr^-k !o Hil i!k•n Avenue, south to Base Lint Road, eas! !o Etiwanda pvnu-. Eaa'.; Et iwanda Avnut, between Highland Avenue and Base LSn• Road. pea!: Detrcre•k from Hlgh land Avenue, aou!h !o !h• Southern Pacific Railroad tracks, eas! !o MSlliken Avenue south !o Bast LSn+ Road. A. Service Arta 'Mo - Boundaries are as follows; yor!h: Haven Avenue a! Southern PacSflo Aallroatl !racks eas! to 81111k•n, south to Baae Line Aoad east !o Poches!tr Av+nue Sou!h: Foo!h111 Aoulevard between Haven Avenue and Pachea :er Avnu+. East: Pochester Avnut, be!u»n Baal Line Aoad and Foo!hill 9oulevard. pas".: Haven pv+nue be".wean Bou!hern Paeiflc Aallroad !racks and Foo!hil/ Boulevard. Service Area 'fhr++ - Boundarlea an as follows: North; CS!y 11m1!a. South: Bam Line fload eas! to Hawn Avenue, nor`-h !o Sou!htrn PaolCio Railroad !reeks, east ".o Detr Crtek, nor!h !o Highland Av+nue, eas! !o Etirranda Avenue, south !o Base LSn+ Aoad, eas! `,o city • limits. Eaa!: CS!y 11m1!s south !o Baae Llne fload, pea!: CS!y 11mUa south to Baae Line Road. D. Service Arta Four -Boundaries are as follows: Nor!h: Base LSn• Road •aa! from ol!y llml!a !o Haven Avenue, south !o Foa!hill Boulevard, ea a! `.a Poch•s!er Rvenu+, nor!h !0 9aae LSn+ Aoad, •aa! !o c1!y 11m1`.s. Sou!h: CS!Y 11m1!s. Eaa!: C1!y 11m1!a bt!wten Bast Llnt fload and 4th Ser=•'. Nea!: CS!y limits b•tw+en Base Lin• fload and 4!h 5!rt•! y 9/ ~J PITY OF RA\CHU CL'CAMONG?. ~~c.a~ti STAFF REPORT ~~ <_. ~~l - - x 4~. ae 5, 1985 '" - i„_=_~__~~ T0: Mayor and Members of Lhe City Council FROM: Rick Gomez, City Planner 3Y: vary Richards, :ode ~^f9r _r.~gan' 'ff ;cer SUDJECi: ANNEXATION INTO THE WEST VALLEY VECTOR CONTROL DISTRICT WVV CD BAf,KGROUND: At its May 15, 1985 meeting, the City Council briefly reviewed the various options av ai la6le for the purposa of increasing vector control services within our community. The options which were reviewed and discussed included contracting with the County for additional vector control services, establishment of a board-governing or self-govern ina assessment district, or annexing int• the West 'Ja'. ley Vector Control 7istric t. After reviewing the above options, Council recommended that a more in- depth study be conducted of annexing into The 'lest Valley Vector Control Distr is t. ANALYSIS: Staff recently met with members of the WVV CD to discuss the procedures and process for annexation. The meeting included William 'W. Sitton, president of the MVVCD Board of Trustees, Allan Pfunter, Field Operations Manager, and Lyle Stotelmyre, Oistr ict Manager. Mr. Sitton informed staff that at their last meeting the Board of Trustees approved a Good Faith Resolution accepting the City of Rancho Cucamonga as a member of the 'lest Valley Vector Control District. The District is currently controlled by a five memher Board of Trustees, which includes one seat for each city in the district (Chino, Ontario, Montclair) and two seats for the unincorporated areas of the district. If the City was to annex into the district, the hoard would be ezp an del to include one additional hoard memher for Rancho Cucamonga. This additional seat could be appointed prior to annexation for the puroose of assisting in assessments and procedures, etc. Currently the district is headed by the Board of Trustees, two , supervisors and three permanent field employees. During summer months, three additional part-time employees are added to staff to inr.~~as~ service to the district during the heavy complaint period. In July the board will be hiring an additional supervisor for expansion reasons. If Rancho Cucamonga decides to annex into this district, two additional field positions would be added to service our area. ~~~ CITY COUNCIL STAFF REPORT West Valley Vector Control Oistr ict June 5, 1985 Page 2 It should be noted that the West Valley Vector Control Oistr itt requested separation from the County Vec*nr Control District, and currently is in the process of forming its own staff. Contract County staff members currently holding job positions with the West Valley Vector Control District will continue in their respective capacities once Sep ara:i cn is finalized. The process for annexing into the WVVCD is basically the same as it would have been with an independent self-governing district. A request for annexation is made directly to the Bnard of Trustees of the WVVCD not to the County of son Bernardino. Since a Good Faith Resolution has already beep approved by the Doard of Trustees of the District, they are ready to submit our request to the County LAFCO. Once LAFCO ^eceives the request for annexation to the Nest Valley Vector Control Oistr is t, they will process the request by determining the following: s i,~ns the ^~ost economir. al way of providing this service tc the City r ~Z ancho Cucamonga. _. 'dhat is the current availability of these services for the • requesting area. 3, Are the boundaries of the request my area contiguous with exist ing district, if not, is noncontiguous annexation functional. 4. Environmen t:al assessment of annexation request. Til is review by LAFCO normally takes a minimum of 90 days to complete the processing cycle aaord ing to Debra Marsh, LAFCO Analyst. 'While LAr'CO is reviewing the application submitted by the WVVCD Board, the WVVCD Board will be determining parcel assessments. The first year's assessment wilt probably be the same as those assessed for oarceis within the current Vector Rssessment District. The current assessment is E9 per year far residential, E15 per year for commercial and industrial, and 5150 per year far dairies. Chicken ranches within Rancho Cucamonga will probably be assessed at the higher rate of E150 per year, like dairies, sinrq they are the main contribution to the fly problem in the City. ^ngn~i! d~~.idE- t'! nrr<qn'! 'wi'h anneTat inn, ds5E55 men t, prOCednreS must be commenced and completed by [he Board of Trustees (WVVCD) prior to July 30, 1985 in order to 6e included within next year's budget. If • these assessments are not romp leted by the above noted deadline, financial arrangements (loan) with the Vector Control District could be made by the City for services in the 1985-86 fiscal year. y9~ CITY CODNCIL STAFF REPORT West Valley Vector Control District ,tune 5, 1985 Page 3 • In the meeting with members of WVVCD, it was noted that they will supply the City Council with a service plan which will outline the services that will 6e rendered to the City once it annexes into the vector district. This information will be hand-delivered to the City Council prior to Wednesday's meeting. RECOMMENDATION: The City Council needs to give direction to staff as to the aPPropr iate method desired to resolve the public's concern regarding e f • a9f nrmv nc n n w•n ern n • __ _.___. ____ ___. .___.... .. ~G~~..Ip~n STAFF REPORT ;~ 2 \c Y ~ I DATE: June 5, 1985 T0: Mayor and Members of the City Council 19JJ FRCM: Jack Lam, AICP, Director of Comm;~r,ity Development BY: Linda D. Daniels, Senior Redevelopment Analyst SUBJECT: INDUCEMENT RESOLUTION FOR A PROPOSED 56,150 COo MULTIFAMILY RENTAL HOGS NG MORTGAGE FINANCE BOND FOR TAC DEVELOPMENT BACYGROUND: At the May 15, 1985 City Council meeting the Council considered the status and possible changes in the administration of the multifamily bond program. At that meeting the Council determined that the County of San Bernard- ino should be phased out of administering the program and that all. new projects should be handled by the City. In the Council action, staff was specifically authorized to proceed in admi r.iste ri ng one developer request, TAC Development, for a 168 senior citizen apartment project. EVALCATION: TAC Development has submitted an application to staff far a proposed bend sale financing of $6,110,000. The financing is proposed to be used for the construction of a 16B unit senior ci *_izens apartment project located or, 4.75 acres on the west side of Amethyst Avenue and north of 19th Street. The application has been reviewed by both staff and bond counsel and has been found acceptable for the issuance of an Inducement Resolution. ANALYSIS: The Inducement Resolution is the first step in the issuance of a multi-family bond financing program. The timing of the Inducement Resolution allows the developer to include all acceptable project costs which are incurred after its adoption in the bend sale. The City is under no obligation to proceed with the sale of the bonds until the developer obtains a credit enhancement. The credit enhancement acts as a securi*_y for the bends so that the City is under no financial cotmnitment or liability for paying the incurred debt. The lecislatior. which authorizes the City to sell bonds requires tae project to provide 209 of the units to persons of low and moderate incomes. This particular project will actuall}~ be providing all of the units at affordable rental rates to senior citizens under the approved developer agree- ment. y9s CITY STAFF REPORT Inducement Resolutior./TAC Development June 5, 1965 Page 2 RECOMMENDATION: The City Council adopt the attached Inducement Resolution which provides for the proposed 56,150,000 Multi- Family Rental Housing Mortgage Bond Finance Program for TAC Development. -- Res a f~~]~ly submitted, I~~r~l r/~"~~~ J Jack Lam Director of Community Development Attachment: Resolution • • ~ 9~ • RESOLUTION N0. Q S-~'yy f A RESOLUTION OF THE CZTY COUNCIL CF THE CITY OF RAiJC}10 CDCAt90NGA Ii7DICATING ITS IiJTE[QT TO PROVIDE FOR THE IS SIiA}JCE OF OBLIGATIONS TO PROVIDE ASSISTANCE I:J F IIJA}JC liJG A t1ULTIFAt1ILY RE7TAL HOUSING PROJECT WnEREAS, the City Council of the City of Rancho Cucamonga ("this City Council") is authorized pursuant to Chapter 7 (commencing with Section 52075) of Part 5 of Division 31 of the California Health and Safety Code (the "Act") to provide assistance in financing multifamily residential rental housing developments within the City of Rancho Cucamonga (the "City"); and WHEREAS, TAC Development Corporation, a California corporation (the "Developer") has requested assistance in financing the acquisition and construction of an approxi- • mately 163-unit multifamily rental housing project proposed to be located on the West side of Amethyst Avenue, north of 19th Street in the City (the "Project"); and WHEREAS, this City Council, in order to encourage and foster the construction of multifamily rental housing development within the City and as an aid and inducement to the Developer, is willing to authorize the issuance of obligations in an amount sufficient to orovide financing for the Project subject to the restrictions of the Act and all applicable California and federal Laws as they presently exist, provided that the Project receives all necessary local government approvals of file City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, as follows: Section 1. Findings. This City Council hereby determines that the undertaking of the financing of the v97 • proposed Project by the City will be a substantial factor in the accrual of public benefits to be received from the Project, s'nould the Project be approved and constructed, and that the proposed financing is in accord with the pur- poses and requirements of the Act. Section 2. Issuance of Obligations. Subject to the completion of the proceedings and other matters relating thereto to the full satisfaction of this City Council, and subject to t'ne proposed Project receiving all necessary kcal governmental approvals, this City Council hereby agrees to provide financing to the Developer or such other person or entity approved by the City for the Project through the issuance of obligations as described in Section 3 of this Resolution in an amount not to exceed $6,150,000. Section 3. Nature of Obligations. The obligations to be issued shall be special obligations of the City pay- able sole Ly from revenues to be received by the City pursuant to all agreements in connection with the financing of the . Project, all in a form acceptable to the City, and shall not ba a ;arerai ohiLgation of the City, the State of California or any political subdivision thereof. Section 4. Official Action. It is intended that this Resolution shall constitute "some other similar official action" toward the issuance of indebtedness within the mean- ing of Section 103 of the Internal Revenue Code of 1954, as amended, and the regulations thereunder. Section 5. Other Approvals. The adoption of this Resolution shall not bind the City to issue bonds or other obligations until and unless all other necessary actions and approvals are taken or received in accordance with all applicable Laws. The adoption of this Resolution does not and shall not limit in any manner whatever the City's full discretion to deny any further permit or approval that may -2- v~P • be necessary for ultimate completion of the proposed Project. In this connection: (a) All contracts relating to the acquisition, construction, installation and equipping of the Project shall be solicited, negotiated, awarded and executed by the Developer for its own account, subject to applicable federal, state and local laws. (b) The City shall have no pecuniary liability to the Developer for any fees in connection with the Project. (c) The City shall recover any and all costs to City which are incurred in furtherance of or atcributab le to the issuance of its bonds. If no bonds are issued, all such costs shall be paid by the Developer. (d) The adoption of this Resolution shall not in any manner obligate the City to approve the conve rsio« by the Developer of any portion of the Project at any time to condominium units. • Section 6. Effective Date. This Resolution shall take effect immediately upon adoption. ADOPTED this day of June, 1985. ayar o t e ity o anc o Cucamonga, California ATTEST: ity er o t e ity o~- Rancho Cucamonga, California -3- y99 ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 5, 1985 TO: Mayor acd Marbers of the City Council FRCM: Jack Lam, AICP, Cam+mity Developrent Direc[cr gy; Linda D. Daniels, Senior Redevelopm~rt Analyst ctlc`MO,yc, ~~ ~ ~'~ ~1 ~ r Q 0 ~ U A v Z ~a 19ii I BU0.TFI'P: COOPFRATLVE AGREQ+Q•N[' FOR MULTIPLE FAMILY RENTAL HWSING MORT'Cv~GE FINANCE PROC~AM E4AhUATION: The City Council, at their meeting of May 15, 1985, corsid- ered and ir~lementEd spe~cif is changes in the administration ard coordina- tior, of the Multi-Family Bocd Program. At that neeting Council determined that certain projects, which were already sutmittEd to the County of San Bernardino, could be nxocessed by that Agency but that all future applications would be administered i~caLly. The four (4) specific Projects which the Coc~cil authorized the County tc proceed with are as fol lrw5: ltiesb=rn Prorarties: So~~thwest comer of Terra Vista Parkway ar:d Spruce Avenue (128 Units) Western Prcrerties: Northeast corner of Terra Vista Parkway and CF.urch Street (402 L'nits) Lirccir, Property Carpany: Haven Avenue and Arrow Highway (660 Units) s.e Jay [kwelol.ment, Snc.: 8th Street and Gzove Avenue (248 Cnrts) Attached for your mcsideration i=_ a Resolution which would approve a 1985 Multiple 1°ami iy Rental Housing bbrtga5e Finance Frcgram ir. ccopera .rcn with [he Cow cy c`_ Szn &.rnardino. As an attachment to the Resolution is Exhibit "A" ~~hich is toe Ccoreratite Agreement itself. As identified rn Section 4, tt:c Agreement is proposed epecif ical ly for *_he four aboce- descritr~] pro ~ ~~^s. In addition, the County Gffice of Camntnity Ue~clopment has been notified that the City wr11 prcceca with adr.:inisterir.y aMulti-Family Fond Frcyram for those projects deemed appropriate by the City Council. The County indicated iha`. =,n: d~•: ^l.cr~:s wnc contact tha Cc~nty ineuiring about the Prcgx'am would h= directed to the City. RE(X]M~ffSIDATIIXJ: P.:rs~.c.r ~: the City Councii action of May 15, 1985, the City Coumil adopt U:e attacted Rc-solution which authorizes the execution cf a Ca:xrati•. Aq arc.,. ... _.. Cr.::rty tc odminis cr a 19b5 Multil;lc Family Rental rHcusir:g hbt tyage i1Firarce Program for tre atrn.e trnrr projects. JL:LD:kap attachtmnts Sp0 • RFSOLDTIDN ND. pr -~- /83 A RF_SOLUTIDN OF Tf~ CITY COUNCIL OF 1S{E CITY OF RANCHC CUCAMONGA, CCiRJI'Y OF SAN BFRNARCIND, STATE OF CALIFORNIA, ADOPTING A M3LTIFAMILY RENIAL NCUSING MDR'1GAl;E FINANCE PFtOGRAN. IN (xCPERATION WITH 1fiE CCU[7TY OF SAN BERNARDINC~ WHEREAS, there is a shortage in the County of Sar. Bernardino (the "County"), the City of Rancho Cucartnnga fthe "City"), of decera, safe, and sanitary rental housing, particularly of housing affordable by pE'rsons in the lower end of the incase spectrum, and a consequent need to enrnurage tF:e construction of rental housing affordable by such persons and otherwise tc increase the rental housing supply in tl:e County and in tte City fur such persons; and WfitRFA:, the Board of Supervisors of the Coi:nty has declared its intent tc adopt a multifamily rental housing mortgage finance program (the "Program") pursuant tc Ctti.pter 7 of Part 5 of Division 31 of the Health and Safety Code of tte state of California (the "Act") and to issue ton25 pursuant to the Act to • provide Funds for the Program; and tVF'.EREAS, this Ccuncil finds and determines that it is in the best interest of the City to adopt the Program and to consent to the operation of the Program by the County within the gecgzaphic boundaries of the City pursuant to the Act; and WHFREA.S, this Council finds and determines that the Program ccmpl ies with tte Land U=_e Element and tt.e Housing Element of the Ci[Y''s General Plan. NCtV, THEREFOF:E, the City Council of the City of Rarcho Cucamonga does hereb}' resole as follows: 1. This City Council dces hereby find and declare that the atvve recitals are true and correct. 2. .•. City h..r•, br adopts `h~~ Program Cor the purpose of increasing the rental hcus icg supply to tre County and ro the City and consents to the operation of the Program by the Ccunty with respect to project site (as defined in the Cooperative Ay recnc;nt hereinaC ter mentioned) located within the geographical boundaries of the City. SO/ 3. The Cooperative Agreenent, dated a of May 15, 1965, betxeen the County and the City (the "Agreement"), a copy of which is attached hereto as Dchibit A, is hereby approved, and the Ma}z and City Clerk are hereby authorized and directed to execute ard deliver said Agreement, for and in tte name of ard cn behalf of the City. The Mayor, with the advice and consent of the City Attorney, is authorized to approve any additions to or changes in the form of said Agreement which they dean r~c~ssary or advisable, their approval of such additions or changes to he conclusively evidenced by the execution by the Mayor of said Agreement as so added to or changed. The Mayor, with the adt ice and consent of tl:e City Attorney, is further authorized to enter into such additional agreements with the County, execute such other dccimrsts and take such other actions as they may derni necessary or appropriate to carry out the p3rpose and intent of the Agreement cr tc cooFerate in the i~lementation of the Program. 4. This resolution shall take effect fran and after its adoFtion. e ASS®, APPROVED, and ADOPTED this 6[h day of June, 1965. AYES: WES: • ABSENT': Jon D. hlikels, Mayor ATPFST: Beverly A. Authelet, City Clerk • SO 1 EXEEIHIT "A" COOPII2ATIVE AGRF.FFffNl' BEIWEBTI TF~ CC4INPY OF SPN BERNARDINJ AND TEE CITk OF RANCHO C(1C4MDNGA THIS CCOPEP.ATI'JE AGRF.:Q4D71' (this "Coc•perativc Agreement") is hereby made and entered into as of May 15, 1985 by and between the COUN17 OF SPN eEANARDINO a legal subdivision and body corporate and politic of the State of California (the "County"), and the CITY OF RANCF:O CUCI+MONGA, a municipal rnrporation located in the County (the "City"). WITNESBETH tJE~2F_AS, the County has determined to engage in a mu7.ti-family rental housing nortgage finance program (the "Program") pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Cede cf the State o£ California (the "Act"1 to finance construction or Imrtgage leans for the development of a • rtvlti-famuly rental housing pro}ect in the County, all as provided fur in tie Act, ar,d WHF7tEA5, the County has determined to borrow ncney tc finance the Proaram by the issuance of revenue bonds (the "Bonds") as authorized by the Act; ard WHEREAS, the City is willing to cooperate with the County fxrsuant tc its implc~rentaticn of tt.e Program within the corporate boundaries of the City, provided t'rat; (1) soot cooperation and implemen cation shall in nc• way limit tte City's obi lit;: to exercise its own powers and develop its van sLmilar program or other sites; and (2) the City shall retain all normal planninn and building approval processes aad authority ovsr the County Program within the City's corporate lrmvts; NC,W, THIItEFOEE, in corsideration of the mutual covenants hereinafter prcvidv3, tte parties hereto agree as follows: SEE;CfInN i. The wnrd= and phrases of this Cooperative Adr~.nent. sha 11, for al] purposes hereof unless other defined hcrern, have tte meanicg assigned to such words and phrases in the Act. SFrfION 2. The Cotnty agrees to use its best efforts to undertake the Program and to issce the Bonds therefore as soon as the County determines the same to be rrecessary and advisable. so3 SDJi'ION 3. The City represents that: II) the City has heretofore adopted a General Plan for the City which it believes to be in conformance with the provisions of the Planning and Zoning Law o£ the State of California (GOVern- ment Cade Section 65000 et. segJ ; (I1) said General Plan includes a Land Use Element and a Hocsing Element as required by Government Code Section 65302; and (III) tte Program and Program Site do canoly with said Lard Gse Elegant and Hosing Element. SECTION 4. The City agrees that the County may make amulti-family rental housing mortgage under the Program, and that the County may exercise any and all of the Crty's prxr~rs for the pi.rpose of financing a multi-family renal housing rmrtgage pursuant to the Act with respect to a total of four (41 projects located as follows: near the intersection of the southwest corner of Terra Vista Parkway az:d Spruce Avenue aril near the northeast corner of Terra Vista Parkway and Church Street, both of which are to b=_ developed by Western Properties and with the preliminary name of Western Properties II; neaz the nc rt}mest arner of Haven Avenue and Arrow Highway to he developed by Lincoln Property Ccrt~pany and with the preliminary name of Lincoln Rancho; and, near the nc rtheas*_ corner 8th Street and Greve Avenue to be developed by tee Jay Development, Inc. and with the preliminazy name of Fancho Verde Village. SECTION 5. The City agrees to undertake such Further proceedings or actions as may ~ necessary in order to carry out the terms and the intent of this Cooperative Agreeunent; and the City further agrees tc restain £rcm taking • any action, which would, to its knowledge, tend to adversely affect the rating on the Fonds tc be i=sued by the Cornty pursuant hereto; provided that nothing in this Coorerativc Agreement shall in any way or maMer to construed to restrain, ox in any way limit, the exercise by the City o£ its Planning, Land Use, Buildicg Permit, or other authority, over any aspect of the Program herein proposd. SECTION 6. Nothing in this Cooperative Agreement stall prevent the County or the City from enuring into one or more agrcw~rients with other political srbcivisions witnin their respective boundaries, if ci~~med necessary and advisable to do so by the County or the City, nor shall an)rthing in this Cooperative Agreement bE construed as 1vrdting the exercise by the county or the City of ar.'j of their respective applicable pcn/er5 or authorities. 5D.TION i. This Cooperative Agrrement muy ix arended by one or nnre supplemental agreanents execu*_ed by the County and the City a^, any time, except that nc such amendment or supplement shall be made which shall adversely affect the rights of ±he holders of the Bonds issued by the Coun?:y in connection with the Program. S1CTL..'N H. The term of this CoCperatic^ Ayr^emnnt shall cgmienc=_ or. the date first glove written and terntinate at the end of [he origination period Eor mortgage loans under the Lain for the Program. IN WITNESS WHII~DOF, the p>: zties hereto have caused this Cooperative • s-o v • Agree,rent tc be executed and attested by their px oiler officers thereunto duly authorized, and their Official Seals to be hereto affixed, all as of the date first stove written. CCUNl'Y OF SAN BERNARDIW By: Chairman, Board of SuFervisors CITY OF BY: ATTEST: CLERK OF THE BOARD OF SUPE^iVISORS ~' APPROVED AS IO LEGAL FORM: By DeE.uty County Counsel ATTEST: APPROVF- AS TO LEGAL FVRM: BY: City Attorney rOt V~~~~~~~ ~A~ OnI1IlO in~f nn~li0 nit •~n~On• CRY OF RN1CH0 CUCAMONG4 ~~. - Soo J ~~w.vm ..e .__ ~ .._-_~~~__ _ -___.___-.`_ _. .___ ._ _ ___ _ _ _ _ __ ~. _I_ 8il ~~ ~ ~ _ 3 ~ 3 I ~~I' 3 ~ ~ ~~'`°a, ~ ~ _ ~ _ (I ~ ~ ~~I ~~ ~ ~~ \ ~ ~ ~,\ -.~ ' I D _ I ~ (f~ ~r ~r' _ ~ .. n ~_ _ -1 = ~ _ -- 3 i S ~ ~~ a ~ ~ i ~~ Ij ~ ~~ ~ ~ `; m \ 3 ~- 3 ~ 3 i ~~ r .; _ ± p ~ ~ ~ ~ ~~_ ~.,~ I to ~ ~ !~;~i ~ _ ~ ~ ! z ~ I~ III y~11 _ ___ ~~ \ m _ j j 3 3 `, v~ 3 I ~' ~~ :o ~ _~ ~ , ~.. __ ,, _ r ~:. I'~- i "`~ ~~m ~ /~ r i ~ , \\\\ i ~\ / I p /., _ ~ b `i in l r ~ _ ~.._ '. C~1 ~~ ~ ~,/' r J ~ ' S ~;! r `i I r - - ---~ ~ i m I 3 s ~ I n ~J --- -'~-- -- - -- 3 - ~ ~ it ~..__"II noci~snri ~n .. .. L! II - ,i... 2 ~ ~ 'i 3I 3 ~ Ii ~\ \ ~~I r,~ ,. ~, t.. fi3 i` S 07 • J -CITY OF RANCIIO CtiCAMONGA ~cc.~.trpy STAFF REPORT z`~j/j~~9> Y,;~ Y~ F _ ~ Z 7 -- IN'C i June 5, 1985 T0: City Manager and City Council yJ FROM: Robert A. Rizzo ,/~//1~~ Assistant to City Manoger SUBJECT: Vacant Advisory Commission Position (Alta Loma) There exists one vacant Advisory Commission position from the Alta Loma community. This unexpired term runs through June 3D, 1988. Attached are the applications for the commission which are on file in the City Clerk's office. Listed below ore the names of those applicants: Jomes Campbell Grace Jones Ulla Bauers Myrna Patrick .bhn Dunlap Susan Brown Linda Beckman Carrie Brown Sherry George RAR:rnk SOS ~~u.up~ ~~~> CITY OF RANCHO CUCAN~R~/{j~'ry " ` ~ ,• ~, s ~:~ _ M•a«Joa o. Nikela FGNC7ol ~TlCAN ONGq . - ^~~ ? Cn.rlea J. 8uquet II J.mea C. Front Ay s B~rn.ra h. D.nt emn~P D. srntaaa•gt8t9rklrllri211r2i3rgrSr~ CITIZEN'S APPLICATION TO SEAYE ON ADfISORY COALMISSION ` ~C G4.lfO . ~ ' ~ hI '~ ~.~ .~~ti ~ RANCHO CUCAb1GNGA r , ~.. _ CITY OF RANCHO CUCAMO~U~~~'~~~1= TION A, ~_ _. _ w•w,rJnnD.Aikels SEP 291984 __ ~ 121234 _ __ _ _ _ > 1'hadr..l. Ragout II ,Ivffre) flm¢ 718191~Ill1 I I 1 11518 1'r- Nirhard )I. Irnhl 1'amclu .1. 11 right ~ , Sept. 15, 19x4 CI7IZEtl'S APPLICl1I011 TO 36pVE ON Citizens' Advisory Committee ~/ Addendum to Citizen's Application to Berve on Citizen9" Advisory omm ttee- Applicant: Ulla E. Bauers - 8~d;'-JB,~1~ CITY OF RANCHO CUCAMONGA `~C~~~ /•DMINIETtt: TN)N CITY OF RANCHO CUCAMOI~1~o ~ §. , a ^j~~~= .ay..Jon D. Nik<la ~ C 'z ~..,rv.•.M. ~18191niu1~11P41.4141518 • - {,. ' Z C'harln J. Baguet II Jame C. Frmt ' ~ Biehard M. Dahl Phillip D. Sshimm 19-- 1 CITIZEN'S APPLICATION 1'0 SENYE ON t'. ~~ . ~'i)r1'" c'I - r(rlr. , ~'t 1) .~ u • ~~ J S/$ ~~. c_vio::. '~ CITY OF RANCHO CUCAMONG~ ~_; `~ CITY OF RANCHO CUCAiviQIVG~ _ +>!:i• x.w.. Jon D. Mikds P.D P.'. <\''.:? 11GM .- ^~. .. x r,,,~u...w.. $C In.ri~..i.e~~4~,•ur ham,nix. fEB20~ ~~ I""-~~ Nichard \I. pnhl 1`am eh,.l.\\ n¢ht 4 8t91Yllll)]2)112i3i415 8 !' CITIZRN•S APPLIC6TION TO SRRP6 ON Citizensr Advrso rr Commission NAME Linda C. Beckman ' CITY OF RANCHO CUCA,~A' c LI;Cf',.~.cA • ~~~~ i ~~_ ADMINIST o, "IK fv ~'~: CITIZEN'S APPLICATION TO SERVE ON SEP 26 1984 _ ~ ~'~ ADVISORY CObMISS IO:V ~ iv-- 718(91n1111121112~3141818 NAME Grace K. Sones , ~ ~~G-llpt. _'~ CITY OF RANCHO CUCAMO _.'~:~ ~Ci~'~F'aFrlc4o cucAmor„~ `~~ z ,....,,~..,... MAY 2 ~ 1995 ~~- - _ 1'harles.I. Nu4ue~ II .Ivlfrr, hint Atil ~~__ Rknara>LUam Pamela .I \lncm glglglgilllt2(11213i4(56 CITIZEN'S APPLICATION TO SERVE ON CITIZENS' AOV ISORY COMMISSION MANE Myrna L. Patrick \illi~\lf(~t~ ~'•'~ J `y'am xf~ T -~ ~~~.: F I,;__ _. CITY 0 RANCHO ~ CA0.90NGA CITY OF RANCHO CUCAMONG?P°""ImsrRHrwN v..... Jun I). Nih•I, Mar 2 v ~ ~ r „r,.,,.,..... 7 e s n u >Y ~ I'harMx J. INUryet Il Ldfn9 hinq I 1 I 1 1111213i4j518 Hm1urJ .N. ^ahl I'amrL~J. 11 nGhr CITIZEN'S APPLICATION TO SERYE ON - AUl'I SO N.S' CUMMiTT EF. NAI44 Susan K. Brown 9880 BASELINE ROAD, SUFfEC • PoST OFPICE BOE B07 • RANCHOfUCAMIINGA, ['ALIFORNIA 91780 • (71 J1 stlB~I SSI CITY OF RANCHO CUCAMONGA ~ G~~ax~1 ADMINISTRnTION "~ ~r" CITY OF RANCHO CUCAMONG ~ 'I~ ~ ~'~' ' "` ~AY 10 <^ z ~ ~ w.•, Jnn U. NiMrln AY i ~ _ :e.n,n....,r,. ?18191n1~1~111'`ZIsl4,s8 1 .z.. _ 1'hnrle. J. Itu4ur! II .1.ftre: hmc I'+~~ kirhard )1. Unhl I'xmela .l. \1 n<M CITIZEN'S APPLICATION TO SERVE ON - AUVI S(JRY CU)I`I I'LTEE NA!ffi Carrie N, brnun 4940 RA9ELIME ROAD, SUITE C • P09T OFPICE BO%a01 • RANCIID CIIC AMONCA, CALIFORNIA 91790 • 171119tl9J 4Sl ,,~' '~ CITY OF RANCHO CUCAMONGA xJ! ~;, _ ,,.w,.J°eD.H~k.i. ~ ~ NCHO ~'~ u CITY OF RA COCAb1GC~ ~~~ " „•-,+•-~^^^• ADMIN'STRn•,T{ON z_ _ _ > rhade, J. Du4uei iI .IefGo Em¢ ..........: . .. Ri.haraa.O:,hi r:,m.iaJ.xriem MAR 25 ~ ua 718191IOIll112111213141516 ciriz®lrs srPLtceriar m saROE ox Advisory committee NAME Sherry George ADDP.ESS 6307 SaDPhire St. Alta Loma ZI? 01701 ---- CITY OF RANCHO CCCAYIONGA occcAroroy^ MEMORANDUM ~~~ ~'~ s _ x Z Date: May 23, 1985 - ~ _ > 19C- To: Soh Rizzo, Assistant to City ""a Hager Fr on: Mary Whitney, Community 8ervi ces Coordinator ~~'~~ `l. W~ Subject: Historic Preservation Commission Terms The terms for Historic Preservation Commissioners Billings, Cooper, and Schaff expire July, 1985. At the Mav 2 Commission meeting, Lhe above named Commissioners expressed their desire to be appointed to another term of office. Should the Council +pprove these re-appointments, it would he appropriate that they do so at their June 19 meeting vi th appointment commencing July 1, 1985, and endi nn July 1, 1989. If You need additional information, olease let me know. M w: bs cc: City Council City Manager J'd ~ v.u a yr unvv v.uv vvi v.noavav van MEMORANDUM DATE: June 5, 1965 TO: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer SUBJECT: Day Creek - Consultant Contract - Boyle-Ludwig ~p GUw.~riU'G` ~`C } 9 r 5 T ^ ~ F VV I~ 19ii Attached far Council approval is a revised consultant agreement with Boyle- Ludwig on the subject project. At the time the agenda was being assembled, we were still working with the consultant on the legal provisions of the contract document. The copy in your packet was not consistent with the Nilldan contract which was unacceptable to staff. The attached version has been brought into consistency with the exception of revised language in the indemnification clause paragraph lo. This clause has been revised to reflect concerns of the consultant's attorney but still meets the intent of the City. The scope of services and budget remains the same as that included in the original packet. RECOMMENDATION Starf recommends approval of the revised version of the Boyle-Ludwig contact. Respectfully submitted, ` /jL ~~ / LBR:jaa Attac4hment June 4. 1985 AGREEMENT FOR CO^SULTANT SEPVICES THIS AGREEMENT, made and entered into this day of 1985, between the CITY OF RANCHO CUCA.MONGA, a municipal corporation, hereinafter referred to as City, and a joint venture comprised of B011E ENGINEERING CORPOR.4TIGN and LUDWIG ENGIP.EERINC, also known as 50YLE/LUDWIG, he re ira fter referred to as Consultant. k'ITNESSETiI: i;HEPEAS, Cicy desires to prepare designs, construction plans, specificatiors, and cost esiimates for the I7ay Creek improvement project, hereinafter referred to as Project; and I.REREAB, Consultant has the necessary skills and qualificatiors and licenses required by law to perform any services required under this Agreement in connection with said Project; and WHEREAS, Cit}' desires to retain Consultant for services he to inafter described in connection with said Proje<e; and 6'HEP.EAB, the City Council at a regular meeting held on the 5th dap of June, 1985 authorized the Mayor and the City Clerk to enter into this Agreement. NOR THEP.EFORE, it is hereby agreed by and between the parties tita t: DEFINIIIe"s As used in this Agreement, the following definitions shall be applicable: a, Consultant: Consultant shall mean a joint venture comprised of Boyle Engineering Corporation and Ludwig Engineering, located at 118 Airport Dr A'e, Suite 210, San 6e rnardino, California 92409. b. City: City shall mean the City of R>ncho Cucamonga, a aunicipal corporation, Lnc aced at 9320 Baseline Road, Suite C. Rancho Cucamonga, California 91130. c. City Council: City Council shall mean the Cicy Council of the Ci [y of P.ancho Cucamonga. d. Services: Services shall mean the services Co be performed by the Consultant pursuant to [his Agreement, e. Satisfactory: Satisfactory shall mean satisfactory Co [he City Engineer of the City of Rancho Cucamonga and the Project Manager from [he County of San Bernardino. -1- f. County: County shall mean the San Bernardino County Flood Control District. g. Project Manager: Proj act Manager shall mean Ruben V. Nontes, Public Works Engineer IV, or an alternate assigned by the County. 2. SCOPF, OF SERVICES Consultant agrees to perform for and furnish ro the City the services described in Exhibit A, "Scope of Se r•~ices", attached hereto. The scope of services ss presented in Exhibit A for the Day Creek system covers the final design of the construction pions, specifications and cost estimate for the street and local drainage improvements for the street crossings of Day Creek Cbannel, the Day Creek. Basin improvements, and miscellaneous storm drain improvements.. The southern limit of said work is the south side of 7th Street end the nor the :-n limit is 200 feet north of [he 60 foot right of way of Highland Avenue and includes the design of Day Creek Basin and its inlet and outlet. The jur.ccion of the Da}' Creek Channel and the outlet channel from the freeway drain located south of Arrow Highway is no[ included ir. this ccntract. It Ss understood tF.at another engineering firm will pe rfoxm the design development and the final design fox Day Creek channel. The final design pl•.ase outlined herein will be in accordance with design parameters developed by the other engineering firm as part o_' their design development phase contract. Consultant is entitled to rely on information and documents prepared by Che other engineering firm without any independent r~view, 3. TIME FOP wEp rpgnlgt,CP Consultant agrees that it shall diligently and responsibly pursue the pe r: ormance of the services required of it by this Agreement. and that said services shall be cor..p le Ced by January 1, 19°5 per Exhibit C (Oast gn Schedule). Consultant shall present the facilities design for City review acd approval aC the 108, 50t and ^Ge completion stages. Additionally, monthly status re~or[ meetings shall be conducted to discuss the elements of design. If a delay beyond the control of Consultant is encountered, a time extension may be. mutually agreed upon in writing by City and Consultant. Consultant shall present documentation satisfactory to City to substantiate ary request for a time extension. -2- :ro [withstanding any other provisions of this Agreemenc, Consultant shall be compensated in accordance with the fee schedule attached hereto as Table II of Exhibit Abut such compensation shall not e xteed a total amount of $505,873.00 with an additional $50,667.00 des igna ced as contingency which may be used with written authorization of the City Engineer. Cor..aensation in excess of $557,560.00 muse be authoriztd in writing by the City Council. In the event of authorization, •in writing, by City of changes from the work as indicated in Exhibit A or for other written permission authorizing addiC iinal work not contempla ced herein, additional c ompensa[i on shall be allowed for such extra work based upon the au thoi:zed payment schedule for Consultant's additional work, Exhibit B. Ccnsultant shall submit im•o ices showing the percent complete For the various tasks involved to the Project Manager for review. Payments shall be made thirty (30) calendar days following timely approval by ehe Ci[c. Work performed at the request of the Ci[y, outside the limit specified in this Agreement, is to be designated as extra work on monthly invoices. Rork performed in connection with an auchorized written change order will be so designated on said invoice, Payment shall be based or. the percent of completion of each task outlined in [he Fee Schedule for Day Creek Project (Table II of Exhibit A). De [exmination of pe rtent comple ced shall be [he sole judgement of the Ci [}' fn consultaiicn with the Project Nana get and Consultant, Consultant agrees [hat in nu ever,[ shall City be required to pay to Consultant any sun in excess of ninety-five (95) percent of the maximum payable hereunder prior to receipt by the City of all final documents, toga [her with all supplemental technical documents as described herein, acceptable in form and content to City. Final payment shall be. made not later than sixty (60) days after pre sentetion of final documents and acceptance thereof by City. CITY SiIFPOoT City shall proc:de the services of the Project !lnager to act as the primary `. oval point for all communications be taeen City, the County and Consultant, The Project tianager shall be given full authority to act nu behalf of City in the review and approval of project design and coordination efforts, In addition, City shall use its best efforts to provide to Consultant the following Teems of support; a. provide Consultant wich up-to-date information as it b•:comes available which may have an effect on the services being performed by Consultant for the Proj ecc, .~- b. Make available [o Consultant reports and other data relative co design and construction of the Project previously prepared by or for the County. c. Assist in obtaining access to and make provisions for Corsultant to enter upon public and private lands as required in the performance of Consultant's work under this Agreement. d. Examine all studies, ze por es, sketches, estima ces, specifications, drawings, proposals, and .other documents presented by Consuitant and render netess any de<is ions pertaining there [o within a rcasonable time so as not to delay the work of Consultant. e. Give prompt written no: ice to Consultant w'he never City observes cr otherwise becomes aware of any defect in the Froject. f. Obtain, with Gonsultanc's assistance, approval of all Governmental authorities having jurisdiction over the Yrojece and such approca is and consents from such other individuals or bodies as may be necessary foz completion o.` the Project. OL;~ERSHIP OF D~CCMEVT.S All documents, data, 5tud:'es, surveys, drawings, maps. models, photographs, and reports prepared by Consultant pursuant [o this Agreement shall be considered the property of City; and upon payment fen services perfo rn.ed by Consultant, such documents and other identified materials shall be delivered to City by Consultant. Such materiels aze instruments of services relative to the scope of this Agreement. The plans or designs developed by Consultant under ih is .Agreer..ent are rot authorized for reuse ac iota r--ions other' [Iran originally intended. Consultant may, however, Hake and retain such copies of said 1.ocuments end matezials as Consultant mey desire. TERMINATIOF This Agreement may be to retina red by C1 [y upon [he giving of a written notice of termination [o Consultant at least fifteen (15) days prior to Che dace of termination specified in said notice. In the event this Agxe ement is so tern. inaCe d, Consultant shall be compensated on a prorated basis with respect to the percentage of tasks, outlined in Iab le II of Exhibit "A", compie ted as of the date of termination. In no e~•ent, however, shall Consultant re ce i•:e mote Chan the maximum specified in Paragraph 4 above, Consultant shall provide to City any and all documents, data, studies, surveys. drawings, maps, models, photographs, and reports whether in draft or final form prepared 6y Cunsul tant as of the date of to retina cion. Consultant may not terminate this Agreement except for cause. 4- Mn~n nceicweTrn QCPQ FCFTTaTTVFC Any and all notices, demands, invoices, and written tommvni cations be [wean the parties here co shall be addressed as set forth in this Paragraph 8. The below-named individuals, furthermore, shall 6e those persons primarily responsible for the performance by the parties under this Agreement: Rov Lamar, Project Manager. Boy).e/LUdw ig, 116 Airp crt Drive,. Suitt 210, San Bernardino, Cal ifo:nia 92408. Auben C. Kantes, Project Manager, San Bernardino Covnty Flcod icntrof District, 825 L'. Thitid EtreeC, San Bernardino, California 9't515-GE35. Anv such notices, demands, invert es, and written communications shall be deemed to hate been race i-,~Ed by the addressee forty-eight (48) hours aREr deposit thereof in the tinited States mzil, pcscage prepaid, and property addressed as set forih above. I::Sl:i_~?:L^£ Corsultzr.t shall re ither coan:e nce wor); undEZ tms Agreement ,,.,t it .• has obtained all insurance required hereunder in a cospany or compar.i es acceptable co City nor shall Gonsultanc allow any subcontxac roc ;n co.^. m.nce work en a subcontract until all insurance required of the subccnixzc for has been obtained. Consultant shall secure and ma retain at all times throughout the term of the A4xeeme-:c the following policies of insurance: a. 'r;ozker's Compensation -rsurance; Before beginning work, Consultant shall furnish co City a certificate of insurance as proof that it has taken out full worker's compensation insurance for all persons whore it may employ directly or through subconcracto rs in carrying out the work specified herein in accordance with [he laws of the Sca to of California. In accordance with Che pros isions o'. California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. Consultant prior to ummencinf work shall sign and file ui th Cic}' a cercificn tion as foll..vs; "I am a:.'are o: the provisions of Sec cion 3700 cf the Labor rode which require eee ry employer eo be insured zgai rst l iabili cy for werl:e is compensatior. or to undertake self insurance in accordance with the provisions of that code, and I will comply with Bach provisions before commencing performance of [he work of the Agreement." b. Automobile Liability Insurance: Throughout the term of this Agreement at Consultant's sole cost and expense Consultant shall keep ar cause to be kept in full force and effect for the mutual benefit of City end Consul [ant comprehensive automobile liebili ty insurance providing protection of at lees[ Two Million Dollars ($2,000,000) for bodily Sn,J ury or death [o ary one person or for any one accident or occurrence and a[ least 14o Million Dollars ($7,000,000) for property damage, -5• c, Comprehensive General Liability Insurance: Throughout tl,e term of this Agreement at Consultant's scle cost and expense Consultane shall keep or cause to be kept in full force and effect for the sutual benefit of City ar,d Consultant comprehensive, broad-form general public liability insurance against claims and liabilities for personal injury, death, or property damage arising from Consultant's activities, providing prot¢t Lion of at least Two Million Dollars ($2,000,000) annual aggregate li mi es for properly damage or fox bodily injury or death to any one person or for any one accident or occurrence. , d. Errors and Omissions: consultant shall secure and maintair. at all times during the life of this Agx eemen[ a pol ic;~ or policies of inscrar.ce concerning errors and omissions (malpractice) providing protection of at least One Million Dollars ($1,000,000} in the annual aeexe rata for errors and omissions (malpracc i<e} with respect [o loss z rising from negligent actions of Consultant performing se n~ices hereunder cn behalf of City and the County. e. General Insurance ReGuir¢menes: All insurance required by ¢::p Tess prc :•ision of this Agreement shall be carried only in responsible insurance companies licensed co do bus ire ss in the State of California acd, with the exception of the errors and omissions insurance, sF.c 11 none as addicio^.al insureds Cicy and the County and their elec [ed officials, oF.`icers, employees, agents, All such policies shall contain langus ge to the, e:;tcnc obtainab la to the effect Char. 1. the insurer wa i`;es the tight of subrogation against City and the County and their resp oct lee elected officials, officers, ecpLuyees, agents, and r¢presertatives{ 2. the policies are primary and nonconrributing with any insurance that may be csrr led by Cicy ar,d the County; and 3. the policies cannot be cancelled or materially changed except after thiYy (30) days notice by the insurer to City by certified mail. Consultant shall fur;~ish Gity with copies of all such policies prorpcly upon receipt of them ax certificate evident ing the i rscranc¢. Consultant may effect for its own account insurance not required under this Agtieemest. 10. P:'~F"'-I pICP TI05 City, County, their elected!appuinted officers, agents, and employees shall noS be liable for any claims, liabilities, penalties, fines caused by damage or injury tc persons or property resulting from any r.e gligen t, willful, or intentionally wrongful acts, errors, or omissions of Consultant or Consultant's agents, employees, or representatives, not inc Uuding liability by reason of ae is of omissions caused by Clty, County, [heir agents, or employees, Consultant agrees to indemnify, defend, and -6- 95 Q~e ,aai save/,the City, County, and their elected/appointed officers, agents, end employees against any of the foregoing liabilities not including liability by reason of acts or oo,i ssions caused by City, County, their agents, or employees, and any costs or erpers es, including reasonable attorney's fees, incurred by Ci cy or County on account cf any claim therefor including claims by reason of alleged defects in the plans end specifications. Ito assignme nc of [his Agreement or of any part or obligation of :~e rfcrmance hereunder shall he made, either in w};o le or in part, by Corcul rant without the prior consent of Citv. 1>. INPErF.I<DEST CnYT21•'TC' The parties he re GO agree that Consultant and its employees, c_fice rs, and agents are independent coot ractnrs und<-r this Agreement and shall no. 6e wnstrued for any purpose to be employees of City. 13. °ST1~V•T" wince Consul tart has no control over the cost of labor any C.a filale or over cOmpe LlClVe bidding dLd market CJndi[lOns, :hE Es L1GaiE5 c: cons truetion cosy provided for ha re ir. arc to be r..ade on the basis of Ces'r itant's e::per'i erte and qualifications, bur Consultant does nnc Fuara^,cee the accuracy of such astimaces as compared to Contractor's bids cr et.e f[oj ec C's conSiCUCl ion cost. This ..greerte,t shall be gore toed 6y and construed in attordance with ;he laws of the Sea to of California. In the event any le gel preaeeding is instituted to enforce any tern er provision cf this Agree :rent, the prevailing pa r[y in said legal proor edi ng sha'.1 be entitled to :emvcr attorney's fees and costs fr:;a ihr =rposir.y pa rf y' ir: any amount dote rr.'i nod bt• the Court co be reasons hle. This Agreement supersedes any and all ocher agreements, ei [her oral or in uritiug, between the parties with respect to the suhj etc metcer herein. Each party to this agreement acknowledges chat no repro sentetion by any party wtriclr !s not embodied herein nor any other agreement, statement, or promise not conceived in this Agreement shall be valid end 6lnding, Any mod iflca[fon of this Agreement shall be valid and binding. Any modification of Chis Agreement shall be effective only if it !s in writing and signed by ell parties. .I. I5 WITNESS W'd EREOF, the parties hereto have caused this Agreement to be executed the day and year £ircc above wric ten. CITY OF Re1~CN0 CUCA"tO:iGA BOYLE/LUGWiG. a doinr Venture don D. Diikels Maeor Dace; ~~ Ro¢ N/l,am~r, M§n9ging Engineer BOYLE ENGINEERING CORP. ATTEST: Glen L. Ludwig, Omer LUDWIG EFGB7EERING By: Beverly A. Au[hele to Ci[v Clerk APPROVED AB TO FOR:9 Bv: City Attorney .g. NOTICE OF HEARING NOTICE IS HEREBY GIVEN of a public hearing to be held by the City Council of the City of Rancho Cucamonga on the proposed adoption of Ordinance No. Said hearing will be held on July 3, 1985, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Lyons Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. Said Ordinance, if adopted, will extend the effec- tive date of those interim urgency zoning regulations pertaining to Adult Businesses within the City of Rancho Cucamonga, adopted by the City Council on June 5, 1985, until March 6, 1986. Dated: June , 1985. Beverly Aut a et, City C erk ORDINANCE NO. a~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CZTY OF RANCHO CUCAMONGA ADOPTING AN INTERIM URGENCY ZONING ORDINANCE PURSUANT TO GOVERN- MENT CODE SECTION 65858(a) PERTAINING TO THE ESTABLISHMENT OF ADULT BUSINESSES. Recitals. (i) On December 7, 1963, the City Council of the City of Rancho Cucamonga adopted Title 17 of the Rancho Cucamonga Municipal Code, also known as the Development Code of the City of Rancho Cucamonga. As provided in Section 17.10.030(F), "Adult Businesses," as defined in Section 17.02. 140(C)(3), are businesses that are limited to as only permitted use in the General Commercial District. Moreover, said Section 17.10. 030(F) establishes certain special use regulations pertaining to whe re such adult businesses could be located within such General Commercial Zone. (ii) Subsequent to the City's adoption of the Development Code, certain decisions of the United States Court of Appeals have struck down adult business regulations in other jurisdictions and have cast doubt upon the validity of the aforementioned special use regulations pertaining to adult businesses within the City of aancho Cucamonga. (iii) This Council is concerngd about the validity of the aforementioned special use regulations pertaining to adult businesses and finds that it is nere ssary to establish interim zoning provisions to allow the Planning Staf£ and Planning Commission of the City of Rancho Cucamonga time to further investigate the issue of whether adult businesses should be permitted within the City as well as the special use provi- sions which may be appropriate to such adult businesses. (iv) All legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance. NO{P, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF TFIE CITY OF RANCHO CUCAMONGA AS FOLLOWS: -1- ORDINANCE N0. Page 2 SECTION 1: In all respects as set forth in the Recitals, Pazt A, of this Ordinance. SECTION 2: The City Council of the City of Rancho Cucamonga heze~y finds as follows: a. The special use regulations pertaining to Adult Businesses as contained in Section i7.10.030(F) of the Rancho Cucamonga Municipal Code have the possibility to be found unconstitutional and unenforceable as currently set fcrth; b. The unrestrained and unregulated growth of Adult Businesses has been shown to be a detriment to the economic, social and cultural welfare of communities; and, c. The approval of additional subdivisions, use permits, variances, building permits, and any other applicable entitle- ment for use pertaining to Adult Businesses, as currently set forth in the Development Code of the City of Rancho Cucamonga, would result in an immediate threat to public health, safety or welfare. SECTION 3: The following interim zoning regulations are hereby adopted: a. "Adult Businesses," as defined by Section 17.02.140(C)(3) of the Development Code of the City of Rancho Cucamonga, are hereby prohibited uses in all development districts of the City. b. No permit or any other applicable entitlement for "Adult Businesses" shall hereafter be issued and no such business shall hereafter be established in the City. SECTION 9: This Ordinance is enacted under the authority o California Government Code Section 65658(a) and shall be of no further force and effect forty-five (45) days from the date of adoption of this Ordinance vn less the City Council has extended this Ordinance in the manner as provided in said Section 65858 (a). SECTION 5: This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government _2_ ORDINANCE NO. Page 3 Code Section 36937 (b) and this Ordinance shall take effect immediately upon its adoption. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and sh311 cause the same to be published within fifteen (15) days after its adoption at least once in The Daily Report, a newspaper of general circulation published in the Cites Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED and ADOPTED this day of , 1985. 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 regu~ meeting o tif~Te City Council of the City of Rancho Cucamonga held on the day of 1985, by the following vote< AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Beve rl y~ A. Authe'3'e t, City Clerk City of Rancho Cucamonga -3- ~, . ~laa va' nniv Viav VUli nlrl Vlv Vt1 ~LLIB.'F/~ MEMORANDUM ~ ,~\, ~~j\. >' GATE: June 4, 1985 ~0 TU: Lauren Wasserman, City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Council Business for June 5, 1985 General Plan Amendment Public Hearing on June 19, 1985 It is desirable that amendments to the General Plan and Industrial Specific Plan be considered at pu611c hearing on the June 19 Council meeting. We neglected to include an item on the consent calendar to set these public hearings. [t would be appreciated if you would include this item under Council Business so that the hearing can take place on June 19, 1985. LBH;PAR:jaa .._~r,a, . c ~^ ~a9.c. .. .. .. er:r. Ci .y aa:'er ty~ cancil cf na.^. dac•Cuca:nc cr;a ::-.c. or: ~7 ~,a.^.chc rucamo rga, Calif. 1173 :,tt :.: ;.orin '.;asserman: Garcl ~. ~21me^ GU:1n1sG.^.r ~G.4r 240 ~ ...ay 3 ., I a ::ritiag in regards to the 11; acre irevitti su~ecivisicn prcject iced if ied as Ti 1277E Fcrecast. Si.^.ce i a ~ part cw ner with : ree a:;d Glauys Schulhof of th:: ~..rper ?art cf the sutdivisior. i ax E.r early cc ncernec as to ?h.e f'a t'~.^e re s'.a is cf laru cevelc~c:e nt in that area. ,.s are in the prccess of mas~erplannir.5 cur property, parcels -.°1-C2, 24~-C 51 _~. 3, aac 24.-~.l-4 j, which are .;est anti .~cr'h of the 'rrevitti c~~rcject. ,ae expect to i.;:prcvs the existing rcac ccnre ction as~well. Sane of t:.e ac ;, ,, in i.; l anc ov;ners are already developing their properties. £eel the area shculd main+.a i:. a Paris -li e appearance since :re ar= 2ll next to a wilderness area. •P adjoining lz:,as are ^iece-mewled together with no master plan, one will all su1'ier ±he consequences. ~++c uld lire tc see irrevitti follcw ing thrcugh with rtis nrcjec<, by adhering to the planninE ecmmissionS rec4 ~.~r; ndaticns as v.ell as raying his land taxes just life other taxpayers mUSt d0. i:, therefore, hope th? Planning cc mission will eemane a easier pla: for i.roject TT 1237E Forecast. Sincerer, Garcl i• gel Tlen '' ~~ ~u 6 S ~e~c-`~ ~~~ ~ May 31, 1985 Mr. Lauren Wasserman City Manager 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91701 Dear Lauren, As you know, I have been a member of the Advisory Commission si ,ce incorporation. I have been included in [he General Plan Covmi i.t tee, worked with city staff and Advisory Commission members and th o~ough ly enjoyed having worked on pr of ecCS [hat have or are now becoming a reality. In the early days it wes quite a challenge to an[i~ipate what was good Eoz a growing city. My most recent appointment [o a managerial position has mace it increasingly difficult to attend commission meetings and he involved as much as I would like. As iC is I was planning to serve until September, but I guess I'd better resign my apPoin[ment now and let somebody new step in. If you wish, however, I would be w.l ling Co attend as many meetings as I can between now and Se p[embnr until a replacement is found. I would Like to take this opportunity co thank [he Ci[y Councils past and present for Ch is opportunity, i[ was well worth i[. I would also Like [o thank you, Bob end other city staff that I have had a pleasure to work with on various issues. I believe your staff ahou ld be commended on a job welt dorm. Very Cru ly yours, Ji Mended zT'~` "a Advisory Commission-Cucamonga cc: Jim Banks 9555 5.3. 302 Lane Goring, Oregor. 97009 ^!ay 31, 1985 Lorin dasserman City Council of Rancho Cucamonga Y.O. 3oX 807 Rancho JUCamonga, California 91730 Dear Lorin rv asserman: S am thr- owner of property adjacent to subdivision + 12376 Forcas t, ~P~ 200-051-06 S 07, Y,y property covers parcels n 200-051-02, 200-051-53, and 200-051-05. It is my sincere desire that the Planning Commission demand a Master Plan for the 115 acres ad ja met to my property identified as '.'7 12376 Forecast. ..e arc in the process of Has ter Planning my property and the entire adjacent area to the west and to the north of my property. :toads are under constrution and lot grading has been underxay on part of the adjoining land. Ae plan to develop the canyon area adjacent to :'T 12376 Forecast. It is also planned to improve the axisting road connections to dlmond Street and 6iy Tree Road. de anticipate that all these related areas will have a park-like appearance against the wilderness area to our north. rlc, therefore feel that the idea of the Planning Commission to require a Mzst~ plan for 115 acres as previously proposed by Fo eaast Mortgage Co. would have a most desira blc outcome and be satisfactory to the entire area. de_ hope the City Council will concur with the Planning ^_ommission's requirement for a Master Plan in the development and planning of the land. ~inccrely Yours, //~~ Diane McGinnis c c , S~~ ~' ~ S ~. darcl :,. ~elmen '7 Gcu r.ty Woad 2~ Gunnison, Ccicraco ?123. :,.aY 3 1y.7 ~orir, ;,a sserman, City ,::anaoer i ity Council cf nancho Cucamonga P.C. pox .~7 -.ancho Cucamonga, Calif. 9173~~ :,ttn.: Lori r. '.;asserman: 1 am •,vriting in regards to the 115 acre trevitti subdivis icn orcject identified as :. 1237E Forecast. :since l am part owner with Frec and Gladys .ichulhcf of the erper part cf the subdivision 1 am i:-r ea tly cc rcerned as tc the .u ^ure resells cf land development in that area. .,e are in the process of masterplannirg cur property, parcels <.~-. 51-C2, 2i. t,-C51 -~.: 3, and 2~1.-..,51-:.$, which are nest and \crth o£ the Frevitti project. ,ve expect to improve the existing road connectior. as well. acme of the acj~ining lane owners are already developing their properties. i feel the area should maintain a park-like appearance since we are all next to a wilderness area. if adjoini nC; Janos are °ie re -:healed together with no master plan, we will all suffer the consequences. 1 would iirce to see Previtti fcl lcwing thrcu~;h with his prcject by adhering to the planning ccmmission9 recd cum•e ndations as wei.l as paying his land taxes just like other taxpay ors must do. i, there.`ore, hope t.",? plannin€ commission will aema nu a .Waster plar: for project TT 1<3~6 Forecast. Sincerely, Carol i.. •.; el men -WEST VALLEY VECTOR CONTROL DISTRICT 5050 BcMe/er Arenua • Chino, CA 91710 • (7141 691-1635 June 3, 1985 }tr. Jon }fikels, Mayor City of Rancho Cucamonga 9320 Base Line Rd. Rancho Cucamonga, CA 91730 Dear Ffayor Afikels: The Board of Trustees of West Valley Vector Control District has asked that I convey their interest in, and concern for, the vector problems that you and the City Council are facing. We sincerely appreciate the feeling of frustration you must be experiencing. We do not believe that everything done by a governmental agency must move at a snail's pace. You and your fellow citizens want relief now', and there must be a way to obtain it in a reasonable time frame. To demonstrate our willingness to assist a neighbor, our Board, on May 28, 1985, unanimously passed a resolution to annex your community if that is your desire. We are willing to do whatever is needed to expedite this action, if you tell us you want it done. Attached to this letter is a plan of action developed by the staff of W'.V.V.C.D. I believe it is a direct, concise, reasonable and attainable plan. We have discussed some of the steps needed to accomplish this with pour Planning Department. The Board and staff stand ready, willing, and able to proceed at your request. Sincerely, ~. ~ ~~~~ W. W. (Bill) Sitton President Board of Trustees ce: !,fembers of The Board of Trustees, W.V .V .C.D. N AYN{ A crry,', ;.{q C~'~ ^'0~.~,r l~$AJ Vf.l. fPd o'. '. W'l ils,; l\ :'1 RI'. „f'~^~~ ql\... A' r~lt \\:1:1/.1' C, \'. /d hl l' .V WEST VALLEY VECTOR CONTRDL DISTRICT - -What is it? - - The West Valley Vector Control District is a self-governed special district formed in January, 1984, in accordance with Section 2200 of the California Health and Safety code to control mosquitoes, flies, rats and other disease vectors within the West Valley region of San Bernardino County. The District presently encompasses 125 square miles of the Chino Hills, the dairy preserve, City of Chino and portions of the cities cf Montclair and Ontario. Approximately 100,000 residents live within the District. The District is one of fifty-eight vector control and mosquito abatement districts in California. The first was formed in Mar in County in 1915. These districts service most of the populated areas of California and as such are the standard way of providing community pest abatement. - - What are the Goals? - - * To actively prevent human disease cases by maintaining vector populations below the disease threshold level. ~ In the absence of disease, to maintian insect and rodent vectors below the complaint threshold level. • To prevent discomfort, annoyance and economic losses caused by insects, arthropods, domestic rodents and related animals. * To maintain the vitality and health of the community as a part of a complex chain of events, all resulting eventually in an improved standard of living for everyone. - - Who Manages the District? - - The District is independently governed by the member cities and county through their appointed represen tatives on a Board of Trustees. Board members bring diverse backgrounds and expertise and are chosen for their outstanding abilities and dedication to their community and are responsible primarily for providing ove rall direction and growth of the District. Current members ar e: City of Chino William W. Sitton President Milk Marketer County Unincorp. Lisa Van Greuningen V.P. Housewife County Unincorp. William C. Walker, Jr. Secretary Contractor i City of Montclair Nancy M. Citso Trustee• ser Bank Appra Broker City of Ontario Wayne A. Stringer Trustee Insurance The Management Team DistT ict Mana eT giolo9Y nag°ment LY1e M Stot elmYre 63 8A gntomolo9Y/. Chaf Jose State Cal yf orniaY Gra Aamin istr arf1970 ~3n la 74 19~4_BS 9~3" San sitY °f ands, M'A~ Vietnam Vietnam ° County Un ief °Redl Army, ist, U.S. Embass San $eL Hardin UniveT Entomo 9 Manager U.5 control Ch Commis insect 6 rodent Asst. Supervisor, U eT at ions eY/Field Assistant Mana Pf untnez BA Biology Allan R• University, MA gntomolo9Yent District, San Jose Stt eNo Lhwe 84i MOS gllTCt contP Ol. San Bernazdino tT EntO Ri~e9 side 19"15 6 zoden Pro9 COUn Y a91984185ect - ll) $e6r ora COpCTO1 Te°hn icianssPraY rig attached s leve L' l4) Vect ide s Staff (9) Summe L= cks with sPr aYer equipment uiP ll) PyckuP s o e1b icide ° ez ated E9 ment: ( 200 iou they hand P var What SelvyCes Will be OffeLed? ted immediately Lf1Y in it is the var 9 q Y will bike Pzoblema mon ito; 66 f F1 Cam- °nt~ an lY edin9 or the P Qasuras w A Pro9T am the 9eo9ra ehm Flo ebr en measu=esz fes, tTO min9 ill evaluate ent, ch C°nt vembeT• These con sPPeciei on dens z[ye in in K° follow~aP opula gill beg essaTY Populati with nec de: insPeCtyOns for enf ozcemenr Ts equl e inclu oultzY ranch lchalc ids) P de sites odds. ~ monthl ions if °O of Para nei9hboTh TnsPec 10 million f1Y ma99 affected of of Pzo9Tam iD . ~ a pTOlo9ic al contz of °e cessazY• .backyard soar ces• as redUC lnq f1Y °hemTCSl °ontr It education Pr°gTam aimed at • adu ~{ COmmUniLY a _ 2 _ Roof Rats Experience has shown that the most effective means of rai control is a block-by-block program wherein the rodents are trapped and/or poisoned coupled with the elimination of food, water, and harborage. The initiation of such a program would be dependent upon an extensive survey defining the specific problem locations and the extent of the infestations. Until that time rat control will be handled on a complaint basis. Mosquito Control Mosquito abatement procedures also involve area surveillance to determine actual and potential breeding sources. Surviillance activities include adult trapping devices, and larval source determinations by both ground and aerial means. This activity can be initiated during September, the goal being to locate and map all sources prior to April, 1986, when control measures are normally initiated to preclude the production of adult mosquitoes. Control measures include source elimination, larval mosquito control through stocking source with mosquito fish or chemical means, and adult mosquito control through chemical pesticides where necessary. Because mosquitoes are prime vectors of arthropod-borne encephalitis (26 documented cases occurred in So. California during 1984), monthly samples of the adult mosquito population will be taken throughout the Summer to determine the extent, if any, of the viruses in the Rancho Cucamonga area. Education The District takes a pro-active position with regard to community education, both through school visits and the local media. Education bacY.ed up with enforcement and control meas uxes promotes beneficial changes in the attitudes and actions for a healthy environment. Response Time The District will employ two additional vector control technicians with proper vehicles and equipment to be assigned full time to Rancho Cucamonga, We estimate this level is required initially to maintain a 29 to 48 hour response time for complaints and to provide the above regular services. WRen objectives for specific programs are achieved due to seasonal changes or allotted time expenditure, activities and resources will be redirected to other projects in order to conform wish workload levels. After initial surveys are completed and control experience is gained, if it is found that supplementary help is needed, additional staff may be hirefl on a seasonal basis in order to maintain the District policy of a 48 hour response time. - 3 - Dlsttict Funded'. " _ Now is the California µealth - the operat ion or all sesment cost of e °tOrs• The Board °~ode sect ione of benef is Eros pay foth he pet ae ma ner ct ron through ao stand wa ~ 9m s9ura bY~thel County in the sam parcel ect ion lec ar~d Pai or 59.00 res aa1tF o ert ies, and Pest aye col to for r P asa PrOpertY taxes. er month ult peSe Yearn fo=1P/Ye trYf orra ~h Se and15150/Yearcfor da it =es. out Ss0/Year and HOWL ' _ _ Who Can be a Membe[ from the City yesnlntion sons annex t° the Dystr rct by a of ervi rd suP p ci Y may uestin9 such• if th? boa reasonab e t annexed wythin may be Lion is Councyl re4 tort that POr. a resolution ti9uous terri lotion, drstrr0t. Noncon by reso from the also must Pas oPe at Tonal distance tyon Commission The Local thee annexat °n• gr ant in9 _ _ Conclusion bas 1C GOInerst eCLSa Cit Y°tl th ana ofY PrOgr am egte Vayley Vectoz Contro Saf µeal sra an test ar aecisi n er 701 tden t con e non_contro 1 government Ther of ore' pisirdict will be _ 4 ' MINUTES OF THE BOARD OF TRUSTEES OF THE WEST VALLEY VECTOR CONTROL DISTRICT May Z8, 1985 RESOLUTION Whereas: The West valley Vector Control District was formed with the intention of providing comprehensive vector control services for the ultimate benefit of all residents in the West Valley, and Whereas: The City of Rancho Cucamonga at its May 15, 1985 council meeting has expressed an interest in joining the West Valley Vector Control District for the health and welfare of its cit izenS, then let it be; Resolved that: This Board of Trustees as a matter of expediting any formal resolution for annexation from the City of Rancho Cucamonga hereby consents to favorably receive such resolution. action of WVVCD Board of Trustees motion X X X motion second LVG WCW WIiS WAS NMC /~~ // /i e f 4l "] <C'~~f<i.x t ' [~2-X41.-•L Dated a-( 2'S'~ l~c`- Secretary o£ the Board ' June 5, 1985 CITY OF RANCDO COCAMONCA REDHVELOPMENT AGENCY MINDTES 1. CALL TO ORDER A meetivg of [he Redevelopment Agency o£ the City of Rancho Cucamonga met on We dmeeday, Sune 5, 1985 in the Li one Park Community Center, 9161 Baseline Road. The meeting vas called to Order at 7:10 P.m. by Cheitman Jon D. Mikele. Present were Agevcy members: Charles J. Buquet II; Richard M. Da 61, Jeffrey Ring; and Cheixman Jon D. Mikels. Also present were: Executive Director, Lauren M. Nae eermev; Redevelopment Agency Analyst, Linda Daniels; and Deputy Director, Jack Lam. Absent: Agency member, Pamela Wrigh [. Approval of Ninu[ee: Motion: Moved by Mikele, seconded by Dahl to approve the minutes of April 17, 1985. Motion carried 3-0-1-1 (Ring abstained). No items submitted No items submitted • w : * r x ~ + 2. CONSENT CALBNDAR 3. PHBLIC HEARINGS x : r • e x 4. STAPP flEPOHTS 4A. REVIEW OP CRINO BASIN M1R7ICIPAL WATER DISTRICT TAE IRCREMERT PASS-TBRO ES- (1) TIMATE POR PI9CAL YEAR 1985 /86. Staff report prevent by Linde Daniels. Mra. Daniels stated that [hie action [Dwight ie being dooe as part of the Paae-Th ru Agreement. The Agen<y moat rev iev and make recommends ei one ae to the amount being passed through. Choitman Mikele opened the meeting For public hearing. There befog no re- aponee, [he public hearing vac closed. NOTION; Mwed by Ring, seconded bq Buquet to direct staff to adv fee [he Chino Basin Municipal Water District of the follw fag: 1. The aat is ipeted year 1985-86 financial Deed is vi[htn the eapected tae increment pass-through proj eccioa for the Chino Basin Municipal Mater District. 2, Thet language eh ould be added ~o Che pr oponed draft budget which indi- cates chat the projected tax increment resource ie an estimate only end ie subject to rev ivi oa based on the Final secured tae roll [abuleti on. 3. That foods available to the district will be forwarded to the district, lees the amounts required Eor the affordable housing funds end edmioie- [rative expe rasa. Motion carried 4-0-1 (Wright absent). • + # • « ~ x Redevelopment Agency Minutee June S, 1985 Page 2 5. NBN BUSINESS Mr. Nee Berman informed the Redevelopment Agevcy [hat staff vas warki ng Ov the f ipancivg of the Mello Rooe proj ecC. Sometime in June or July, ve vill be meeting vit6 those vha rate the bovde. Sivice they ere not famrl iar with the procedures of Mello Rooe, ve do expect a lo[ of queatione. x x x x x x x x 6. ADJOUR7DfENT MOTION: Moved by Ring, seconded by Dahl [o adj ~~ra. Hotion carried 4-0-1. Heetipg adjourned at 7:15 p.m. Respectfully aubm fitted, \ _. r~,..,. .. , Beverly A. Authelet As eie [ea[ Secre eery Appr wed June 27, 1985 June 5, 1985 CITY OF RANCEO CL'CAMONGA CITY COUNCIL MINUTES Ae¢u ler Meeting 1. CALL TO ORDER A regular meeting of the City Council of the Ci[y of Rancho Cucamonga met on Nednea day, June S, 1985, in [he Liove Park Community Center, 9161 Baseline Road, Rancho Cucamonga. The meeting was called [o order a[ 7:35 p.m. by Mayor Jon D. Mikels. Yr seen[ were Couvcilmembera: Charles J. Buquet II, Richard M. Dahl, Jeffrey Ring, and Mayor Jon D. Mikels. Absent: Pamela J. Nr igh[ Also present were: City Manager, Lauren M. Wasserman; City Attorney, James Madman; Ci [y Clerk, Beverly Au[heleq Community Development Director, Jack Lam; City Planner, Rick Gomez; Cicy Engineer, Lloyd Bubbe; Assistant to Cicy Manager, Robe r[ Rizzo; and Finance Director, Barry Empey. : x x . x 2. ANNOUNCEMENTS/PRESENTATIONS 2A, Thursday, June fi, 1985, 7:00 p.m. - RIS TORIC PRESERVATION COMMISSION, Li- ons Park Commmity Cen[et. 2B. Nedneeday, June 12, 1985, 7:00 p.m. - PLANNLNG COlDfISSION, Lions Park Com- munity Center. 2C, Thursday, June 20, 1985, 7:30 p.m. - PARR DEVELOPMnNT COMMISSION, Lions Park Communi [y Center. 2D. Presentation of Service Awards - Biet or is Preeervati on Commts eioners Eugene Bil lingo, Ada Cooper, and Nazine S[rene. 2E, Councilmen Ring requested an addition to the agenda under Council Busi- ness: 7C. Discussion of eendiv¢ a del eRete to the Conference on Women 2F. Nr, Nasserman requested an addi [i on Co the consent calenaer: 3GG. Set Public Beer inY foz June 19. 1985 - General Plan Amendmenc 85-04 and Industrial Area Soec if is Plan Amendment 85-01 - Ci[v of Rancho Cucamonga. : • + x + 3. CONBENT CALENDAR Councilman Dahl requested Item "Y" removed for discussion. 3A. Approval of Warrants, Re giacer No"e. 85-06-OS and Payroll ending 5/2fi/85 for the total amount of 459,108.09. 3B. Alcoholic Beverage Application No. AD 85-08 far On-Sale Beer 6 Nine Eattng (1) Place Lice nee, Edward Flaherty, 8463 Bav en Avenue. (0409-04 ALCOHOL) G C i[y Council Ninu[es June 5, 1985 Page 2 (2) 3C. Forward Claim (CL 85-13) against the Ci[y by Glenn Parker, pe reonal injuries on February 12, 1985 at the in Cereec[i on of Ar c6 ibald and Banyan. (0704-03 CLAM) (3) 3D. Approval of Parcel Map 6962, Agreement and Bonds, located on the nor [h (+) side of Vice re DtiVe, vest of Jae per, submitted by William J. Roth. (1002-09 PARCEL MAP b 0602-01 AG REENENT IMPROVEMENT)) RESOLUTION N0. 85-154 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING PARCEL HAP 6962, IMPROVEMENT AGREEMENT ANO IHPROVFNENT SECURITY (5) 3E. Approval of Parcel Nep 8648 and Real Property Impr wement Contract and Lien Agreement, located on the nor Chveat corner of Rochester Avenue and 8th Stree [, submitted by Lincoln Property Company. (1002-09 PARCEL NAP b 0602-01 AGREEMENT IMPROVE/LIEN) (6) RESOLUTION N0. 85-155 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCANONGA, CALIFORNIA, APPROVING PARCEL NAP 8848 (TENTATIVE PARCEL MAP N0. 8648 RESOLUTION N0. 85-156 A RESOL DTION OF TFIE CITY COUNCIL OF THE CITY OP RANCHO COCAMONGA, CALIFORNIA, ACCEPTING AREAL PROPERTY IMPROVEMENT CONTRACT AND LIEN A^,REENENT FROM LINCOLN PROPERTY COMPANY FOR PARCEL HAP 8648 AND AUTHORIZING THE MAYOR AND CITY CL ERR TO SIGN 1NE SA1~ (7) 3F. Approval of Parcel Map 8891 Loca [ed on the seat aide of Rochester Avenue, south of 7ch Street, aubm i[ted by Joha Garaeich, (1002-09 PARCEL NAP) RE80LOTION N0. 85-157 A RESOLUTION OP 'NE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8891 (TENTATIVE PARCEL MAP N0. 8891) (A) 3G. Approval of Tract Noe. 12028, 12029, 12030 and 12031, Impr wement Agree- ment, Improvement Security, and Piml Mape, located on the south aide of Church S[r set, east of Archibald Avenue, submit tad by Marlborough Homes. (1002-04 TRACT MAP b 0602-01 AGREEMENT INPROVEMEN T) (9) EESOLUTION N0. 85-158 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INPROYEMBNT AGREEMENT, IMPROVEMENT SECURITY AND FINAL NAPS OP TRACT NOS. 12028, 12029, 12030, ANO 12031 (TENTATIVE TRACT HAP 11663) 3H. Re lases of Bonds: (l0) Tre ct 12332-1 - Located oa the esec Bide of Haven Avenue a[ the notch City Limits; owner, W.H. Labevd. (0602-01 BOND RELEASE) Release: Improvement Security 5300,000.00 (Le bor b Ma ter isle) Ci [y Council Minutes 3une 5, 1985 Page 3 DR 83-10 - Located at [he south east corner of 8th Street d Rochester Ave- (11) nue; owner, Jul iue A Charlene Viand. (0602-01 BOND RELEASE) Release: Improvement Secarr[y $ 22,426.00 (Faithful Performance) RESOLUTION N0. 85-159 A RESOLUTION OF TFIE CITY COUNCIL OF THE CITY OF RANCRU CU CANONCA, CALIFORNIA, ACCEPTING 1IIE PUBLIC IMPROVEMENTS FOR DR 83-10 AND AUTRORIZ ING THE FILING OF A NOTICE OF COMPLETION FOR THE NOAR 3I, Approval Go release Reimbursement Agreement for Str ee[ and Drainage Im- (1?) provement a[ Foothill Boulevard and Hellman Avenue and Lien requeeted by Levis Development Company for Che impr wement of Hellman Avenue e[ Foothill Boulevard. (0602-01 AGREEMENT REIMBURSE) RESOLUTION N0. 65-160 A RESOLUTION OF THE CITY COllNCLL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING REIMBURSEMENT AGREEMENT AND LIEN FOR STHHET AND DRAINAGE IMPROVEMENT AT POOTH ILL BOULEVARD AND HELLHAN AV@7UE 3J, Approval of public improvements of Lemon Avenue from Hermosa Avenue co Ha- (13) wen Avenue and filing a Notice of Comple [i on for the work. (1110-10 STREET IM- PROVE) (0602-01 BOND RELEASE) Release: Faithful Performance Bond: $137,223.00 Retention: $ 15,352,17 RESOLUTION N0, 85-161 (14) A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIPORN IA, ACCEPTING THE PUBLIC IMPROVEMEN TB FOR LEMON AVENUE AND AOTHORIZING 1NE FILING OF A NOTICE OF COM- PLETION FOB THE VORR 3R. Approval of Improvement Agreement and Impr wemenf Security and Real Prop- (15) arty Improvement Contract and Lien Agreemea[ £or DR 84-48, located a[ the nor [h east corner of 6th Street sad Uti ce Avenue, eubm it[ed by the Second R.C. Group. (0602-01 AGREEMENT IMPROVEMENT) (0602-01 AGREEMENT LIEN) RESOLUTION N0. 85-162 A RESOLUTION OF TIIE CITY COUNCIL OP THE CITY OF RANCNO CUCAHONGA, CALIFDHNIA, APPROVING IMPROVEMENT AGREEMENT AN- IMPROVEMENT SECURITY POR DEVELOPMENT REVIEW NO. 84-48 RESOLUTION N0. 85-163 ()6) A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCE PTINC AREAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT PROM TEE SECOND R.C. GROUP, A LIMITED PAR TNERSNSP AND AUTRORIZING TEE MAYOR AND CITY CLERK TO SIGN THE SANE 3L. Approval of Improvement Agreement and Impr wement Security for CUP 84-13, (l7) located e[ the nor theaet corner of Baee Line and Archibald Avenue, submitted by Sycamore Investments. (0602-01 AGREEMENT IMPROVEHF.N T) City Council Ninu[es June 5, 1985 Page 4 RESOLUTION N0. 85-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CNO CUCAMONC A, CALIFORNIA, APPROV iNG IMPROVEMENT AC RE EMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 84-13 (i8) 3M. Approval of Impr wement Extension Agreement, submit tad by Ca lv m avd Re eemary Mor gav for Parcel Nap 7646, located ov [he south aide of Nil lai de Road he [wean Carnelian and Beryl. (0602-01 AGREEMENT EXTENSION) RESOLUTION NO. 85-165 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF RANCRO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EATEN SION AGREEMENT AND IMPROVEMENT SECURITY POA PARCEL NAP 7646 (19) 3N. Apprwal of Reimbursement Agreement for Planned Drainage Fa cili[y Con- struction between Da on Corporation and the Ci [y of Rancho Cucamonga in conjunc- tion with Parcel Map 6202. (0602-01 AGREEMENT REIMBOBSEMEN T) RESOLUTION N0. 85-166 A RESOLUTION OF T11E CITY COUNCIL OP TI1E CITY OF HAN CHU CUCAHONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FROM -AON CORPORATION FOR PARCEL MAP 6202 (20) 30. Approval of Agreement (COBS-53) for Remove Avenue Improvements in conjunc- tion with Development Review 83-17, submitted by Andrew Bermakian. (06 U2-O1 CONTRACT) (~'.) 3P, Approval of Pipeline Lice nee (C083-54) between [he Southern Pacific Trane- partation Company and the Ci[y, in connection with Tract No. 12532, located east of Archibald Avenue and south of Victoria Street; and also [be appzwal of an Agr semen[ (COBS-55) betveev the developer, Archibald Aseocie tee, and [he City of Rancho Cucamonga. (0602-01 LICENSE) (0602-01 CONTRACT) (22) RESOLUTION N0. 85-167 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP HAN CHU CUCAMONGA, CALIFOHN IA, APPROVING A PIPELINE LICENSE BEIHEEN THE CITY AND TFIE SOllTHERN PACIFIC THAN BPOETATION COMPANY FOH THE INSTALLATION OP A STORM DRAI11 PIPE BENEATH THE EAILHOAD TRACES (L3) 3Q. Approval of Pr of eaeional Engineering Services Contract (COBS-56) wrch R. Baughman 6 Aee ocia[ee for North Tow Phase IV Imprw ementa for $15,345.00 plue a lOS con[inge ncy. (0602-01 CONTRACT) (2G) 3R. Approval of Pr of eeeional Services Agreement (COBS-57) for Etiwanda Area Dr ei Wage Plan 1-2, 1-1, 2-2 and 2-3 to Mille and Lill Associated Engineers in the amount of $80,300 plus lOS contingency. (0602-01 CONTRACT) (Z5) 3S, Approval of Pr of eseional Services Agreement (C083-58) for the preparation of reconetructian and reeurf acing of Vineyard Avwue Erom Baee Line Road to Carnelian Street with Nil den Ae eocia tes for an amount not to exceed $9,9U0 .00 p lue lOS con[i nge vty. (0602-01 CONTRACT) (7.6) 3T. Approval of Yr of.eeeionel Servicee Agreements Eor Cone [ruction Staking end (27) Soils 6 Materials Tee Ling with Aae Deis [ed Engi Waste (COBS-59) for 575,000.00 and Pioneer Conaultante (COBS-60) for $50,000.00, respectively, for Aeseesmenc Di attic[ No. 84-2, Alta Loma Storm Drain. (0602-01 CONTRACT) (28) 3U. Approval of a Conetruc[i on Contract (COBS-61) to Mathis Env tro~eneal, Inc., in the amount of $57,602, for [he Beryl Park and Liana Park Play Equip- ment Area Redevelopment Pr of seta. (0602-01 CONTRACT) City Council Minutes June 5, 198> Page 5 3V. Approval of a Aev iced Agr semen[ (C084-71) he tveen the Cucamonga County Wa- (?9) ter Die[ri ct and the CiCy of Rancho Cucamonga for the 50-year lease of the pro- posed Cucamonga Creeks ids Park. (0602-01 CONTRACT) 3W. Approval to secs pC the Bear Gulch Park project ae comple [ed. (1110-10 IM- (3n) PROVEMENT PARR) RESOLUTION N0. 85-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RPN CHO CUCAtlONGA, CALIFORNIA, ACCEPTING THE PUBLIC IHPROVEMEN TS FOR THE BEAR GULCH PARK PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MORE 3X. Approval [o release T.O.P Bonds in the amount of $2500.00 [o Lewrs Homes (31) for Nodal Home Selee office for Tract 9351. (0602-01 BOND RELEASE) 3Y. Items re•a~ed for diecmasion. Se[ public hearing for June 19, 198), Eor (32) appeal by Video Zone of the Planning Commission's inter pre [a tio^ of [he Sign Ordinance end direction [o proceed with enforcement after a [en day time perrod in vhich to Comply. (0701-08 APPEAL) 3Z. Se[ public hearing foz June 19, 1985 for the proposed use of the City's (33) General Revenue :haring Funds in relation co [he Fiecel Year 198-88 City Bud- ge t 0401-01 REYENDE SNARE) 3AA, Set puSl is hearing for Sune 19, 1985 for Env iromnen tel Aaeesement and Gen- (J'r) eral Plan Amendment 85-03. (0203-03 GENERAL PLAN) 3 BB. Se[ public hearing for June 19, 1985 for Environmental Aa seesment and De- (35) velopment Di etr ic[ Amendment 85-06. (0203-OS DEVELOP DIST) 3CC. Se[ public hearing for June 19, 1985 for Env uovmental AB easement end De- (36) velopmen[ Die [r ic[ Amendment BS-02, Rooyman. (0203-OS DEVELOP DIST) 3DD. Set public hearing for June 19, 1985 for Reprogramming of unused 19R3/84 (37) Block Grant funds to the 1984/85 North Tow S[r ee[ reconetruc[i on project. (0203-04 GRANT) 3EE. Set public hearing for July 3, 1985 for intent to Mnea Tract Nos. 12588 (38) and 12028 Gh rough 12031 to Lends cape Maintenance District No. 1 ae Annexation No. 24. (0401-03 LANDSCAPE MAINT DIST) RESOLUTION N0. 85-169 A RESOLUTION OF THE CITY COUNCIL OF TFIE CITY OF RAN CEO CUCAMONCA, CALIFORNIA, OP PRELIMINARY APPROVAL OP CITY ENGI- NEER'S REPORT FOR ANNEXATION N0. 24 1'0 LANDSCAPE MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 85-170 A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITB INTENTION 1Y/ ORDER THE ANNEXATION TO LANDSCAPE HAINTENANCE DISTRICT N0. 1, AS AS- SESSHENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION N0. 24 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1{ PURSU- ANT 1'0 THE LAN DS GAPING AND LIGNTINC ACT OF 1972 AND OFFERING A TIME AND PLACE POR BEARING OBJECTIONS THERETO 3 FF. Set nublic hearing of July 3, 1985 for intent [o Mnex Tract Noe. 12588 and 12028 through 12031 to Street Lighting Maintenance Die trio No. 1 ae Annex- ation No. 11 and to Street Ligh tiag Ma in[ena nee District No. 1 es Anoexa n on No. 9• (0401-03 ST LIGHT lIAINT DIST) Gi ty Council Minutes June 5, 1985 Page 6 (39) RESOLUTION N0. 85-171 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF RAN CNO CUCANONGA, CALIFO&1IA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOA ANNEXATION N0. 11 TO STREET LIGBTING MAIN- TENANCE DIB TRI CT N0. 1 RESOLUTION N0. 85-172 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OP AANCRO CUCAMONGA, CALIFORNIA, DECLARING ITS IHTEN TION TO ORDER TEE ANNEXATION TO STREET LIGNTING MAINTENANCE DIS I7IICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 11; PURSUANT TO TBE LPN DS GAPING AND LIGBTING ACT OF 1972 AND OFFERING A TINE AND PLACE FOR NEARING OBJECTIONS TNEAETO (r0) AESOLOTION N0. 85-173 A RESOLUTION OF THE CITY COUNCIL OF TEE CLTY OP RANCHO CUCAMONGA, CAL LFORN IA, OF PRELIMINARY APPROVAL OP CITY ENGI- NEER'S REPORT FOR ANNEXATION N0. 9 TO STREET LIGHTING HAIN- TENANCE PISTRI CT N0. 2 RESOLUTION N0. 85-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL IFORN LA, DECLAR INC ITS INTENTION TO ORDER THE AN NE1(ATION TO STREET LIGHTING MAINTENANCE DIS TAICT NU. 2, AN AS SES SHENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION N0. 9; PURSUANT TO 177E LANDSCAPING AND LIGBTING ACT OF 1973 AND OFFERING A TIME AND PLACE FOR NEAR INC OBJECT IONS THERETO (»I) 3GG. IND (G') MOTION: Moved by Ring, ee conded by Dahl [o eppr we the balance of the Cones nt Calendar, miaue Icem 'k". Motion carried 4-0-1. (Nr fight absent) r x r x w Discussion of Item Y: Councilman Dehl eta tad that after talking with the Attorney for Video Zone, he did not feel it vas ne ceeeary to hear this item again. It vas not the Coun- cil's fault [hat Video Zone's attorney vas no[ present. If ve allwed thts, then it could happen again. Ni [h the length of our agendas, he did oot want [o set a precedent. Mr. Naeee rman explained be had [hie put cm Che agenda just to relieve any quee- [ione about Che item since o0 one vas prevent at the hearing. Councilman King asked the City Attorney hts opinion. Mr. Marl®an responded that there vaea'[ aoy [h ing to preclude Video Zone from asking Eor Chia to be heard again; there vas no time frame, and they could come beck e[ any time. Io hie opinion, ve will hear [his one agern, and felt thrs wee the moat eapediti oua vey to handle [hie particular item. MOTION: Moved by Dahl, seconded by King to approve Cones nt Calendar Item 'k". Motion cerri ed 4-0-1 (Nright absent). • • + ~ • + City Council Minutes Jura 5, 198 Page 7 ~ + x • • < 4. ADVERTISED PUBLIC NEARINCS 4A. EN VIRONMENTAL_ ASS ES SHENT AND DE VELOPNENT DISTRICTS AMEN_DNEtiT 85-04 - (!.}) OGENS- A req asst [o amend Che Devel oilmen[ Die[ree[ Map from '7.° (Low De neicy Reaidevti al) to "ISP" (Industrial Specific Ylan) - Industrial Park for 2.5 acres of land located on Che southeast corner of Archibald and Marn - APN 209-062-01 and 02. Item continued from May I5, 1985 mee [ing. Scoff report pr sae n[ by City Manager, Lauren Has Berman. (0203-OS DEVELOP DIS T) Mayor Mi kale opened the meeting for public hearing. There 6eivg no response, the public hearing wee closed. City Clerk Au[hele[ Authelet read the title of Ordinance No. 262. ORDINANCE N0. 162 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DIS TRIGT AMEND- MENT 85-04 AMENDING THE DEVELOPMENT DISTRICT MAP FROM "L" TO "ISP" FOR 2.5 ACRES OF LAND LOCATED ON 1ME SOU TN EAST CORNER OF ARCNIBALD AND MAIN - APN 209-062-01 AND 02 NOTION: Moved by Ring, eeco nded by Dahl [o waive full reading of Ordinance Fo. 262. Motion carried 4-0-I (Hright absent). NOTION: Moved by Buque [, eeco nded by Ring to appr we Ordinance No. 262. No- tion carried 4-0-1 (Hrighl absent). • t t a ~ 4P. APPEAL OF PLANNING COMMISSION DENIAL OP TENTATIVE PARCEL MAP 9084 - FURS- (4G) CAST MORTGAGE CORPORATION. Councilman Ring requested that he abs earned on [his i [em because of a conflict, and he left the Council table. Staff report pre- sen[ed by Lloyd Hubbe, City Engi near. (0704-06 APPEAL) Mayor Mike is opened the mee [ing for public hearing. Addressing Council were: Ted Rope on, Attorney for [he appellant, rapt eaevcing For ecaet Nor [gage. Dean Nee Civge of La Jol le expressed concern regarding [he aces ea Co Parcel No. 9084. They were not opposition [o the concept of the Parcel Nap itae lf, only the access. James Pr iv iti, 10313 Rancho Stree c, eta tad that should this be approved, they have fl problem with Che access. The road whrch now exists you ld have Co be abandoned. If they were to lose Ch ie piece, then Che property at [he bottom would be useless. There being no further public tee pon ee, Mayor Nike le cl Deed the public hearing. After some discuss ion by Council, Councilman Dahl stated [hie eh ould be conai- tioned chat the whole area be mae ter planned. RESOLUTION N0. 85-175 A RESOLUTION OF THE CITY COUNCIL OP TtlE CITY OP RAN CRO CUCAMONGA, CALIFORNIA, REVERSING 1HE ACTION OF PLANN INC COM- MISSION RESOLUTION N0. 85-69 (PARCEL NAP 9084) City Council Minutes June 5, 1985 Page 8 MOTION: Moved by Dehl, aeco nded by Buque[ to approve Resolution No. 85-175 re- versing [he action of Planning Commission Resolution No. 85-69, Parcel Hap 9084, to incorporate condi[i one relative to three items: 1. Further delinea [ion of earthque ke fain to prior to isaun nce of building pe [mite. 2. Public access from Almond S[ree[ [o south. 3. Acceae to eur rounding properti ee. 4. The area be master planned orior to the approval of the final tract map. Motion carried by the fol loving vote: AYES: Buque t, Dahl NOES: Nikels AHSENT: Wright ABSTAIN: Ring xxxxxx Na ycr Mikele called a recess at 8:45 p.m. The meeting reconvened at 9:00 p.m. vi th all members of Cow cil present ezcept Councilwoman Nrigh[. xxxxxx xxxxxx Councilman Huquet requested [hat Item 6A be considered next. Council concurred. tlovever Che minutes Gave been left in printed agenda order. xxxxxx x x x x x x (.5) 4C. FLNAL EN VIRONNENTAL IMPACT REPORT AND APPEAL OP PLANNING COMMISSION'S DE- CISION DENYING GENERAL PLAN AMENDMENT 84-03-A - H 6 N INVESTNENTB - Appeal of Planning Commie ei on'e denial of a requee[ to amend the Laod Uee Nap of the Gen- eral Plan from Low Density Reside n[i al (2-4 du/ac) to Medium High Density Resi- dential (14-24 du/ac) for a 13.5 acre site loco fed on the south aide of Feron, be tveen Turner and Ramona - APN 209-085-02, 03, 14. Staff report by Hick Gomez, City Planner. (0701-06 APPEAL) Mayor Mikele opened the meeting for public hearing. Addressing Council were: Tracy Ti66els, 6286 Moons tone, Attorney rapt see nti vg tl d N Invee [menu. Nacho Gracia, 10060 Mumbolt, expr ea eed he vas ago inet the proj ec[ because of the increased denei [y. Sem Patrick, spokesman for Ci tizene For a Better Community, expreeeed that [his should he denied leaving [he density ae is. Mermen Rempel felt the area de ae rv ed Che same consideration as any other area. Ne are reducing de neitiea in other ateaa because ve da no[ want high density near single family dvellinge. Ni th th ie project, ve should be doing exa c[ly what we ere doing in other er sae. There being no further public tee goose, Nflgor Mikels cl Deed the pool is hearing. City At[or hey, J®ee Markman, pointed out that [hie vas an abe [tact requee[ Eor a General Plao Amendment. This may fol for with a zone ch enge request. tle ad- vised Council no[ get caught up with any suggeeted project or dwelltng units. City Council Minutes June 5, 1980 Page 9 Na yor Mikels expree sed that the project vas ebs utdedly incompa tt hle with the area. Councilman Dahl. felt [he density change vas far too high for Che[ area. Councilman Ring expr enned [he 14-24 was as inappropriate as [he 2-4. Councilman Buquet also expressed Che 14-24 wan inappropriate, and the 2-4 would not work either. NOTION: Roved by Dahl, ee conded by Ring to deny the appeal. Councilman Buquet eaprea aed the[ ve should not leave 8 6 H in limbo; [hey vav[- ed [o know what would be acceptable [o Council. Councilmen Dahl expressed that when N S 8 brought Che project back, staff was to be sure it was at a lover devei ty, and that there be no further EIB required for the project. RESOLUTION N0, 85-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CNO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AlfENR4ENT 84-03-A, N 6 E INVES'1MENTS HO TION: Moved by Dahl, seconded by Ring [o adopt Heeoluti on Nv. 85-176 and certifying [he ELR. Hoti on carried by the following vote: AYES: Mikels, Dahl, Ring NOES: Buquet A85EN T: Nright k * fi fi * k 40. ENVIRONMENTAL ASEEBBMENT AND DEVBLOPNENT DISTRICTS AMENDMENT 83-OS - CITY (!,6) OF RANCEO CUCANONCA - A Devel oilmen[ Dintrict Amendment from Low Residential (2-4 du/ac) [o Office /Prafeenionnl for 0.77 scree of land located at [he south- west cornar of Baee Line Road end Beryl S[r ee[ - APN 208-593-30. Staff by Rick Gomez, City Planner. (0203-OS DEVELOP DIS T) Mayor Mikels opened [he mee cing for public hearing. There befog no response, [he public hearing nee closed. City Clerk Au[hele[ read the title of Ordinance No. 264. OBDINAN CE N0. 264 (fire[ reading) AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OP RAN CEU CUCAMONGA, CALIFOBN IA, REZONING ASSESSOR'S PARCEL NUMBER 208-593-10 LOCATED ON THE SOU TEWEST CORNER OF BASE LINE ROAD AND BERri STREET FROM LON RESIDENTIAL (2-4 DU/AC) TO OP- PICE/PROFESSIONAL NOTION: Moved by Dahl, seconded by 8uque[ to waive Eull reading of Ordinance No. 264. Motion carried 4-0-1 (Nrigh[ abee vt). Neyor Nike le set second reed' ing for June 19, 1985. xt •fi+,r City Council Minutes ,lone 5, 1985 Page 10 (37) 4E. THROUGH 6 AND ACCEPTING THE FINAL ENGINEER'S REPORT. Staff report by Lauren Wasserman, Cf [y Manage r. (0401-03 ST LIGNT MAINT DIST) Mayor Mikela opened the meeting for public hearing. There being no res ponee, the public hearing vas closed. RESOLUTION N0. 85-'_77 A RESOLUTION OF THE CITY COllNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORX IN CONNECTIUN WLT11 ANNEXATION N0. 10 TO STREET LIGHTING HA IN TEN AN CE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT 1 NOS. 11893, 12801-1 AND 10035 AND 12590-1 THROUGH 6 RESOLUTION N0. 85-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION NITN ANNEXATION N0. 8 TO STREET LIGRTING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOB TRACT NOS. 11893, 12801-01 AND 10035 MOTION: Moved by Ring, seconded by Dahl to approve Res olu[ion No. 85-177. Mo- tion carried 4-0-1 (Wright ebse nt). • • ~ w x w (SA,) 4F. Iteu P, G and H were handled together. ORDERING TEE NORX IN CONNECTION LANDSCAPE NAINT (a9) 4G. LIGNT NAINT (50) 4H. 0401-03 ENGINEER'S REPORT POR TRACT NOS. 12365-AND 12590-1 THROUGR 6. (0401-03 LAND- SCAPE MAINT DIST) RESOLUTION N0. 85-179 A RESOLUTION OF THE CITY COUNCIL OP TDE CITY OP RAtiCH0 CUCAMONCA, CALIFORNIA, ORDERING THE NORR IN CONNECTIUN NITII ANNEXATION N0. 23 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPTING 'RIE FINAL ENGINEER'S REPORT FOH TRACT NOS. 11893. 12801-1 AND 10035 RESOLUTION N0. 85-180 A RESOLUTION OF THE CITY COUNCIL OF THE GI TY OF RANCHO CUCAMONCA, CALIFORNIA, ORDER LNG THE NORR IN CONNECTION KITH ANNEXATION N0. 1 TO STREET LIGRTINC MAINTENANCE DISTRICT N0. 4 (TERRA YISTA PLANNED COMMUNITY) AND ACCEPTING THE FINAL ENCIN EER'S REPORT FOR TRACT NOS. 12365 AND 12:90-3 1AROUGH 6 RESOLUTION N0. RS-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CXU CUCAMONGA, CALIFORNIA, ORDERING 1}lE NORK IN CONNECTION NITFI ANNEXATION N0. 1 TO LAN OS CA PE MAIN TENANCF. DIS THI CT N0. 4 (TERRA VISTA PLANNED COMMUNITY) AND ACCEPTING 1IlE FINAL EN- GINEER'S REPORT FOR TRACT NOS. 12365 AND 12590-1 THROUGH 6 City Council Minutes June j, 198> Page 11 Ha yor Hikels opened fhe puhl is hearing for Resolution Nos. 85-178 through ej-181. There being no rea pones, Hayor Hi ke is closed the public hearing. NOTION: Roved by King, ee co nded by King to appr we Resolution Nos. 85-178, 85-179, 85-180, 85-181, Notion carried 4-0-1 (Wright nbsent) • + • w + + S. NON-ADVERTISED HEARINGS SA. REVIEW OF PINANC IAL PROGRAM FOR FUNDING OF DAY CREEK AND ORDINANCE IHPLE- (jl) MENTING THE C0[4dUN ITY PACILITIEB TAR RATE - Stem continued from Hay 15, 198] meeting. Statf report by Lloyd Rub be, City Engineer. (0806-00 COM FAC DIS- TRICT) Mayor Mi ke le opened the meeting for public hearing. There betng no response, [he public hearing was closed. City Clerk Auth ale[ read the title of Ordim nce No. 263 ORDINANCE N0. 263 (second reeding) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCRU CUGAMONGA, CALIFORNIA, AUTHORIZING 1IlE LEVY OF A NPECIAL TAA IN A COHNUNITY FACILITIES DISTRICT MOTION: Roved by Dahl, ee co nded by Buquet to waive full reading of Ordinance No. 263. Motion carried 4-0-1 (Nright abee ^t). MOTION: Roved by Dahl, seconded by Buq uct to adopt Ordinance No. 263. Notion carried 4-0-1 (Wright absent). NOTION: Moved by Dahl, seconded by Ni ke le to approve the concept of a bona (j2) Bale through Stoue b Youngberg, and approve two design contracts with Nilldan 6 Aesocia tea (C085-62), and Boyle-Ludwig (C085-63). Mo [ion carried 4-0-1 (Wrighc abeeoU . (0602-01 CONTRACT) ~ + + • ~ ~ SB. ADDITION OP A CRAFTER TO THE flANCHO CUCANONGA NONICI PAL CODE CONCERNING (53) RESIDENTIAL REFUSE COLLECTION -The es[ebl iah ing of criter ie issuing residen- [iel refuse collection pe zm its. Staff report by Robert Rizzo, As aistant to [he City Manager. (1170-04 REFUSE) Mayor Mike la opened the meeting for public hearing. Addressing Council were: Sam Patrick ezpreeeed [ha[ there were eecti one in the California Vehicle Code which regulated heavy vehicles and could oo[ see [he reason for our Ordinance. City Attorney, Jsmee Hackman, responded to his coots zns. There being ao fur th ez rea ponce from the public, Mayor Mike le cl oeed she public hearing. City Clerk Au[hele[ reed Che title of Ordinance No. 265. ORDINANCE N0. 265 (fire[ reading) AN ORDINANCE OF TFIE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CRAFTER 8.17 TO THE RAN CIIO CUCAMONGA MUNICIPAL CODE CONCERNING AES IDEN TIAL REPOSE COL- LECTION City Council Minutes June S, 1985 Page 12 MOTION: Moved by Dahl, seconded by Buquet [o waive full reading of Ordinance No. 265. Motion carried 4-0-1 (Nr fight abe enC). Mayor Ni ke is eat ae cone read- ing for ]une 19, 1985 • + • x ~ 6. CITY MANAGER'S STAFF REPORTS (5+) 6A. ESTABLISBMENT OP VECTOR CONTROL ASSESSMENT DISTRICT - Item continued from Nay 15, 1985 meeting. Staff report by Leur en Mae eexman, City Manager. (1403-11 VECTOR CONTROL) Mr. Mae Berman ate led that re have no[ received a detailed br eakdovn and pol tcy items rhich had been promised. Councilman Huquec ezpr ee eed [hat considerable time had been ape nt on ehrs item, sad he wee concerned because [here seemed [o be a communica [ion br eakdovn. Although Mr. Gomez' meeting rich Vector Control did bring some further coacs sad some recommended al [e motives, he felt [here should be something more tan- gible. Present were Hill Sittoa, President of [he Hoard of Directors of Vector Control Di err is t, and Lyle Stoddameyer, the ner General Nana gar of the Dis- erict. Mr. Stoddameyer stated [hat flies concen[ee to in a radius of about a quar- ter of a mile from the source of [he problem rhich could be chicken ranches, grave, flwer beds, vacant lots, animal droppings, e[t. Getting rid of the problem around [he chicken ranches rou ld not eliminate [he prob- lm of flies. There hoe not 6e en [hat much research eo that one can pinpoint where a fly problem generates. Mayor Ni kale asked hw one would knw Then [he problem has been elimine red. Nr. Stoddameyer responded you you ld knw by the decree ee in complaints. Councilman Buquet asked City Attorney Markman if re could identify car Cain problem ar ees, then rculd re be able to levy an assessment auc6 es a bu eineea license fee, etc. [o offset the cos[. Mr. Markman ree ponded, "yes". Couocilmmn euque[ asked Nr. Stoddameyer it they rould be able to come in, tar- get certain areas, and be able to assist Rancho Cucamonga to identify sour tea of prohleme? Mr. St oddameyez enerered that identifying fly eourcee wee very difficult. Maequitoe Could be done this ray, but it ree no[ possible Co survey Elves in [his manner. Councilmen Ring elated [hat he did not Eeel comfor [able that we have a city-vide problem, Hwever, he felt re should deal with th fie immediately. Ne have heard Chet poultry ranches are one of [he main pr obleme, and that the f lien stay within a quarter of a mile Erom the source. He Eel[ re should ter- gec these areas to see what the res ul to rould be. MOTION; Moved by Ei ng, ee conded by Dahl to ae nd qut reque eta for propose le. Councilmen Buquet rooted staff to target and identify some eourcee of problems, but have [he people pay for [he pzogr am. Mayor Mi ke is suggested [hat Che RFP include 'Sse [h ode of payment". City Nana gar Naeeetman suggested that re could contact Cal Poly; some of the studs me might have come recommends ti one. City Council Minutes June 5, 198 Page 13 Mayor Mikele opened Ghe meeting for public hearing. Addressing Council were: Regina Seivera, 10311 Poplaz, expr ee sad concern Ghat [hie uas exactly what Council did last year, and read eecti ono of last year"s Cicy Council mtn- uces. Richard Feurs[ein, 9$82 Balsa, recommended that Council do something on a short-term ba sie end then proceed with a long-term aiudy of [he problem. Nely in Rornblat[, 10010 Almond, expressed that the City should he e61e to enforce the laws already on the books, and suggested Chat staff find out whaf regula lions [he County has, He concurred wi [h vha[ Council vas doing. Judy Beck, 9785 Ci[rine Lane, President of [he Hermosa PTA, expr eased con- cern about [he eaf sty of the children and vaned to lmw what the PTA could do to help; they vented [o be involved. David Sweeten, 5622 Revere Avenue, suppor led Che motion by Council. Jan Nopki ns, former resident of Chino now residing in Rancho Cucamonga, s [a [ed chat Chino does not have the pz oblem vi th flree that we have here. MOTION: Former motion by Ring, ee conded by Dahl carried 4-0-1 (Wright able ^[). Councilman Huquet felt [he Mayor should write a letter to cur repr esenca rive on the Board of Supervis ore regarding [hie matter. +xv ~x Mayor Mikels called a recess a[ 10:00 p.m. The meeting recowened a[ 10:20 p.m. All memters of Council prase^t except Councilvoman Wri gh [. earexf x • f x • + 6H. _ ins uc vccornmr in ins anuuni ur JO .1)U VVV. Staff report 6y Lauren Wasserman, City Manager. (0203-OS MORTGAGE PIN AN CE PROD) RESOLUTION N0. 85-182 A RESOLUTION OF 173E CITY COUNCIL OF THE CITY OP RAN CRU CUCANONGA, CALIFORNIA, INDICATING ITB INTENT TO PP.OVIDE POR THE ISSUAN CB OF OBLIGATIONS TO PROVIDE ASSISTANCE IN FINANCING AMULTI-FAMILY RENTAL ROUBING PROJECT MOTION: Moved by Dahl, ee conded by euquet [o approve Resolution No. 85-182. Motion carried 4-0-1 (Wright abeeni). • + r x w r 6C, RESOLUTION N0. 85-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MULTI-PAMILY RENTAL HOUS- ING FINANCE MORTGAGE PROGRAM IN COOPERATION WITN THE COUNTY OE' SAN BERNAADINO (55) (56) Council concurred to continue item to June i9, 1985 et the reque et of the ap- plicant. City Council Minutes June 5, 1985 Page 14 x x x x x x (57) 6D, RECOlD•IENDATI ON FROM CITY ATTORNEY REGARDING URGENCY ORDINANCE FOR CONDUCT OF ADULT BUSINESSES. Staff report by James Markman, City Attorvey. (0203-OS ADULT BUSINESS) Mayor Mi ke le opened [he meeting for public hearing. There be rng no response, [he public hearing vas closed. City Clerk Authelet read fhe title of Ordinance No. 266. ORDINANCE N0. 266 AN ORDINANCE OF TBE CITY COUNCIL OF THE CITY OP RANCHO WCAMONGA, CALIFORNIA, ADOPTING AN INTERIM URGENCY 20N ING ORDINANCE PURSUANT TO GOVERN1d+NT CODE SECTION 658)8(a) PER- 1 TAIN ING TO TBE ES TABLISBMENT OF ADULT BUSINESSES MOTION: Moved by Huque t, ae conded by Dahl [o vaive full reading and adopt Or- dinance No. 266. Motion carried 4-0-1 (Wright abee n[) MOTION: Moved by Dahl, seconded by Ring to direct the Notice of Hearing pre- sented by Mr. Markman be mailed and published. Notion carried 4-0-1 (Wright abee ^t). x x x x x x 7. COUNCIL BUSINESS (58) 7A. APPOINTMENTS ON ADVISORY COMMISSION. (0701-01 COlD:IS SIGN/COMMITTEE) Na yor Mi ke is recommended the appointment of James Campbell. MOTION: Moved by Dehl, seconded by Baguet to ratify the appointment of James Campbell to [he Adv ie ory Commission. Notion carried 4-0-1 (Nrigh[ absent). x x x x x x (39) 76, CONSIDERATION OF MATTER TO PILL VACANCIES ON TEE HISTORIC PRESERVATION COlD1I SSION. (0701-01 COlIHISSION/COMMITTEE) Mayor Mikela recommended ll,c ateppointment of Sea Schaff, Eugene Bil lrvge, and Ade Cooper for [he Hie[or is Preee rva[i on Commie ai ov. MOTION: Moved by Ring, seconded Buque[ to approve the reappointment of Sc haEf, Bil li ¢ge, and Cooper for the Bief oric Preeerva ti on Commies inv. Motion carried 4-0-1 (Nrigh[ absent). x x x x x x (60) 7C, ADDED ITEM: CONSIDERATION OF SENDING DELEGATE TO CONFERENCE ON WOMEN. Item presented by Councilman Ring. (0507-03 CONPERENCE /SEN) MOTION: Moved by Ring, ae conded by Dahl to designs to Livia Val lance ae a rep- reaentetive to attend Che Conference on Women and for her [o report beck to the City Council, and euthoz ize an amount not Co exceed 5100.00 Tor [he confer- ence. Motion carried 4-0-1 (Wright absent). x x x x x x City Council Minu[es June 5, 198) Page 15 8. ADJOORNMENT MOTION: Moved by De hl, ee conded by Mike la to adjourn. Motion carried 4-0-1 (Wright abee at). The meeting adjourned at 11:25 p.m. to Thursday, June 13, 1985, 6:30 p.m., Neighborhood Cen[er, Pre-8udgeC meeting. Resye ctf ul ly aubm i[[ed, Beverly A. Authelet Ci [y Clerk Approved July 31, 1985