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HomeMy WebLinkAbout1985/07/03 - Agenda Packetn`C l~ C,~ Via; 7 can' cJl' e- l .~ ~ R.a\C}~O (,~1G1~tONG~1 ~ ~ CITY COL'~iCIL ~ ,~ AGE.~I1~1 1971 Lions Park Communi [y Center 9161 Baee Line Road Rancho Cucamonga, California July 3, 1985 - 7:30 p.m. All items srh~icted Eor the City Coan<il Agenda rut be in writing. The dead- line for sobautting these iteu is 5:00 p.~. on the Yedoesday prior to [he ~e<tiog. The City Cletk"a Office receives all eucb itoa. 1. CALL TO OkDRY A. Pi ed ge of Allegiance [o Flag. • 8. Roll Call: Mright , Buquet _, Ni ke le _, Dahl and Ring C. Approval of Minutes: June 5, 1985 and June 13, 1985 2. AIRIOOIICHIRIIT9/PtESP1/TATI0N5 A. Nedneaday, July 10, 1985, 7:00 p.m. - PLANNING COt01IS- SION, Lions Park Community Ce nc er. B. Thursday, July 18, 1985 - i:30 p,m. - PARR DEVELOPMENT CO[41ISS ION, Lions Park Community Ce n[er. C. HISTORIC PRES ERYATION COMMIBS ION will not 6e meeting during July and Au goat. 3_ COgSggT CALBIDAt The Eolloring Consent Ca leodar i[ns are eryet[ed to be routine sod non-wntroveraial. they rill 6e acted upon by [he Comcil at one time without discruion. A. Alcohol Beverage Application (AB85-12) for off-sale 1 beer b wine, Pe nny'e Pe tale, 8405 Haven Ave., Michael P, end Penelope T. Milon. City Couv<i1 Age cda -2- July 3, 19b5 B. Alcohol Beverage Application (AB 85-13) far on-sale beer 2 6 vine eating place, Cherany's, 9170 Naven Avenue, Mth ony J. and Cheryl A. Piorenza. C. Appr wal of City-Stace Agreement (00054) Supplement No. 3 9 [o seek bids far the Archibald Avenue Trunk Sewer and Str sec Construction of 4th Scree[ to Be se Line Aoad FAU No. 08-5420 RESOLUTION NO. 85-208 7 A RESOLUTION OP THE CITY COUNCIL OP TEE CLTY OF RANCHO CUCAMONGA, CALIFORNIA, AOTHORIZ ING THE ERECUT ION OF LOCAL AGENCY STATE AGREEMENT N0. 08-5420 SOPPLENENT N0. 9 RESOLUTION N0. 85-209 8 A RESOLOTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OF ARCRIBALD AVENUE OVERLAY AND TRUNE SEVER IN SAID CITY AND AOTHORIZING AND DIRECTING TfIE CITY CLERE TO ADVERTISE TO RE- CEIVE FOR BIDS • D. Appr wal to rener maintenance contracts for: 12 Yarkvay and Irrigation Maintenance rith SCLM Co. (C084-34) rith *3X adjuatment~ Street Sveeping with R.F. Dickson (C084-40) vi [h +4X adjustment Concrete Repair vi[h J.H. Concrete (0084-08) vith USX adj us[ment Supplementary aad Emergency Repe ire vi[h Laird Con- struction (0084-41) vith +2X adjua tmen[ for labor only Md [v soli<i[ bide fot Street Tree Nain[enance Con- tract. E. Accept the Beryl-Nel linen Storm Draio (23-4637-8069) Im- 39 pr w emente, author ire [he Ci [y Engineer Co file a No- tice of Completion, releeee performance bond ($898,904.$0) and recen[ion ($44,945.23), and authorize final payment. City Council Agenda -3- July 3, 1985 RESOLUTION N0. 85-210 A RESOLUTION OF THE CITY COUNCIL OF TBE CITY OP RANCHO COCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC INPROVENENTS POR BERYL-HELLMAN STORK DRAIN AND ADTHORI2ING THE FILING OF A NOTICE OF CONPLETION £OR THE NORR F. Accept Impr ovemen[s from Ramona Avenue from Rase Line North [o [he Pacific Electric Railzoad (11-4637-6102), release performance bond ($75,741.93) and re[enti on ($9,137.64), and authorize final payment. RESOLUTION N0. 85-211 A RESOLUTION OF TBE CITY COONCIL OF TBE CITY OP RAIV CBO COCANONGA, CALIFORNIA, ACCEPTING THE POBLIC IMPROVEIOiNTS POR RAMOPA AMEN-E FRON BASE LINE NORTR TO THE PACIFIC ELECTRIC RAILROAD ARD AOTHORI2ING THE FILING OF A NO- TICE OF COMPLETION FOR THE NORR G. Accept Real Property Impr wement Con[rac[ end Lien Agreement for Parcel Map 8815 located vas. of Beryl and e ouch of 19th Street submitted by Houtz A Bon. • RESOLUTION N0. 85-212 A RESOLUTION OF TBE CITY COUNCIL OP THE CITY OF RANCIiO COCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY INPROVEMENT CONTRACT AND LIEN AGREEMENT FRON ROUTZ d SONS FOR PARCEL NAP 8815 AND AUTNORIZ ING TIIE MAYOR AND CITY CLERK TO SIGN 17IE SAME H. Approval of Bonds, Agreement, and Final Hap of Tract Na. 12830 located on the vest aide of Beryl Street, south of 19th Street submitted by Citation Homes. RESOLUTION N0. 85-213 A RESOLUTION OF THE CITY CODNCIL OF THE CtTY OP RANCHO CDCAMONGA, CALIFORNIA, APPROVING INPROVEMENT AGREFNENT, IMPROVEMENT SECll RITY, AND PINAL MAP OF TRACT NO 12 R30 I. Approval of Pr of eeaionel Services Agreement (C085-087) vi[h C.P.S. Consul [ing Civil Engi nears fo perform plane, specifics ti one, and estimates for Lemon Avenue Reconetruccion from Archibald [o Hetmase vith design Eor box culvert cr oeeing a[ the A1[e Loma Channel. Amount no[ [o exceed 534,200.00 to 6e paid from Ar tic Le 8 SB-725 funds. 41 42 44 45 51 52 59 60 Ci [y Council Agenda -4- Su1y 3, 1985 • J. RELEASE OF BONDS: Tract No. 10046 located north of Hil leide Road he[veen 80 Ar chibeld Avenue and Hesmoea Avenue and Tract No. 10047 located south of Ril h ids Road between Archibald Avenue and Hermosa Avenue euhm i[ted by The Mden Group. Faithful Performance Bond 5733,000.00 Labor 6 Material Bond $366,500.00 Tract Noe 12737. 12337-1. 12237-Z located east of Hermosa Avenue northerly of Hillside Roed submitted by Dick Sco tf, Inc, Fai thEul Performance Bond 5392,000.00 Labor 6 Natecial Bond 5196,000.00 Trace No 9441 and 11609 located south of 4/i leon Avenue be tveen Archihald Avenue and Rermoea Avenue submitted by Crisman Development Corpoiati on. Faithful Performance Bond 5650,600.00 tabor 6 Material Bond $325,000.00 Parcel Mao 7731 located an the west aide of Baven Ave- nue be treen 6th and 7th Scree[ aubm i[ted by Sas[a Mita • Development. Monuments [i on Bond S 1,500.00 K. Approval to forward Claim for Equitable Indemnity by 81 Southern California Edison Company (CL85-016) relating co Claim by James Farrar (CL84-030) to Carl Warren Com- pany for handling. L, Set public hearing for July 17, 1985 - Appeal of Tree Removal Pe rmrt 85-25. M appeal bq the applicant of the Planning Diviai on'e denial of Tree Removal Permit 85-25 for Tract 10277-2 and 10277 - Ki nge Rancho Ee Cates (Barmaki ao). M. Set public hearing for July I7, 1985 - Tanta Give Tract 12532 -Archibald Ae satiates. Appeal by applicant of Planning Co®ieeion'e condition of approval for Design Rev iev for Tents [ive Tract 12532, a reappl icetion for design rev iev of mimoz architectural changes to [he ap- proved elevations asd adding one nev elevation for 102 zero lot line and 9 single fem sly Iota on 14.5 acres of tend in [he Lw Medium (4-8 du /ac) Die tr ict, located at Monte Vista Street, he [wean Archibald Avenue and Ramona Avenue - APN 202-181-05, 06, 1S, 16. City Council Agenda -5- July 3, 1985 • N. Set public hearing for Mgue[ 7, oilman Dahl of the Planving 1985 - Appeal by Co un- 91 Depe r[ment's decision approving a Tree Removal Permert No. 85-20 to remove four eucalyptus trees in [he Pacer Homes Tr at[ No. 12522 located on the nor ch aide of the Southern Pacific Railroad 6e [wean Archibald and R amon. C. Approval of [he Law Enf otcement Service Contract for 92 fiscal year 1985-86 with the County of San Bernardino. 4. ADVE[7ISED PDlLIC ~AtllGe A. APPEAL OF TBE ADJACENT PROPERTY ONNERS ON TAOROUGRBRED 102 BTREET OP THE PLANNING CONNISS ION'S DECISION APPROVING TENTATIVE TRACT 10349 - PLAZA eOILDERS. A total resi- dential development on 33.2 net acres of land in the Very Law Reaidenti el Di s[r ict (1-2 du/ac), located west of Sapphire Street, south of Jenne[ S[r ee[ - APN 1043-121-3, 1062-161-1 and 1062-011-3. Item continued from Hay 1, 1985. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 85-06 - CITY OF RANCHO COCAMONCA. M amend- ment to the Development Districts Map from Lw-Hedium Reside n[i al (4-8 du/ac) and Low Re si dev[i al (2-4 du/ac) • [o Very Low Re eidenti al (lees than 2 du/ac) on 20.2 acres of land located on the south aide of Wilson, be- tween Raven and Mayberry, and Co include Chose percale fronting on the we of aide of Mayberry - APN 201-181-7-30, 59-60, 80-85. ORDINANCE N0. 267 (second readi vg) 113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, REZONING AS- SESSOR'S PARCEL NUMBER 201-181-7-10, 59-60, AND 80-85, LOCATED ON THE SOUTH SIDE OF WIL- SON, BETNE@7 HAVEN AND NAYBERRY AND INCLUDING TIiOSE PARCELS PRONTINC ON TEE WEST SIDE OF NAYHEHHY FROM LOW MEDIUM RESIDENTIAL (4-8 DO /AC) ARD LOW RESIDENTIAL (2-4 DU/AC) TO VERY LON RESIDENTIAL (LESS TRAM 2 DU/AC) C, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT A5-02 - ROOYMAN. A Development Diatrtct Amendment Erom Medium Residential (8-14 du/ac) to Low Medium Residential (4-8 du/ac) £oz 9.75 acres of land located e[ [he noztheae[ corner of Archibald Avenue end Righland Avenue - APN 201-252-23, 25, 26. Ci[y Council Agenda -5- July 3, 1985 ORDINANCE N0. 268 (second reading) 114 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONCA, CALIFORNIA, RE20N ING AS- SESSOR'S PARCEL NUMBER 201-252-23, 25, 26 LO- CATED ON THE NORTHEAST CORNER OF ARCR IBALD AVENUE AND HIGHLAND AVENUE FROM MEDIDM RESI- DENTIAL ( &14 DU /AC) TO LOW MEDIUM RESIDEN- TIAL (4-8 DU/AC) D. INTERIM 20NING ORDINANCE PERTAINING TO THE ESTABLISH- 115 MENT OF ADULT BUSINESSES. E. ORDERING THE MORE IN CONNECTION WITH ANNEEATION N0. 9 120 FOR TRACT NOS 12588 AND 12028 THROUGH 12031 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2. RESOLUTION N0. 85-214 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WO RR IN CONNECTION KITH ANNERATION N0. 9 TO STREET LIGHTIHG MAINTENANCE DISTRICT N0. 2 AND ACCEPTING THE ENGINEER'S REPORT FAR TRACT NOS. 12588 AND 12028 TNROUGB 12031 F. ORDERING THE NORR IN CONNECTION WITH ANNE7GITION N0. 11 128 . FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1. RESOLUTION N0. 85-215 130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNERATION N0. 11 TO STREET LIC RTING MAINTENANCE DI5 TRICT N0. 1 AND ACCEPTING 1HE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 THROUGH 11031 G. ORDERING THE WORE IN CONNECTION WITR ANNERATION N0. 24 138 FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 TO LAND- SCAPE MAINTENANCE DISTRICT N0. 1. RESOLUTION N0, 85-216 140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCNO CllCAMONGA, CALIFORNIA, ORDERING THE WORR IN CONNECTION WITH ANNEEAT ION N0. 24 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND AC- CEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 City Council Agenda -7- Jury 3, 1985 s. sae-eDVnTISaD eaeelecs No items wbmi[ted. 6. CITT MIeA,G6e'S STA1- e6YOeTS A. STATUS REPORT ON APARTMENT DEVELOPMENT. The City Coun- lqJ cil will rev iev existing and pr opoeed apartment proj ecte in [he ves[ern portion of the City in order [o discuss future direction relative co apartment develop- ment. B. ADVISORY COIMISSION'S BECOIDIENDATIONS EEGARDING CAM- 154 YAIGN PINANCING FOR CITY ELECTIONS. Item continued from June 19, 1985 meeting. 7. COa11CI1 eeSIeeSS 8. A0./00ele~T • tOPY__....,.....~ ~N.,.~.~...N.~_~.....~....~:..~. AIMEC~l10N IW AICOMWt WfLG SICMYIf1 ~ l rYrE$: JF pCENSFS~ FllE NO ro. wpanm ar Aimnal,. fnraropa <ennm '. '- r -,- -` -~- • IPoI bootlrvY Sanm:mw. CpE1. aSA1~ ,mmm....m.a._..n., IAe andnynd RwabY WFEae far &wra daea~Md _ Ialaaar ifs $ale 39e^ i nine O~RAMIG~ r~'- I.rVy ]. NAMf(Sl W ARNKANTIS) , irmp. Mmn _ I AppliaA wMx La. ]eWa HIM{_ Dale: ' Fbn,.e Oma ]'{n', __ Y _.', p trffSl Of iNANSACtION(SI _ fEETaE s .-_ A. Naw a N~:iw penny's ~e!als 3. lgalian M Ynmm-N:1mMr ad sp«f ' -"~. dn;5 pnven Ave car e:re rp cea. caamy s rOUE 6. If Mmnn 4u_N. I, An hemnn lm,0a SAnr tYW of F,wmr C,ry lim,ry? yg5 t. Mglnq AdGau (1 tliRannl Iran sl-Nambar aM Snau .-r r...l 0. Nma yeu arar been <on.,Md of a Iebn11 10, Nm. yw e.q nabNd anY el Mr ga.~up_ pl ba AI<eMoF< Eaurope ConFOI A<r pulanan. al Mr Dnpa.fmaN M^ y C.% e:nnq m me AnT ~~ 1I, Eaplan a'9E5° emrur u ,Nmf o a. 10 on .n anodmml .M1',.n mall M aaamad pmn el rbn appL<anan. • It Appl' om npr.n le) lror any mannou .mpbryd m en. 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LGr; fw U.p'Inr.r Ur Olllp • . ............... . ... ............z STAFF REPORT DATE: July 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer L~/ 9 ^y~ ~ j I: ~. 19ST ' ~ SUBJECT: Approval of City-State Supplemental Agreement No. 9 and approval to seek bids for the Archibald Avenue Trunk Sewer and Street Construction, 4th Street to Base Line Road FAU No. 08-SBd-R000 M-R078(1) s Attached for Council approval are resolutions authorizing bidding of the subject project and authorizing the Mayor and City Clerk to execute City-State Supplemental Agreement No. 9. It should be noted that final authorization has not yet been received from CalTr ans to bid the project and the attached Supplemental Agreement is only a facsimile ~f the actual agreement which has not yet been received. Final bidding and agreement execution will not be completed until final documentation has been received from CalTrans. In order to avoid any possible delays, we wished to obtain Council authorization to proceed as soon as possible. Ne expect the final documentation shortly after the July 3, 1985 meeting. RECOMIENOATION It is recommended that Council approve the resolutions authorizing bidding of the Archibald Avenue Street Construction and Trunk Sewer line from 4th Street to Base line Road on the date determined by the City Engineer and authorizing the Mayor and Cfty Clerk to execute the City-State Supplemental Agreement No. 9. Res ectfully subpm~tted, ~ ~~~ LBH 'aa Attachments J :~• • City of Lcrd Agc), Rancho Cuc amo naa Supplement Vo. 9 To Local Agencc-State Agreement Xo. 08-3420 Project SD. M-R078~_ - F A C S I M I L E- PROGR~aI OF LOC:1L AGEXCI' FEDER4L-aID CRBaN SS'STE)I PROJECTS I\ THE CITY OF~NCH~C[isrA[.IQ:iGA Loral Acrnry l J Pursu;mt to the Federal-Aid for Crhan Systems Acts, the attached "Program" of Federal-Aid Crban Scstem Projects nr.ukrd "Exhibit B" is hrreb}' incorporated in drat \laster agreement for the Federal-aid Program .ehirh +r~as entered into behr~een the above named LOCAL aCEXCI- and the STATE nn ~ ,and is subject to all of the teens and conditlons thereof. The sub~rct progrmn is adopted m accord.mce with Paragraph 2 of Article II of the aforemen- tioned acreement under authorih' of City. (kltttt%s' Resolution \o. appro+'ed by the Cih~ ('nuncilr'lT3Cifc3RKX1Y{$IYadXY-COn (See copy attached). CITY OF RANCHO CUCAb10NGA Laa7 A~crcy Bc . ayor C I Appro+ed (or State Dnmu Uerrmr o on~xmonrm Dittric( _0.8 ___ Dr. partment nt Tran+portaturn Daee ou... ane Att~sr City Clerk I hereby Czrt Jy anon for Ines encumbrance. my own pzrsonal knovA gage Ihal budgeteG IuMS are availablz Account in9 Olhcer 5 Gnap ter Slatul ~ICm Fiscal Vear Prngran NSU Cal egory fund Source f m W p C0 U ry C U aU U G d c~ G m J F W ~ o ~ ~ H ~ C > f (n W L V {~ O Z ¢ a N C a c. O G c C m 6 m .i a h v c' L i ~ m v..y ~ 3 _ U '~ U N C u ~ o n o u T 4 aV+ ~ N b G V 2' J ~ ~ ~ C W ~ N C ~ C W C N O '1 C y ~ U 7 m u n q y N L n a+ C n y O U m ~ 'p .+ ~ b C r ai N y H w' , .I O ~ o rn o C ~ O rn ti V c ~ O N N c a v C N O K C N N N N ~.~ w T > y! 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' ro ro .N C C a o ~ o C E C 0 1~ E ~ v ro N ?i N U 0 d aN ow N N •H r7 ro a vro m u > o y °a NO C~/ ro M ~ N m a- ec m ~, aN v .~ ro w G s Hro M 0 O~ C Q C > a~ b 0 L .~ ro b r-1 E C N N w ro ECG C O ~ U 3 y v Ern>. ul m .C .H Q U 7 C! b+ a+ s+ C m U m O ~vU Q~ E ~a w a m u.~ u ro~.~o.1 rna 7 fr roNm ON U a W ro C b 0 E v ° ~°a ow c u v N U .C ~L C .~ ~.~ rn L~ ~ N V b H ro W a~ Oro N CM / W U 0~•.1 w o~ y N C E v 0 N N N 4 ti N rj ~ ro W i y ~.1 U U NH ~a ro E v c v ~~ m u 3~tiG~-I xroH "tiN voro v >. F G N C C C G UI H N A M b H: W N M C RESOLUTION ND. , • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF LOCAL AGECY STATE AGREEMENT N0. 08-5420, SUPPLEMENT N0. 9 WHEREAS, the City of Rancho Cucamonga wishes to take advantage of additional State funding for their reconstruction of Archibald Avenue: and WHEREAS, said funding requires the execution of Local Agency State Agreement No. 08-5420, Supplement No. 9 by an authorized agent. NOW, THEREFORE, BE IT RESOLVED, that the City Councii of the City of Rancho Cucamonga approves the execution of Local Agency State Agreement No. OB-5420, Program Supplement 80. 9 and authorizes and directs the Mayor and City Clerk to execute said agreement on its behalf and transmit to the State for processing. PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985. RYES: NOES: • ABSENT: on Mi a s, , ayor ATTEST: Bever y A. Authe et, City er [, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted 6y the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 3rd day of July, 1985. Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. Bever y A. Authe et, City erk ,jaa i> • RESOLUTION N0. A RESOLUTION OF 7HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SP EC If ICATIONS FOR THE "CONSTRUCTION OF ARCH IBALO AVENUE OVERLAY AND TRUNK SEWER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and spc if ications presented 6y the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Construction of Arch i6ald Avenue Overlay and Trunk Sewer". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING, SERLED BIOS OR PROPOSALS" • Pursuant to z Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of Lhe City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of Z:00 o'clock P.M. on the day of 19 sealed bids or proposals for the "Construction of Archibald Avenue Overlay and Trunk Sewer" in said City. Bids will 6e opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Rid for Construction of Archibald Avenue Overlay and Trunk Sewer. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less Lhan the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prev ail ina rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. • The Contractor shalt forfeit, as pen salty to the City of Rancho Cucamonga, twenty-five dollare ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or meth ar~ic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1177.5 and 1717.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeab le occupation to apply to the joint apprenticeship committee nearest the site of the public works project and. which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: • A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor proof des evidence that he employs registered appent ices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1717.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and • other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or • from the Oiv is ion of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and anv subcontractor under him shall comp .y with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work here inbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1713.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10°:) of the amo +nt of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, • cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall 6e applied 6y the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100:1) of the contract price thereof, and an additional band in an amount equal to fifty percent (50X) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contrctor will also 6e required to furnish a certificate that he carries compensation insurance covering his emp ioyees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor who is not licensed in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Rancho Cucamonga. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of ~~ the plans and specifications will be furnished upon aRPlicat ion to the City of Rancho Cucamonga and payment of 515.00, said $15.00 is nonrefundable. • Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is a¢ompanied by payment stipulated above, together with an additional nanreimbursab le payment of $ to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in iieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 19_ PASSED ANO ADOPTED by the Council of the City of Rancho Cucamonga, California, this _ day of 19_ • ATTEST: City Clerk ICJ n rmv~ nc o n w•n rrn nrn • w•n w r~ U • ____ __ _____. ____ _____.._.... ___ ~~i-_y ~l~ STAFF REPORT ;.~°~''-'~~` ~/ ~ ~. z; ~~~:i DATE: July 3, 1985 °~ iii: T0: City Council and City Manager ~9'; FROM: Lloyd B. Hubbs, City Engineer BY: Dave Leonard, Maintenance Superintendent SUBJECT: Annual Maintenance Contracts The annual maintenance contracts can be renewed for an additional twelve months at a rate not to exceed SO%. The following requests have been made by the current contractors (see attached letters). CONTRACT COMPANY CONTRACT ADJUSTMENT Parkway & Irrigation SCLM Co., La Verne +3% Street Sweeping R.F. Dickson, Downey +4% Concrete Repair J.H. Concrete, R.C. +5X Annual Supplementary & Emergency Contract Laird Const., Montclair +p% (labor On1 y) Street Tree Maintenance United Pacif it *Will not renew without +10X adjustment. RECOMMENDATION: Based on the current Consumer Price Index and the satisfactory performance of the contractors, it is recommended that Council authorize renewal of the above contracts for an additional twelve month period commencing July 1, 1985 and expiring June 30, 1986. Additionally it is recommended that Council authorize the solicitation of bids of the Street Tree Maintenance Contract. Respectfully submitted, ~' L :DL:bc Attachments i' ~~~..u,. cn aoaaea Landscape Contractors ~~ 1343 C ST°cIT. Li. ~.'E°.AE CALIFC°'.iA C1750 ~?~ ~~c3 ..r.~~,~. ~~~: :day 22, 1935 City of Rancho Cucamonga Mr. Dave Leonard P. 0. Box 80~ Ran c:^.o Cucamonga, Ca. 91~j0 Dear Dave: As provided for in our current contract, the percent of increase we would request for renewal is 3~. This would make the monthly cost per square `oot .0109• As we discussed, there will be turf areas added to the contract. The cost for mair.t enance of turf is slightly higher than ground cover. 7Je would request a rate of .0125 per square foot per month for any turf areas that are added. If you have any questions please feel free to call. Sincerely, \ Y-~"" Thomas A. Hanson President SCLM Go., Inc. TAH/prh ccc_v tf~i. .``.' ' ,- s I~.~"kkfi\_. G Z ~(C x 19'' May 28, 1985 CITY OF RANCHO CUCANIONGA u.~.JOn D. aiikds r....am..r„.. Charles J, Nuquc~Il Ja ffre~ fiinG NieharJ )I. flu hl I'nmeLi J. R nGhi SCLM Co., Inc. 1843 "C" Street La Verne, California 91750 Dear Tom: This is to confirm our conversation and your letter received May 22, 1985. The annual Citywide Parkway and Irr in ation Maintenance contract may be renewed at the rate of .01090 per s.: •: are font per month. This represents a 3X increase from last years rate of 0.102Q. Additionally, turf, not covered under the contract, may be added at the rate of ,01250 per square foot per month. Work covered shali he as follows: 1. Mowing & edging 4S times per year (once a week, March thru November; biweekly, Oc to her thru February) 2. Irrigation repair as per contract document. 3. Litter control as per contract document. 4. Fertilization with balanced material 16-8-3 with sulphur and iron on a quarterly bases. 5. As needed weed, pest and fungus control. 6. Special operations such as de latching, ov erseeding, etc., will require separate cost proposal before 'work is performed. Mowing frequency can be adjusted up or down at the rate of .00334 per square foot per cycle. Yearly cost per square foot for the above mentioned items shall be: 1• Landscape Maintenance 130 per square foot 2. Turf Maintenance 150 per square foot Should you have any questions, please fees free to contact me at 989-1851. Cordially, COMMUNITY DEVEL OPI.IENT DEPARTMENT ENC(G~'INEERING DIM SIGN Dave Leonard Maintenance Superintendent J ~ ~I • • u OL:bc 9770 OA5ELINE ROAD, SUITEC POST OFFICE BO%807 ft,\NC110 CL'CA\10\C.A. CALIFOftYIA 91770 (7191 9 8 9-19 91 CONTRACT PROPOSAL • For the City of Rancho Cucamonga, project entitled "Citywide Parkway and Irrigation Maintenance", contractor shall furnish landsczpe and irrigation maintenance. The undersigned bidder further declares that he has carefully examined the location of the proposed work, that he has examined the special provisions and specifications, and read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all the work required to compelte the said work in accordance with the Special Provisions and Specifications, in the time and manner therein prescribed for the lump sum and unit cost amounts set forth in the schedule on the following Proposal. Beginning Monthly Monthly Yearly Cost Oescripti on Approx. Onit Unit Cost (Monthly X 12) Quantity fnst Contract Amount Continuous Parkway Maint. 1,105,360 S.F. .0109 $12,046.42 $144,581.04 as Per Contract Specifications • Future Turf Area Maint. S.F. .0125 Date: nay 22, 1985 Bidder: SCtM [o., IN[ Tom C J ~^ SUPPLEMENT EXTRA WORK SCHEDULE: ITEM DESCRIPTION H URLY LABOR COST INCL UOING OVERHEAD UNI LRB R C ST INCLUDING OVERHEAD A Irrigation Repair and Installation 513.13 ----------------- B Controller Repair and Installation $13.13 ------------------ C P ant 15 ga tree & stake --------------------- 26.01 D Plant 5 gal shrub --------------------- g. 75 E Plant 1 gal shrub --------------------- 4.64 F P ant 1 flat Groundcover --------------------- 6.18 HOURLY LABOR RATE: ITEM CLASSIFICP.T N HOURLY RA NOT NCLUD NG OVERHEAD A General Laborer 5.18 B Irrigation Insta ler 9.27 C Licensed Chemical Applicator 3. 3 Date: May 22, 1985 Bidder: SCLM CO. INC. By: om Hanson • /~ • PARKWAY ANO IRRIGATION MAINTENANCE AGREEMENT THIS RGREEMENT, made and entered into this day of 1985, by and between the CITY OF RANCHO CUCAMONGA hereinafter called "City" and SCLM CO.. INC. hereinafter called "Contractor". SECTION 1: The Contractor, in consideration of the promises of the City, hereby agrees to furnish all tools, equipment, labor and materials necessary to perform and complete, in a good and workmanlike manner, the landscape maintenance in strict accordance with Specifications entitled "Citywide Parkway and Irrigation Maintenance" of the City of Rancho Cucamonga and in accordance with the Contractor are hereby made a part of Lhis Contract. SECTION 2: The City, in consideration of the performance of this contract, agrees to pay the Contractor and the Contractor agrees to accept in full satisf ation the sum of Dollars ($ ) per month for the initial beginning quantity of the contract. Parkway additions during the course of the contract shall be billed at the monthly unit cost of $.0109 per square foot for ground cover areas and $ .0125 for turf areas of• r the balance of the contract. Duration of the contract shall be 12 months beginning July 1, 1985 and terminating June 30, 1986. SECTION 3: As provided for in Section A6q of the special provisions, the • City shall have the right during the term of this agreement to review with the Contractor the work which he has performed. If, in the opinion of the City Engineer, the landscape maintenance has not been performed in a satisfactory manner, the City may, upon fifteen (15) days notice in writing to the contractor, cancel this contract. In the event of cancellation, monies due the contractor or retained under the terms of the contract, shall be forfeited to Lhe City, not to exceed the amount necessary to correct deficiencies in the landscape maintenance. SECTION 4: The Contractor shall commence work under this agreement on July 1, 1985. IN WITNESS WHEREOF, the parties hereto have executed this cntract as of the date hereinabove specified. CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: City erk CONTRACTOR ~~ ni~u4~~ • CI ~Y R. F.OkkwnCo Inc. Contract Sweeping 14526 CIaM Avenue Sweeper Saba Downey CA 80462 _ Seance enO Peru d+aN 2, 14&5 X17. Dave Leonard Ma-urotenance Supenind¢ndent C.i,ty o6 Rancho Cucamonga 9320 Bas eP.,ine Road, Su.i,te C Rancho Cucamonga, Ca 91730 Deat Dave, In accortdance with Dort contnaet We wouCd CChe"to cowt.Onue 6elrv.ing .the C.i.ty ob Rancho Cucamonga. We wouQd Z,i.he to rtespect6u.Zfy nequea.t a 4$ .increase IC.P.1.1 $o.t ,the coming yeah .to o56set Dun .inere~eed cas.ta. 14 we can 6e o6 6un,ther heCp, p2eaee do not hea.i,tate to ca.C2. S.iiue.te.0y, R. F. DTCKSUN CU., INC. ... DonaQd L. D.ichaon ' , ' Prten.Ldeltt DL^/Jb j •i~'. 2139415x11 ' + 213T1tB53 ~ Y +i ~' 711/5421850 ,I{ ~ ~` CITY STREET SWEEPING SERVTCE AGREEMENT • This Agrr_ement, made and entered into this _ day of 1985, by and between the City of Rancho Cucamonga, (hereinafter called "CITY") and R. F. OI CKSON CO., INC. (hereinafter called "CONTRACTOR"). SECTION 1: The Contractor, in consideration of the promise of the City to pay, hereby agrees to furnish all equipment, labor and materials necessary to perform and complete in a good workmanlike manner, the sweeping of designated paved curbed public streets within the corporate limits of the City in strick accordance with specifications, provisions and exhibits entitled "City Street Sweeping Service". SECTION 2: The City, in consideration of the performance of this contract, agrees to pay the contractor on a monthly basis for work completed as per contract proposal for a period of twelve (12) months beginning July 1, 1985 and ending June 30, 1986. SECTION 3: Rs provided for in the specifications, the City shall have the • right during the term of this agreement to review with the Contractor the work which he has performed. If, in the op inin of the City Engineer, the street sweeping has not been performed in a satisfactory manner, the City may, upon three (3) days notice in writing to the contractor, cancel this contract. In the event of cancellation, monies due the contractor or retained under the terms of the contract, shall be forfeited to the City, not to exceed the amount necessary to correct def iciencf es in the street sweeping. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date hereinabove specified. CITY OF RANCHO CUCAMONGA BY: t4 ayor A?TEST: ty C erk CONTRACTOR BY 1 J H CONCRETE Lro. 8385308 June 11, 1985 City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Re:City Maintenance Contract Oear Sirs: We hereby submit this letter to affirm our interest in renewing our City Maintenance Contract. Please 6e advised of an increase of 5% to our 1984 contract amounts. Sin///cer/el/y j~~~,1 Joo hn H. Haugland Owner JHH:dih . ~ .,. -, J'I ~v ~_ 10098 8TH STREET, SUITE C • RANCHO CUCAMONGA, CA 91730 • (714) 980-5103 conTRncr PROPOSnL Concrete Repair 1C THE CITY COUP\'C 1L OF THE CITY OF RANCHO CUCANONGA: 1985-86 • Tne undersigned bidder declares to at he has carefully examined the nature of the prcposzd work, that he has examined the special provisions and specifications, and reatl :nz accompanying instruction to bidders, and h==-re by proposes and agrees, if this p~cposal is accepted, to urnish all material and do all the work reGUired to complete rz said work in accordance wi*.h the Sp zc ial r"r ov is ions and Specifications, in the time ^~ manner prescribed for the unit cost set forth in the schedule on the following pr posal. ITEM I CURB AND GUTTER ii Ei+~ I TYPE CIiY PRICE PER LINEAR FOOT STD 8" Curb Only 301 0-50 51-1"u0 101-150 Totai 151+ Remove Across `existing 8.09 7.51 6 93 6 65 . . ~ onsiruct New 8.09 7•S1 6.93 6.93 Oid Down <Ga~ 16.18 15.02 13,86 13.58 58.64 8" Curb Face w/1d" Gutter 302 0-50 51 -1 G0 101-150 151+ Total Across Remove Existing 9.24 9.24 6.93 6.93 Co nS eruct New 11.55 10.97 8.09 8.09 Tnta Down (Gey~ 20.79 20.21 15.02 15.02 71.04 " Curo ace w/24" Gutter 303 0-50 51-100 101-150 157+ Across Remove Existing 9.29 9.29 8.35 8.35 Construct New II.55 II.03 9.24 9.24 Tota Down (Gc~ 20.84 20.32 17.59 17.59 76.34 i Curs race w/24" Gutter 0-70 51-lOC 101-150 151+ ro Ac ss Remnve Existing 10.40 10.40 7,51 7,51 ~ Construct New 12.71 12.71 9.82 9.53 ~ ota Down (emu 23,10 23.10 17.33 17.04 80.57 i ITEM I TOTAL DOMN (~ 286.59 C-1 i~ 9 • ITEM II DRIVE APPROACH* iI i'u4 ;I ~ iYPE CITY PRI CE ?ER S~L'ARE FOOT STD e A Residential ~ Approach 0-350 351-700 701-1000 1001+ Total Across Remove ~ Existing 1.73 1.73 I 1.45 1.45 \ L Construct New / 2.49 2.49 ! 2.36 I 2.31 Down (Gem i 4.22 4,22 3.81 I 3.76 16.01 Commercta / Industrial 306 ~ 0-350 351-700 701-1000 1001+ Total Across Remove Existing 2.31 2.20 2.09 I.I6 Construct New 4.62 4.04 i 3.47 I 2.89 Dial Oown (~ ~ 6.93 6.24 5.56 4.05 22.78 C A71ey Approach i 0-350 351-700 I 701-1000 ' 1001+ Total Across ' Remove ~ Existing 2.31 2.20 2.09 1.16 2 Construct New ~ 4,62 4.04 3.47 2.89 ~ Down ( a ~ 6.93 6.24 5.56 4.05 22.78 ITEM II TOTAL DONN (Cwt 61.57 rrtce to include returns & wings, sidewalk to be completed per Item IV D-2 ~; n ,~ I'EM I[I SPANDREL AND CRDSS GUTTER Ii E,M III TYP"t CI Y PRIC PER SQUARE FDDT STD ~ A 0-150 151-300 301-500 501+ po ~ Gutter c ass Remove j, j Existing 2.42 2.31 1.68 1.37 r i ConStruct ~ 26 3 26 3 15 3 2 63 / I New . . . . ~ otal Down Ral 5.68 I 5.57 I 4.83 4.ao 2o.a8 B i Spandre, 10-150 151-300 301-500 501+ oral I Across Remove I ! Existing 5.25 4.99 4.73 4.46 Can sir uct New ~ 7.61 I 6.3o 6.3o 6.04 Tota j Down ~~ I 12.86 11.29 11.03 10.50 45.68 IItM I11 IUTAL UUMry (~W~' 65.76 • C-3 • '7 ITEM IV SI DEMALK, SIDEIVALK RAMP AND SI DEMALK TRANSITIONS SIDEWALKS ITEM a TYPE CIiY PRICE PER SgUA E FOOT IV STD ? A "Depth Sidewalk t p-150 151-500 501-1000 7001+ Total Ac ross Exmst9n 1.96 I.85 1.16 ~! ~~ ~ .99 g l l V ~ Construct ~ New I ,I 2.31 2.20 2.00 1.73 ~; i~~%~' ~ Tota Down b~+t 4.27 4.05 3.16 2.72 14.20 8 6" Depth & 0-150 151-500 501-1000 1001+ I Total Sidewalk 307 Across Remove Existing 2.31 2.20 I.50 1.16 Construct 12 00 3 2 89 2 31 New 3. . . . ota Down (~ 5.43 5.20 4.39 3.47 18.49 C B" Depth 0-150 151-500 501-1000 1001+ Tota Sidewalk 306 Across Remove I Existing 2.66 2.54 1.85 I.SO i Construct ' New 3.58 3.58 347 2.89 ~ ota Dawn IG.uP 6.24 6.12 9.32 4.39 22.07 D AL TOTAL OONN (~ 54.76 C-4 r~i SIDEWALK RAMP ITEM TYPE CITY PRICE PER SQUARE FGGT IV I STD B . D Ramp 0-150 151-350 351-500 501+ ~A~ross ' Remove // i Existing 9.24 9.07 8.83 8.09 Construct New 6.24 6.24 5.78 4.62 / ' ota Oown l ar 15.48 S I 15.31 I E"A K P 14.61 TOT L DOW 12.71 58.11 D n L RNM A N ~~ 58.11 SIDEWALK TRANSITION 'ITEM r! TYPE CITY RICE PER SQUARE F00T IV I STD A E Transition Total 0-150 151-350 351-500 501+ gcross Remove g•96 7 22 6 65 49 5 Existing . . . onstruct New 5,20 4.90 2.59 2.02 j ~ ota Oown 14.16 I2.I2 9.24 7.51 43.03 SIDEWALK TRANSITION TOTAL DOWN ~~ 43.03 SUMMATION OF SIDEWALK ITEMS ~' ~' S DE'WALK DTAL ~' 54.76 R MP OTAL ~~ 58.11 TRAN 51 ON 0 AL lQ 43.03 I M V O 0 WN ~ 155.90 C-5 • ~~ ITF11 V P.C.C. DEFLECTOR CURB I E.N = TYPE CITY PRICE PER LiNE~R FWT !V STD e A 6" Runcfi XX io tal Deflector 0-30 ~ 31 -i00 101-200 201+ Across Construct i New 11.55 9.53 ~ 9.24 6.93 37.25 " Over, ow* YY Deflector 0-30 j 31-100 1 101-200 I 201+ Construct New Il•55 11.27 9.z4 8.09 40.15 ITEN V TOTAL DONN < <u 77.40 *P.C.C. Apron wilt be considered same as 4" P.C.C, Sidewalk far Payment Purposes C-6 ~C CONTRACT PROPOSAL COST SDMMATION • Ac c~mulat ive Totals from Multiply Proceeding Adjustment Description Pages Factor Suh-fetal Curh & Gutter ITEM I TOTAL b 286.55 % 10 2.86 s. 5n Drive Approach ITEM II TOTAL b 61.57 X 20 = 1.231.40 Spandrel & Gutter ITEM III TOTAL b 65.76 X 10 - 65?. 60 Sidewalk, Raa~p Trans. ITEM IV TOTAL E 155'90 X 50 1,795.oo P.C.C .Oef lector Curh ITEM V TOTAL E 77.40 X ]0 - 774.00 GRAND TOTAL NUMBERS ~ 13,323.5a • GRAND TDTAL ~'d ~RD S) Thirteen Thousand three hundred h~~r~ry ~h .e dollars and ninety cents. ~-- Signature of Bidder: BY: Phone E Date: r 1 U C-7 ~7 SUPPL Eh".E?:T " IT~"1 VI LABOR, EQUIPMENT AND MATERIAL Labor Item VI A Job Classification Hourly Rzte t upervtsion ~ z 88 Working ore~r~an ~ 28 88 F inisner 27 i2 Laborer 26.57 Eauioment Item VI D Type Hourly Rate Forming ruck 28 88 2 Dump Truck Mtn, S Yd) 51.9$ Front End Loader 51.98 Concrete Saw~Per L.F. S ~ 69.30 nin. uv to 100 LF ack Hammer ompressor 28 88 Concrete Pump* 101.06 per 7 yd load 7.21 per yd over 7 Price to Include Set up & Take Dawn Casts Material Item V C ype Cost/C uo a Yard Crusned Aggregate/S ag ase 63.53 2 C ass ~[ -C- transit Mtx Concre te* 57.75 Cu07C Yard Hdte oa5 ea on Tull Cruck delivery C-8 r ,i AGREEMENT • THIS AGREEMENT, made and entered into this day of 1985, by and between the City of Rancho Cucamonga, a municipal corporation, County of San 6ernardino, State of California, hereinafter called the City, and J. H. CONCRETE, hereinafter called the Contractor. NITNESSETH: FIRST: That the Contractor, in consideration of the promises of the City to pay, hereby agrees to furnish all materials, tools, equipment, and labor necessary to perform and complete, in a good and workmanlike manner, the items of work described in these Contract Documents, all in accordance with the specifications and standard drawings of the City of Rancho Cucamonga. Said specifications, and the proposal of the Contractor, which is also on file in the office of the City Engineer, are hereby referred to and made a part of this contract in like manner and with the same force and effect as if incorporated herein. SECOND: That it is further agreed that all material, tools, equipment, and labor shall be furnished and work performed and completed within the Lime as required or indicated by said specifications, under the direction and to the satisfaction of the City Engineer, and the Contractor hereby expressly agrees to meet, observe, perform and follow every term and requirement of the specifications. • THIRD: That it is further agreed that in the event said Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part contemplated by this contract in a diligent and workmanlike manner, ±he City Engineer shall make verbal or written demand upon the contractor. If said Contractor after receipt of demand from the City Engineer so to do, fails to prosecute said work in a diligent and workmanlike manner within the time specified by the City Engineer the City may exclude the Contractor from the premises or any portion thereof, and take poss esion and complete the job as deemed best by the City. In the procuring of the completion of said work, or the portion thereof the City shall charge against the Contractor, and may deduct from any money due, or the contractor may be compelled to pay the City the amount of said charge, or the portion thereof unsatisfied. FOURTH: That the Contractor agrees to begin the work of construction contemplated and provided for in this contract within 10 days after receipt by contractor of contract repair list by the City Engineer. FIFTH: Time is declared to be of the essence of this contract, and should the Contractor fail to complete the work required in a timely fashion the City Engineer may exclude the Contractor from the premises, or any portion thereof, together with all materials and equipment thereon, and may complete the work in the manner provided in paragraph "THIRD". J `~ SIXTN: That the Contractor agrees to save, keep and bear harmless the City and its officers and agents from ali damages, costs or expenses in law or • equity that may at any time arise because of any inf ringent or alleged infringement of the patent rights of any person, firm, or corporation in consequence of th=_ use in or about said work of any article or material supplied or installed under this contract, which article or material was furnished by the Contractor. SEYENTH: That it is further agreed that the City shall not 6e held liable or responsible for any accident, loss or damage happening to the works referred to in this contrct prior to the completion and acceptance of the same. EIGHTH: The Contract Proposal is hereby incorporated in and made a part of this Agreement. NINTH: That the City agrees, in consideration of the performance of this contract, to pay to contractor as follows: The Contractor shall submit to the Engineer a written estimate of the total amount of work done. The City Engineer will review the estimate and approve it nor notify the Contractor of any exception. The City shall upon acceptance 6y the City Council, issue payment to the Contractor. No such payment or estimate shall be required to be made when in the judgement of the Engineer the work is not procee~ing in accordance with provisions of the contract. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. • The Contractor shall be paid in accordance with the payment processing of the City. It is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City. TENTH: It is further understood and agreed between the parties hereto as follows: 1. That the quantities are unknown and that all of the work contemplated by this contract must be completed in all respects in accordance with the specifications. 2. That the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of his right, title, or interest, without the previous consent in writing of the City Council. If the Contractor shall, without such previous written consent, assign, transfer, convey, sublet or otherwise dispose of this contract, or of his right, title or interest therein, or lose or be deprived of the same by operatic:; of the bankruptcy laws or insolvency laws, or in any other manner whatsoever, then and in any such event his contract may 6e revoked and annulled by the City Council at their option and in their absolute discretion, and if so revoked or annulled, the City shall thereupon be relieved and discharged from any and all liabilities and ohligations arising out of the same to the Contractor and/or his assignee, trustee or • transferee; and no right shall be acquired by any such assignee, trustee ~;' or transferee, or any one claiming under them or any of them, either at • law or in equity, to make or assert any claim or demand whatever against the City, whether for monies due or to become due under this Contract, or otherwise whosoever. 3. That the words "City Council", "Engineer", or "City Engineer", and "Contractor", when used in this contract, and/or bonds accomp anyi nn the same, have the same meaning as when used in the specifications and-as defined in the specifications. 4. That +h is contract shall he binding upon the City, its sucte ssors or assigns, and upon the Contractor, his executors or administrators. ELE4ENTH: That the Contractor agrees, pursuant to the provisions of the Labor Code of the State of California, to pay not less than the general prevailing rate of per diem wages and not less than the general prevailing rate of per diem wages for legal holidays and ovet ime work, for each craft or type of workman needed to execute the work under this agreement, as ascertained by the City of Rancho Cucamonga, said provisions to be applicable to pay for all workmen employed by the Contractor for work under Lhis agreement. Said rat=_ and scale are on file at the City Offices, and copies may be obtained. TNELFTH: This Contract shall Se for a period of twelve (12) months commencing on the day of July, 1985, and ending the 30th day of June, 1986, unless terminated or extended as provided. The City reserves the right of option to extend this contract from year to year commencing on the first (1st) day of July of each fiscal year. In no event shall this contract be extended beyond • the 30th day of June, 1987. THIRTEENTH: In the event this contract be extended, compensation shall be as defined in the "~Y I?JTH" paragraph adjusted as follows: The City reserves the right to negotiate adjustment of unit cost with the contractor at the beginning of each fiscal year. The unit cost shall not be adjusted in excess of the change in consumer price index for the Los Angeles- Long Beach Metropolitan Statistical Area as calculated from April 1st through March 31st of the previous fiscal year. EXCEPT as determined by the City Engineer as follows: Where labor benefits are increased in the contractors labor agreement/contract in excess of the index and/or where prevailing sages are increased in current publication of Lhe CalTrans General Prevailing Wage Rates in excess of the index and/or where material cost are increased uniformly in the area commonly known as the West-End, San Bernardino County, in excess of the index and/or where equipment rental rates are increased uniformly within the sphere of the City in excess of the index. Adjusted cost shall be effective July 1st of each successive fiscal year through the term of the contract unless terminated as provided herein. If the index is discontinued or revised during the term such other governmental index or computation with which it is replaced shall be used in order to obtain substantialiy the same result as would be obtained if the index had not been discontinued or revised. ~JI IN NITNESS NHEREDF, the said City of Rancho Cucamonga has, 6y order of its • City Council caused these presents to be subscribed by the Mayor and the Seal of said City to be affixed and attested by the City Clerk, and the said Contractor has subscribed his name hereto the day and year first above written. CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: City Clerk CONTRACTOR • Approved as to form and execution City Attorney • _, r` •._! .. LAIRD CONSTRUCTION CO., INC. "/~ General Engineering Confr9cbr ~¢ n r "T ~ 4661 ARRO W HIGHWAY • MONTCiJ~I R. CALIFORNI A 91]63 • RaA O coNSiq UCi~oM • (7141 62a334B (]141 984.2288 ~ PAVINc • Gq/.n ING •CONCRETE • XEAVY EQ V!PMENT RENTAL June 21, 1985 City of Rancho Cucamonga P.O. Box 807 932p Baseline Road Rancho Cucamong a, California 51730 Atte,^.tion: }fY. pave Leon azd Re: 1Nnua1 )fain ten ante Contract pear Dave, Pursuant to our phone conversation, enclosed aze the updated prices for the annual maintenance contract, These prices reflect the wage increases which the labor, teamster and operating engineer unions are • presently negotiating to become effective July 1, 1985, All uniC prices, (items ql through X11), x111 remain the same as our current agreement dated July 5, 1984; item X12 Labor Cost Differential and our equipment rental rates have increased since last yeas, RespeCtfytl ~~ ~ItD .C~ dC~N D., ZINC. i 1 /.. ~~^ Ra J, Laird - ~/ Vice-president RJL:kI ~' ~~~ rt~~ LAIRD CONSTRUCTION CO. INC. . ~•'~'? , G[Mrol Enginarin9 Conbacfar c. ww.[.o.[ uc. N..:. ' "~ s cowr..c.en uc no _; i ' 46e1 ARROW ry1GMWAY • MOf~TCIAIR, CALIFORNIA 91743 • .ROAD <onsinurnoN -- '-~+~ 1714162E~234o (]1419C432ps •~AV:nc . cRAO:Nc .canton[ • M[AVY [OUI~M[NT n[NTAL EGU2PMENT RENTRL RATES a5 OF JLILV 1( 1985 _. ~-6i1 :_-:. -::_~_.. - 1 r,_ -..z______________________-__._._;ai Lam . ~~ _-_ _ :~ . , c. oyZ.C ;_RS Nnca_ ..-.:i: P_C.D=~ (~ 1/c Y-3. ;__________________ :.r7. '-.:r -. 977_ _~-P3~~ i~ VLS.)____________________________________ 9. '3'd __ _ - ,~. _...___- __ r ,. ~. 4. - --' --' - -- - - -- a2. zd _ _ _ _ :i1,3___________ _ __________________ 6_aGE CPT ic_ c3 _„•_;:)---------------------------------- 7`.'zw ~Z ..~ RCLL=~ =-Q ~ __. __ _ __ .ci ________ ?,OL__.i 'i2 -0X 3-~.Ir;=' {c '=a•_0)_________.________________ _c~ ~~ SG. ~.~2 xu~__c? it :ic :u.V f?::\E_MaTAC rtu:~tla2 -L 7c)--------------- 55. C~m 7. sa2'sE %PGE Er/..PLC-uL•.< a7___________________________ 6a ZN CP.S= S;{=o',_uA-_R isi'._____________________.__________ 6a.'rm a. _u!ucn] -nPO-CR b T.i:a.L_% (c =rt. *, L~.i-`--'-----'-----° 6~. 20 :a. 7T=ii\GFnJ cKM i? l.c:r~rtuE-IGV::<.tic. _. :T/N:L: ~:1 ~y( : u~~_ ___ - J0. 1~7J - - , - ,~ ,r.z 9. ~~ar:< rR~oN -a u. ozm APL..) ----------------------------- 47. mm wary wa60v is {~._aa ORLJ _____________________________ 5k. 0m WAPE;'t iigSO}~ a6 (3.62.2, cPL.)----------------------------- 56.c:m est. ._ 1m. -~'!!? -7~JCi; ~-!.5 f1 'f0~~ 303':2~)_____.__._.__._______________ k4. :%"Z• GLOP ': 7u0:5 1:2C. c3. _4.2°, cE. ~7 (_ <. '-C.n; ,: ~(-) -____.____-.__._ 4,J. Z~, uu:r,P I RIJC:{ a, :: o U i~~:~. Cd. 24. Gam:. l:D• C7 (GL H ~ 1 ____.-______.__- - ^d. ELI ~~ ~ ..u. ~.. _ :, DUMP -RuC't d .:? ~ ~2, 23, ct. _= '7 ::~- S: C~.,~~CR-Tv>--- - 55. 'mod: RRRPG- GJ,gF LL"~: G: 2e5. 2: LI PER I>I'vL( .s, FJP LOgG_.___..____-__ 1 i. TRRSti T.iIC!< WITIi TdRILER (HISii5i0:)_____________________ E5•Z,r • 12. ?04iaR 6400::h--------------------------------------°__--- 49. Qa ,. 33.OIL TRUCi< M6-------------------- --------------------- 4B. 00 ~' ~a ._ _.._____~__ _______________.~n ~.___.___ ~_ __ -° cuv~ cc 15.5=%c40e= 'n7X________________________________g;. _w_..____ _~a_:p,a 7.:.q'._u::':' ~~:?c.i =4V3 '_`\.'.. ~?n%. ~: _ SC tcu~:'.Q'~_____._______ :6 _. Z-_ :B.lrtRULL:.~ S_?:7 ~AVcR - u-~.i'c____..__ _____ y~. ~.D ~... ~__... ____~___'~_ r ______ _~_. 2'2. 34LG ~~:<'JL}C '.ti/ _v _S _______________.~___________________ 2T.?T F.IL R.nOV'c .7^r.TcS ~R5 u~:i_'cC- T~ C RKi 33 >: ;+ ~~ i ,CRUSHED AGGREGATE BASE - PLACED A110 COMPACTED. AREA AND PRICE IN 5 UA0.E FEET HICKNE55 0- 50 51-150, I51-500 501-1]00 1001-2000 3001-5000 10,000 OTA ACROS 2" .16' ~s.z] 1.79 t. i0 O.n4 0.49 0.34 0.26 - 1 I 5.26 1.70 1.1] 0.09 0.53 0.32 ~ 2 ~ 4 • , 5.29 1.84 1.16 0.!~1 0.55 1 5~ ,42' 5.]l 1.87 1.39 0.54 ,S• 5.37 1.9x 1.24 I • J 1 .58' .66' USE EDUIPMCNT ENTAL AND ITII4E AMD TERIAN FO ARE.45 9" GRE TER THAN S ONN fN 1T M 11 ~ .)S' 10" .B ' 11" ~ 12" ' Item I1 - TOTAL DOWN <- 12. LRBOR COST DIFFERENTIAL URGENT EMERGENCY AtTE 0.•s•• DVERT IME SUNDAYS/ I NORNAL TOTA ITEA CALLOUT•s CAL~OUTR :IJURS HOLI ^.AYS IIOtWLy ACROS anouH~ An.OUNT RATE RATE 0.ATE RAT Vo rking q7 .10 47.10 47,10 47.10 57,85 3fi,35 pperator 45.70 45.70 45.70 45.70 56.50 34.90 Laborer 34.70 34:70 34,70 34,70 34,70 27,25 1 Gallout cost :nus[ reflect Che flat one time dollar amou t. Item u - •~•~~ •- cost of calling out a man on urgent or emergency notices __ _ +'~ After hours must reflect the rate .`or a second shi fc, I.e., swing shift. • •G4 AGREEMENT • THIS AGREEMENT, made and entered into this day of 1985, by and between the City of Rancho Cucamonga, a Municipal Corporation, County of San Bernardino, State of California, hereinafter called the "City", and LAIRD CONSTRDCTION CO., [NC. hereinafter called the "Contractor". N I T N E S S E T H: FIRST: That the Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to furnish all tools, equipment, and labor necessary to perform and complete, and to faithfully perform and complete, in a good and workmanlike manner, the several items of work described hereinbefore in these Contract Documents, all in accordance with the plans, specifications, and Standard Drawings of the City of Rancho Cucamonga. Said plans and specifications, and the proposal of the Contractor, which is also on file in the office of the City Engineer of said City, are hereby referred to an made a part of this contract in like manner and with the same force and effect as if incorporated herein. SECOND: That it is further agreed that said tools, equipment, and labor shall be furnished and said work performed and completed within the time as required or indicated by said plans and specifications, under the direction and to the satisfaction of the said ity Engineer, and the Contractor hereby expressly agrees to meet, observe, perform and follow every term and requirement of said specifications. • THIRD: That it is further agreed that in the event said Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated 6y this contract in a diligent and workmanlike manner, the City Engineer shall make verbal or written demand upon the contractor. If said Contractor after receipt of demand from the City Engineer so to do, fails to furnish tools, equipment or labor in the necessary quantity or quality, and to prosecute said work and all parts thereof in a diligent and workmanlike manner, or after commencing so to do within the time specified by the City Engineer fails to continue so to do, within time specified, then the City may exclude the Contractor from the premises or any portion thereof, and take possession of said premises or complete the work contemplated by this contract or any portion of said work, either by furnishing the tools, equipment, labor or material necessary therefor, or by letting the unfinished portion of said work, or the portion taken over by the City to another Contractor, or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the City, shall be a charge against the Contractor, and may be deducted from any money due or becoming due him from the City, or the Contractor may be compelled to pay the City the amount of said charge, or the portion thereof unsatisfied. FOURTH: That the Contractor agrees to begin the work of construction contemplated and provided for in this contract within: Emergency Conditions: 2 (two) hours when specified as such by the City Engineer. Ur ent Conditions: 48 hours when specified as such by the City Engineer. Norma on tons: 10 days after receipt 6y contractor of written notification by the City Engineer to proceed with work. a~ F[FTN: Time is declared to be of the essence of this contract, and should the • Contractor fail to complete the work required to 6e done hereunder, on or before the time of completion herein stipulated, together with such additional time as the City Engineer of the City of Rancho Cucamonga may grant said Contractor for cause, it is mutually understood and agreed between the City and the Contr ac for Chat the City may exclude the Contractor from the premises, or any portion thereof, together with all materi al5 and equipment thereon, and may complete the ~nork contemplated by this contract in the manner provided in parag~~aph "THIRD" hereof, and with like farce and effect as if the Contractor had failed to prosecute the work in a diligent and workmanlike manner. It is further mutually agreed, by and between the parties hereto, including the surety or sureties on the bond attached to this cantrac t, that in the event additional Lime is granted said Contractor within which the work required hereunder may be completed, such extension or extensions shall not affect the validity of this contract or release said surety on the bonds given in connection therewith. SIXTH: That the Contractor agrees to save, keep and bear harmless the City and its officers and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of any infringement or alleged infringement of the patent rights of any pert osn, firm, or coproration in consequence of the use in or about said work of any article or material supplied or installed under this contract, which article or material was furnished by the Contractor. SEVENTH: That it is further agreed that the City shall not be held liable or • respns ible for any accident, loss or damage happening to the works referred to in this contract prior to the completion and acceptance of the same. EIGHTH: The Bid Proposal is hereby incorporated in and made a part of this Agreement. NINTH: That the City agrees, in consideration of the performance of this contract, to pay to contractor as follows: The Contractor shall submit to the Engineer, Labor and Material Lien Releases and a written estimate of the total amount of work done. The City Engineer will review the estimate and lien releases and approve it or notify the Contractor of any exception. The City shall upon acceptance by the City Council and after deducting all previous payments and all sums to 6e kept or retained under the provisions of this contract, issue payment to the Contractor. No such payment or estimate shall be required to be made when in the judgement of the Engineer the work is not proceeding in accordance with provisions of the contract. No such estimate or payment shall be construed to be an acceptance of any defective work or imporper materials. The Contractor shall be paid the total contract price in accordance with the payment processing of the City. [t is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of • contract an the City. .-, ; .a TENTH: It is further understood and agreed beb;ieen the parties hereto as follows: • 1. That the quantities are unknown and that all of the work contemplated by this contrct must be camel eted in all respects in accordance with the plans and specifications hereinbefore mentioned, whether the quantities of materials required or the work and labor to be performed are greater or less than anticipated. That the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of his right, title, or interest in or to the same or any part thereof, without the previous consent in writing of the City Council. If the Contractor shall, without such previous written consent, assign, transfer, convey, sublet or otherwise dispose of this contract or of his right, title or interest therein, or lose or be deprived of the same by operation of the bankruptcy laws or insolvency laws, or in any other manner whatsoever, then and in any such event this contract may be revoked and annulled by the City Council at their option and in their absolute discretion, and if so revoked or annulled, the City shall thereupon be relieved and discharged from any and all liabilities and obligations arising out of the same to the Contractor and/or his assignee, trustee or transferee; and no right shall be acquired by any such assignee, trustee, or transferee, or any one claiming under them or any of them, either at law or in equity, to make or assert any claim or demand whatever agsinst the City, whether for monies due or to become due under this contract, or otherwise whosoever. • 3. That the words "City Council", "Engineer", or "City Engineer", and "Contractor", when used in this contract, and/or the bonds accompanyf ng the same, have the same meaning as when said words, or any of them, are used in the plans and specifications for the work herein mentioned and described, as said words are defined in said specifications. 4. That this contract shall be binding upon the City, its successors or assigns, and upon the Contractor, his executors, administrators, successors or assigns. ELEVENTH: That the Contractor agrees, pursuant to the provisions of the Labor Code of the State of Calffornt a, to pay not less than the general prevailing rate of per diem wages and not less than the general prevailing rate of per diem wages for legal holidays and overtime work, for each craft or type of workman needed to execute the work under this agreement, as ascertained by the City of Rancho Cucamonga, said provisions to be applicable to pay for all workmen employed either by the Contractor or by any subcontractors doing or contracting to do, and work under this agreement. Said rate and scale are on file at the City offices, and copies may be obtained. TNELFTH: This Contract shall be for a period of twelve (12) months commencing on the day of , 1985, and ending the 30th day of June, 1986, unless terminated as herein provided. n I ?7 IN NITNESS MHEREOF, the said City of Rancho Cucamonga has, by order of its City Council caused these presents to be subscribed by the Mayor and the Seal of said City to be aff ized and attested by the City Clerk, and the said • Contractor has subscribed his name hereto the day and year first above written. CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: CONTRACTOR u • ~~ • • • DATE: July 3, 1985 CITY OF RANCHO CUCAbIONGA STAFF REPORT T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael 0. Long, Senior Public Works Inspector SUBJECT: Acceptance of Beryl-Hellman Storm Drain c~c,~.tto 2`'S% t 9 ~~ e ~> ~~'~~h _ ~ I" ~ Z 1917 I The Beryl-Hellman Storm Drain (23-4631-8069) Improvement Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release performance surety (E898,904.50) and retention (E44,845.23). RECOMMENDATION It is recommended that Council accept as complete the Beryl-Hellman Storm Grain (23-4637-8069) Improvements and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bonds and retention and authorize final payment. Resp ctfully sub tied, BH Jas Attachments ~~ RELOROING 0.EOUESTEO BY CITY OF AANCHO CULAMONGA P. 0. Box 907 Rancho Cucamonga, California 91?30 WHEN RECOROEO MAIL T0: LSTY LLERK CITY OF RANCHO CUCAMONGA P. 0. Boa B07 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE [S HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in [he hereinafter described real property, the nature of which interest or estate is: BERYL-HE LLXAN STORN GRAIN 2. The full name and address of the undersigned owner is: CITY OF AANCNO CUCPHONGA, 9320-C Base Line Road, P. 0. Boa 807, Aancho Cucamonga, California 91730, 7. On Me 3rd day of duly, 1985, there wai cpmpteted on the • hereinafter described real property the wprk of improvement Set f¢Rh in the COOLr dG[ d0[Yme025 fOr: BERYL-HELLMAN STORM GRAIN 4. The name of the original contractor far the work of improvement d5 d wtlOle wd5: 0.1VEAA IOE CONSTRUCTION 5. The real property referred tp herein fN situated 1n the City of Rancho Luc amanga, County of San Bernardino, Calfforn la, and is described as follows: BERYL-HELLMAN STORM GRAIN CITY OF RANCHO CUCAMONGA, a municipal corporate an, Owner oy ..u s, y ng neer • ~~'J RESOLUTION N0. EO7-03-04R • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BERYL-HELLMAN STORM DRAIN ANO RUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Beryl-Hellman Storm Drain (23-4637-8069) 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, he it resolved, that the work is herehy accepted and the City Engineer fs authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985. AYES: NOES: • ABSENT: ATTEST: Bever y A. Authe et, ity er on .Mike s, ayor I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolutf on was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, ad,~ourned) meeting of said City Council held on the 3rd day of July, 1985. Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. every ut e e ty er • • n U • CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: July 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael D. Long, Senior Public Works inspector Y`c GLGMOIr. ~~~. ~, a ! `~r C!; Ih p ~~'~ _ ~ ~'~Z 197; I SUBJECT: Acceptance of Ramona Avenue from Base Line North to the Pacific Electric Railroad The Ramona Avenue from Base Line North to the Pacific Electric Railroad (11-4631-8102) Improvement Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment •znd direct the City Engineer to file a Notice of Completion with the Cuunty Recorder and release performance surety (515,741.93) and retention (59,137.64). RECDMIIENDATION It is recommended that Council accept as complete the Ramona Avenue from Base Line North to the Pacific Electric Railroad improvements and pass the attathed resolution authorizing the City Engineer to file the Notice of Completion and release performance bonds and retention and authorize final payment. Resp ctfully sub 'tted, LBH:jaa Attachments r n~ RECORDING REpUESTED BY [RY OF RANCHO CULAMONGA P. 0. Bax 907 Rancho Cucamonga, California 91]70 NNEN RECORDED MAIL T0: CITY CL ERk CITY DF RANCHO CUCAMONCR P. 0. Dox 807 Rancho Cucamonga, California 91770 NOTICE OF COMPLETION NOTICE IS HE AEBY GIVE4 THAT: 1, The undersigned is an ormer of an Interest or estate in the hereinafter described real property, the nature of Nhi ch interest or estate is: AAMONA RVENUE fROM BASE LINE NORTN TO THE PR[IF I[ ELECiq IC AA IL ROAD 2. The full name and address pf the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320-C Base Line Road, P. 0. Box 807, Rancho [uc am¢nga, Cal ifarnia 91730. 3. On the 3rd day of July, 1985, there was c¢moleted on Me . hereinafter described real property the work o/ improvement set forth in the contract documents lor: RAMONA AVENUE FROM BASE LINE NO0.TH TO THE PAL IF IL ELECTR It RAILAOAO A. The name of the original contractor for the Nark of improvement as a Nho1e Nas: NREY CONSTRUCTION, INL. 5. The real prooer[y referred to herein is situated in the Lity of Rancho Cucamonga, County of San Bernardino, Lali Pornia, and is described as follors: RAMONA AVENUE FACM RASE LINE NOgTN i0 THE PAC i FiC FLECTAk gpiLg0A0 CITY OF RANCHO LULAMONGA, a municipal corporation, ONner ate pY nu s, ity ng neer • v • RESOLUTION N0. E07-03-OSR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RAMONA AVENUE FROM BASE LINE NORTH TO THE PACIFIC ELECTRIC RAILROAD ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Ramona gvenue from Base Line north to the Pacific Electric Railroad (11-4637-8102) 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 3rd day of July, 1985. RYES: NOES: • ABSENT: on a s, Mayor ATTEST: Bever y A. Authe et, ty er 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 adapted 6y the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 3rd day of July, 1985, Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. every Aut a et, ,ty erk ~~ nrmv nc n n wrnvn nt ~n n eenwrn n • STAFF REPORT DATE: July 3, 1985 TD: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician S~-~tf+ ~~ ~ ~~ ~%i au o-;~ ~I~ - !~ .. ''> • u 19ii SUBJECT: Accepting a Real Property Improvement Contract and Lien Agreement for Parcel Map 8815 located west of Beryl and south of 19th Street submitted by Houtz & Sons The subject map, located west of Beryl and south of 19th Street, is submitted by Houtz & Sons, A Partnership. It was tentatively approved by the Planning Commission on December 12, 1984, and given final City Council approval June 19, 1985. A Real Property Improvement Contract and Lien Agreement has been received for removal of certain structures that encroach across the property lines between Parcel 1 and Parcel 2, and perform such grading on Parcel 1, or construct such drainage structures on Parcel 1, as will prevent drainage from Parcel 1 from entering Parcel 2. RECDMIENDAIIDN It is recommended that City Council adopt the attached resolution authorizing the acceptance of a Real Property Improvement Contract and lien Agreement for Parcel Map 8815. Resp ctfull s it ed, ~:ko~ Att chments ~~ COVIN GTON 6 CFOWE .ETTORNEV3 hT t% CV n ~ II]I WCST 51%TV STRCCT u POST OiCICE BOY ISiS ONTI~RIO. CrY IIPORNI.~ 91162 ' I _ ° , June 17, 1985 ~ + . e ~ ~ c~ Mr. Jerry Grant City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Re: Parcel Nap No. 8815 Dear Mr. Grant: I spoke with Andy Arczynski on Friday, June 14. He indicated that he had reviewed the agreemen± and that, with a revision in the title, the agreement was acceptable to him. Therefore, I have revised the front page and am enclosing a substitute front page which I would request that you substitute for the front page on the original agreement which you currently have in your possession. Andy also suggested that signature lines for the City and an approval line for approval as to form and content for the City Attorney be put on the final page and that the agreement be signed off by the City Council on Wednesday, June 19. Should you see any problem with any of the fore- going, please contact me immediately. ice, 19 Respectfully, Edward o on of COVINGTON & CROWE EAH:kph Enclosure cc: Houtz S Sons avl o~,.o~e, • • • ~Ia • 4:r3EM RECORDED MAiL TO: City o` Rancho Cucamonga P.O. Sox 807 Ran c'.^.o Cucamonga, Califcrnia 91730 At,~..t ion: b1r. Jerry Grant AGREEt. R`:^. REGARDiSG RE.'.L PROPER:'Y X, This Agreement Regarding Real Property is made this /Z ~'"' day of June, 1985, ar,d provides as follows: Recitals. A. The undersigned are the owners of that certain parcel of real property consisting of approximately 22.41 acres located west of Beryl Street, south of 19th Street and north of IIaseliae P.oad in the City of Rar.c ho Cacamo rga, County of San Bernardino, State of California. This property consists of portions of Lots 9 and 10, Block 16, of Cucamonga Homestead Association, as per map recorded in Book 6 of Maps, page 4fi, records of San Bernardino County, California. D. The referenced real property is being divided into • t•.ao parce'_s by ?arcel Map No. 8815. Parcel 1 will consist of one acre in the northeast corner of the site and Parcel 2 will consist of arnroximatel}' 21.41 acres and will consist o` the balance of the site. C. As of recordation of Parcel Map :10. 8815, the under- sig;,ed •.oill be the owners of both Parcels 1 and 2 of Parcel Map tip. 8815. D. There are certain structures which encroach across the propert}• lines be t•.aeen Parcels 1 and 2, specifically an old storage house and some chicken houses. The undersigned have requested of the City of Rancho Cucamonga that the City not re- quire removal of the structures rah ich encroach across the property lines of Parcels 1 and 2 until after the Parcel hlap has been recorded and a contemplated escrow has been closed which will allow the undersigned to sell Parcel 2 to a third party purchaser. E. The City of Rancho Cucamonga (hereinafter "City") has recvested assurance that the encroaching structures on the property lines between Parcels 1 and 2 will be removed or, if the same are not removed, that the City, if it is required to remove the same, will be reimbursed for the cost thereof and will have the right of access across both Parcel 1 and Parcel 2 for the purpose of removing such encroachments. I~ 2. Agreement to Remove. The undersigned hereby promise • and agree that they will cause the removal of any encroaching structures which lie over or across the western and southern boundaries of Parcel 1, which structures will occupy portions of Parcel 1 and Parcel 2. Such removal and demolition of structures which encroach across the property line between Parcel 1 and Parcel 2 will be at the sole cost and expense of the undersigned. Removal of the encroaching structures will be accomplished and completed no later than six months following the date hereof, unless such time is extended at the sole discretion of the City of Rancho Cucamonga. The undersigned further agree that they will, at their own cost, do such grading on Parcel 1 or construct such drainage structures on Parcel 1 as will prevent drainage from Parcel 1 from en- tering Parcel 2. 3. Promise to Pay; Lien Agreement. In the event that the undersiy ned fail to remove the encroaching improvements or do the drainage work as is promised in this Agreement, and the City is required, com- pelled or determines that it is in the best interest of the City and its citizens to cause the removal of such encroachments or do such work, the undersigned hereby agree that they will reimburse the City for any and all expenses incurred by the City in the removal of the encroaching structures or doing such work. Such reimbursement will include but not be limited to the City's expenses in removing and demolition of the structures, cartage of material, capping utilities, labor and material in connection therewith, administrative, legal, insurance and other related, incidental expenses and any other expense which the City may incur in connection therewith. The obligation of the undersigned to reimburse the City shall. run with Parcel 1 of Parcel Map No. 8815, and shall be a lien against said real property until the City has been repaid in full. Any amounts owing to the City shall be payable on demand by the City and shall there- after bear interest at the rate of twelve percent (128) per annum until the City has been re imbur.sed in full. In the event that the City is com- pelled to institute legal or other action to collect any amounts owing u r.der the terms of this Agreement, the City shall 6e entitled to recover, in addition to any other expenses and monies owed to it, the reasonable cost of its legal and investigative expenses and court costs. 4. Right of Access. As an agreement which runs with Parcels 1 and 2, in the event that the City is compelled to perform the work described in this Agreement because of the failure or refusal of the undersigned to cause Such removal and demolition, the under- signed hereby agree that the City or the City's agents, employees, sub-contractors or representatives may enter and cross Parcel 1 and Parcel 2 of Parcel ptap No. 8815 to make such removal, demolition, or other actions as may be necessary or proper in connection with the rights granted to the City hereunder. Entrance by the City onto Parcel 1 or Parcel 2 shall not require the consent of the undersigned or their successors and assigns, who need not be present and need not authorize an entry onto the described property to permit the City or its representatives to enter thereon. The City's r. fight of entry shall not be deemed to impose upon the City the obligation, responsibility or liability for the care, supervision or repair of • Parcel 1 or Parcel 2 of Parcel Map No. 8815. The City may, during -2- ~}~/ • the progress of any work on either Parcel of the described property keep and store thereon any necessary materials, tools and equipment. The City shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage incurred by the undersigned or their successors and assigns by reason of making such demolition, or on account of their entry upon the property or 6ri naing materials, tools and equip- ment thereon. The City shall have the right for itself, its agents, representatives, employees and sul,-contractors to use such right of entry at any time for any purpose connected with this Agreement. 5. Binding Effect. The provisions and promises of this Agreement shall bind the parties hereto, their heirs, successors and assigns and shall run with the ownership of, and burden and benefit, respectively, Parcels 1 and 2 of Parcel Map No. 8815. 6. Release. When the demolition of the structures encroaching over the property lines between Parcels 1 and 2 has been completed and the structures are removed, tiie City will take such action and ~vi11 execute such documents as may be required to release this Agreement and the undersigned and to give the undersigned or their successors a quitclaim deed, release or other instrument which may cause the release of the lien of this Agreement. 7. waiver of Performance. Any obligation required hereunder . may 6e waived only by a written waiver signed by the other party, which waiver shall he effective only with respect to the specific obligation being waived and shall not be deemed a continuing waiver of such obli- gation or of any other obligation imposed on such party by the terms hereof. B. Miscellaneous. The masculine and neuter genders, the singular number and the present tense, shall be deemed to include the feminine gender, the plural number, and past and future tenses, respectively, where the context so requires. IN WITNESS WHEREOF, the undersigned have executed this Agree- ment on [he day and year first above-written. CITY OF RAN<710 CUCN,bNCA, a municipal corporation Jon D. hlikels, Mayor ATTEST: Beverly A. Authelet, City Clerk HOUTZ 6//SONS, a partnership B y: U fr ~~, i ~ tl~ . Roy t Houtz, part / t By: ~./ ~ ichard V. Houtz, par er SIGNATURES MUST BE NOTARI2ED -3- -. Exhibit "A" LEGAL DESCRIPTION COVERED PROPERTY) Parcel No. 1• The south two-thirds of Lot 9, Block 16, Cucamonga Homestead Association, in the City of Rancho Cucamonga, as per plat recorded in Book 6 of Maps, page 46, official records of San Bernardino County, California; Parcel No. 2: The north 295 feet of Lot 10, Block 16, Cucamonga Homestead Association, in the City of Rancho Cucamonga, as per plat recorded in Book 6 of Maps, page 46, official records of San Bernardino County, California. • C~ ,J RESOLUTION N0. ~D7-03-1T6R • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FRON HOUTZ & SONS FOR PARCEL MAP 8815 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Parcel Map No. 8815, located west of Beryl, and south of 19th Street, is submitted by Houtz & Sons, A Partnership, was approved on June 19, 1985; and WHEREAS, Removal of certain structures that encroach across the property line between Parcel 1 and Parcel 2 and perform such grading on Parcel 1, or construct such drainage structures on Parcel 1, as will prevent drainage from Parcel 1 from entering Parcel 2 established as prerequisite to issuance of Building Permit has been met by entry into a Real Property improvement Contract and Lien Agreement by Houtz & Sons, A Partnership. 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 s.:~ne in the Office of the County Recorder of San Bernardino County, Cai ifornia. . PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985. AYES: NOES: ABSENT: ATTEST: every u e et, i y er on .Mike s, Mayor [, 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 Councii of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 3rd day of July, 1985. Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. every ut a et, y er ~~ STAFF REPORT Vn DATE: July 3, 1985 T0: City Council and City Manager FROM: Loyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician ~o ~`- ~IOt~. ~/ 9 Z, y a i ;I 5,i F 0. III'- 19]7 SUBJECT: Approval of Bonds, Agreement and Final Map of Tract No. 12830 located on the west side of Beryl Street, south of 19th Street submitted by Citation Homes Tract No. 12830 was approved by the Planning Commission on November 15, 1984, for the division of 21.41 acres into 103 lots in the low Medium Development District located on the west side of Beryl, south of 19th Street. • The Developer, Citation Homes, is submitting an agreement and bonds to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: E739,220.00 Labor and Material Bond: E369,610.00 Letters of approval have been received from the hfgh school and elementary school districts and Cucamonga County Water District. RECIXMENDATION It is recommended that the City Council adopt the attached resolution approving Tract No. 12830, accepting said bonds and agreement and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Re~pe tfully sub tied, p H: . o At achments J d L1 iY OF RA N[HO CUCAaIO nGA IMPR OYEMERT AGR EE MEn7 FOR TRALT 128J0 KNDa ALL vEN 9Y THESE PRESENT S: in a[ this agree ne r, +~ made dnd Entered in[n, In cOnf nfTan Ce with the prOVi5inn5 of th^ Subdivision Nap Ac[ of the Slate pf Californfa, and of the aDpiic able Drdin antes of the City Df poncho Cucamonga, C al it prnia, a municipal torpor a[iv n, by and be twten said City, hereinafter referred to as [he City, and LtiAi [08 NCMES, a partnership hereina ter re.errE to as the Ceveloper. N ITNE SSE iN: iHq i, MXEREAS, said Develcper desires [o develop certain real DrpDerty in Said Lity as shown on the conditionally approve: subdivision known as 7r act 128]0; and MNEgEAS, said Lity has established certain regvi reme ^,:; to be met by said Deve toper as prerequisite to approval of said subdivision generally located at nest of Beryl and south of 19[n Street. NOM, THEREFORE, it is hereby agreed by said City and by Said Developer as /ollows: 1. The Oevetaper hereby agrees to construct at Devetoper~s expense all improvements described on Page 6 here- . of within twelve months Irpm the effective date hereof. 2. This agreement shall De effective on [he date of the resolutiDn of the Louncil of safd City approvfng [his agreement. Thfs agreement shall De in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of tf me has Deen granted by faitl City es hereinafter prDVid- ea. 7, The Developer may repo es[ an ex [ens'on of Time to complete Che terms here Di, Such request shall De submitte0 to the City in wri Ling nOt less than 30 days before [he expirat bn date hereof, and shall contain a statement of circvm stances necessf tat ing the extension o1 time. The Lity shall have the right to review the provisions o1 thfs agreement, inc lu0ing the CpnstruC lion standards, cost es [imate, and improvement security, and to require addustments therein ff any substantial change has ot<urred during the term hereof. 4, Ii the Developer fails ar n¢glec is to comply with the provisions of this a9reemen t, the Li [y shall have the right at any time to cause said provisions to be met by any tawlul mans, and thereupon recover from the Developer and/ar his surety the full cost and expense incurred. 5, the Developer shall provide metered water service io each lot of said development in accordance rf th [De regv lotions, s~nedules, and fees of Che Cucamonga Lpunty Mater District. 6. The Developer shall be responii6le (or replacement, relocation, pr removal of any component o/ any irrigation water system In conflict with construction D/ required improvements tv the sat55tac Lion df the City Engineer and the owner of such water System, -1- ~^~ ' J 7. Imo nvem ents required tp be cons true led steal` confp~m to the Sf andard 7rawings and Standard Soecif stations of [he City, and to the ImprO Vement Plan approved by and on file it the office Of [he Li[y Engineer. Said improvements are !abu`atef on the Conztruct~on and Bone Estimate, hereby loco rparated On page 5 hereof, as taken from the improvement plans listetl [hereon by number. The Developer shall also be responsible for construc- tion of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or ammissions discovered during con strut Cin shall be corrected upon Che direction Of the Ci[y Engineer, pevis<d a0rk Oue to said plan mods/ic a[ipns shat! be covered by Me provisions of this agreement and secured by the surety covering the original planned works. 8. COns!ructi0n peraia shall be obtained by the Developer from the office Of the Ci [y Engineer prior to start pf work; alt regulations listed thereon shall be observed, with attention given [o safety procedures, control Of Oust, noise, or Other nuisance t0 [he area, and [p proper notif icatio0 of public uH lines and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor, 9. The Developer shall be responsible far removal of all loose rocks and ether debris from public rign is-of-way within or adjoining said level'. re nt resv Ming from work relative to said developmen [, ID. Nork done within eaiz[ing streets shall be diligently Dursued to completion; the City shall nave roe right • to complete any and all work in the event o1 unjusti(i ed delay in completion, and [o recover all cos[ and espense incurred from [he Developer and/or his contractor by any lawful means. ll. Said Developer shall at all times fol lowing dedica- tion of the streets and easements in said subidivision, u0 to the completion and acceptance of said work nr improvement by safd City Council, give good and adequate warning [0 the traveling publir. of each and every dangerous condition eeist ant ,n said street or easement, and will protect the traveling public from such defective or long er pus condi[i0ns. Un[11 tll! COmpleti0n of dll imprOVenle nt5, hereln inCOrpOrated On Page 6 , to be per/ormed, each of said streets not accepted as improvements shall be under the charge o/ said Developer, Said Developer may close alt or a portion Of any street subject t0 the conditions contained in a temporary street closure permit, issued Oy the City Engineer, whenever it is necessary to protect the public during the construction of the improvements hereln agreed to be made, 12. Parkway trees required to be planted shall be planted by the Developer a/[er other im DrOV eme nt work, grading and cleanup has been completed. Planting shall be done az provided by Ordinance 1n accordance with the planting diagram aDProv ed by the Lity Community Development Dlrec tar. The Developer shall be responsible for maintaining a71 trees planted fn good health until the end of [he guaranteed main[en once period, or for one year after Olanting, whichever Is Later. l7. the Developer is responsible for meeting alt condi- tions established by the City pursuant to the Subdiviil on Map • Pct, Ctty Ordian<es, and this agreement far the development, and far the maintenance of all improvements con sir uc [ed thereunder _2. y ' I n u until the improvement is accepted for mat n[en do ce Dy the [icy, and np imprOV ement SeaVflLy prJVldod hCfojnNi (h Sh311 De rel^35ed Defnre SUCK dCCep23nC2 vnl°SS Ot!Ie r'nii¢ OrnVlded dnd dUChOr iL°) Dy the Ci [y rouncil pf the Li ty. la, This agreement shall not [ermi note ontil !n¢ maintenance guarantee security hereinafter described has been released Dy [he City, or until a new agreenen: Loge they wi;n the repoired improvement secvri ty has S¢en submitted to fhe City by a SUCC¢SSOr [0 IDe hereiq Odmed, And by •es0luti0p pf the Lj(y Council same has Deen accepted, and [his a9 reemen[ antl [he impr ovemen[ security therefor nos Deen released. l6. the improvement sea~rity to S¢ fprnished by the Developer with this agreement shall consist pf the fallowing and shall Se in a farm acceptable by Me Lily Otto me y: A. io secure Tai [nful performanc! of this agreement, 1. A bona pr bones by one or mare duly out nori zed corporate sureties in the form and content specified by Government Code Sec Lien 66499,1. 2. An Im provemen[ Security hstrum ent n the farm and content ip ecilied by the Li ty Attorney. ]. A deposit with the Cf ty pf money or negotiaple bonds of fhe kind approved for securing deposits Of pUbllC mo01<5. B. To SeCUr¢ 13bOrerS dnd and to Yl almen: 1. A band ar Donds by one or more duty out horized corporate sureties in the farm and cant ent spec if fed Dy Government Code Section 66499.1. 2. An {mprpvement $ecun ty InSf rumenf in [he /orm and content specified Dy the Lity Attorney. 3. A deposit with City o/ moo BY pr negotiaple Donds o/ Che kind approved far securing [. A cash deposit with [he City to guarantee payment Dy the Developer fo [ne engineer pr sdr veyor whose certificate appears upon Mp Final Map for the setting of all boundary, lo[ corner, and street centerline monuments and for furnishing centerline ite notes [o [M City. the amount of the deposit may De dny amount certified by the engineer or surveyor as acceptable payment in fait; of, if no value is submitted, roe cash band snap be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as proce- dare permits after receio[ by the Lity pf the centerline tie notes and wri [f en assurance of payment in full from the en9i nser or surveyor, 0. the required bands and the principal amounts thereof are s¢t forth an pogo 6 pf this agreement. 16. The Developer warrants that the improvements described in this agreement shalt be free /r om defep es in materials and workmanship. AnY and alt portions of She improve- ments found tp be dei¢c Live within one (I) year fol lowing the data en which the improvements are accepted by the City shall be repaired or replaced by Developer free pf all charges to the C'ty, the Developer shall furnish a mainten once goer an tee security in a sum epual to ten percent (lOS) of the construction estimate or f200,00, shit Never Is greater, to secure the fat Mfut performance of Oevelooer's ob lig3tipns as descrteed In this para- graph. The maintenance guarantee security shall also secure the faithful performance by the Oeve taper of any obligation of the -d- ma~n[enancet assessme nett sdfiisedr; work with respect to any park way ct. Once the Impre vements have Seer accepted and a maiden an ce guarantee security his Deen acc eo L: by the City, Me Y. her impro venen! security described in tq,s agreement may be released provided that such release is otherw ua authors ied by the Subdl visipn Map Act and any applicable Ciry Ordinance. 17, shat the Oeve!pper shill Cd'[E ept dnd mai 9[ain Such puDiic liability and property damagw insurance as shall protect him and any cpn[ractar or tube on [r ac for performing work covered by this a reement `ram claims for pr ope^tY damages xhich 'nay arise because of the nature of the work pr from operations under this agreemen [, whe[h er such operations De Dy himself pr py any contractor or subcontractor, or anyone directly or indirectly employed Dy said persons, even thcugh such damages De not cause^. by the negligence of the Oeve'. op er or any contr ac tar or suDCOntractpr c- anyone employed by said persons. The public liability and property damage insurance shall list the Ciry as ddditonal insured and Cirectly protect the City, its officers, agents and employees, as yell as the Oe veloper, his contractors and his subcontractors, and all insurance po Hcies issued hereunder sh a17 so state. The minimum amounts of such insurance z11dII be d5 fnI1pN5: A. Contractpr's Iiabili [y insurance providing bodily inJury or death liability limits of not less tha f 300, 000 for each person and $1,000,000 for each accident or oc<urren ce, and property damage liabf l- • sty limits of not less than $100,000 for each acci- dent pr occurrence wf th an aggregate limit of 1250,000 for claims which may arise from the ppera- tions of the Developer in the performance of [he work here In provided. B. Automobile liabi if ty Snsurarce covering ali v ehicies used in the pe rfo~mance of [his agreement Providing bodiiy injury liability limits Of not lest than 5200,000 far each person and 5700,000 fo^ each accident or occurrence, and orpper[y damage 1 iaDility limits o/ not less than 550,000 far each accident or occurrence, wi to an aggregate of not less Chan 1100,000 which may arise from the opera- tions of the Oeve toper or biz Contractor in performing the work provided for herein. 18, That Def ore the esecu Lion a/ this agreement, the Developer shall file with the City a certificate or certificates oI insurance covering too specified insurance, Each such certificate sh ail Dear an endorsem enf pr et lading the cancellations, or reduction in coverage of any policy evidences by such certificate, ~b efore the expiration of thirty (30) days df ter the City shall have received notif is atipn Dy registered mail from the insurance carrier, As eeidence o1 understanding the prpvi2!pns contained herein, and Of ntent to comply with same, the Subdiv filer has sebmi tted the Ipllowing describes improvement security, and has of fixed hl5 signature hereto: • -4- ~~ • FpITNf UL PERF ORMq N[E Type: ?riot .Pal gmnurt: S73a,222.DD Name and add ro ss of surety: Rame end address pf surety: CASH DEPOSIT NONUMEXTAi70N Type: Principal dma unt: Name and address o/ surety: NAT ERIpL ANN LABOR PAYMENT Type: Principal gmount; SJ69, 610.00 MAIN TENANLE GUARANTEE type: Principal gmount: Name and address pf surety: TO BE P057E0 PRIOR TO ACCEPTANCE 0Y THE CITY IN NITrvESS NER EDF, the parties heroto have caused these presents to be duly es eceted and acknowledged vith atl f ormali [i es re Quired by law on the Oates set foq[h opposite [heir signatures. CITAT I~ Date by __~ F. G. L LI'1'I^' pate by Accepted: City p! Rancho Cucamonga, California A Mun+cipal Lorppr at ion By; Attes [: .-XByMES, a rpA ,Developer ~^ re n ton, ~ Ce velopme t Ma na qer 9UIL ^EPL a oa rtn ers M1fp toted Mayor APProveA: DEVELOPER'S SIGNATURE MUST BE NO TgR1ZE0 ~h 5- Developer CITY OF AAlICND NCAMONGA ~ • ' E4GIN EERfNG DIVISION ENC0.0ACH,YENT PE0.MIi FEE SLH EDULE Far :corsre-e^[: .: .v.. . Oat,; ,-,5. -_ ., D.. ~. NO iE: Oaes not include current fee Por xrrrting perms; or pavement depD51L p'JdYT;'Y Dy•- - oo'." ^'^IT L.F. D. C.' orb - :2" L.F. 2q• :ut :er ]. 25 -.1,]f~ L.F. :gp only E. iC L.:. .~t er-. - S.F. q. Si '~C-.:L - .;.. sidewalk L7i .~ ::~ S.i a4 topn eth -G.551`- G.F 3,.. C c D55 :D:::r ~~rc. 2. SC _- C.Y. S;re^[ ^aava:~, pn ~~~~ 3'~D [.`. :aa x!ed empan'rment 1. SC - tsD liF :n ~. 5... ?rep trot :cn of va:n:e D..E 9:3=C^_ ~.f. Crus ne,.1 aqg: base (peg ~. r:a t~ :<1 ]. C3 ,~~ ran ;over _lao rnv ~ ~ 27. GD -- i0'1 A ;9C0 [D I3 ]0 tons', Jg.CO - TOII p.^. :500 [0 9CC ;onz~ qS }~ __ i0f1 A.C. (Dn aer io0 to nsl 60.00 __ S.F. A.C. fl" th:ckl O.SB __ S.F. Patin A.C. (trench) 1 ;~ $.F. 1" thick A, C. Overlay ~ 30 ~_ EA. AdjD S[ sewer mar hole W graze 25J,^J __ EA. paj ust sewer clean oD[ to qn de Ii0. G0 i0 EA. Adjust eat er valves to graze 75.00 _~ EA. Street hgh is IOCJ.CD Lf. garr icades (:ntersec. 5500 min) 1.C0 L.F. 2 x A^ redwood header 1,76 _1y{7!_ g.F. Removal a/ ,;, C. Da vement 0.35 qr L.F. Re-~D Vas of P,C.C, taro 3.30 -- L.F. Rem oval of A.C. berm 1.C0 ~~ _-~ Ed. Str=^t signs n'.i EA. Ref;ecb rs and psts 200'00 y L.F. Co nc re;e block Pall 3'..00 F ~:: S.F. Ret et ping xall w 2i.C0 - i0N pggre ga:e base 2C A0 '.~~+ ]. CO _~~ C.v, Concrete st ructDres q2 s.Co a_ L.F. IB" 4CP (20J0 J) 29. C0 t_~~_~_ i~a L•F. 24" RCP (1500 C) 35,90 • L.F. 36" RCP X2000 D) 1~'4~ ;°" L.F. 4g" qCP (12 JC ]) Y9. CJ __~ EA. Laf ch basin A Y' 75.00 __ _~ 2C 00. CO , EA. Ca[cn basin a 8' 29^0.00 EA. Catch has in 'a E2~ AEOC.00 i~i. -_ EA. Local dep ressicn Y' i00.J0 EA. Local depression 12' 1DJO.OD _~. EA. du net i~pn structure 50-C.00 -_ EA. Outlet structure, Std ?507 1500. C0 .__ EA. Gvard posts 500,00 __ L.F. Guard Danes (wood) aC. CO __ L.F, Gav<ut 25,00 EA. Ne adw all (40^ w;ngl a 2. LO __ L.F. Re^wp-] head e. OOC.00 ,__ S.F. landscaping 3 irn gat.nn L 76 --- L.f. Ap l' curb 2.c5 __ P. C. ~.) 7.A ____ ENG I.IE ER ING INSP ECiION fEE ajG 33 7 SU3 LOipL ,- • '0.E STORA7I011/O EL iN EpilOn Cp SM / 00~ COpI iNGENCY COSTS cSL hl-~ OEPOS IT (REF UgOA BLE) sec /w fp1iNFUl PER FORNANC. BOnO (100X) ~9y ,.,._ ' YOAUME N7AT i0N SURETY (CASH) a7/sue LABOR AND NAiERIpI dOt10 50X ( I 3au olu •Punuant to CItY at 8aneno Cuc angnga Nun tc loos Code, Title 1, Chapter 1.08, adopting San Bernardino County Code lit les, Chepters 1.5, a cash restoration/de Fl neation depos It tMll M jade Drl or to Issuance of an Engineering Canstru<li on Permt0. 8evlsed 3/84 ~ ~: RESOLUTION N0. E47-03-OBR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ANO FINAL MAP OF TRACT N0. 12830 WHEREAS, the Tentative Map of Tract No. 12830, consistfng of 103 lots, submitted by Citation Homes, Subdivider, located west of Beryl, south of 19th Street has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Mao Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements establf shed as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement Submitted herewith for approval and execution by said City, together with good and Buff icf ent Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: - 1. That said Improvement Agreement be and the same is • approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof 6y the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985. AYES: NOES: ABSENT: on i e s, ayor ~7 • CITY OF RANCHO CGCAIIOVGA STAFF REPORT DATE: July 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer ~cG~sip~ s`/ ~y ~- ~\>, i' r ~ Y. FI ~ ~Z .+ > 19Ti SUBJECT: Approval of Professional Services Agreement with G.P.S. Consulting Civil Engineers to perform Plans, Specifications and Estimates for Lemon Avenue Reconstruction from Archibald to Hermosa with designs for box culvert crossing at the Alta Lana Channel On April 19, the consulting firm of G.P.S. Consulting Civil Engineers submitted a proposal for P.S. & E. (plans, specifications and estimates) for the subject project. This firm is noted for experience in similar workings and turn key operations. The narrow bridge over the Alta Loma Creek is considered notably hazardous, made so by the recent widening of the street by a new housing development. A negotiated fee not to exceed E34,200.00 including the cost for error and omissions insurance is noted to be paid for from the Article 8 Se 325 funds for use on local streets. A 60-day design schedule is also to be noted. RECOMMEROATION it is recommended that Council approve the Professional Services Agreement with G.P.S. Consulting Civil Engineers to perform P.S. & E. for Lemon Avenue Reconstruction from Archibald to Hermosa with designs for box culvert crossing at the Alta Loma Channel far a fee not to exceed E34,200.00 to be paid from Article 8-SB 325 funds. tted, is i • PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 19 between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY') and G.P.S. Consulting Civil Engineers (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CI7Y has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of: Oesfgn and Calculation, Construction Drawings, Specifications and Engineer's Estimates for Lemon Avenue Reconstruction from Archibald to Hermosa with box culvert at gita Loma Creek Channel ("Project" hereafter). (ii) 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 "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Cortoni 55ion, City Council and staff in the preparation of Protect. (iv) CONSULTANT represents that it is qualified to perform such services and is willfng to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and 6ebween CITY and CONSULTANT as follows: B Agreement 1. Definitions: The fallowing definitions shall apply to the following terms, except where the context of this Agreement otherwfse requires: -1- • (a) Project: The preparation of Des ign and Calculations Construction Drawings Specifications and Engineer's Estimates described in ' Exhibit "A" including: but not limited to, the preparation of plans, maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted 6y C[TY with respect to the project, (b) Services: Such professional services as are necessary to 6e performed by CONSULTANT in order to complete the project. tc) 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 6y CONSULTANT at public hearings regarding the project • acceptance for construction is set forth in Exhibit "3". 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A and "D" 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 alt maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" and to CITY within the time specified in Exhibit ";", Copies of the documents shall 6e in such numbers as are required by the CITY. CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are • n -p' ~~ ~c • deemed necessary. CITY shall receive revised documents in such farm and in the quantities determined necessary 6y CITY. The time limits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: • (a) To pay CONSULTANT a maximum sum of E34,200.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect casts or fees, including the work of employees, consultants and subcontractors to CONSULTANT. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after sa td 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 indivf dual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and -3- .~ J 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 fort'r. in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "C". Charges for additional services shall be invoiced on a monthly basis and shall be paid 6y CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT; (a) Hydrology and backup information for design of the box culvert at Alta Loma Creek. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to • complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties, however, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. • -4- / t( J • CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the City, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY, its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen • (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "C", on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the amount specified in paragraph 3 (a), above except as provided Sn paragraph 3 (d) above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CO?1SULTANT may not terminate this Agreement except for cause. 7, Notices and Des ianated Repr~~entativ~s: Any and all notices, demands, invoices and written concnunicat ions between the parties hereto shall be addressed as set forth in this paragraph 7. The below named I 1 U -5- -5 individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Norman K. Spielman, Project t4anager, for and in behalf of the CONSULTANT and Blane W. Frandsen, Senior Civil Engineer for and in behalf of the CITY. Any such notices, demands, invoices and written conmunications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has ohtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and • maintain at all times during the term of this Rgreemen[ the following policies of insurance: (a) Worker's Compensaton Insurance: Before heginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' Compensaton insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California labor Code Section 3700, every employer shall secure the pa}^nent 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' • ~ /-6- !~! • tompens anon or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before concencing the performance of the ~.aork of this Agreement". (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT'S sole cost and expense, CGNSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars (51,000,000.00) for bodily injury or death to any one person or fcr any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damage. • (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least 5250,000.00 for errors and omissions ("malpractice") with respect to lass arising from actions of CONSULTANT performing Engineering services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shad be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 6.(a) and (b) shall name as additional insured; CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and -~- CITY's elected officials, officers, employees, and agents; (2) the policies • are primary and noncontributing with any insurance that may 6e carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptiy upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Rgreemen t. 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 paynent by CONSULTANT of any and all legal costs and attorneys' fees, arising out of any negligent or intentional or wit lfull acts or omissions of the CONSULTANT in the performance of thie Agreement, including • but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12, Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, 13, Attorney's Fees: [n the event any legal proceeding fs instituted to enforce any term or provision of the Rgreement, the prevailing • -8- • party in said legal proceeding shall he entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14, Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to 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 6y all parties. IN W[TNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: • G.P.S. CONSULT[NG CIVIL ENGINEERS, INC. Norman K. Speilman, Exec. Vice Pres. CITY Mayor ATTEST: City Clerk -9- J -, . ~ - -. EXHIBIT "A" PROPOSAL TO CITY OF RANCHO CUCAMON GA FOR PROFESSIONAL fNGINEE RING SERVICES TO DEVELOP PLh15 AND SPECIFICATIONS FOR THE IMPP.OVEMENT OF LEMON AVENUE FROM AR CH IBALO AVEtIUE TO HERF105A AVENUE L April 1985 • ~.; / ~./ PROPOSAL CI1Y OF RANCHO CUCA1'ON G.A I Pl PR07EM ENi OF LEMON AVENUE u O UALIFI CFTIONS We believe that GPS is uniquely qualified to provide the consultant services required for the following reasons: GPS specializes in working with local government agencies. We have de- veloped a broad base of experience in the design of public facilities. This prior experience is beneficial to the City and of the utmost Sig- nificance for the successful and timely completion of this project. The professionals and designers at GPS have held various city staff positions and have considerable experience in the design of municipal street improvements. 3. The project manager (Norman K. Spielman) has considerable experience and 4ackq round bridge design and in the area of municipal street improvements to increase serviceability and life. This knowledge would prove valuable and cost effective to the project. RELATED EXPERIENCE ANO RE FE P.ENCES GPS has completed or are presently involved in Drojects with similar elements as the Lemon Avenue Project. A list of these prejec[s will be submitted upon request. Also, GPS has provided services to over 45 agencies and will submit upon request a list of agency Directors and City Engineers who are familiar with our firm and the high quality of our services, PROJECT MRNA GEMENT We believe that effective organization and management is vital to the success- ful completion of the project. In addf Lion, the commu nica tion~ between GPS and the City must be of the highest order throughout all phases of the pro- ject. For this reason, our approach is to assign a "Project Manager" who will be responsible far execution of the work program as well as be the principal contact with the City. He is responsible to see that the City's and Project's needs are met in a responsive manner, that technical work performance i5 at a high level and that project coordination is properly attended to, GPS proposes that Mr. Norman K. Spielman, Executive Vice President, will serve as Project Manager. Hr. SDie lman has been involved in Municipal Public Works Planning, Design and Construction since 1955, During this time he was employed by the Cities of Santa Ana and Costa Mesa prior to forming GPS in 1973. He has considerable experience in projects involving reconstruction -1- of municipal streets in developed areas. Mr. Spielman has administered from • planning to completion many projects similar in requirements to the proposed Lemon Avenue Project. 5u rveying for the project will be supplied by L.P. Leavitt and Associates, Mr. Leavitt has over 32 years experience in civil eneineeri ng and land sur- veying, including providing surveying services an numerous street improvement projects. PP.OJECT SERVICES We have field reviewed the proposed project and discussed the project require- ments with the City Staff. Based on this and the information in the request for proposal, we have developed a program to meet the primary goal of pro- viding detailed construction plans, specifications and cost estimate for the improvement of Leman Avenue. Our proposed services are outlined below. The purpose is to detail our approach so out intent is clearly defined. 1. Orientation and Research A. Hold preliminary meet in9 with City S[a ff. Purpose is to review the project, present initial re quiremer.'.s and establish procedures and criteria. B. Lollect any additional information pertaining to the project. • C. Review and formulate scope with City Staff and provide direction for soils and survey work, 2, Field Design Survey Obtain the fol lowiny field survey: A. Centerline control and stationing from Hermosa Avenue to Archibald Avenue. 8. Topography within limits of north right of way to south edge of pave- ment. C. Cross sections at approximately 50 foot intervals. Elevations of curb returns on side streets will be provided D. Limits of the project are: 1. East side of Archibald, 100' N of curb return on north side of Lemon and curb return and join existing 100' south of Lemon. 2, South side of Lemon from curb return at Archibald to 170' ~ east. • -z-^~i /y 3. tlo rth side of Lemon from Frchibald to London, • Items 1-3 are widening to the ultimate of S4' curb - curb. 4. Rehabilitate existing section from channel to Nermosa. 3, Street Condition Evaluation A field evaluation of the existing street cand it ion would be performed to provide the design parameters and extent of the project elements re- quired. This phase of the project would consist of the following pri- mary functions. A. Review existing soils/pavement analysis reports. B. Investigate the existing pavement condition and make recommendations, including the need for additional soils work. C. Map existing pavement conditions. D. Determine pavement design using Traffic Index supplied by the City. This includes recommendations for removals, retom paction and overlays. E. Request additional soils work, street and bridge. F. Determine other project elements that may be needed to meet the estab- • lished project objectives such as sidewalk replacement, drive approacn replacement, intersection improvements and etc., including the exit- ing cross gutter at Hermosa. G. Review the existing condition of the bridge at the Alta Loma Channel. Determine the structural stability and the feasibility of widening the existing structure. Present alternatives and economic analysis. H. Conduct hydrology/hydraulics study for channel at the bridge site. City to provide hydrology at Lemon. 4. Develop Project Elements Utilizing the results of the street condition evaluation phase, we pro- pose to develop a recommended project for discussion with the City Staff. A Dlan showing the recommended project elements and extent would be pre- pared along with a cost estimate. A meeting would then be held with the City Staff, The purpose of this phase is to formulate the final project scope prior to preparation of the construction plans. Construction Document Preparation Upon approval of [he final project scope, and the construction document preparation phase would begin. This phase consists of providing the following services: n ~J -3- A, Prepare Droject title sheet on City Standard original showing the • following: - Project title - Vicinity and location maps - Sheet index - bench mark and basis of bearings - Construction items and quantities B. Construction Plans - Plan and profile sheets would be prepared at a - scale of 1" - 40'. This proposal is based on designs and plans being ~ ~_ prepared to conform with the design report prepared by the City and dated December, 1983. The plans would include the following items: - Topography within street right of way - Right of way limits - Tract and lot numbers with lot lines - Survey centerline control - Construction elements clearly defined - Profiles of existing and proposed top of curb and centerline - Striping Plan C, Prepare cross sections for design purposes only showing existing con- ditions and proposed construction. • D. Prepare street easements for six parcels. Lity will provide title reports. E. Prepare construction plans for bridge widening or replacement. Copies of bridge and related channel improvements will he submitted for plan check, to San Bernardino County Flood Control. F, Prepare special provision section of protect specifications using Green Book as Standard Specification. Project information would also be placed on "boiler plate" provided by the City. G. Prepare itemized construction quantity cost estimate. N. Upon completion of the preliminary plans, specifications and cost estimate, submit two (2) sets of each to the City of Rancho Cucamonga for review and comment. Meet with City Staff to discuss results of City Staff review. i. Make agreed on revisions and corrections to the plans, specifics tior.s and cost estimate and re-submit a5 above. J. Upon final completion, acceptance and approval of the plans, specifi- cations and estimate by the City, provide the Cf ty with one (1) set each of original specifications and itemized cost estf ma te. 6. Utility Coordination • A. Contact utilities per list provided by the City and obtain utility location information, -4 • 8. Plot utility location and information on the plans. C. Prepare preliminary utility notices and send preliminary plans to utilities. D. Monitor responses from utilities. E. Review conflicts and recommend mitigating measures. Additional de- i s gns required, including meetings, are not included in this proposal. F. This proposal is based on the final utility notice being handled by the City, 1. Files This proposal includes the preparation and maintenance of project files as listed in the request for proposals. [t is our understanding that only the information generated 6y the consultant is t b o e included in these files and it is the City's responsibility to tonsolida to the City d an consultant files at the completion of the project. 8. Construction Phase We propose to provide the following services during the construction phase f h o t e project: • R. Attend pre-construction meeting, B. Clarify plans and answer questions regarding the designs and specifi- cati n o s prepared. This does not inclutle redesign due to unforseen conditions ar fi ld i i e v s ts. PROJECT SCHEDULING The following project schedule will be implemented to perform the i ser to proposed v ces. The schedule would commence upon receipt of a to ntract or notice proceed, Days shown are cale d d dat n ar ays and represent total days from start e. 1. Hold initial Meeting 1 day 2. Complete Research 7 days 3. Complete Field Survey 21 days 4. Complete Condition Evaluation 30 days - 5, Develop Project Elements 35 days 6. Submit Preliminary P,S, 8 E 60 days • 1, Submit Final P,S, 8 E 1 days of receiving comme t n s -b- n~ Y J This is a tentative schedule only and can be adjusted to meet specific City . reeu irements. The schedule does not allow for delays outside the control of GPS. CITY RESPONSIBILITIES This proposal is based on the City assuming the following responsibilities: i. Make available and provide ail existing data and information retev ant to the proposed project. 2. Provide City Standard linen drawing sheets. 3. Provide all right of way engineering, negotiations and title reports. 4. Provide enfironmental documents and processing. 5. Provide Traffic Index. 6. Provide plans and specifications for 6idd ing. 7. Provide construction survey. 8. Provide additional soils reports. FEES GPS proposes to provide the services as outlined in this proposal for the • following schedule of fee amounts. These fees include meetings, reports and incidental costs associated with the work. 1. Orientation and Research including preparation and maintenance of files 2. Field Design Survey 3. Street Condition Ev au lotion including development of project elements 4. Hydraulics, Bridge report coordination with flood control 5. Construction Document Preparation including utility coordination - Construction Plans including title sheet and crass section - Specifications, Contract Documents Cost Estimate 6. Construction Phase 7. Error & Ommission Insurance ......................5 500.00 ......................5 2,400.00 ......................E 2,200.00 ... ...................5 3,880.00 .....................520,020.00 .. ....................5 1,200.00 ......................b 500.00 • ......................5 3,500.00 Total Fee E34,200.00 -6- • We propose that monthly progress payments be made for services performed at the following rates: Principal Engineer E70/hr, Project Engineer S55/hr. Project Oes igner $40/hr. Drafter 535/hr, Clerical $lI/hr, 3 Main Survey Crew E120/hr. 2 Main Survey Crew $100/hr, Office Survey $35/hr, Any public meetings or work sessions attended at the request of the City shall be paid for at the hourly rate stated above and is not included in the total • fee of $34,200.00 • _7 ryn EXHIBIT "B" • PROJECT SCHEDULING The following project schedule will be implemented to perform the prooosed services. The schedule would commence upon receipt of a contract or notice to proceed. Days shown are calendar days and represent total days from start date. 1. Hold Initial Meeting 1 day 2. Complete Research 7 days 3. Complete Field Survey 21 days 4. Complete Condition Evaluation 30 Aays 5. Develop Protect Elements 35 days 6. Submit Preliminary P,S, 6 E 60 days 7, Submit Final P,S, & E 7 days of receiving comments • • ~i • EXHIBIT "C" HOURLY RATES Principal Engineer E70/h r. Project Engineer 355/hr. Project Designer E40/hr. Drafter E35/hr. Clerical E17/hr. 3 Main Survey Crew E120/hr. 2 Main Survey Crew E100/hr. Office Survey E35/hr. Any public meeting or work sessions attended at the request of the City shall be paid for at the hourly rate stated aho•ve and is not included in the total fee of E34,200. 00 ~ ~ "~ r,mv nc~ n ~ wrr irn nt.n . • • __. ____.. .. ~.. ...,...... G~~,n.}iQ STAFF REPORT ~~' `~~ [, 9 zly 3 ,'r ~7 / ~I% DATE: duly 3, 1985 ~_~~ T0: City Council and City Manager 19` FROM: Lloyd B. Hubbs, City Engineer BY: Vartan V. Vartanians, Associate Civil Engineer SUBJECT: Release of Faithful Performance and Labor and Material Bonds for Tract Nos. 9441, 10046, 10047, 11609, 12237, 12237-1 and 12237-2 Work being performed under the Alta Loma Channel Assessment District 84-2 includes construction of certain storm drainage channels and facilities currently bonded in conjunction with the development of a number of tracts within said district. The below described bonds and the associated improvement agreements pertaining to the construction of said storm drainage facilities therefore, are no longer necessary. Tract Nos. 10046 and 10047 submitted by: The Anden Group, a California General Partnership: Faithful Performance Bond ....... ......E733,000.00 Labor and Material Bond ...............E366, 500.00 Tract Nos. 12237, 12237-1 and 12237-2 submitted by: Dick Scott lnc. a California Corporation: Faithful Performance Bond .............E392,000.00 Labor and Material Bond ...............E196,000.00 Tract Nos. 9441 and 11609 submitted by: Crismar Development Corporation, a California Corporation: Faithful Performance Band,...........E650,600.00 Labor and Material Bond ...... ........E325,300.00 RECOMMENDATION It is recommended that City Council authorize the release of Faithful Performance and Labor and Material Bonds and the respective improvement agreements for Tract Nos. 9441, 10046, 10047, 11609, 12237, 12237-1 and 12237-2. Re tfull s milted, L o Attachments ~' J Reference (Case Name) Farrar v. Stokes, et al. F11e No. 85-03917 CLAIM AGAINST A GOVERNMENTAL AGENCY (EQUITABLE INDEMNITY) The Southern California Edison Company, a corporation, hereby presents its clai,r. for equitable indemnity to City of Rancho Cucamonga 1. On (date) June 13, 1985 Southern California Edison Company was served with a Summons and Complaint, a copy of which is attached hereto, in which it is named as a defendant. 2. Said Complaint alleges that plaintiff(s) James P. Farrar suffered damages in the amount of unspecified • on (Date) .1„ly ifi, 1QAL dt (Location) FOO thin 9oLle Vard and Turner Avenue, Ranrhn Cucamonga, California as a result of the death of his wife arising from an automobile/ pedestrian acctdent on July 18, 1984, at the in[ersectton of Foothill noulevard and Turner Avenue in the City of Rancho Cucamonga, County of San Bernardino, State of California, as more fully ai leaed in the Complaint attach d h t E h~h~t A. 3. Southern California Edison Company contends that it is not liable for the events and occurrences described in plaintiff(s)'s Complaint; it further contends that the governmental agency [o which [his claim is presented is liable for said events and occurrences. 4. The amount of this claim cannot be determined with certainty until s~dh L3i~e.asl) ~ the lawsuit which is the basis of this claim is concluded. CITY OF RANCHO CUCAMONGA ADMINISTRsQION JUN 251985 ua 7(8191nIU1~111213141818 ~. ~.......,,t.. -. ~l. ~ MENDED SUMMONS ICITAC/ON JUD/C/AU NGTICE TO DEFENDANT: fAviso a Acusado) RORERTA MARIE STOKES, RICHARD HELTON, CITY OF RANCHO CUCAMONGA, STATE OF CALZFORNZA, SOUTHERN CALIFORNIA EOISON, and DOES 1 through 100, inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Ud. !e esla demandandol JAMES P. FARRAR You have 30 CALENDAR DAYS aHer this sum- mons is servad on you to file a typewritten re- sponse at this court. A letter or phone call will not protect you; your typewritten rtspOnse must be in proper legal Corm if you want the court to hear your case. If you tlo not file your response on time. you may lose tha case, and your wages, money and pro- penymay be taken without fanner warning Tram tha court. Thera are other legal requirements. You may want ro call an attorney right away. If You do not know an attorney, you may cell an amm~ey refer- ralservice or a legal aid office Ilisted in tha phone book/. l' CITVGOF~ ~ ~ ~ ~~ ~ • ADMANlSTO CTION 0 NGq ~ JUN 2g ~y~ 7i8i9/pllll>?111'2"~i4/$6 Despu,?s de que le enlrecuen efts rifa[irin judicial usfed fiene un plazo de 30 DIAS CALENDARIOS pars presenmr una respueslu escrifa a maquina en esfa cone. Una rasa o una llamada fdefdnica no !e plrtteni prolecridn; su respursfa escnfa a mdquina fiene que <umplir mn lot iormalidades leyales apropiadas si usfed quiere que la carte esmche su rasa Si usfed no presents su mspu<sfa a fiempo, puede perder el casq y le pueden quifar su saLtdo, fu dinero y gfms rotas de su propiedad sin aviso adicional par pane de la mrte. E.tisfen ouor requisiros /egaks. Puede que usfed quiere llamar a un abpeado InmediafamMfe. Si no rogore a pre aborada puede llamar a un servicio de frferoncia de aboeados o u una olicina de ayuda legal (sea el dirocsorio feleidnicol- Tree name and address of Ne court is: ffl hombre y direc<rdn de N cone e51 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNAROINO, WEST DISTRICT 1540 N. Mountain Ave. Ontario, CA 91762 The name, atldras. and telephone number of plaintiffs anorney, or plaintiff without an attomeg is: _ ffl hombre, la direccion y e/ ndmero de felt/ono de/ abagado de/ demandanre. o del demand~nre que no fiene abogado, esl J. ANTHONY SMITH OF COVINGTON S CROWS P.O. Box 1515 Ontario, CA 91762 _ -/ld /9R7-q i93 ~( r~ i3H5 Rovsraane LTavrr DATE: Clerk. by . Deourv (r~Yhal i ~ClWnp' .. .~nn.....i TO THE PERSON fiERV EO: You are serves as an indiwdual tlelendanL as Ina perspn sued under the fmuuouz name of fspecdyl: 3. a on behalf of /speedy/: under' r...r.,n e. ,,,. arx nr~e c«.,.~ c.,r... nn.nu its r.w.. ~ nui ~1 ~,~ CCP a16,f0 korporanonl CCP 416.20 Ipefunct cornprahpN CCP 416.a0 Iasspcml~on or panm ' other - / , .. r ,ems O CCP Q16.60 lmmad CCP 416.70 Iconaerval~ rro ..e en ,._.....~.. _.. ~' COVINGTON s CRO47E A [torneys at Law • 2 1131 West Sixth Street Post office Box 1515 3 Ontario, California 91762 Telephone: (714) 983-9393 5 Attorneys for Plaintiff 6 7 8 I iti~tJ i'T'~ ~~ 10p, -:.u~.:n.y..., SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNAADINO 9 WEST DISTRICT 10 )) JAMES P. FARRAR, ) CASE NO. OCV ilJ=~'%1' 12 ) 13 Plaintiff, ) COMPLAINT FOR WRONGFUL DEATH 14 v• ) • 15 ROBERTA MARIE STORES, RICHARD ) HELTON, CITY OF RANCHO CUCAMONGA, ) 18 STATE OF CALIFORNIA, SOUTHERN ) CALIFORNIA EDISON, and DOES 1 ) 17 through 100, inclusive, ) 18 Defendants. ) ' 19 Plaintiff alleges: 20 INTRODUCTION 21 This is an action brought by Plaintiff, James P. Facrar, 22 against Roberta Marie Stokes and Richard Helton arising out of an 23 automobile/pedestrian accident wherein Plaintiff's wife, a pedes- 24 Irian, was lawfully crossing Foothill Blvd. when she was struck 28 by a cac negligently operated by Defendant Stokes and owned by 26 Defendant Helton. Her injuries resulted in her subsequent dea tli, 27 Plaintiff also files suit against the Stale of California 28 and City of Rancho Cucamonga for failure to take precautionary 1 measures to insure the safety of pedestrians a[ [he location. 2 the accident. 3 Finally, Plaintiff sues Southern California Edison for its 4 failure to maintain adequate lighting at the intersection in 5 issue. 6. FIRST CAUSE OF ACTION 7 (Negligence Against Defendants Stokes, Helton) 8 1. That the true names and capacities of Does 1 through 9 100, inclusive, and each of them, whether individual, corporate, 10 associate or otherwise, ace unknown to P1ainCiEf who therefore 11 sues said Defendants, and each of them, by such fictitious names. 12 Plaintiff will amend this Complaint to include their true names 13 when the same have been ascertained. Plaintiff is informed and 14 believes and thereon alleges that each of the fictitiously nan~ 15 Defendants is Legally responsible in some manner for [h~= 16 occurrence herein alleged, thereby proximately causing 17 Plaintiff's injuries and damages as herein alleged. 18 2. Plaintiff is informed and believes and thereon alleges 19 that ae all times herein mentioned Defendant Roberta Marie Stoker 20 and Richard Helton were residents of the County of San 9ernar- 21 dino, State of California. 22, 3. Plaintiff is informed and believes and thereon alleges 23 that at all times herein mentioned Defendant State of California 24 was and is a sovereign state of the United States of America. 26 4. Plaintiff is informed and believes and thereon alleges 26 that at all times herein mentioned Defendant City of Rancho 27 Cucamonga was and is a municipal corporation of the State 28 California. z ~-, u • 5. Plaintiff ~is informed and believes and thereon alleges 2 that Defendant Southern California Edison was and is a 3 corooration organized and existing under the laws of the State of 41 California. 5 6. That the Defendants Richard Helton, and Does 1 through 6 5, inclusive, and each of [hem, at all times herein mentioned 7 were the owners of a motor vehicle referred to in this Complaint 8 and generally described as a-1971 Plymouth automobile, bearing 9 California license number 062 CTH. 10 7. Plaintiff is informed and believes and thereon alleges 11 that at all times herein mentioned Defendants Roberta Marie 12 Stokes, and Does 6 through 10, and each of them, were operating 13 the said 1971 Plymouth automobile with the consent, permission 14 and knowledge of the remaining Defendants. 15 B. At all times herein mentioned each of the Defendants 16 was the agent and employee of each of the remaining Defendants 17 and was at all time herein mentioned acting within the purpose 18 and scope of such agency and employment and was operating the 1g aforementioned automobile with the consent and permission of each 20 of [he remaining Defendants. 21 9. That on or about July 18, 1984, Plaintiff's wife, 22 Dorothy Lou Farrar, Deceased, was walking across Foothill H1vd. 23 at the intersection of Foothill Blvd, and Turner Avenue in the 24 Ci[y of Rancho Cucamonga, County of San Bernardino, State of 26 California. 26 10. At said time and place, Defendants Stoker and Does 6 27 through L0, inclusive, and each of them, so negligently 28 encrusted, managed, maintained, drove and operated their said 3 ,. 1 motor vehicle at or near the said intersection in said County State by failing to yield the right of way to the decede: ., thereby causing said automobile to collide with and strike Dorothy Lou Farrar, causing her death. ' 11. Immediately prior to death, Decedent was an adult person, in good ph ysicai and mental condition, and was a Faithful and dutiful wife. 12. That as a proximate result of the negligence of said Defendants, and each of them, and the death of Dorothy Lou c^arcar 10 Plaintiff has been deprived of the socieey, comfort, protection, 11 services and support of said Decedent and has thereby sustained 12 general damages in a sum in excess of this Court's minimum 13 jurisdiction. 14 13. Plaintiff incurred medical expenses in the care 16 treatment of decedent before she died and funeral expenses 16 incurred by Plaintiff Eollcwing her death. 17 SECOND CAUSE OF ACTION 18 (Negligence Against Defendants City of Rancho Cucamonga, 1g State of California, and Does 20 through 25, inclusive) 14. Plaintiff realleges and incorporates herein by 21 reference paragraohs 1 through 9, inclusive, of the Complaint as 22 though set Eoreh herein at length. 23 15. Plaintiff is informed and believes and thereon alleges 24 that said foothill Blvd. at or near the Location of the accident 26 as previously described was at all times relevant herein 26! designed, constructed and maintained by Defendants State of Cali- 27 focni a, City of Rancho Cucamonga and Does 20 through 28. II inclusive. a ,- . • • 16. Plaintiff is informed and believes and thereon alleges 2 that on or about July 18, 1984, and at all times relevant before 3 [hat date, the said highway was negligently and carelessly 4 designed, constructed and maintained 6y said Defendants, and earn 5 of them, and was in a dangerous condition in that said hichway 6 SR66, nmore commonly known as roothill Blvd., at or near its ~ intersection with Turner Ave., contained no marked crosswalks, no 8 traffic signals, and had poor overhead lighting, in an area 9 fre vented b g y pedestrians crossing Foothill Blvd. at such inter- 10 section. 17 17. Said Defendants so improperly and defectively designed, 12 constructed and maintained said road so that its condition was 19 capable of causing and did cause personal injuries and wrongful 14 death to the user and consumer thereof and bystanders while being 15 used in a reasonably foreseeable manner, thereby rendering said 78 road unsafe and dangerous for use by [he consumer, user or 17 bystander. 18 18. The defective and dangerous condition of Said road as 19 outlined above did not contain adequate regulations, signs or 20 notices so as to warn pedestrians that said road was in a 21 dangerous condition. 22 19. s^aid Defendants, and each of them, at all times herein 23 mentconed had notice of the dangerous condition of said road in 24 that said condition had existed for a long period of time and 25 said Defendants, and each of them, in the exercise of due race 26 should have discovered the condition and its dangerous character. 27 20. Plaintiff is ir.Eormed and believes and thereon alleges 28 [hat because of the said negligent conduct of said DeEe ndanis, 5 ~, ~ 1 3 4 5 6 and each of them, an accident did occur on or about Jury 1991, on said road, wherein the above-described au to mobi L which was Sting driven by Defendants Roberta Marie Sto'<es and Does 6 through 10, inclusive, struck Dorothy Lou rr^a rza r, causing her death. 21. Pla intifE realleges and incorpoca tes herein by 7 ce Ee ce nce paragraphs 11 through 13, inclusive, of the Co mn faint 8 as though set forth herein at length. 9 22. On October 26, 1984, Pla int ifE duly pre stn ted claims 101 for injuries and damages that are the basis of this Co mo la iat to 11 the State of California. Pla intiEE is informed and believes and, 12 based thereon, alleges that those claims were rejected in their 13 entirety on March 26, 1904. 14 23. On October 26, 1984, Plaintiff duly ore sent_d cla i. 15 Eor injuries and damages that are the basis of this Co mo la int to 16 the City of Rancho Cucamonga. Plaintiff is informed and be Lieves 17 and, based th_reon, alleges that those claims were rejected in 18 their entice ty on March 26, 1984. 19 THIRD CAUSE OF ACTION 20 (:ieg fig tore Against Southern California Edison) 21 24. Pla inti EE realleges and incorporates heeein by 22 reference narag raphs 1 through 9, inclusive, of the Co mo la int as 23 th ouyh set forth herein at Length. 24 25. Plaintiff is informed and believes and thereon alleges 25.I ~ that the street lighting on said Foothill 31v d. at or near the 261 location of the accident as pceviousl7 described was at all ti~ 27 re Levant herein designed, conStruc ted and maintained by Da Eendan. 28 ~ Southern California Edison. 6 , l \ 11 2G. Plaintiff is informed and believes and thereon alleges • 2 Ghat on or about July 18, 1984, and at all times relevant be Eoce 3 that date, said street lighting was negligently and carelessly 4 designed, constructed and maintained by said Defendant and ~.uas in 5 a dang ecous condition in that the street light near the scene of 6 Gilt accident was not working. This negligence caused said 7 in to csection to be unceaso nab ly dangerous to pedestrians crossing 8 Foothill 81v d. at or near its in tecsect ion with Turner Ave. in 9 that such pedestrians, at night, were difficult to see by 10 motoeists. 11 27. PLa in tiff is informed and Se lieves and thereon alleges 12 that as a proximate result of [he said negligent conduct of said 13 Defendant an accident did occue on or about July 18, 1984, on 14 said road, wherein the above-described automobile which was being • 15 dciv en by Defendants Roberta Marie Stokes and Does 6 through 10, 16 inclusive, struck Dorothy Lou Parra r, a pedestrian who was 17 lawfully walking across Foothill Blvd. at said location, causing 18 her death. 19 28. De Eendant at all limes heroin mentioned had notice of 20 the condition of the street lighting in that said condition had 21 existed for a Long period of time and said Defendant in the 22 exe cc ise of due care should have discovered the condition and its 23 dang ecous character. 24 29. Plaintiff realleges an9 incocpora tes herein by 25 re Ee rence paragraphs 11 through 13, inclusive, of the Complaint 26 as though set forth bete in at length. 27 IJH ER EFOHE, PLa intifE prays ju dq ment aqa lost the De Eend an ts, 28 and rack of them, as Eo llo~+s: 7 .-~ f, r, it 1• For general damages according to proof; • 2 Z• Foc costs of suit 3 incurred herein; and 3• For such other and further relief as i just and ocope r. the Court may dee II Dated: _ i 7 8 9 10 11~ 12 ~ 13 i 14 15 16 ~~ 18 ', 19 20 i 2,11 24II 25 i1 26!~ 2;i lei [:salso COVINGTON b CP.OYlE BY: II! ~ ~i ~ Attorney ~OOr Pla intiEf _ • 8 •/, ti • DATE: June 27, 1985 T0: City Council FROM: Ritha rd M. Dahl Mayor Pro Tem SUBJECT: Appeal CITY OF RANCHO CL'CAMONGA MEMORANDUM ~c~~"hT. `~~/ f F ~. ~,;_'sK \ x Cdr .'~ `~> - A z _ ~, Z -_ Ipq. I appeal the Planning Department's decision to approve a Tree Removal Permit No. 85-20 to remove four (4) eucalyptus trees in the Pacer Homes Tract No. 12522 located on the north side of the Southern Pacific Railroad inbetween Archibald and Ramona. .Y ce ._ ( //z ~ ~~~ >` '- Richard M. Oahl Mayor Pro Tem 9~ ~ FOR COUNTY USE ONLY ~„ COUNTY OF SAN BERNARDINO c' .~ • STANDARD CONTRACT ceww ow.nm.m SHERIFF co..nx< N„mn•. coentr o•p•.w•m tonvx: n.o.•xn<•ux cbrnx:or, ~~t.nx ... b•. YLE L. RETHERFORD vn E.. 2777 "ubp•t Unlt No. Sub-0bi•ct Na, punb M1e Job No. 4mau nt o. Concoct 401 9646 001 53,378,788 v.exoe N•m• mmpux m• tpnbw~np n en. p.vm•n. o..x• ov p.rm.nt. Eamx• 12 IApp.OU m•x Amount E•cn Per Sc hedu'e°/ THIS CONTRACT is entered into in the Stale of California by and between the County of San Bernardino, hereafter called the County, and N•m• CITY OF RANCHO CUCAMONGA hereafter called CITY Aee.x• P. O. Box 807 Rancho Cucamonga, California 91730 roan. einn o•t. r.a.,•: io Nn. n, sne~a sxe.nv No IT IS HEREBY AGREED AS FOLLOWS: fuse space ae/ow wrd additional bond dmatr. Sat lorth :nice to he Jendemd, amount ro a paid, manJror o/payment time for peAOrmsnce or completion, demrminatian o/ satisNcrory peAormarxa and cam /or mtminaripn, otlMr nsms and candidons, atM attrh Pl~rs, JyJSCi/iudans, nd addenda, ilnY•1 MIIEREAS, City and County desire to provide by contract • for performance of law enforcement services within the territorial bound artes of City, NON. THEREFORE, IT IS AGREED AS FOLLONS: I. County shall provl de, through the Sheriff of San Bernardino County (hereinafter referred to as "Sheriff"), law enforcement within Lhe corporate limits of City es same now exl st, or as such limits may be mod ifled by annexation or exclusion during the term oC this agreement. *.I. The lau enforcement services to be provided by County and furnished to City hereunder shall include: A. Enforcement of state statutes; B. Enforcement of ordinances of City of the type customartly enforced by the Sheriff within the unincorporated territory of the County; ~~ •sp t of _I 1 2 3 4 3 6 7 9 10 11 12 13 14 13 16 17 18 19 2A 21 22 23 z4 23 26 27 28 C. Police Drotection of the type cus tame rl ly provided Dy Sheriff within the unincorporated territory of the Canty; D. Traffic enforcement, with the exception of such traffic enforcement as may be provld ed by the Callforn is Highway Patrol on the freeway traversing City; E. All detective, Juvenile, and other spec Saliz ed services Drovi ded by Sherift in the unincorporated area of County such as arson, homicide, and narcotics enforcement; E. Attendance »t meetings of the City Council of City and su eh other meetings of commel ssl ons or boards of City as City may specify: G. Jail fac111 ti es and services except for violations of City ordinances which will be bi11eO to the City; H. All other lew enforcement services of the type customarily provided by Sheriff vlthin the unincorporated Brea of the County. III. Services to be provided by County shall include Sherlff'e personnel and automobiles as specified !n Schedule "A" for law enforcement services, Those personnel and automobiles are to be assf fined at the dtscreti on of the Sheriff haled on the needs of the community, The servtces r,o be provided by County hereunder shall also foci ude all equipment (including repairs then eio or depreciation thereon), supplies, conmunleations, administration, labor, vacation and sick leave, any County Page 2 of 9 `J • 1 2 3 S 6 7 6 9 10 11 12 13 11 13 16 17 18 19 20 21 22 23 24 25 26 27 2g retirement contra buttons and traveling expenses and all '. other services, obit gatlons or expenditures neces nary or Snctden tai to the performance of the duties to be performed by Sheriff under the terss of this agreement, There shall De no reduction in County compensation under Lh is agreement for normal downtime of vehicles. In all instances where special suppli ea, atmtionary, notices, forma and the like are Lo be SasueO in the name of Clty aM approved by the Sheriff, the same shall be supplied by CSLy at its own cost and expense. rv. Sn con sideratfon for County's furnishing and performance of sll the services prorided for herein, City shall psy to County, upon contr wt approol, the sum as per Schedule "A •, attached per year, payable in Lwlve equal monthly installments at the beginning of each cal endar month during the period of this agreement, First payment shall be due on July 15, 1985, the rams Sning eleven paymnts shall De due prior to the fifth day of each month. Said sum is mobJect to ad,lumtment for any salary increases or fringe benefits which may be granted Dy the Board of Supervisors to Sheriff's employees, The actual cost of overtime, court appearances, vehicle Cuel and r. aintenance and travel ez Denses tr.curred between July 1 and June 30 will be bl ll ed quarterly. County shall have the right to renegotta to the rate for services performed under this agreemrn t. at the end of each fl sc al year, and said rate may be ad,J usted upward or downward to reflect the actual cost, ..~ Page 3 of 9 i I ~ City Sa re spon slDle far the valldt ty of SW 2 ordinances, inclu dl ng any ordinances or codes incorporated 3 Dy reference in City's ordinances, and City shall defend, 4 hold harmless, and lndeanlfy County, Sts officers and s employees with respect to any lawsuit or action challenging 6 the validl ty of a City ordinance or with respect to any 7 allegetlon that any arrest, citation, or other action taken Dy County Sta officers or empl oyeea vas taken under an f invalid City ordinance, except to those cases where the 9 Snvalt di ty of such ordinance is the result of actl ons Dy 10 the Sheriff's Department, 11 Otherwise than is stated Sn this agreement, City shall l2 not De o0116ed to Day. and assusma no 11aD111ty for any l3 coat, expenditure, charge, or 11 ability whaWoever tncurred 14 Dy County Sn or related to the performance of the 13 provisions of this agreement Dy County, and Count? shall, 16 in con stderetlon for the psysmnt of the sums herein shove` 17 provided to be paid in City, hold City harmless from any 16 end all au ch other costs, expenditures, charges, or 19 11aDilities except as otherwise provided in this 20 agreement. City shall not be liable for eompen cation or 21 Sndemn tty to any County employee for Sn,lu ry or sickness 22 arising out of hSS employment while engaged to the 23 performance of this agreement. Dy County. 24 City shall hold County harmless for a reduction to law 25 enforement services result inq from labor relatt ons ac ttons 26 and City's oDli gation to Day County shall De reduced for 27 se rvtces not performed for that reason. 28 Page 4 of 9 l I 1 V. • Z The term of this contract shall be a period of time 3 commencing at Suly 1, 1985, end termineting only as 4 hereafter provi tled, This egraement may be terml noted et. S Any tl me with or without cause by CS ty or by County upon 6 written nott re given to the af,h r~ at lecs~ one hundred ?nd 7 el gh ty days (1A0, before the date specl FS ed for such g trrmi nation. Any such ter ml naci on date shall coincide with g the end of a calendar month. In the event of such 10 termination, each party shall ful'.y pay and discharge all 11 obli qa ti ons in favor of Lhe other accruinq Drior to the 12 date of such Fermi nation and rash party shall he rrlrased 13 from all oDll gatl ons or performance whl ch would otherwise 14 accrur subsequent, ho thr date of such trrminati on. In the • is event of termination of this agreement, the County shall 16 refunA zny sum prevt ously paid 6y City, wh7 eh when prorated 17 represents advance payment for months of service which are lg I not performed as a result of such trrmi nati on. Nelth er Ig party shall incur any liabt li ty to the other Dy reason of 2U such t.rrmina ti on. 21 0.ny and all not? ces required to be qi ven hereunder ~ shall be given Ln arlting by registered or certifl ed mail, 23 Pos t.age prepaid. The addresses of the part,t es hereto until ,u tLrther notice are as follows: 23 C?TY: Ma or City of Rancho Cucamonga Post Office Box 867 26 Rancho Cucamonga, CA 91130 27 couNTy: Board of Supervisors County Government Center Zg 385 N, Arrowhead, Sth Floor San Bernardino, CA y Page 5 of 9 1 2 3 4 J 6 7 e 9 10 11 12 13 14 IS 16 17 IB 19 211 21 22 23 u 23 26 I 27 28 V:, The sta nderds of Ferfonance, the methods of perforrnce, the dt selpline of officers, the control of personnel, the advancement Sn cospen satlon of personnel, the determl na Cion oC proper law enforcement practices and procedures, and all other matters Snc Sdentel to the Banner oC perforrnce of ser vices by Sheriff hereunder shall De determined Dy Sheriff In his sole discretion, The responai Dil lty of She rift end of County to City hereunder shell De to provide, •e sn lndsperWent contr setin6 +{enoy, effective law enforcement of the level herein contracted tar, and the City shall not he ve the ri{Dt to determine or dir act the rnmr or rang of the pertormmnmm. rxx. - All persona directly or Sndirectly employed Dy Cwnty in the performance of the services aM tUnc Liana to De provided to CSty he reuMer, shall De employees of Cwnty,- and no County employees shall ha va Ctty pension, et vtl service, or other status or right, Mctrlthstanding the foregoing, and !n order to give officio status to the perforrnce of duties Dy Sheriff's personnel hereunder, every Sheriff's of Clear or employee engaged In performing any such service or funetlon shell De deemed to be an oCft car of CSty while performing service for City within the sc oqe of Lhis agreement, and such se rvlce fu nation shall be a municipal funceton, An arrest made Dy She ri it's personnel while engaged In the performance of Cols agreemMt shall constitute an 'i Page 6 of 9 •~ • r~ L • 1 2 3 4 3 6 7 9 10 11 12 13 14 13 16 17 IE 19 20 21 22 23 24 23 26 27 arrest by en officer employed Dy CS ty, and not an arrest by County of tf car, within the meaning of Sec tlon 1u63 of the Penal Code and any similar or related statute. VIII. City shall have the rl ght et any time and from tl me to time during the term of this agreement to request a higher level of law enforcement then that herein contracted for, and within a reasonable time after au ch requests, Cwnty shall provide such additional personnel and vehicles es may De required to provide such additional law enforcement. In such event, all provisions of this agreement with respect to compenaatton to ^e paid by City shell reaein in full force and effect, but Sn addition to payment of the soma herein provided, City shall pay Cwnty Sn aonthly Snsta llments the cost of such additional law enforcement service. lI, In the event of riot, e1v11 eommtlon, or other emergency Sn the City which requi rea addl tlonal emergency or "beck-up" asrvlce, Cwnty shall provide Lhe same. In the event of authorized public gatherings in the CSty requiring additional pollee services, salaries end related costs shall be borne by City, except. where such authorized public gathrings occur on State or Federal property within the City limits, such additional costs shall not be chargeable against the City. Not Included in riots or rela had xrJlces are salaries or related costs of additional pollee services for Page 1 of 9 1 2 3 4 3 6 7 9 !0 11 12 13 14 IS 16 17 li 19 2D 21 22 23 2a 23 26 27 28 authorized pu bile gatherings. In the event of such an emergency outal de of the corporate 1l mits of City, personnel or equipment asst geed 6y Sheri ft to the performance of County's duties hereunder, may De utillz ed by County Sn connection with such emergency, and the Clty shall De rel mbur sad for any resultant service not performed. x. To fac Slitate the performance oC services hereunder Dy County, CS ty, its officers, agents, end employees shell give their full cooperations and asst stance vlthln Lhe scope of the dutl es and responsiDi ll ties of such officers, m4ents, and employees. - City shell hold Cwnty, its Sheri tf, officers, end employees harmless froo any end ell 11 aDi li ty for intentional acW or negligence on the part of City, its officers and employees (ezcluOing any employees of County engaged in the performance of municipal duties hereunder) srlsing out of tae perfonsnce of thta contract. II. Sheri tf shall be deal grated es the Chief of Police of City at all times during the term of this agreement, Said Sheriff shall appol nt a dr. puty or officer assigned to work diree tly with and provide Matson wtth the City Manager and other City of flcars of the City. The Sheriff's Deputy shall make regular monT,hly reports to the City Manager, and such other reports as may be appropriate as determined by the Sheriff, with respect to law enforcement witain the corporate limits oC City, Page 8 of 9 xll. This agreement r_pl aces the prior agreement between the parties which prlor agreement shall terminate upon the effective date of this agreement. L COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors Dated ATTESTED: .~,..o.~.a,0 Y- ca~~rr co . i o.,. 6 (~ ~~~5 By ~ ISrsre ~/como~ar o~ company erc,i Dated ra~mo-ree s,y~,mre~ Title Address on"o~ a•.~•ww •o..~aou,.a a•~w nami~nnnorcno o•e• SCH F.DULE "A" RATES LAW E!JFORCEMENT SERVICE CONTRACT CITY OF RANCHO CUCAMONGA FY 1995-86 SERVICE 5 - 168 Hour Oeneral Law Patrol Units 1 - 112 Hour General Law Patrol Units 2 - 80 Hour General Law Patrol Units 9 - 40 Hour General Law Patrol Units 2 - 80 Hour Traffic Patrol Units (with radar) 4 - 40 Hour Traffic Patrol Units (with radar) 5 - 40 Hour Detective Units Captain and Car Sergeant's Marked Unit Additional Unmarked Iln it Marked 4-Wheel Drive Patrol Unit Deputy I (1) Radio Dispatchers (5) Senior Deputy Differential (3) Secretary II (1) Secretary I Differential (1) Extra Help Safety (3/4) Transr.riber Typist II (2) Travel Expense County Direct Cost County Direct Cost are those costs assessed to the Sheriff's Department by the County for: Personnel Liability Insurance Fee Personnel Rondinq Fee Vehicle Insurance Fee FY 1985-86 COST $ 1,380,665 ** t9A,697 ** 269,856 ** 203,775 ** 270,758 ** 273,504 ** 36o,uA5 "* 69,440 ** 5,656 ** 4,735 ** 6,429 *+ 38,296 112,650 11,631 24,621 999 16,807 4u,o38 4,000 59,084 TOTAL $ 7~'75~12~~ Monthly Payment Schedule: • 1st Payment Due July 15th, .A 279,679 2nd through 12th Payment Due 5th of F,aeh Month $279,0'%7 ADDITIONAL CHARGES BILLED QUARTERLY: * Overtime: Overtime and court appearances estimate Cor FY 85-A6 is $109,946. Actual overtime will be bil]ed quarterly. Vehicle Maintenance; F.s timated maintenance cost based on 936,000 miles @ 122 per mile is $112,17.0. Actual cost will be billed quarterly. K-9 Charges: Cost for food, medical expense and etc., will be billed . quarterly. * Proposed, sub,j ect to change due to Memorandum of Understanding changes. ** Less Fuel and Maintenance (RCSCDA) Revt n.mv nc n r vnvn nvn w unvn ~ • o ~-°1~ STAFF REPORT -,~ , 9 2`' j ,- -,! '' ~~- ~~ i GATE: July 3, 1985 --- - i~rr T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Nancy Fong, .Assistant Planner SUBJECT: APPEAL 8Y THE ADJACENT PROPERTY OWNERS ON THOROUGHBRED STREET OF THE PLANNING COMMISSION'S DECISION APPOVING TENTATIVE TRAC 3 - PLA A BUILDERS BACKGROUND: On May 1, 1985 the City Council reviewed the appeal of the Planning Commission's approval of Tentative Tract 10349 and continued this item to July 3, 1985. An Ad Hoc Committee was established by the City Council at the May 1st meeting so :hat the developer could work with this Committee to resolve issues of circulation and neighborhood compatibility. On May 9, 1985, the AO Hoc Committee established criteria for the developer to redesign Tentative Tract 10349. On June 13, 1985, staff had met with the developer to review their progress in addressing the criteria. On June 25, 1985, the Ad Hoc Committee reviewed the redesign of Tentative Tract 10349 based on those established criteria and made the following recommendations as shown in the attached table. The redesigned elevations and the circulation system for Tentative Tract 10349, based on the established rr iteria, were generally acceptable to the Ad Hoc Committee. Listed below are three issues that require the City Council's determination tonight: 1. The Ad Hoc Committee rewmmended a higher pitched roof (6/12 or 7/12) for the one story elevation. The Rd Hoc Committee felt that a higher pitch roof for the one-story elevation provided better compatibility with the existing Thoroughbred homes. Exhibit "A" shows the different roof pitches from low, medium to high. 2. The developer's proposal of offering a 32,000 front yard landscaping allowance for the homeowner to install the plant material within a fixed period of time versus the Ad Hoc Committee's recommendation of providing such landscaping services to the homeowners by the developer. The developer stated that providing such landscape services could create potential liability for the builder and may also lead to "cookie cutter" front yard landscaping design. The Ad Hoc Committee felt that providing such services is an amenity for r J~ the perspective home buyer whc could work with the builder's selected landscape contractor in designing the front yard landscaping and providing continuity throughout the project. 3. The developer requested that City Council consider an increase of number of lots Lo 51 versus the proposed 53. The original tract map that had expired was approved for 58 lots. The developer resuhmitted a tentative tract map of 53 lots where 5 lots were eliminated in order to comply with the required minimum average lot size of 22,500 square feet. Therefore, the increase of four lots to a total of 57 lots would decrease the required 22,500 square foot minimum average lot size. Should the City Council concur with this increase in the total number of lots to 57 lots, a variance would be required. The City Council would have to refer the variance matter to the Planning Commission for their review and approval as a tentative tract condition of approval. RECOMMENDATION: If the City Council concurs with recommendations of the Ad Hoc Committee, staff recommends, with the consent of the applicant, the item 6e continued to a jointly agreeable date to allow the developer to make the necessary corrections for the City Council's review and • approval. Res ctfull ~bmitted, R ck ez 'ty la r G:NF:jr Attachments: Tah le I Exhibit "A" - Low, Medium, High Pitch Roaf Minutes of May 9, 1985 Ad Hoc Committee . J -- _ --_--___ --- 4/12 LOW PITCH S/72 MEDIUM PITCH • _- ' _- - 8/12 MEDIUM PITCN - --__ - ~ 7/12 HIGH PITCH a9D CITY C+l: ITEM: 9f 10389 RAI`'CI-I(~ CLK'AMC~'GA TITLL•~~~[~~f~~~~ PLANNING DIVISION EXtilIilT~ ~~ ~ SCnLE~~_ `~ MiNU TES OF .MAY 9, 1985 PLANNING COMMISS [0"1 AO HOC COMe[TTEE MEETING FOR TRACT 10349 • The meeting of the Planning Commi 55 ion ad hot committee was held on May 9, 1985 at the Neighborhood Center. The purpose of this meeting is to estahlish criteria and specific recommendations for design review consideration on the redesign of Tentative Tract 10349. The following summarizes these criteria and recommendations: Architecture 1. Provide an architectural theme that is compatible to the Thoroughbred Street homes - Tract 95}0. This theme should be designed towards the Country/English or Country! French style through the following details: A. Roof materials should 6e of wood shake (fire retardant per City standards) or flat concrete tiles in earthton es. Red Spanish ti le is not compatih le. 8. High pitch roof and mansard should be provided. C. Mu 1t i-pane windows. D. Brick and fieldstone veneers should be provided on front elevations. • E. Chimney design should include brick or fieldstone veneer. 2. Floor plans should be designed to have a wider elevation and include side-on entry garages. 3. Provide an equal distribution of various size of floor plans ranging from a minimum of 2,400 sq, ft. to 3,000 plus sq. ft. On-Site Improvements. 1. Provide concrete driveways, curh and gutters. 2. Provide front yard landscaping that includes 80% sod, automatic irrigation system, 20% ground cover, and 25 5- gallon minimum size trees and shrubs. 3, Provide side yard (return) decorative masonry block walls or brick and fieldstone veneers. • Minutes of Plann inr ~mmiss ion Ad Hoc Committee ME,.-ing - TT 10349 May 9, 1985 Page 2 • Off-Site Improvements. 1. Provide north/south equestrian trails (see Altrnate 1) 2. Provide sidewalk on one side of the street per City standards. 3. Continue the same street trees on Thoroughbred Street (liquid amber trees). 4. After reviewing the two alternate circulation systems regarding traffic flow and drainage, the Planning Commission ad hoc committee recommended Alternate ~ as having the equitable flow of traffic (see attached). • i ~ _ __ ~l ~ _ ~ / ~ ~ ~ M I l ~ r ~ NIA ~.__~_ __ _. , -, r___ __ _~ .- '. I I -_, ~ 3- '~ e ll ~ a ~ • -. __. _ __.. nY% ~I~ ~ ~ C I ~ ~ ____ O f1 / i y W C L - r'. ~ ul _'___ ~~ ~~ ._ ~~ ^_ ~_ _ _ ^nnl~i-"~~- ..• ~r _ ~ 'I -J~ ---- III I i ~ --- --- ---,~ __ I i - ~ ~-_ ~ -- --_ - G - _ ^~ ~ ~ -: __- __ _--._3 -._ ~' v ~ i a e? ~t e J;tta4 'i +Ci: `• :-ii=.ie \~ f v ~~ \[V114 aI E F • J~ l Uv ~_Q~ ;. -- c `'' U = ''" ;~ =" ~ :'.., ~J _. '~ -S C ,_ - _ ~: ~i ~ ~.,, ~~~ ~~w r ~~I -- -- / _ _ --- ~~i ~ .I ~'i~ ~~! c ---- -- - -- __. -- -- -- J~, --- - _ - ~ ~_ ~JI `\ ~'~ • 1 ~.~ \~ V~~ - I '- _ _. I _ ___ `i~ -- _ o-_ ~~ I .__ _----__ '._._- I,L~_ ~ i i ~-- -._-~ -__- --._ __'r ___' , ~ i ~f d S . 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C V y o Ty O l~ d_ y a~E O ~ LVC u OLVY C Ge C q ~ ~ ~ u ~a >y ovy ~ _Am ~ ~ °b~8 ~~.. ~r _ = 8< <g TEU ?E .~iO Cav u T'f o 0 v c~ ~ • _ c= i~g ` c u U u aa ? n vine ; ~~-u~6/.eo ru C~nn `.aL N h E vE u i E' F °~~ u iV - _ h .~ _ j CEOV ~E - _ as P C Z O ' m ' _ ~ E a N rO N P d inN Nb uEN e N r • 5 8 „„ < t ~v > = ; -~ ° ~u-~ q~N a~ w < - y ~~ Y v a,u' °a ' +° 'c ~' °~'om uV N Y l~OU vYlt - p A yyyyd •E 'C C o ~ ~ Y ! ui g Q y~ ~ v E Li 0 + y ~ a d ~ P w pN N U yy 9C < LECi~GV y f r~uy u00~+ OY Ed O O i d q • q v x N~ p G aY D Eu iEC u y Sq ~ ~~ €v ~n l~c 8c ` a y ~ Yu ~ ~ _ C Z^ TC ~ ' W <°a A¢ v o c _ ¢ ~_ i.. - C ` Uo~~` • n aM ter.. cam. a o LL N r1 I .I ._~~~~~"`~ ;.r:..z .~; ' ' - i' ~ - v ' ,-- a ; - ~ '~- ' i - ~ ~ _ (,. ~ i ~,. e4`_ 3-~ ~'~_ d ~__-__ . . 3 i ii F~7 ~ ~~ V 1y .. r~` ~;- ~ ~ i ~ 1 ~ i ~ I ~ .4 ~'ti ry t~~~~, - f ~ ~ ~ \i4K- % .• ~ ~ _ ~,;~ .~~~, ~ i ~G .~~y G ~...~ ~ : , ~ ~ f,,~ , a ~ , , _ - ~ , , f, J G3 1 -y ~j ~~v~~ti' ~I'~ ; 1 /. ~h`a, ~~ .._ I ~ ~~ T' ~ ' A I ~ Y. a - - p. `hii~ ..--„ . ~ - _ ~ ,' ~ ~ ,1 t F _:~ ORDINANCE N0. 639-~~B~P Ufa 7 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PRRCEL NUMBERS 201-181-7-10, 59-60, 80-85 LOCATED ON THE SOUTH S[DE OF WILSON, BETWEEN HAVEN AND MAYBERRY AND INCLUDING THOSE PARCELS FRONTING ON THE WEST SIDE OF MAYBERRY FROM LOW MEDIUM RESIDENTIAL (4-8 DU/AC) AND LOW RESIDENTIAL (2-4 DU/AC) TO VERY LOW RESIDENTIAL (LESS THAN 2 DU/AC). 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 in the time and manner prescribed by law, reconmends 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. O. That this rezoning is consistent with the General • Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives of the Development Code of the City of Rancho Cucamonga. 0. This rezoning will have no significant environmental impact as provided in the Negative Oec larat ion 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. From Low Medium Residential (4-8 du/ac) and Low Residential (2-4 du/ac) to Very Low Residential (less than 2 du/ac) for the 20.2 acres of land located on the south side of Wilson Avenue between Haven and Mayberry anA to include those parcels fronting on the west side of Mayberry and further described as APN 201-181-7, 8, 9, 10, 59, 60, 80, 18, R2, 83, 84 and 85. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail Re ort, a newspaper of general circulation published in the City of ntario, a ifornia, and circulated in the City of Rancho Cucamonga, California. ~f ORDINANCE N0. 7=6~k9~B=~.' .~!n8 AN ORDINANCE OF THE CITY COUNCIL OF THE CI TV OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 2D1-252-23, 25, 16, LOCATED ON THE NORTHEAST CORNER OF ARCH I3 ALO AVENUE AND HIGHLAND AVENGE, FROM MEDIUM RESIDENTIAL (8-14 DU/AC} TO LOW MEDIUM RESIDENTIAL (4-8 DU/AC). The City Council of the City of Rancho Cucamonga, California, does ordain as foliows: 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 in 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 prescr ihed by law and duly heard and considered said recommendation. B. That this rezoning is consistent wf th the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives 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 2D1-252-23, 25, 26 approximately 9.75 acres in size and located on the northeast corner of Archibald Avenue and Highland Avenue, is hereby changed from Medium Residential (8-14 du/ac} to low Medium Residential (4-B du/ac). The Mayor shall sign this Ord ir~ance and the City Lterk shall cause the same to be published within fifteen (15} days after its passage at least once in The OailY Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. :~ ~'',a wFCloavrr of vusucarloa S7+AIE Ot? CAUFORkUA ~M'Y (X+SAN BSBNARDII'70 ~ . ~ nauri.^.a D. ae¢an do Mreby cerOfY than am the Legal Advahsns dQtc of THE DAILY REPORT. a daily d gene-a1 maculation. pahFi~ in Lhe Oily of llnta.-w. Cooaty and Stale ataraaid and that tic atfacted adwst+semer~ ~ Notice of Mea ring __ _.. ,.__ ._ - ~.;b Ti3iaFp awa r ~'n cn a rv r~ ~ o < pry c r~rno.t~wow m s aro ,mK ,kooao.~a•m~a~<e •n C1SY Ca unell _ 'r 1. W~i~]lt p'~.~d of "e ~ 'N <d rc~l City of Ranc~a Cucama n¢a "".°"e.;:" was p~tiirdm sad -na r > > _t ima _.-•?a rc"',:y wa•• g H ' ; ~°•. M .4 a f ~ V ..___.___ _ 0.5 '~ .•. e JP'EJ _ .. __ ._-.. ... 0-..°a_v n +E.E- ~~- June 21~ 1985 -•=xn, '°'° ~''~~`~~~ [ cetd7 ~dv P~9 ~ {~Jm'7 tint the forepdeg is frae a~ CDtiCd V ,• __t~ ----- Dated at tiolaria. 6ldvnia thb _____.._.._ ~ 1st - gay d ~lnMnurx- F~ . ~iYf ~ir~. _T `DES _ ~+<?~t4.M1 a.. _/. to-.v..5 n'. .:n,v a..S~M1 - GRnIO .Ox 4Aairl. JO GE~6-Ea aeverly Authelet City Clerk City of Rancho Cucamonga P,O. Box 807 Rancho Cucamonga, California 91730 y'.M BEA GM1E ViC .E rv~Ea C l..-E O„a-.. pL00„ _ _s_ x.132622-~53 i2'JI G3i -]Big June 20, 1985 Re: Written report concerning adult use moratorium Dear Beverly: Please find enclosed the written report of Mr. Markman concerning the actions taken by the City during the effective dates of the adult business mora- torium (Ordinance No. 266, adopted June 5, 1985}. As you know, at the meeting of June 19, 1985, the City Council authorized and directed Mr. tdarkman to prepare the enclosed document. As Mr. Markmar. undoubtedly mentioned at the meeting, such a written report is a prerequisite under State law before the City Council may extend the effective dates of the adult business moratorium. Please file and retain this document along with Ordinance No. 266. Naturally, this document is a public record as much as the Ordinance adopted and should be made available for Public inspection or copying on request. If you have any questions or comments with reyard to any of the above-capt i.oned matters, please do not hesitate to contact the undersigned at your convenience. Ver truly ~ours~ `~~~./ Ralp D. Hanson Deputy City Attorney • RDH:sjk City of Rancho Cucamonga Encl. ec: Lauren Wasserman, City Manager (Encl.) ~ ~~ REPORT ON ACTIONS TAKEN FOLLOXING ADOPTION OF ORDINANCE N0. 266 Pursuant to the requirements of California Government Code Section 65858 (d), and at the express direction of the City Council of the City of Rancho Cucamonga, the following constitutes a written report of the City Council of the City of Rancho Cucamonga concerning those measures taken to alleviate the condition which led to the adoption of Ordinance No. 266. BACKGROUND 1. On June 5, 1985, the City Council of the City of Rancho Cucamonga adopted its ordinance No. 266 entitled: "An • Ordinance of the City Council of the City of Rancho Cucamonga Adopting an Interim Urgency Zonina Ordinance Pursuant to Govern- ment Code Section 65858 (a) Pertaining to the Establishment of Adult Businesses." Said Ordinance No. 266 adopted interim zonina regulations, effective for no longer than forty five (45) days, prohibiting the establishment of all Adult eusinesse s, as defined by Section 17. 02.140(C)(3) of the Development Code of the City of Rancho Cucamonga, in all development districts within the City so long as such interim zoning regulations were in effect and operative. Pursuant to the requirements of said Section 65858, Ordinance No. 266 was adopted by the City Council upon its finding that additional approval of uses pertaining to adult businesses would result in an immediate threat to public n u health, safety or welfare. 2. Pursuant to California Government Code Section 65858 (d), ten (10) days prior to the expiration of any interim ordinance or any extension thereof adopted nursuant to the terms of said section, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of such interim zoning ordinance. 3. On June 19, 1985, at the regular meeting of the City Council of the City of Rancho Cucamonga, the City Council was presented with an oral staff report concerning the measures taken relative to adult businesses following the adoption of said Ordinance No. 266. At said meeting of June 19, 1985 and the • following said staff report, the City Council of the City of Rancho Cucamonga, by minute action, authorized and directed the City Attorney to prepare, pursuant to the requirements of said Government Code Section 65858 (d), a written report cone erninq the actions taken following, and relative to, the adoption of Ordinance CIO. 266 and directed the City Clezk to file and retain such report along with Ordinance No. 266. ACTIONS TAKEN Following the adoption of Ordinance No. 266, the following actions have Rx~n taken relative to the interim zoning regulations pertaining to adult businesses. ,'% 1. The office of the City Attorney o£ the City of , Rancho Cucamonga has conducted extensive research into the legality, constitutionality and viability of the imposition by municipalities of comprehensive zoning controls with respect to those adult businesses within the borders of the municipality. Such research has not only been conducted with regard to a comprehensive legal review of the matter, but has also been directed in an examination of how such legal parameters impact the current comprehensive zoning policies of the City of Rancho Cucamonga. 2. This research has been necessary to provide a • comprehensive memorandum and analysis of the subject for review by the City Council and the City departments of Planning and Development, Engineering, Administration and Community Services so to receive further input and analysis on how such legal reauire- ments may impact the policy and procedures relative to land use control in the City and to develope a comorehe nsive policy action. Dated: June 20, 1985 ~ ~ %~~-ra~~ .ies L. Markman, City Attorney City of Rancho Cucamonga a - CITY OF RASCHO CCCAVIOtiGA c«j,~~o STAFF REPORT ~~~,`'` ry. ~ =~A~^. 'I x DATE: July 3, 1985 ~ ivr; T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEKATION N0. 9 FOR TRACTS NOS. 12588 & 12028 THRU 12031 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 9 to Street Lighting Maintenance District No. 2. The following are pro,{ects to be annexed: • District No. 1 District No. 2 (arterial) (local lights Tract No. 12588 Tract No. 12588 12028 12029 12030 12031 Omni Builders, developer of Tract No. 12588 and Marlborough Homes, developers of Tract Nos. 12028 thru 12031 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. 85-173 on June 5, 1985. RECOIMENDATION It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 9 to Street Lighting Maintenance District No. 2 and approving the Engineer's Report. R~eC fulll sy BH: ~ / Attachments J AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA 39 COUNTY OF SANBERNARDINO ' I Maurine D. Paean ,do hereby certify thatl am the Legal Advertising clerk of THE DAILY REPORT, a dady newspaper of general circulation, published in the City of Ontaro, ^Yunty and State aforesaid and that the attached adverisement P ,lutlon No. BS-1T4 ~e Citr a} Rancho Cueamanla waspublt~hedinsaidnewapaper One ti) t1.ma _.__,____ t0 wit: JuM 21r 1985 I certify under penalty of perjury that the foregoing is We and (Signet e) Gated at Ontario, California thin 2 i a t day o[ June Ig 85 , ~9 ~ aE~OI'JtION MO (1 ~~~ ~Ir YE.J_u.~Ox OR .r,E a eMfl( Oi ~w6 I ~ .N<NO fVCF~ MONO.. C. %IRONMI. DE~ • !l1NIN0 IT( IMINTIOM TO ONOIN 1NC .NMCN.. 1 ON TO STFICT 110M1. HMO MAINTI :E M:1 OISTEI(T MO, L N L SE SSMf MT Olsl El[T DesIFN.nwe fuo EN. Yf %1LIOM .S .MNEa. I:ON b I [O t19FET t:Ox.~N6 M.i nrf~ M.N(F OISiN1~T NO. 1' ~95uaNr 0 tXE (IDNT,xc (cr of I r; .MO D[[ENIM6 . 11MC .NO w[f i0! nfAf CFO OFIECTIONS TN!!l~ 10 °R~wEplNE[o!E FE T w M CNa M 9Y%M Cuca,rlanN :,N OWWNIbllla wNLYM.N wNNM~M xM ~FIIM1M w, r 'r; ]. enM 0.nfNn 11 W a N'rI~ e w bl n.a. p asFGION aeM[.m., w .M .mow raww.`n w n ~o~.X~l w wm ~ mr .CIA . N. ry cJO.'. ~N. a -..M.•... N,.,",,. ~a..Nf . • C~ RESOLUTION N0. EII7-03=02R • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNE)CAT ION N0. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING THE FSNAL ENGi NEER'S REPORT FOR TRRCT NOS. 12598 ANO 12029 THRU 12031 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 5th day of June, 1985, adopt its Resolution of Intention No. 85-174 to order the therein described work in connection with Annexation No. 9 to Street Lighting Maintenance District No. 2, which Resolution of Intention No. 85-174 was duly and legally puhlished in the time, farm and manner as required by law, shown by Lhe Rff idavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHERERS, 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 WHERERS, 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 Pesolution of Intention No. 95-174, 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 'AHEREAS, said City Council having duly re^ei ved considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity far the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. BS-174, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; ate- SECTION 3: The assessments and method of assessment in the Engineer'ss e~are hereby approved, SECTION 4; The assessments shall not begin until after 60 percent of Bald tracers Fave been occupied. ~ ~ CITY OF RANCHO CllCAMONGA Engineer's Report for Street Lighting Maintenance District 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 pct of 1972), SECTION 2. General Description This City Council has elected to "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. are: annex the tracts enumerated in Exhibit District No. 2. The City Council has be maintained will have an effect upon as on the lots directly abutting the Work to he provided for with the assessments established by the district The furnishing of services and materials -or the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. Improvement maintenance is considered of general benefit to ali areas in the District and cost shall he 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 far 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 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 a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all o. 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 wfll 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. r y . • The estimated total cost for Lighting Maintenance District No. 2 (including Annexation No. 9 comprised of 99 lots and 9 street lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** 5800L 486 8.75 *Migh Pressure So ium Vapor **SCE Schedule LS-1. All night service per map per month, effective January 1, 1983. Lamps Rate Mo's Total 486 X 8.75 X 12 51,030.00 2. Costs per dwelling Unit: Total Annuai Maintenance Cost = 51030_,00 =27.92/year/unit No. o Um is in istrut 27.92 divided by 12 = 2.33/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 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. • n ,. y 2, City Council adopts Resolution of Preliminary Approval of City Engineer's • Report. 3. City Council adapts 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. l J • MS 6117 _UI E07-03-02R ,7u ly 3, 1985 Page 2 \J EICHIBIT "A" Properties and improvements to be included within Annexation No. 9 of Street Lighting Maintenance District 2: Tract No. 5800E 12588 l J ~ ~ r •'.9 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 9 ~ ,.. + '. ~ .rte-" -- .=-.a «.;.... ="~!' ~~ ,, I:ri ~ ~-!'~ .r~_:..r:: ...._ ~. gym.-...• ~ f~ 'F' ~ - ! ~ H, ~, I I ~ ,,. w. i -,... 'fie -- .. - . --,~~. ~ , . .. -. , ,. ,. ., / , TRACT 12585 c+g titlr,; ,,aw`- °~ °+ ~ CITY OF RANCHO CUCAMONGA ' ,,,_'G. '> COUNTY OF 3AN BERNARDINO '~ ~ ~ STATE OF CALIFORNIA ;a N - C[TY pF RANC1i0 CtiC?.~10\GA ~~c.~ar~ STAFF REPORT ~?° ~ j ~9, ~,~`,~,> _ Z ~''~.% DATE: July 3, 1985 ~ ivs- T0: City Council and City Manager FROM: Lloyd 6. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: ORDERING THE WORK [N CONNECTION WITH ANNEXATION N0. 11 fOR TRACT NOS. 12588 & 12028 THRU 12031 TO STREET LIGHTING MAINTENANCE OISTR ICT N0. 1 AttacheA for City Council approval is a resolution ordering the work in connection with Annexation No. 11 to Street Lighting Maintenance District No. i. The following are projects to 6e annexed. . District No. 1 District No. 2 (arterial) (lOC al lights) Tract No. 12588 Tract No. 12588 lzD2a 12029 12030 12031 Omni Builders, developer of Tract No. 12588 & Marlborough Homes, developer of Tract Nos. 12028 thru 12031 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. 85-111 on June 5, 1985. RECOMMENDATION It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 11 to Street Lighting Maintenance District No. 1 and approving the Engineer's Report. Respectfully su fitted, (J/'x~//// i ® LBH: :ko Attachments )~~' / iiuLUnoM NO. uIn AFFIDAVIT OF VUlLICATION i l lISOLVTION OI 1NE c,TT colJxclL os THE crtr oc a"eNO cua. MoNOI. uurouu of [L.RIND ITf INilNi,ON D,~ ~E~E. O~~ p1AlY OF CALIFORIiIA TO Oq DEq TNi IMNEl4 aE ~ DnTgIR IID,T"N.LN ly. COUNTY OF SAN BERNARDII40 o.flt ,: No ;:;6':L: MINATIOM if lNM[R4 ~ TIDN ND. II TD 3TlER I, Naurlne n. Pesm do hereby certify thatl j :~.<".'»nTElnl iwT. ~, am the Legal Advertising clerk of THE DAILY REPORT, a Aady :»»o:<::INO :»o nexspaper of general circulation, published in the Cdy of Ontarm, :ND ossellne • nee[ "D"""D lB °i °" County and State aforesaid and that the attached advertisement "D rL•<E NoN "!"". IMO 0[JE(TIONl TNIIIE ro . _NOW, TMEq EfORE ED IT of R~solutlon Ne. 85-172 ___ far th^ Citr of Rancho Cucimen[• wiz published IA said ntwspeper 8n• t S> t Sm^ _ CO wit: June 21. 1985 I certify under penalty of perjury that the foregoing is true and crorreM. (Signs wel Dated at Ontario, Ca1i[arnfa this 21- t dyy of ... e e i % ~~ nw ro N RESOLUTION N0. E03+03-O1R ' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR ORDERING THE WORK IN CONNECTION WITN ANNEXATION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINRL ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 THRU 12031 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 5th day of June, 1985, adopt its Resolution of Intention No. 85-172 to order the therein described work in connection with Annexation No. 11 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 85-172 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. 85-112 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, farm, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 85-172, 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. ~ Li CITY COUNCIL RESOLUTION E07-03-O1R July 3, 1985 Page 2 SECTION 4: The assessments shall not begin until after 60 percent of said tracts have been occupied. PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985. AYES: NOES: ABSENT: on 0. Mike ls, Mayor ATTEST: Beverly A. Authe et, City Cler 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 3rd day of July, 1985. Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. every A. Rut a et, ity C er • • • `i CITY OF RANCHO 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 1, Division 15 of the Streets and (Landscaping and Lighting Act of 1972). the requirements of Article 4, Chapter Highways Code, State of California SECTION 2, General Description This City Council has elected to annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance District No. 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 furnf sh ing 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 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 unft shall he considered to benefit the same as a lot. SECTION 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 the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement an 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 for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction, Ril 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. I~~n The estimated total cost for Lighting Maintenance District No. 1 • (including Annexation No. 11 comprised of 99 lots and 7 9500E street lights is shown below: 1. S.C.E. Maintenance and Energy: Lamo Size* uantit Rate** 9500E 199 9.90 SBOOL 122 8.75 *High Pressure Sodium Vapor Lamps Rate Mo's Total 199 X 9.90 X 12 = b23,641.20 122 X 8.75 X 12 = 512,810.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost = 36 451.20 =5.82/year/unit No. o Umts ro istrxt S,~- 5.82 divided by 12 = 0.49/mo./unit • Rs sessment 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. Where there is more than one dwelling unit per lot ar Darcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot ar 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. 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. '` • 4, City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5, Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. `J t} CITY COUNCIL RESOLUTION E07-03-O1R July 3, 1985 Page 2 • EXHIBIT "A" Properties and improvements to be included within Annexation No. 11 of Street Lighting Maintenance District 1: Tract No. 9500E 12588 7 12028 0 12029 0 12030 0 12031 0 • • ice= ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. ~ ANNEXATION NO. 1 1 TRACT 12588 ~,o~`-`''~'~°~ ~ CITY OF RANCHO CUCAMONGA ~ "`~P' _. ': COUNTY OF 9AN BERNARDINO - "~;~ ~. ~: STATE OF CALIFORNIA ~ T _ ~, lv y 6n ' LLOYD MUBBS CITY ENGINEER RCE.23B89 DATE page ASSESSMEPIT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. ~ ANNEXATION NO. 1 1 I -__--_--- ..Ra., _," ;_ . ,~„~ V ~~~~I ' 'ter± _ _ I. i _ ~ ~~' )__ .L.. i . ~ w-l.... l~~ . . T~_ j ' J I if ~l~'b ~ f1.' / O ~ 'I ~J ~ ', \/~~ / , , t ~ n Q " ~ 1 _ ~\-i I' = . n ~ TR. \ •5~1~_ . •TIk33af 1 ~I ~ ~ TR I f oll'.. ~':"~ srw ~ o o~ li ._~ J -1 • ~.. i TRACTS 12028. 12029. 12030. 12031 A PORTION OF TF,NTATIVFa TRACT 11668 ,~.."`~"0~:~ CITY OF RANCHO CUCAMONGA tiUr. ..,~~,~~^ ,r_ COUNTY OF 9AN BERNARDINO n - V^ 6 ,~ STATE OF CALIFORNIA ~ T = an LLOYD HUBBS CITY ENGINEER R.C E.238B9 OATE l~ Pa6~ nrmv no n ,err vn nr+n • eanvr e • STAFF REPORT GATE: July 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician Gam. ~.v9 eeJ,/ Wit? ~;/~ Y~~,}l1\ ~~7 '' \\S F- ~ > lui7 I • SUBJECT: ORDERING THE WORK IN CONNECTION W[TH ANNEXATION N0. 24 fOR TRACT NOS. 12588 AND 12028 THRU 12031 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 24 to Landscape Maintenance District No. 1 for Tract 12588 located on the northeast corner of Archibald & Wilson and Tract Nos. 12028 thru 12031 located between Archib-ld & Ramona south of Church. Omni Builders, developer of Tract 12588 and Marlborough Nomes, developer of Tract Nos. 12028 thru 12031 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. 85-169 on June 5, 1985. RECOMMENDATION it is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 24 to Landscape Maintenance District No. 1 and approving the Engineer's Report. Res ec tfully sub tted, LBH ~K:Jaa Attachments fL~ -, AfitDAY1T OF PUBLICATION STATE OP CAI.[FORNLt COt7N[YOPSANB ~ ~ ' (, Maurine D. Paten ,do hereby certify that! am the [.egal Adver~tisirtg elan d TAE pAILY REPORT, a darly newspaper d generak cvculation, ptthhshed in the City o/ Ontario, County and State aforesaid and that the attached advertisement d Rew lutlon No. 85-170 ____ for the Clty of Rancho Cucamonga waspaDtlebedirtsidmWapaPer~nt., f1) t1mL__.-__ ~vssoi~.low to Wet' June 21r 1985 ""°r"°^•~q "'tl"'"<`°"'"° ~I wow.mm~a r. ro.~mx<.rv •. anu. ol• nlxam ~~ IwNi[aM. ax.m.n..l~ 1 certify undo pmaltT d PeriQ7 that the foregoing u true and •.v. ur.~rvra..~a ..n. ,. ~Im«"« ~ i` " ' a °~:i curved. 1 ~ I „ , : o i...<...ne rq~ `r~t ar<.aa ~~J~,}7 ~ ~I `" ~ ' ' II}//~ .y ~ ` `_` ~ wwr ana..viu .M I / C/ LL~tvw~t// ' _~i'~aVll/ W~awMn[r ObhIO xo. 1 Mu~ err . mr arr a m. ~ ~ ISt$Jta ) +v ewm...ne ma. wm< ~ IxImE,M<I [p ated at Otttarq Cabtmlia this 21 t daY d n MY al. a.M Cary CMY. ,IIxIIM "Axnf..llm Na :1 b L.giO M.iIM ola,a xa ~^ x V . sc.:.~ox r Mrrcrlawx a j rna m., Junc ,195 ~~m alnna ~. a,c.~x.a .. III Ixa („,.I~ M.rN. N C~ RESOLUTION N0. ]=D7-43~03R • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 24 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE fINRL ENGINEER'S REPORT fOR TRACT NOS. 12588 ANO 12028 THRU 12031 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 5th day of June, 1985, adopt its Resolution of Intention No. 85-170 to order the therein descrihed work in connection with Annexation No. 24 to Landscape Maintenance District No. 1, which Resolution of Intention No. 85-170 was duly and legally published in the time, form and manner as required 6y law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required 6y 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. 85-110, 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 6e 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. 85-170, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is`-liere~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. fC J "'J CITY COUNCIL RESOLUTION E07-03-03R July 3, 1985 Page 2 SECTION 4: Be it finally resolved that said assessments shall not begin until after 60 percent of said tracts have been occupied. PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985. AYES: NOES: ABSENT: on D. Nike s, Mayor ATTEST: Beverly A. Aut he let, C ty C erk I, BEVERLY A. AUTNELET, CITY CLERK of the City of Rancho Cucamonga, C aiifornia, 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 3rd day of July, 1985. Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. ever y A. uthelet, City C erk LJ • • ~~~ CITY COUNCIL RESOLUTION E07-03-D3R Juiy 3, 1985 `J CITY OF RANCHO CUCAMONGA Engineer's Repnrt far ANNEXATION N0. 24 to the Landscape Maintenance District No. 1 Tract Nos. 12588 b 12028 thru 12031 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Oivis ion 15 of the Streets and Highways Lode, State of California (landscaping and Lighting Act of 1972). SECTION 2. General Oescr ipt ion 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 wSll have an effect upon all lots within Tract Nos. 12588 6 . 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 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. 12588 b 12028 thru 12031. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subSect Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will he 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 (E.30} per square foot per year. These casts are estimated only, actual assessment will be based on actual cost data. CITY COUNCIL RESOLUTION E01-03-03R July 3, 1985 • The estimated total cost for 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 592,786 square feet = 117,835.80 Per Lot Annual Assessment 177~~ = 33.45 Per Lot Monthly Assessment 33.45 = 2.79 ~2- Assessment shall apply to each lot as e'umerated in Section 6 and the attached Rssessment Diagram. Nhere 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. Rssessment Diagr am 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. 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 based 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 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary gpproval of City Engineer's Report. • ~Y CITY COUNCIL RESOLUTION E07-03-03R July 3, 1985 l J 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. • ~~{ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.1 ANNEXATION N0, 24 "° I T i ' ~ ~ ~ ~ I ~Y ei 1 _~~:.~.~: L ~ , ~ ~ ' uu._. 4 I , ~ ~ M 1 :I i~lt ,y ... S j~G~ ~- ~i y _ ~ v--M- ,iJ I ~~ ~(1 .- _. AfdL_w~n~ ~X.. TRACT 12588 ~`c~?~o .~,r ~~a ~ ~~ / ~ C 7r1 ti CI ~ v ~ C Im title; TY OF RANCHO CUCAhTONGA S = ENGINEERING DIVISION /~ T\ VICINITY MAP i 1\,II Page ~~ ~I --( --; - ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.1 ANNEXATION N0. 24 - _ -- .eon eree :.~=`, I' --F ,. - `,~.leTp I :~..~ o .... ~•- ~.f 4 .° I I III aR _Tiex1-. a"el i:.i.~~ai .~ ~^a ~ T` ~le]f i .J i .1~. nY] ':~ JI ., ~~,. f O ,~ - ... 14~~1~ I •~~mi}I~aee ~~. It `~ }a6 -1'I . TRACTS 12028. 12029. 12030. 12031 A PORTION OF TENTATIVE TRACT 11663 a«c~~0ti~ r>r' ~~a , ~~ ?~ r„~ C ~~ ~' ~ u S nn title' CITY OF RANCHO Cl,'CAib10NGA S ENGINEERING DIVISION ,w T\ VICINITY MAP „~~ 11\`II PaBe nimc nc n , vnrtn n STAFF REPORT • L GATE: July 3, 1935 T0: Mayor and Members of the City Council EROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner ` ~,CCa tint ~~ ' ~~' a~ ~, -~ 19 SUBJECT: STATUS REPORT ON APARTMENT DEVELOPMENT/SPECIAL STUDY At the June 19, 1985 City Council meeting, the Council directed staff to conduct a study of residential development taking place in the western portion of the City. Of particular concern was the rate of growth of apartment projects, and the City Council requested information identifying the number of apartment units approved and actually built, the rent structure, and vacancy factors. Information dealing with the pace of single family residential development was also requested to identify for comparative purposes the number of single family dwellings approved and actually constructed. The completed study is attached to this report. It contains the requested information in summary form, including tables and specific findings. It is suggested the Council review the results of the staff with directfon as appropriate. ec f y Submitted, is Gome Ci er RG:OK:jr Attachments Though the Council was mainly Concerned with the areas west of Haven Avenue at this point, because of the difficulty in segregating information the study area includes the entire City, except for the planned communities and the industrial area. It should also be noted that the information relative to number of persons per apartment is very general; the only way to obtain such data would be to conduct a door-to-door survey, Staff will 6e available to discuss the study at the meeting. , • SPECIRL LANG USE STUUY June 1985 I. STUDY AREA: Study area consists of Alta Loma, Cucamonga, and Etiwanda areas entire City, but excluding the planned communities and the industrial area). li. 08JECTIVES OF STUUY: 1. To find out current land use status for single family (detached) residential, apartments and condominiums in the study area. 2. To find out the amount of land still available for multi- family (apartment and condo) and single-family residential development. 3. To find out current apartment rent and vacancy rates. III. SUMMARY OF FINDINGS: 1. A total of 2,867 apartment units were approved by the City from January 1978 to April 1985, of which 1,455 units (or 50.7%), were built or are under construction in the same period. 2. A total of 2,570 single-family (detached), residential untts were approved by the City (under tract maps), from January 1978, to April 1985. A total of 1,568 units were built during the same period. (This includes tracts approved by both the City and County prior to incorporation.) 3. A total of 3,023 apartment and single-family (detached) residential units were built during the period of January 1978, to April 1985. ~ ~ ~ APARTMENT AND SINGLE-FAMILY RESIDENTIAL DEVELOPMENT IN THE STUDY AREA • JANUARY 1978 - MAY 1985 Year No. of apt. No. of apt. No. of SF Nn. of SF units approved units built detached detached units approved units built 1978 0 0 0 Unknown 1979 372 372 0 368 1980 117 117 75 313 1981 0 0 601 141 1982 0 0 375 40 1983 878 638 455 158 1984 396 328 856 332 1985 1,104 0 208 216 78-85 I LQ' Total 2,867 2,570 1,568 4. The current apartment vacancy rate is 3.2%. • 5. The household sizes for apartments range from 1 - 4 persons per unit. (Speci°ic figures cannot be obtained. 1980 Federal Census indicated 2.1 persons per apartment unit.) 6. Apartment rents for projects constructed in this period vary as follows: Bachelor: E475 - 5525 per month 1-Bedroom: E410 - E585 per month 2-Bedroom: 5545 - E715 per month 3-Bedroom: E616 - per month 7. Currently, there are three (3) condominium complexes with a total of 674 units being rented as apartments. The rent ranges from E470 to E695 per month. 8. A total of 223 acres are currently designated in Medium High and High categories suitable for apartment development. Of these 223 acres, approximately 113 acres, or 51% are now developed. • • 9. A total of 1,072 acres of land are currently designated in Medium, Medium-High and High categories, suitable for condominiums and apartment development. Of these 1,072 acres, approximately 431 acres, or 40X are now developed or under construction. 10. A total of 10,057 acres are currently designated HR, ER, VL, L, and LM, suitable for single family detached residential use. Of these 10,057 acres, 5,943 acres or 59X are now developed or under construction. 11. A total of 11,129 acres are currently designated for residential uses, both single and multiple family. Of this, 6,374 acres, or 57% are now developed or under construction in the study area. 12. The entire study area comprises 13,906 acres. Of this; 223 acres of MH and H represents 1.6X, 849 acres of M represents t 6.1X, 10,057 acres of ER, NR, VL, L and LM represents 72.3X. RESIDENTIAL LAND USE STATUS IN THE STUDY AREA . Land Use No. of % of No. of acres No. of acres Category acres Study developed or undeveloped General Area under Planned construction MH & H 223 1.6X 113 110 Multi-Family Residential (Apts & Condo) 1,072 7.7X 431 641 M, MH and H (Single-Family detached Residential) HR 10,057 72.3X 5,943 4,113 ER, VL, L, LM TOTAL 11,129 80.0% 6,374 4,154 Mult -Family and single-family Residential NOTE: Study Area 13,906 acres ~ J 13. Currently, there are 21 residential development projects in • process, inc luding 1,436 total units and 310.5 acres of land in the study area. STUDY RREA RESIDENTIAL DEVELOPMENT PROJECTS IN PROCESS Category No. of Applications Total No. of Total no. of Units Acres Apartments 5 558 62.2 Condo/Townhouse 2 131 11.5 Single-Family 14 747 235.8 TOTAL 21 1,436 310.5 • 14. As of this date, there have been no apDlicat ions submitted for apartment development since the last City Council Meeting of Jun_ 19, 1985. • ~~ , W O . Ov: ' C C v i ; O ~ I'1 _ ~ ALL i I 1 1 I ` y I I n- ~ N ... .. ... .. 1 .. . n N O G t] / N F O O C ~ OL I N v 'J G `. -_ - y ~ N F- :~. . 'L!I. r. ... ... ... X _. 3 ~ AA..~ I X ~ , z ~ d ~ o i T ' O N ' In a ~' V OI c b n w ce '.i .. `. I . ~ .., _ c .-__r __. _.__ ____ __ ._.. .._..__ _~ __ _ ...__ .. ..... .... _. _. _. 1 ' ' JOO O O bed r;~.~~.; . h V 0 v ~+ h .., a Bach. ' '. i /mere I " U~drn .3 ~~ ' i x N O ~l'dr ' F-O _~_ ... s ~' i .. ... 1, .._. I _. ~ C Z c I I v v I I' . y, I rn ~ . .. . 70 -... ~. .. _. _ F- _ y _ .. 1 X h o :n ~- ; ~ _ J i ~ ~ J I O N < ~ O C N N r F ~. .. ..~.. . . .... I ... G v • ~? U ~ LJ 1" 7•Z •d CL !J 6 .~ h ~ V r1<. I- L A~~ O T ~ N 1 L L C O C L ~ o m In a a etc L ~p V •n = hA aL J N 1 N U OI N N N T W m ,ter a N v:n~ o C ~O L N D 7 S V 1 O T N N O J ~ ~ x T.wz Ny C y V Y t L T J GI/I Q L d J V roPO InG~ 7 A '~ N x T k: N~ I i , !. LLOO OVf ~ ~ < >. f'1 ~..~ C' C w O W ' ' ' ~ ~ _ 6 C I N •- i r.. i 1 F ^. I ' y V E V J ~ , N I ' J N C O F- , i 9 a I , ' nn~ oc a> i n ~ ~ , ~. ~ i NocL .-,~ P~, r _- ._____,__.___,_.___ x ._.._-. .. _. __ __ ..___ ._ .. ..., . 3 _ _-__-_ ...__. . .. .. ... .. ... l _ m rn~ ~ o i ' , Gedr:~ G ~ o o. ii __~ma_u_n.o-_ • ____. __. __..~___ __ ___. .:_. x _ H ~ P• W L C ULU'^^U 1 , CJl G~ ~ R't Nl v'. QG~.^.00 m ~ I I o i ~n ' ~ c-c-~ -'. ~ P 1 N q 1~ / N sedan.; x , T < ' ------ '^ - '^ , -- ° -- ¢ach. x x T , ' ,n o .n x I t n N N i ! i '~ r '_T _ _-.- _~ _. 1 T 4/mor¢ I , % Bedrm.I, ! ~ i " --i ----~-- -------~-- ---- ~ ' ye ' 3 i '. m ~ '~ ' ~o ~edrnl.! ~ I x ~ x G L .-.m i _ _ ~ ____ ~W ~ O T N ~ N - --- = - p --... __.._ C]tC • .._... - .. -~- oLL ~- -- --- -~_--'--- -- ~ I 4 • 9edrrl I x ^ ~ ~ ,- ror_.~.__ -"___ _ _- _""_.___ ._ ~~, ~1Ch. x '~ r ~ "' x v o~n r J:~ G ~ O C T e ~ n O N ~O a 1 N U F1 rG 9 G q /i N ~ M QJ O E ~-` ~ QC/ 41 Y N N N .-- E TJ N N ~ C L N ~.- C L L O C O L 0! N W C t LL ~ N 4 LL ' ~ Q ~ C ~ d i ~_ 4 2 O ^ V W y1 ^9 ^ ,O O LL O C O W> C O • L Y W~OC JO Lr~ Q YP^w O HO . C~1G vO i N nN~ c^z 2 Q ~. 2~L5 WI^ m j S~ MU G yy G~r + ~P O^ , ' ] pE ~ G i U L C ~ G~ON ]O. Q , , 8C J 01 I 9TL ~ ' aO £ m.. c a J xi T ~ a J .. I ~PJ 01 .-Q 'J KPq 6P V. ' NS 1 ~ 1 ,_ ~ . CITY OF RASCHO CCCA~IO\GA ~~c.+.~: .~ ~ ~~ MEMORANDUM ~- ~`` April 17r 1985 =~ 1 J'` - 1A, =_ _ ~ s ~~ ! T0: Mayor and Members of Clty Council l3-= --~ ' FAOM: Advisory Commiss ion Members BY: Roberr, A. Rizzo ~ Assistant to City Manager IaI~ ~:, SUHJaC T: Advisory Commission's R?commendations Regarding ' Campaign FSnancing for City Elections The Advisory Commission at its June 1985 meeting nevi?wed the City Attorney's ', cowmen s on campaign financing and controls for City elections (memo dated li November 2, 1984), The Advisory Commission as a whole believe campaign financing controls are necessary, and that contrlbutlons from time to time may overshadow the City election process. It is the Commission's intent to present the Cit Council with merely a set of desire y d criteria in whSnh a campaign financing ordinance could be dev?loped. Listed below are some parameters the Commission would like to bs considered when such an ordinance !s prepared. A. Advisory Commission's Recommendations deemed by City Attorney that may be Smposed by the CSty. • 1. City of Rancho Cucamonga's campaign financing ordinance to be coord Snated ' with Fair Pollt teal Practice Law (City of Ros?villa Ordinance, ~ 2,60.30). Section 2. Limit total (aggregate) anonymous contrlbutlons to $2,000 excess to a non-profit organization of candidate's choice or to the City if no non- profit organization is chosen. 3. Increase disclosure requirements on contributions of $250.00 - $999.99• ' (a) Individual, city of residence, or field of employment; (b) Non- ~~: Sndlvidual, address, type of organlzat ion, formation date, number of ~'~ members, whether Sndlvidual contrlbutlons are required to organization or ' candidate, 4. Contributions over $999.99 require vastly increased disclosure II requirements, Sueh requirements should include but not be liml tad to the i fallowing: ~ a, Contributors financial stat?went oC ~ date pro£i. er loss nov?clog year to for first 3 ea'_endar quarters of eleM ion year and previous year, ' specifying Identity of all sources of Sncome over $1,000 and all persons or entitles to whom contributor has paid over $1,000 durSng the 21 month period 1n question, ~ S b, LSst al.i persons or entities with whom contributor has finane ial ^~ transactions over $1,000 and whom contributor knows does business with 'he City of Rancho Cucamonga. ~7 April 77, 1985 2 Campaign Financing c. List all other contributions to candidates in current and last (prior) city election campaigns. d. ContrLbution balance sheet, including complete descriptions of limited partnership and closely hold corporation interests. .. List all contributions' real estate holdings or interests in flancho Cucamonga. f. List all development applications filed with the City of flaneno Cucamonga during the same period as covered by financial statement of profit or loss. 5. Prevent aggregation by totalling required individual contributions (condition of employment, promotion of membership) against group or organization (see City of Poway ordinance). 6. Contributions by City contractors limited to X25.00 per candidate, and a list of contractors Ss to be made known to candidates by the City Clerk when they file for office. 7. Forbid contributions by developers between time sixty days preceeding initial application and sizty days after final approval (recording of tract map). B. Advisory Commission's recommendation deemed by City Attorney may be impos•~d by • the City with modifications. 1. Direct that all surplus campaign financing funds to be held only 90 days after election, then distribute to a non-profit organization, or to City of flancho Cucamonga, and proh ibLt all contributions more than six months before an election. 2. Authorize City Prosecutor to prosecute all violations of this ordinance. 3. flequire candidates to furnish their total contributions and required dis- closure information (names, etc.) from campaign to two newspapers with the highest circulation that are published within 25 miles of flannho Cucamonga, the City Clerk and public li brarles in flancho Cucamonga 7-10 days prior to eleo :ion with a supplemental report 2-3 days before election. 4. City Council to consider the City of Cardena's campaign fLnancing ord lnance as a start Sng point for drafting an ordinance in the City of Rancho Cucamonga and request City Attorney to r?view said ordlnasse prior to drafting flancho Cucamonga's. At such time as th<. City Attorney has prepared a draft campaign financing ordinance, the Advisory Commission would welcome the opportunity to review it and make appropriate comments. If, in the interim, the City Council has any questions, concerns, or would like clarification on any of the points recommended, feel Cree - to contact us. Thank you, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 3, 1985 - 1977 TO: City Council and City Manager FROM: Lloyd 6. Hubbs, City Engineer BY: Vartan V. Vartanians, Rssociate Civil Engineer SUBJECT: Summarily Vacation of an Unused Portion of the City flood control and water conservation easement at the southwesterly corner of Foothill Boulevard and Hellman Avenue The City has received a request from the Sickels Group to vacate the unused portion of the City flood control and water conservation easement at the southwesterly corner of Foothill Boulevard and Hellman Avenue. A portion of the above-mentioned easement, as described on the attached Exhibit "A", is not presently useu an will not be needed in the future. The property at the southwesterly corner of Foothill Boulevard and Hellman Avenue is fully developed with sufficient protection from street drainage on Foothill Boulevard. Section 8333 of Streets and Highways Code states that local agencies may summarily vacate (by resolution) easements if the date of acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. The above-mentioned easement was acquired 6y the City 6y an assignment of easement recorded on February 24, 1981 and meets the summarily vacation provisions of the Streets and Highways Code. RECOMIERBATIOR It is recommended that City Council adapt the attached resolution to summarily vacate said portion of said flood control and water conservation easement and authorize the City Clerk to cause a certified copy of this resolution to be recorded in the Office of the County Recorder. R spe ully submitt d~ LBH:V :,jaa Attachments ~. .. - ~ V~V CITY OF PROJECT: V_045 RANCHO CUCAMONGA TITLE: ENGINEERING DIVISION EXHIBITS ~~A~~ RESOLUTION N0. E(TT-03-09R '~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF A CITY FLOOD CONTROL RND WATER CONSERVATION EASEMENT WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highways Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of a City flood control and water conservation easement hereinafter more particu lary described; and WHEREAS, The City Council found from all the evidence submitted that said portion of said flood control and water conservation easement, dedicated over one year ago has not been used for its intended purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council herby makes its order vacating that portion of said f oo control and water conservation easement as shown on Map V-045 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A", and by reference made apart thereof. SECTION 2: That from and after the date this resolution is recorded, said portion o said flood control and water conservation easement no longer constitutes a public service easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 3rd day of Ouly, 1985. AYES: NOES: ABSENT: on i e s, ayor ATTEST: Bever 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 3rd day of July, 1985. Executed this 3rd day of July, 1985 at Rancho Cucamonga, California. Beverly A. Authelet, City Cler EXHIBIT "A" That portion of Lot 1, according to Subdivision of Lot 10, of Cucamonga Vineyard Tract, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat thereof recorded in Book 20 of Maps, Page 44, records of said County described as follows: Beginning at the Northwest terminus of that certain course described as "South 34° 22' 34" East, 289.00 feet in an assignment of easement recorded February 24, 1982 as Instrument No. 82-036290 of official records of said County; thence South 34° 22' 34" East 264.12 feet along said course to a line drawn parallel with and 44.00 feet (measured at right angles) West of the centerline of Hellman Avenue (60 feet wide); thence North 0° 07' 24" West 93.91 feet along said parallel line; thence North 23° 20' 09" West 76.95 feet; thence North 57° 39' 13" West 80.01 feet; thence North 78° 12' 15" West 51.95 feet to the point of beginning. CITY OF RAVCHO CUCAbiOivGA MEMORANDUM GATE: T0: FROM: BY: SUBJECT: July 3, 1985 Mayor and Members of the Rick Gomez, City Planner Otto Kroutil, Senior Pla it ~~cn,tipt n,- 9 ~'~ j ' F Z _.......W' ~ The purpose of this memo is to point out an error on page 149 of your agenda. The total number of apartment units built in the 1978-85 period should reflect 1697 rather than 1455 units. We omitted 242 units now approaching completion and apologize for the oversight. In addition, you will also find supplemental materials to the previous staff report on apartment development study submitted to you with the agenda packet last week. The additional information is concerning the apartments built prior to 1918, and it can be summarized below: A total of nine (9) apartment comp sexes, including 787 total units, were built in the study area prior to 1918. 2. Apartment rentals for these pre-1978 built apartments vary as follows: Bachelor: $325 1-Bedroom: $320 - $410 per month 2-Bedroom: $490 - $500 per month 3-Bedroom: $600 - per month 3. The current vacancy rate for the pre-1918 built apartments is 0, 5% (8% for the apartments built from 1978 to 1985, see previous staff report). 4. The household size for the pre-1978 built apartments range mostly from I-2 persons per unit (1-4 persons per unit for the apartments built from 1978 to 1985, see previous staff report). In addition, staff has gathered information on the three Planned Communities, i.e. Terra Vista, Victoria, and Caryn. Development status of the Planned Community areas is in the following Table: ~-l v L L V V O ~ ro L ++ ++ Y N r- N O ~1- C ~ C r- M O b W V LL M ^ b b m b p] u y~ ~ N in l V- u ry O ~p C C x O p c 0 v a+ ¢~ u t v V y ~ N > +' O W L L o n n n W 4 N b N V O ~[ l 1~ n C' n N ~ ~ y ~ Y O ,- N N N W ~ O O ¢ C U L N a C _ a v Y V L C V W O ~ C a ~~ L ~ C a+ i~ ~ p ~ O C N n O~ u L L N ~ O 601 a p ~ V Q ~ N Y~ C w ~ p u p~u ~ c u. m ~ c E L D U C VI % u y y N c N r .n n x ~ v a O M I N 9 N Y > C N L 6 O O n 6 L V N n k O O K M N O b n N n Y 01 N ~ p V - fD , N a 0 u ,~, c v y O C lJ C ~ o ,~ ro o ~ v o V e, y ~ O ro Jy Q H L } . L Q C F U q ro ~ O u c O c ° O Q ' J E d L m ~- m i + ~ o N H } T V p n V1 O VI O VI F- S-Z ` • N N N N LL O~ OVI 1 1 1 1 w ^ ~ ^ ^ w ' O ^G6 H W, O O O O O 4 U O< Z~ mor - 3 2 - w edrm. 1 0 0 0 0 dr m (~l M f~1 m. e m m ro ach. 4/mor edrm. ~ 3 v~` t-o edrm. ••~ ~ o Z w W n edrm. 0 0 ~ V pJ V N d M1 ^ 1 } O e rm. H ach. oln zr c? v m v ^ r .- OLL F-o i! In 4 N ~ O p ~ V Z 4 L ¢w y y ~ ~ W V nJ v SS N L L L F L L 6d L ~ L d d N Z`~ L N U N u ^ U ~ ~~ ~ ~ al v ~O ..- 1- . Co ALL. L06 OC'LL. LQ2 '3 3o N•t m~ ago oiM cio to clo ou LRrl LEA um~n Lpl -~ a '' rn urnrn . ., ¢rn~ ~ rn tirnrn •--7 ~ ~ ~ N N N LLO 1 O V1 1 I I O W W N ~ ~ ~' ~' 11 ~ N r, O O V O LLi O G U O¢ Z7 r 3 ° ° Z ~ edrm Oro °` ° w . a ~ ~ ~ ° I o 0 0 edrm ^' '^ . M M C t•1 O ach W '^ . $ N U f'1 6 _ _ 4/mor ~ edrm. "' n '~ 3 m i o drm "' ~ ~ o . e zo ~ 2 ~W d ~ e ~ w LL° rm. e ~, °o _, z ~ rn m £ a < a o edrm. l a F-~ w ach. O N sr J ~ ¢ = N m l0 t[1 w Q 01 W ^ l0 t~ LL f- O ~ Y N G i+ L N ¢ 6 p 2 > VI Q Z Y W 01 G W Y Q j 01l'1 O YI N ~ N O ~ ~ W ^J d ` N . - N IO £ a V V O ~ ¢ O. ^ 4 ~1p L d `~ ~ t0 y t'1 V (- O i q O 1` O i t'1 r U~ y U J LL O ¢ ~~I"' w i- ~ 31n 1-C -~ ¢ In n .- u I O ' L'A ~ ~ ~ d.0 LtOD 'A ]1~ N. Q LL01 :] ;V ~my 'O dJ UOl WT9 .~vl~ ~. 01 ~~~„ A ORDINANCE NO. 266-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA EXTENDING THE EFFECTIVE DATE OF ORDINANCE N0. 266 PERTAINING TO INTERIM URGENCY ZONING REGULATIONS WITH REGARD TO THE ESTAALISY.- MENT OF ADULT BUSINESSES. A. Recitals. (i) On December 7, 1983, 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 as only a permitted use in the General Commercial District. Moreover, said Section 17. 10. 030 (f) establishes certain special use regulations pertaining to where such adult businesses could be located within such General Cozune rcial Zone. (ii) Subsequent to the City's adoption of the Development Code, certain decisions of the United State Court of Aopeals 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 Rancho Cucamonga. (iii) On June 5, 1985, the City Council of the City of Rancho Cucamonga adopted its Ordinance No. 2'06 prohibiting the establishment of all Adult Businesses, as defined by Section 17.02.140(C)(3) of the Development Code of the City of Rancho Cucamonga, in all development districts within the City so long as such interim zoning regulations were in effect and operative. As required by California Government Code Section 66858(a), such Ordinance No. 266 could be effective for no longer than forty-five (45) days following its adoption unless, after public hearing, the City Council extends the operative effect of the ordinance in the manner as provided in said Section 65858(a). (i.v) This Council is concerned about the validity of special use regulations pertaining to adul~ businesses and finds that it is necessary to continue the i.n terim zoning previ- sions to allow the Planning Staff and Planning Commission of -1- ORDINANCE NO. Page 2 the City of Aanc ho Cucamonga time to further investigate the issue of whether adult businesses should be permitted within the City as well as the special use provisions which nay be appropriate to such adult businesses. (v) Pursuant to California Government Code Section 658581d), on June 19, 1985, the City Council was presented with an oral s`_aff report concezning the measures taken relative to adult businesses following the adoption of said Ordinance No. 266 and, based upon said oral report, a written report of the City Council was prepared relative to such measures taken. (vi) on July 3, 1985, a duly noticed public hearing was held hefore the City Council of the City of Rancho Cucamonga pursuant to the requirements of California Government Code Section 66858(a) relative to whether the interim zoning regula- tions contained in said Ordinance No. 266 should be continued. Said public hearing was concluded prior to the adoption of this Ordinance, (vii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, IT TS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS FOLLO[•7S: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2: Based upon substantial evidence presented to this Council Suring the above-referenced July 3, 1985 hearing, including staff presentation, the minutes of the above-referenced June 19, public hearing and the contents of the written report concerning measures taken, this Council hereby specifically finds as Follows: a. The special use reyulations pertaining to Adult Businesses as contained in Section 17.10.030(£) of the Rancho Cucamonga Municipal Code have the possibility to Ge found unconstitutional and unenforceable as currently set forth; b. The unrestrained and unregulated yrowth of Adult Businesses has been shown to be a detriment to the economic, social and cultural we lfare of communities; and, -2- ORDINANCE NO. Page 3 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 Develonment 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 adopted by Ordinance No. 266 are hereby extended pursuant to the terms of this Ordinance: 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 4: This Ordinance is enacted under the authority of California Government Code Section 65858(a) and shall be of no further force and effect as of March 6, 1986 unless 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 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 Ozd finance and shall 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 Crty of Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED and ADOPTED this day of , 1985. -3- ORDINANCE NO. Page 9 I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 1985, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the __ day of 1985, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST• Beverly A. Aut e et, City Clerk City of Rancho Cucamonga _q_ July 3, 19as CITY OF RANCNO CULAMONGA CITY COUNCIL MINUTES Re¢u lar Mee tin¢ 1. CALL TO ORDER A regular meeting of the Ci [y Council of the City of Rancho Cucamonga me[ on Wednesday, July 3, 1985 in the Lions Park Commmity Center, 9161 Baee Line Road. The meeting was called [o order a[ 7:35 p.m. Present were Couacil members: Pamela J. Wri gh c, Charles J. Buquet (who arrived a[ 7:40 p.m J , Richard M. Dahl, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Nea ae rman; Ci [y Clerk, Beverly A. Au[hele t; City Attorney, James Markman; Ae ei atant to City Manager, Robert Rizzo; Administrative Analye t, Nark Lorimer; Community Development Director, Jack Lam; Ci [y Pl sane r, Rick Gamer; City Engineer, Lloyd Nubbe; Finance Direc- tor, Barry Empey; and Community Services Director, Bill Rol ley. Aheen[: Councilman Jeffrey Ring. Approval of Minu[ee: June 5, 1985 and June 13, 1985. (Minutes vets not ap- proved: Councilman Buquet had not yet arrived end Councilwoman Wright would be abstaining ei nce she had no[ been present at [he meetings. Item wee moved [o end of the meeting, but forgotten). x x x x x x 2. ANNOUNCEMENTS/PBESENTATIONS 2A. Wednesday, July 30, 1985, 7:00 p.m. - PLANNING COMMISSION, Liooe Park Com- munity Center. 2H. Thar edey, July IB, 1985 - 7:30 p.m. - PARR DEVELOPMENT COMMISSION, Lions Park Community Center. 2C. BIS TORIC PRESERVATION COMMISSION will not be meeting during July and Augu e[. 2D. Mr. Was se zman requee [ed that an item be added to [be Consent Calendar: 3P. Summary Vacation of Unused portion of City flood control 6 water con- servation easement et the southwesterly corner of Poothill S Reliman. 2E. Nr. Nae se rmen announced the[ [he City Pl sonar, Rick Gamec, would be leev ing the City to accept employment in [he private ee c[or. * * R * * * 3. CONSENT CALENDAR Councilwoman Wright requested that Coneenc Calendar item L be removed for dis- cussion. Ci cy Tr assurer, Jemee Frost, requested that item E be removed Eor discussion. Mayor Mikels requested that item K be removed for die cuasi om. Councilman Dehl ragas aced that item M be removed for di scueei oo. City Council Minutes July 3, 1985 Page 2 (1) 3A. AI<oh of Beverage Application (AB 85-12) for off-sale beer S vine, Penny's Petals, 8405 Bev en Ave., Ni cb eel P. and Penelope T. Hilon. (0409-04 ALCOHOL) (2) 3H. Alcohol Beverage Applica [i on (AB 85-13) for oa-sale beer A vine eating place, Cheronq'e, 9170 Haven Avenue, M[hony J. and Cheryl A. Pi orenza. (0409-04 ALCOHOL) 3C. Approval of City-State Agreement (00054) Supplement No. 9 to ee ek bide for [he Archibald Avenue Truok Sever end Street Cona[ructi an of 4th Street to Baee Line Road FAU No. 08-5420. (0602-01 CONTRACT) (Q501-O1 SID) (3) RESOLUTION N0. 85-208 A RESOLUTION OP TRe CITY COUNCIL OF TBE CITY OP RAH CRO CUCANONGA, CAL IFOHN IA, AIITNOBIZING THE EXECUTION OF LOCAL AGENCY STATE AGREEMENT N0. 08-5420 SUPPLEMLTiT N0. 9 ~ (4) RESOLUTION N0. 85-209 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RAH CHO CDCANONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OP ARCNIBALD AVENUE OVERLAY AND TRUNK SHNER IN SAID CITY AND AUTHORIZING PND DIRECTII7G 1HE CITY CLERA TO ADVERTISE TO RECEIVE FOR BIDS 3D. Approval to renew maintenance contracts for: (3) Parkway and Irrigation Main[eoeoce ritb SCLM Co. (C084-34) wr th +3S adjua tmen[; (0602-01 CONTRACT) (6) Street Sweeping with R.F. Dic ka oa (C084-40) with +4X adjustment; (06 U2-O1 CONTRACT) (7) Coucre [e Repe it with J.R. Concrete (C084-08) vi th *SS adjustment (06 U2-O1 CONTRACT) !8) Suppiementery and Emergency Repairs rith Laird Conetruc[icn (C084 -41) vetch i2X adjustment for labor only; (0602-01 CONTRACT) (9) Md to eolicif bide for Street Tree Maintenance Contract. (0601-01 BID) (LC) 3H. Aceept the Ber71-Hellrn Storf Drain (23-4637-8D69) In~rwe~enb (C08M22 Rireraide Conntraction), arthoriae the Ci tp ~ineer to file • !•otice of Car pletiw, releaae perfornaoee bond ($898.904.50) nod retention ($44,945.23), ~cd aothori ae final papent. (item removed for di scueei on). (0602-01 BOND RELEASE) (1170-08 FLOOD CONTROL) (11) EESOLUTION N0. 85-210 A RESOLUTION OF TNH CITY COUNCIL OF THE CITY OP RAN CNU CU CAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC INPROVENEN TS FOB BERYL-HELLMAN STORM DRAIN AND AUTHORIZING THE FILING OP A NOTICE OF CONPLETION FOR 1HE NORR (12) 3F. Ac cep[ Improvemen to from Ramon Avenue from Hase Line Noz th to the Pacific Electric Railroad (11-4637-8102), release perf ormanre hood ($75,741.93) and re- tention ($9,137.64), and author ire final payment (C084-074 Nileq Conetruc[i on). (0602-01 BOND RELEASE) (1110-12 STBEET IMPROVENEN T) (L3) RESOLUTION NO. 85-211 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF RAH CHU CIICANONUA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS POR RANONA AVENUE FROM gpSE LINE NORTH TO THE PACIFIC ELECTRIC RAILBOAD AND AU IHORI2INC THE PILING OF A NOTICE OP COMPLETION POB THE NORK City Couv cil Ni nut es July 3, 1985 Page 3 3G. Ac rapt Real Property Improvement Con[rac[ and Lien Agr semen[ for Parcel Nap (IG) 8015 located vest of Beryl and south of 19th Street submitted by Noutz d Son. (0602-01 AGREENNT LIEN/IHPROV) RESOLUTION N0. 65-212 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OP RAN CRO CUCAHONGA~ CAL IFOBN IA, ACCEPTING AREAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM NOUTZ d SONS FOR PARCEL NAP 8815 AND AUINORIZING 111E MAYOR AND CITY CLEBE TO SIGN THE SANE 3R. Approval of Bonds, Agreement, avd Final Hap of Tract No. 12830 located on (15) the vest aide of Beryl S[ree t, south of 19th Street au'"omitted by Citation (16) Romeo. (0602-01 AGREEl07T IMPROVENEN T) (1002-09 TRACT MAP) RESOLUTION N0. 65-213 A RESOLUTION OF THE CITY GDDNGIL OF THE CITY OP RAN CFIO CUCANONGA, CALIFORNIA, APPROVING INPROVElD21T AGREENEN T, IHPROVElffJ]T SECIIRI- TY, AND FINAL MAP OF TAACT NO 12830 31. Approval of Profeasi oral Servicee Agreement (COBS-067) ~tth G.P.S. Coneui [- (17) ing Civil Engineers to perform pleas, specifics [i one, and estimates for Leman Avenue Recovetructi on from Archibald to Nermosa with design Eor box culvert crowing at the Alta Lama Channel. Amount oo[ to exceed $34,200.00 co be pard f tom Article 8 HB-325 funds. (0602-01 CONTRACT) 3J. RE:.EASE OP BONDS: Tract No. 10046 located north of Bil lei de Road be [veen Archibald Avenue and (18) Hermosa Avenue sad Tract No. 10047 located south of Nil lei de Road be [veev Archibald Avenue and Nermoee Avenue submitted by The Aadeu Gr vup. (0602-01 HONG RELEASE) Faithful Performance Hond $733,000.00 Labor 6 Material Bond $366,500.00 Tract Noe 12337. 12337-1. 12237-2 located east of Nermosa Avenue vor to erly (l9) of Nil leide Road submitted by Dick Scott, Iac. (0602-Oi BOND RELEASE) Faithful Performance Hond $392,000.00 Labor 6 Materiel Bond $196,000.00 Tract No 9441 and 11609 located south of Wilson Avenue be tveen Archibald (20) Avenue and Nermoee Avenue eubm it red by Criamer Development Corporation. (0602-01 BONG RELEAS B) Faithful Performance Bond $650,600.00 Lahar 6 Material Bond 5325,000.00 Parcel Nan 7771 located on the west aide of Raven Avenue be tveen 6th and (2L) 7th Street submitted by Santa Ani [a Dev el opmev t. (0602-01 BOND RELEASE) Nonumen[a ti on Bond $ 1,500.00 3[. Approval to forrard Claim For [qni able Indmi[y by Saatbern Glifornia (22) Ndiaon Company (CLBS-016) reLting to Claim by James Parrar (CL84-070) [o Carl Warren Company for handling. Item removed for discuesi on. Bee page 12 of min- utes. (0704-Ofi CLAIM) 3L. Set public bearing for July 17, 1985 - Appeal of tree [eswval Perot (23) 85-25. u appeal by [6e applicant of the Plauniag Diviaioa'• denial of tree Re.vval Peru t 85-25 Eor 1Y~act 10277-2 and 10277 - [ioga [an<ho 8atate• (Baraakiaa). Item removed for di acueei on. (0701-06 APPEAL) City Council Minutes July 3, 1985 Page 4 (24) 3tl. Set public hearing for Ju17 17, 1985 - Tentative Tract 12532 - Archibald Aeaociates. Appeal 67 applicant of Planing Coariuiou's cwdi [iw of approval for Design Yevier for Tentative irac[ 12532, a reapplica[iw for design revier of minor •rchitec coral changes to the apprmed elevations sod adding one ner elevation foz 102 zero lot line and 9 single Fail? lob on 14.5 acres of land im the Lw tledia (4-8 da/ac) Diafrict, located st tlonte Vista Scree[, betreen Arehiba ld Avenne and Yawn Avenue -API[ 202-181-05, 06, 15, 16. Item removed for discuaeion. (0701-06 APPEAL) (25) 3N. Set public hearing for August 7, 1985 - Appeai by Councilman Dahl of the Planning Department's deci ai on approving a Tree Removal Permit No. BS-20 to re- move four euca lyptue trees in the Pacer Homes Tract No. 12522 located o^ the nor [h aide of the Southern Patifit Railroad be Crean Ar chibe ld and Ramona. (0701-06 APPEAL) (26) 30. Approval of the Lar Enf ozcemen[ Service Contract (C085-068)for fie cal year ~ 1985-86 ri th the County of Sao Bernardino. (0602-01 CONTRACT) (27) 3P, ADDED ITEM; Summery vacation of unused portion of Ci [y flood control and va ter conserva[i on easement at [he sou[hresterly corner of Foothill and Eel loran. (1110-18 VACATION STREET) RESOLUTION N0. 85-217 A RESOLUTION OF THE CITY COUNCll OF TEE CITY OF RANCHO CUCANONGA, CALIFOIiN IA, SUID/ARILY ORDERING 1gE VACATION OF A PORTION OF A CITY FLOOD CONTROL AND WATER CONSERVATION EASE- MENT MOTION: Moved by Dahl, seconded by Wright to approve the balance of the Con- sent Calendar (items e, k, 1, and m removed for discus ei on). Motion carried by the follwing vote: AYES: Wright, Nike la Dahl NOES; None ABSENT: Euque[ and Riog x x x x t r DISCUSSION OF ITEM E: Accept [he Beryl-Hellman Storm Drain (23-4637-8069) Im- provemen[e, authorize the City Engi Weer [o file a Notice of Cwpl eti on, release pe rformence bond ($898,904.50) and retention ($44,945.23), and authorize final payment. (See page 5 for mo[i on and vote). RESOLUTION N0. 85-210 A RESOLUTION OP TIIE CITY COUNCIL OF TBE CITY OF RANCNV CIICANONCA, CALIFORNIA, ACCEPTING TBE PDBLIC INPROVFNEN TS FOR BERYL-EELLNAN ETORM DRAiN AND AUIHORI2ING TIIE FILING OP A NOTICE OF COMPLETION FOR THE NOR1C City Treaeur er, Jemee Fr oat, or eeented some historical be ckgzound on the item. This was one of the fire[ trouble ereea facing [he Ci[y of car incorporation rhich led to several Claims egainat the City. x x x x x x DISCUSSION OF ITEM L: Se[ public hearing for July 17, 1985 - Appeal of Tree Re- moval Perini[ 85-25. M appeal by the eppl ice nt of the Planning Div ieion's de- nial of Tree Removal Permit 85-25 for Tzac[ 10277-2 end 10277 - Ri nge Rancho Estates (Barmakien). Mayor Mike le expr ee eed thac [he public hearing dace be chwged to August 7th eioce [ro members of the Council rould na[ be pr scent, and they rould ltke input on this item. (See page 5 For motion and vote). Ci [y Council Minutes July 3, 19B5 Page 5 x x x x x x DISCUSSION OF ITEM N: Councilman Dehl wasted [he public hearing ee[ for August 7th on [hie item also. (See moti oo end vote below). x x x x x x DISCUSSION OF ITEM R: Will be di ecuesed in Cloe ed Seaei on. x x x x x x NOTION: Moved by Dahl, eecosded by Wright Co appr we Cones n[ Calendar items E, L, and N with Item R to be di etas eed in Cl need Seeeion. Mo[i on carried by [he follwing vote: AYES: Hright, Hike ls, Dahl NOES: None ABSENT: Buquet and King x x x x x x 4. ADVERTISED PUBLIC HEARINGS 4A. APPEAL OF THE ADJACENT PROPERTY 0{VNERS ON TBOROOGHBRED STREET OP TBE PLAN- (28) NING COMMISSION'S DECISION APPROVING TENTATIVE TRACT 10349 - PLAZA BUILDERS. A total residential development on 33.2 oat acr ea of land in [he Very Lw Resi- dential Di strict (1-2 du/ac), located vest of Sepphtre S[ree[, south of Jennet S[r ee[ - APN 1043-121-3, 1062-161-1 and 1062-011-3. Item continued from May 1, 1985. (0701-06 APPEAL) Neyor Mi ke le seated Chat the Ad Hoc Committee of the Council vhrch had been formed to rev iev this had meta couple of cimee and discussed the ounce me of Che adjacent property owns rs. The applicant, Plaza Builders, has ales met with the Ad Hoc Committee and vent over the list of items which had been identified ee concerns and to a large degree moat of [he differences have been ree olved. There are same remaining issues, end those are: pitch of the roofs oo [he one story units, laude ce ping prw iei one, and a separate issue by the developer to increase the number of lots by reducing the aqua re footage from 22500 to 20000 vhich will alive approaime Cely four more lots [o the project. Scoff recommended, if Council concurs vi tb the reeolutione of these iee ue e, chat the appl icent agree to a continuance of she item [o a specific tame (under the requirements of the Sce to law and the tentative map) when he can preps re chase drawings for Council's revt ev. Thirty days has been recommended. xxxxx Councilman Buquet arrived - 7:45 p.m.) xxxxxx Mayor Mike la opened [he meeting for public hearing. Addressing Council were: Kathryn Br anman, attorney in She lev office of David Sheffer rapt ese ^ti ng [he homeowners of Thoroughbred, asked if it would be poesi ble for there to be an in [erim period of pe rhape two weeks during vhich [he Ad Hoc Committee could review the developer's recommends [i one? Mayor Mi ke le ae ked Mr. Marquardt if Chia would be poesi bl e. It wee ree ooved that they could eat the continuance to August 7th, and if [he request had not been accomplished [hen it could be continued Co the 21st of Augue[. Me. Brenman stated eh ey would be agreeable to the t. Me. Bramsan eta tad [he other ise ue wee regarding the Env iro®eneal Impact Report (in her letter dated May 31, 1985 on behalf of the app=;lent). Th ie has not been addressed. They van[ to know if Chia will be addressed, and if eo, will it be a eubj act on the Agenda et the August 7th meeting? City Council Minutes July 3, 1985 Page 6 City ACtorney stated there is an EIR and there are poi me on i[ ChaC are ov the record. He hoe talked vi[h Ms. Bracman before, and what she is gorng to have [o see ie the mi[i ga tion measures [heC come back as part of the pe ckage for ap- proval. City Planner, Rick Gomez, ate tad that an ini [i el study vas prepared and a nega- tive de clera ti on vas issued by the Planning Comm is ei on rhtch hoe been stayed. A Notice of Determine ti on will not be filed until [he appeal process is com- pleted. Mayor Nike is eta red [ha[ when the appeal hoe concluded they the negative decla- ration will be pare of the findings of the Council when [he tents Live tract map is filed. A[ [hat time, she can voice any further obj actions in [he initial env ironmentel eeudy. If Council feels they are appropriate, then they can ask for an EIA on the al[erne rive. John Hazelrigg, 6079 Thoroughbred, stated [hey rare concerned about the roof pi[cbee on [he one story el eva [ions. The Ad 8oc Committee, of which he vas a member, negotiated with [he developer vs [h him offering a 3,300 square foot home and retaining [he 2,000 square foot home ri [h a etrpula- [ion Chat [hie home be enhanced in appearance to ct ea to the illuei on of at least a bigger home and fit in rith the surrounding neighborhood. They feel chat [he increase roof elevation pitch is very important [o [he ap- pearance of [his tract along with [he o£t setting of the garages partially to the side to create a eider eleven on in [he front. If these be ttermen[s are made to the 2,000 square foot home, they could live with it. Tim Marquardt, Plaza Builders, 3187 Airvey Avenue, Costa Meea, had nothing [o add, but did state for the record that i[ vas acceptable to him [o [he continuance to August 7, 1985. There being no fur [her public response, Mayor Mike is closed Che public hearing. Council covei dared each issue individually ee follwe: 1. Pitch of Roof. Mayor Mikela recommended the[ Council epprwe the 7/12 pitch on [he single story unite. Council concurred with [he retammendation. 2. Landecaoing. Developer pr opoeed offering 52,000 front yard lends taping allwence co be installed vi th in a fixed period of time versus the Ad Hoc Commit to e'e recommendation of prw iding lends taping services [o the homewners by the developer. Mayor Mikele said [he issue vas hw to get the front yards lands taped. Councilman Dahl expr eased concern with the $2,000 sllwavice; someone might keep a por [ion of [he money for himself. There needs to be en assurance the money will be spend for Chet purpose. Manor Mikeis eta fed that one thing discussed vas to require the irrigation eye- tem to be [he Eiret eapendi CUre of tboee moni ea. No[ discussed at the Ad Moc Committee, he wondered if perhaps this could be keyed to en occupancy Permit to require that the landecapi ng be completed. Jack Lem, Commuvi ty Development Director, eta red the[ the unit cannot be occupied unl see it ie cleared for occupancy. After all [he inspecti one are done, it ie ai gned off that ie ie cleared For occupancy. Under th to sugge~- tion, you would be requee ti ng that the landscaping be installed prtor to occupancy. Councilmen Buquet Eelt this would be a problem because when [he clearance ie given for occupancy, at [het Lime the utilities tan be turned on. A person would haves problem maintaining the lends cepi ng until eu ch time same one moves into [he house. City Council Minutes July 3, 198) Page 7 Johr Nazelrigg elated [hey were not ae concerned about the landscaping not ge tt_ng put in, but that it be done by one contr actor so there would be comps ti bilicy. Councilwomen Nrigh[ ezprea eed it heed to believe Ghat Rancho Cucamonga has nev- er had a developer [ha[ prw ided landscaping ae par[ of the homes for Bale and [hat any other City has vot had a developer offer front yard lauds ca pi ng ae part of the buying of the home. If that is the case, then she does not under- stand the problem of being able to work out some[h ing [his developer could of- fer Chia without having pr obleme of maintenance be [wean the time the home is sold and [he people move in. Mayor Nikels responded [hat in Chia case [here vas the distinc[i on of haw tng e cookie tutfer uniformity to the landscaping and van ti ng some variety and diversity in the landscaping, but not wanting aemeth ing too far out that i[ would be incompatible. The Ad Noc Committee felt it 6e et to have it done by one firm in order [o have the uniformity ne<ee vary. Nike Vairiv, Deer Creek Company, 8480 Utica Avenue, Honcho Cucamonga, stat- ed they had been dealing with landscaping with [hetr homes for quite same time. The Deer Creek Pzoj act hoe a Very etz ong Hame wnere Associa[i on. They still have a difficult time, and are prase n[ly in litigation with come who have still not put in [heir lands co ping within the given pertod of time. Even vi th such a strong Aasocia ti on, it does no[ guarantee [ha[ the homes will be lands taped within the period of time. He diaagr eed with [he ph iloeaphy of Council [o require front yard lands taping [o be giv with. He felt it takes away the individuality of the homeowner [o do what he wants Co do. They offer frvn[ yard landscaping and have ergs rienced some serious pr obiems with it, They put in [he lends capi ng, [he homewner lets i[ die because they don't like ic; they want to do their wn Ching. Mr. Ron Dlugi, 6611 Bandola, expressed concern about the precedent this will ee e. There being no further public roe pones, Mayor Nikela tloeed the public hearing. Mayor Mike le recommended approval of [he $2,000 allwance for lands rapi ng be accepted by Council end require that the home wnere be given a rase oneb le peri- od of time [o utilize the allwance for lands taping with the irrige ti on system to be a part of that expenditure or the money will be lost. Council di ecueeed what would be a reeeomble period of time. Tim Marquardt stated you moat give people time to get their drapes, etc. Mayor Mikels eugges tad a ninety day period. Jim Barton, Barton Development, stated [he[ lends caging vas a seasonal thing. Setting a time limit was very limiting in what you ten do. John, a gentleman from the audience, eta tad the intent wee to make sure [hat the home wnere were pleased vi [h Che fiml product. IC ie ee esonal, but its ^ot that seasonal. Be had hie front yard put in in November, December, and Januezy. Mayor Mike la suggested [ha[ a person be given 120 days [o utilize the $2,000 allwance From the developer and that the mtnimum requirement be 80S sod, 20S ground cover, and 25S 5-gallon trees evd ehrube. MOTION: Moved by Dahl, eecovded by Nrigh[ to approve the follwing findi nge: a. A homewner be given 120 days [o utilize the $2,000 allwance from the developer Eor front yard landscaping; and b. Developer offer a contr et[or t0 do work withi^ 120 days from close of ee cr w; and c. Nork include 80S sod, 20S gr ound cover, and 25I 5-gallon trees end ehrube; and City Council Minutes July 3, 1985 Page 8 d. If offer no[ take v, [hen homewner would lose Che money. Motion carried by [he following vote: AYES; Wright, Dehl, Mike is NOES: Buquet ABSENT: King .xxxxx Mayor Mi kels called a race sa et 8:45 p.m. The mee [i ng reconvened at 9:15 p.m. with all Councilmembers but Councilman King present. xxxxx 3. Considers ti on of increase in number of lots [0 57. Mayor Mikele opened the meeting for public hearing. Addressing Council were: ~ John Mazeingg eta [ed the only issue was that same of [he larger homes would not ei[ on the lot size, and they mtght have a greater number of the smaller homes. They would want an equal distribution of all the home sizes. Mayor Mikele ste [ed they were looking for a comps [r 61e distribution instead of an equal dis[ributi on. Larry alias, Plaza Builders, ate tad the money was iv the larger homes so they would wan[ to sell ae many of the larger homes as possible. There being na Further public response, Mayor Mikele cl oeed the public hearing. NOTION: Moved by Dahl, seconded by Buquet to recognize [he increase of the number of homes to 57 ae a Condition of Approval and direct staff to place [he appr opzia[e sized home on the appropriate lot size with a minimum lot size of 20,000 square feet, and bring beck for epprwal prt or to final map. Ho[r on carried 4-0-1 (Ring absent). x x x x x x (Z9) 4B. EN VIHONMENTAL A358SSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 85.06 - CITY OP RANCHO COCAMONGA. M amendment to the Development Districts Map from Lw-Medium Reeidenti el (4-8 du /ac) end Lw Residential (2-4 du /ac) to Very Lw Reai de nti el (less than 2 du /ac) oa T0.2 scree of land located on the eout6 aide of Wi le on, between Haven avd Mayberry, and to include [hose parcels fronting on [he vest ei de of Mayberry - AFN 201-181-7-10, 59-60, 80-85. Preee rated by Hick Gomez, City Planner. (0203-OS DEVELOP DISTH ICT) Mayor Nikels opened the meeting for public hearing. There being no res posse, the public hearing was cl oeed. City Clerk Authe let read [he ci tle of Ordinance No. 267. OBDINAN CE N0. 267 (second reading) AN ORDINANCE OF TfIE Cl TY COUNCIL OF TBE CITY OF BAN CIIO CUCAMONCA, CALIFORNIA, RBZON Il1G ASSESSOR'S PARCEL NUMBER 201-181-7-10, 59-60, AND 80-85, LOCATED ON THE SOUTH SIDE OP NIL SON, BE11iE@7 EAVEN AND NAYBERBY AND IN CLL'DINC THOSE PARCELS PROM TII(G ON 111E WEST SIDP OF NAYBERBY PROM LOU MEOIUH BES IDENTIAL (4-8 DU/AC) AND LOW RESIDENTIAL (2-4 DU/AC) TO VERY LOW RESIDENTIAL (LESS THAN 2 DU/AC) NOTION; Roved by Oahl, seconded by Buquet to waive full reading of Ordinance No. 267. Hoti on carried 4-0-1 (Riog absent). MOTION: Moved by De hl, seconded by Mikels [o appr we Or dinence No. 267. Mo- [ivn carried 4-0-I (Ring absent). x • * x x x City Council Minutes July 3, 1985 Page 9 4C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 85 02 - (30) ROOYMAN. A Development Dr s[r u[ AmendmenC from Medium Reeidenti al (B-14 du/ac) to Low Medium Re vi dev[i al (4-8 du /ac) for 9.75 acres of land lcca tad at the nor tb east corner of Archibald Avenue and Highland P.vevue - ARi 201-252-23, 25, 28, Report pr see nted by Rick Gomez, Ci[y Pl anver. (0203-OS DEVELOP DIS TRI GI') Mayor Mikela opened [he meeting for public heari vg. There being no res povse, the public hearing was closed. Ci [y Clerk AuChele[ read Che title of Or di nonce No. 268. OADINAN CE NO. 268 (second reeding) AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OP RAH CRO CUCAMONGA, CALIFORNIA, HEZON ING ASSESSOR'S PARCEL NUMBER 201-252-23, 25, 26 LOCATED ON TEE NORTHEAST CORNER OP ARCM IHALD AVENUE AND NIGNLAND AV@IOE PROM MEDIUM RESIDENTIAL (8-14 DU/AC) TO LOW H.:D1L'M RESIN DEN TIAL (4-8 DU/AC) MOTION: Moved by Huque[, seconded by Wright to warve full reading of Ordinance No. 268. Notion carried 4-0-1 (Ring absent). MOTION: Moved by Hi kola, seconded by Buquet [o approve Ordi Dance No. 268. Mo- tion carried 4-0-1 (Ring absent). x x x x x x 4D. INTERIM ZONING ORDINANCE PERTAINING TO TILE ESTABLISHMENT OF MULT BUSINESS- (31) ES. Report by Sim Markman, City Attorney. (0203-03 ADULT BUSINESS) Mr. Markman eta tad that Chia ie [he time [o extend the 45 day freeze on adult type uses [o March 6, 1985 for study purposes. Mayor Mi ke le opened the meeting for public hearing. There being no roe pon se, the public hearing wee cl Deed. City Clerk Au[helet reed the title of Ordinance No. 266-A. ORDINANCE N0. 266-A (urgency measure) AH ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RAN 0110 CUCANONCA, CALIFORNIA, ERTENDING THE EFFECTIVE DATB UP ORDINANCE N0. 266 PERTAINING TO INTERIM URGENCY ZONING BEGULATIONS WITH RPGARD TO THE ESTABLISHMENT OP ADULT BUSINESSES. MOTION: Moved by Wright, seconded by Dahl to waive full reading of Ordinance No. 266-A. Mo[i on carried 4-0-1 (Ring absene). NOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 2fi6-A. Mo- tiov carried 4-0-1 (Ring absent). x x x x x x Council considered items 4E, 4P, and 4G together ae one item. 4E. ORDERING T8E WORR IN CONNECTION WITH ANNERATION N0. 9 FOR TRACT NOS (32) $. Staff report by Leur ea Wesee rmen, City MAINT DIB T) RESOLUTION N0. 85-214 A RESOLUTION OF THE CI T:' COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNERATION N0. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING TIIE ENGINEER'S REPORT FOR TRACT NOS, 12888 AND 12028 THRUUGR 12031 Ci [y Council Minutes 3uly 3, 1985 Page 10 (3J) 4F. 1. RESOLUTION N0. 85-215 A RESOLOTION OF THE CITY COUNCIL OF T11E CITY OF RAN CdO CU CAMONGA, CALIFORNIA, ORDERD7G TdE WORK IN CONNECTION WITH ANNEXATION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT NU. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TBACT NOS. 12588 AND 12028 THROUGd 12031 (3+) G. HAINT RESOLUTION N0. 85-216 A RESOLUTION OF THE CITY COUNCLL OF TdE CITY OF RAH CNO CIICAMONGA, CALIFORNIA, ORDERING 1TIE WORK IN CONNECTION WITH ANNEXATION N0. 24 TO LANDSCAPE MAIN TENANCE DISTRICT R0. 1 AND ACCEPTING TEE FI- NAL ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 TdROUGe 12031 Mayor Mi kale opened the meeting for public hearing. Tbere be tng no response, the public hearing vee closed. HO TION: Moved by Mikels, seconded by Buque[ to approve Re eoluti on Noe. 85-214, 85-215, and 85-216. Motion carried 4-0-1 (Ring abeent). x ~ + ~ x 5. NON-ADVERTISED BEARINGS No items submitted. + t t t ~ + 6.~ CITY HANAGEH'S STAPF EEPOBTS (35) 6A, STATUS REPORT ON APARTMENT DEVELOPMENT, The Ci [y Council will review ex- isting and proposed apartment proj acts in the western portion of the City in order to discuss future direction relative to apartment development. Staff re- port by Rick Gomez, City Pl enoer, and Otto Rroutil, Senior Planner. (0203-03 PLANNING) Mayor Mi kale opened [he mee[i ng for public input. Addr easing Council vas Jim Barton, Barton Development, expreeeed chat [he last trme th re vas dis- cussed, Council vee mnai de ring a morator tum. de felt [hie vas proceeding in [he ri gh[ direction. Councilman Dahl eta [ed he had no intention of eeeki ng s mor a[onvm this evening or at anytime. Mayor Mikels e[e tad the da la wh uh ie clear [ha[ io [he current economtc envr- ro~ent that ve have a conei de reble amount of spar [went uses befog built. The issue of percentage of lend allocated to multi-£am tly rental atructurea com- pared to other reeidenti al lend uses is one item whcch remetne fixed, and what ve are experiencing is the open e[ion of the market. dwever, that ie tempered by the fact Chet apartment unite were not built a[ all in 19tl1 and 1982. Mar- ket for cee end other for cee at work cr ea [i og no unite, and seemingly oppoei ce for cee are at work in thra period of time, de felt the action taken by Council about a month ego of belw market financing vas appr wed for spar [manta, Ne felt this stimule tee and induces ewe development. de voted against it at [het time. de felt that if one eubLracted out the number of City Council Minutes .luly 3, 1985 Page 11 units which have been assisted in terms of financing or 6y Section 8, [he total number of units built since 1983 is only a little over 400, We do not knw if these unite would have been built without [he finaoci al aaeietance. 8wever, he felt it vas a strong indica [i on that this vas true. Be recommended [hat Council rescind the approval of the agreement with [he Council co participate in [he multi-faintly mortgage bond program. Me felt th ie wen one way of con- trolling [his by [eking Council's intervention into the market away and let pure market forces operate. Councilmen Dahl ate tad ve still have CHAFFA to conei de z. llnder the CFIAFFA f inan<i ng program, the City of Rancho Cucamonga would have no say. Apartment developers can go [o the State, and i£ [hey meet the ape cif is regal zements, they can be funded and build. Ne vas also concerned about the report by staff. What staff did not state i^ the report vas ChaC nearly 1,104 (or one-half) of [he total units were filed in 1985. We have not ye[ seen [he se being built. Within [he last six months we Gave received almost ae many apartment unit approvals ae in the pr w roue eev en years. Councilmen Dahl Fuz th er stated that he did not have a problem with apartments in the Planning Communities. Mayor Mikele asked if be vas concerned with where it vas visible or on the wera117 Councilmen Buquet felt ve should be careful. These proper ti ee eat vacant for a long time because it wee ^o[ a market need and vas a saleable product at the cline. Nw i[ presently ie. One thing whtch should be dealt with is the zoning designs ti one. We still have the 10 to 24 unit designs ti on ei[[t ng on the map. What would help allw late concerns would be when Council can focus in more clearly exactly and ape cif ical ly what denai ty ranges will be allwed on these specific parcels. We need to [eke the higher end densi [y ranges end refine them and focus [hem so there would not be the intense desire for a developer [o come in and max the [h ing out. Mayor Mikele opened [he mee [i ng for public input. Addr easing Council vas John Melcher, Levis Momee, stated their company is heavtly committed to the development of aper [manta is Rancho Cucamonga. Felt it was a natural re- sponse to the sudden realization of swathing going on whtch when it vas approved on paper, i[ didn't present the full impnet. Council has addre~s- ed four ways to handle the ei tun ti on: a mor rfarium, some system of gz wth mane games[, reeci nd previous apprwals for bond ftnancing, and co direct the whole matter to staff to determine vhe [her it ie a problem at alt or whether in fact it ie just an oc curzeace that in time will eventually fit into the community ae planned. They strongly requested [ha[ Council aban- don conei deration of that alternative ei oce [hey have two proj acts included in th ie. at least insofar ae i[ ref lecta on Terra Vista. Councilman Buquet expr eased that "affordable houei ng" ie be comtng a new buzz word. Ne finds it amazing when one cal ka about affordable rental housing io the range of $490 to $600 per month. Felt this was of [eo overlooked in keeping chie within a wage that the average median income can afford. This ie not e subsidized housing. This ie eomethtng which should be cleat ed up. Councilwoman Wright felt that the point vas not what the General Plen looks like oa paper, but what ve see heppe Wing a[ [he pr eeenG time. We ^w have more spa r[menta developing aad it appears that ve have an aper [men[ glut. Reel dente are concerned [het [hie ie going fo be a city of apartments. She felt that families will see [he City es a place for spar [manta, no[ a faintly home commu- nity. She does not vao[ to hand chie to staff and have them dream up what Council wants and come back with another report. She vented somethtng done, but vented it to 6e serious aad sot a political mwe. Clear di rec [i one should be given [o staff es to what Council rents to do. Mayor Mikele responded [h a[ he did not feel ready to give explicit direction to the etef f. Ci [y Council Minutes July 3, 1985 Page 12 Caunci lvoman Bright asked the City Attorney what legal parameters [he Council had regarding a grwth management pl a¢ for aper [manta. Jim Markman ree ponded the[ [he general legal pa ramecere ov reeideati al gr w th management control allwe a certain number of unite per year to be 6ui1[ on a first come, firs[ se ryed basis; whether a car [sin type of houei ng is av ope¢ qua etl on. It hoe to be ba eed o¢ some public eaf sty and welfare tri[erie. Normally speaking, ci Ciao who have tried [o apply gr wth manageme¢[ plane do no because chey are running out of capacity each as sewerage, fire press are capacity eo they dole out the right to develop housing for a pe ziod of time. Hwever, even this ie under at- tack. Councilwoman Bright eta tad ba eed ov [hat answer that unl ese Council can come up vich came gzw[6 safety cape ci [y issue, then that alternative is out. Couvcil should consider vhe they i[ would like to take another approach. Mayor Nike le stated there are only certain ways to eppr ouch the problem. That al to r¢a five may not be entirely out. Be are not prepared to take any action tonight, other [h an to direct staff to come back vi th some al [erne fives whtch are available to Couvcil. Councilwoman Bright stated she vented staff [o bring back a way we can achieve a be laced gr w[h be ireev single family unite end spar [manta irc lading condo- minium and twnh ~~~es; includi ¢g [he planned communi [i ee. Councilman Dahl eta tad he agreed, but the strongest concern is the southwest section of the City. Hut [he north central portion is also being impacted. Those areas have [o be looked et. Councilwoman Nright also requested [hat [he Heport ahw Council 6w to keep the balance a[ a 10-1 ratio ae she heard wee part o£ the General Plan. Councilman Dahl pr opoaed [hat staff return with a balanced management recommen- dation at the fire[ meeting in Augue[. Council concurred they all wanted the same [hcng, but were pe rceiv rng the prob- lem from different angles. Mayor Ni kale eta [ed he hee pr opoeed four different ways to approach the prob- lem: zoning the General Ylea, management plan, development code amendments, or the market. And [here ere probably several other ways to solve the problem. tle felt ate ti vg '3alan cad grwth" vas lacking apecif is direction. This ie a political concern, no[ a pl avni ng concern. Ne suggested ae en initial step Council should stop Che inducement of spar tment building while we are Calking abcut ways co control. MOTION: Moved by Mikele, seconded by Bright far ecmeone who voted with the ma- jority [o make a mo[i o¢ to ree ci nd the egr semen[ vi [h the County vn multi-f em ily mortgage bond financing. Notion carried 4-0-1 (King absent). MOTION: Moved by Buque [, seconded by Dahl [o directed staff Co pr spare ivfor- ma[io^ ragas aced [o give coveide zati on to ree ci nd the joint coupe re rive agree- ment with the Couv [y of Sen Bernardino for the multi-family mortgage revenue financing; if ve caw legs lly do any [h ing and all backup data ve ceeeary as to the impact if [hat ecti on is Ceken by Cvuacil. Motion carried 4-0-1 (Ring ab- eaU . Mayor Ni ke le eta cad [hat in eddi ti on to the items i¢numerated by Council, if staff is aware of, then [hey would rent them included, Jack Lam stated in dealing with the aper [went use there are two areas: land use - ie it too much, it is enough, etc.; and issue of rate of gr wth. Dose balanced gz wth deal with the rate of grw th rather [hen the laud uee2 Mayor Mi ke is ree ponded that lend use and rate of gr w[h were nro opti one identified as ways to get et the problem. Zoning end general plan is one area. Grw to management plan to manage [he gr wth ie the second area. This deals vi th both areas land use and rate of gr w th. City Council Minutes July 3, 1985 Page 13 Nz. Lam eta led staff could bri vg back information on how many of all [ne num- bers have been built or under conetruc[i on with result of mortgage bontle eo Council will know their impact vn the rate of growth. Staff <an summarize the issue of remaining land use into these ca [egorrea, and bring beck a summary of legal founds ti ova [o do a management of the gzw [h. Council elated they did not want to limit staff at all. Mr. Lam asked Council wished [he planned communi [i ee [o be included in the ana- lysiaT Council eta led [hey would have [o; an apex tmen[ ie an apartment. Councilman Buquet stated be would like to include the impact of the inducement resoluti one which Council takes for the multi-famrly housing. Councilman Dahl stated he would like th ie to come hack as soon ae possible. • x + ~ ~ oB. ADVISORY C0I81ISSION'S HECOlBfENDATIONS REGARDING CAMPAIGN FINANCING FOR CITY (36) ELECTIONS. Item continued from June 19, 1985 meeti vg. (0702-00 ELECTION) MOTION: Moved by Buque[, seconded by Dahl to receive aad file [he report. Mo- tion carried by the follwing vote: AYES: Buque t, Mikels, Dahl NOES: Wright ABSENT: Ring (Caunc ilwoman Wright commented that she wanted to dis r.uee Chts and wanted i[ sent to the City Attorney for preparation of en ordinance. She felt i[ was put off long enough). • • + ~ f CONSIDERATION OF ITEM 3R: Approval to forvard Claim for Equitable Indemnity by Southern California Edison Company (CL85-O16) relating to Claim by Jamee Farrar (CL84-030) [o Carl Warren Company foz handling. MOTION: Moved by Nikels, ce conded by Dehl to eppr we item 3R. Motion carried 4-0-1 (Ring absent). • s w ~ w ~ 7. COUNCIL BUSINESS No items submitted. • ~ N. ADJOURNMENT MOTION: Moved by Dahl, seconded by Wr ighc to adjourn to Closed Seeei on [o dis- tuea pending litigation, not to recowene th ie evening. Notion cazried 4-0-1 (Ring absent). The mee ti og adjourned at 11:00 midnight. Reepe ctfully submitted, Bev.~thel e~ City Clerk Approved: August 7, 1985