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HomeMy WebLinkAbout1983/10/19 - Agenda Packetis u LL G�" ', 9 I� 1977 CTIY OF RANCHO CUCAMONGA CITY COUNCIL AGENIA Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California October 19. 1983 - 7:30 a.m. All items submitted for the City Council Agenda must be in mriting. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's Office receives all such item. 1. CALL TO ORDER A. Pledge of Allegiance to Flag. B. Roll Call: Buquet _, Dahl , Frost Schlosser _, and Mikels C. Approval of Minutes: September 7, 1983; September 21, 1983; and October 5, 1983. 2. ANNOUNCEMENTS a. Thursday, October 20, 1983, 2:00 p.m. - COUNTY PLANNING COMMISSION HEAPING ON FOOTHILLS COMMUNITY PLAN - Board of Supervisors Nearing Rooe, 175 West Fifth Street, San Bernardino. b. Thursday, October 20, 1983, 7:00 p.m. - PARKS ADVISORY COMMITTEE - Lions Park Community Center. c. Friday, October 21, 1983, 4:00 -7:00 p.m. - MEASURE ^W" RECFPTION - Board of Realtors Office, 217 West 2nd Street, Upland. d. Thursday, October 27, 1983, 7:00 p,m. - CITIZENS ADVISORY COMMISSION - Lions Park Community Center. e. Pr'Bsentption of,a donation by the Alta Low Riding &ub to the City's Heritage Park Development Fund. City Council Agenda -2- October 19, 1983 3. CONSENT CALMAR The following Consent Calendar items are expected to be routine and non- contro"raial. They will be acted upon by the Council at one time without diacuasion. a. Approval of Warrants, Register No. 83- 10 -19, and Payroll 1 ending 10 -2 -83 in the total amount of $1,199,491.15. b. Approval of Assessment District 82 -1 Warrants for July 4 for $3,625.60; August for $96,110.47; and September for $2,341.30. Approval of Assessment District 82 -2 Warrants for July for $3,690,00; for August for $64,740.00. c. Alcoholic Beverage Application (AB83-10) for On -Sale 9 Beer and Wine Public Premises License for LeRoy and Rose Gamble, Ernie's, 7157 Amethyst Avenue. d. Alcoholic Beverage Application (AB83-20) for On -Sale 10 General Eating Place, for N. L. Disco, Inc., Nite Lite Hens A Herfords, 8874 Foothill Boulevard. • e. Forward Claim (CL83-40) against the City by Ernest Sims 11 to the City Attorney and Insurance Carrier for handling. f. Forward Claim (CL83 -41) against the City by James 15 Glidewell Hall to the City Attorney and Insurance Carrier for handling. g. Forward Claim (CL83-42) against the City by C.V. Holder 16 to the City Attorney and Insurance Carrier for handling. h. Request approval of Re— lution establishing the 17 Recreation Services Enterprise Fund and its operational guidelines. This is an item which brings the method of collecting and disbursing fees within the Recreation Service Division into compliance with current Governmental Accounting Standards. RESOLUTION NO. 83 -171 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE RECREATION SERVICES ENTERPRISE FUND. I. Approval of agreement for reconstruction of south half 19 of Lemon Avenue between glusman and Archibald Avenur in 19 h conjunction with Tract 9638 by Crismar Homes; In amount of $5,465. Funds to be drawn from the Systems Development Fund. City Council Agenda -3- October 19, 1983 r1 j. Approval of intent to annex Tracts 12237, 12337-1, 11 12237 -2 to Landscape Maintenance District No. 1 as Annexation No. 15, and set public hearing for November 16, 1983. RESOLUTION NO. 83 -172 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF THE CITY ENGINEER'S REPORT FOR ANNEXATION NO. 15 TO LANDSCAPE MAINTANANCE DISTRICT NO. 1 (TRACTS 12237, 12237 -1, 12237 -2). RESOLUTION NO. 83 -173 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID • ANNEXATION AS ANNEXATION NO. 15 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCPAING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (TRACTS 12237, 12337 -1, 12337 -2). k. Approval to summarily ordering the vacation of 30 unimproved road right -of -way north of Arrow Route and east of Vineyard Avenue. RESOLUTION NO. 83 -174 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN UNIMPROVED ROAD NORTH OF ARROW ROUTE AND EAST OF VINEYARD AVENUE. 1. Approval of acceptance of street improvements and storm 35 drain for Parcel Map 6194 located on 'he east side of Haven Avenue at 7th Street; Cadillac - Fairview Development, developer. F_ I k- City Council Agenda -4- October 19, 1983 r1 L J RESOLUTION NO. 83 -175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6194 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION. m. Release of Bonds: Tract 10569 - located on Placer, east or Archibald Avenue; owner, William Lyon Co. Accept Mainten. Guarantee Bond (road) S 3,300 Release Faitnful Perform. Bond (road) $176,600 S.A. 80 -13 - located on the southeast corner of Sapphire and highland; owner, Corporation of the Presiding Bishop of the LOS Church. Release Faithful Perform. Bond $55,000 • P.M. 7555 - located on the southeast corner of Milliken and 8th Street; owner, O'Donnell, Brigham. Release Faithful Perform. Bond (road) $86,000 RESOLUTION NO. 83 -176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANryO COCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10569 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. RESOLUTION NO. 83 -177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CIICAMOMGA, CALIFORNIA, ACCEPTING THE PUOLIC IMPROVEMENTS FOR S.A. 80 -13 AU7HORIZING Ti1R FILING OF A NOTICE OF COi`1PL ^.TIvli FOR THE WORK. RESOLUTION NO. 83 -178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7555 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. 36 38 40 42 44 City Council Agenda -5- October 19, 1983 • n. Approval of Redevelopment Agency action regarding 46 Judicial Validation Action for future tax allocation bond issues RESOLUTION NO. 83 -179 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REDEVELOPMENT AGENCY'S AUTHORIZING THE ISSUANCE OF UP TO $25,000,000 PRINCIPAL AMOUNT OF TAX ALLOCATION BONDS OF SAID TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOW AS THE RANCHO REDEVELOPMENT PROJECT. o. Approval of destruction of city personnel records which !;n are no longer required by law. RESOLUTION NO. 63 -I8G 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE • DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. p. Approval of reclassification of Administrative Analyst 54 position to Assistant to City Manager at a monthly salary range of $2096- 2550/mo. q. Set public hearing date of November 2, 1983: Draft Development Code. r. Set public hearing date of November 16, 1983: Appeal of Planning Commission decision for consideration of revocation or modification to the conditions for Conditional Use Permit 78 -03 - Boars Head. An appeal for the review of potential operational modifications to the conditions of approval which are intended to resolve complaints and distrubances created by this establishment. The business is within the Rancho Plaza located on the northwest corner of Carnelian and 19th Street. s. Set Public Hearing date of November 16, 1983: Appeal of Planning Commission decision for Environmental Assessment and General Plan Amendment 83 -04A - Carnelian Investments. A request to amend the General Plan Land Use Plan from low residential (2 -4 du /ac) to medium residential (4 -14 du /ac) on approximately 7 acres of land in the R -1 -8500 zone (R -3 pending) located on the south side of Highland, between Jasper and Carnelian - APN 201 - 214 -08. City Council Agenda -6- October 19, 1983 • t. Set Public Hearing date of November 16, 1983: Appeal of Planning Commission decision for Environmental Assessment and Zone Change 83 -03 - Carnelian Investments. A change of zone from R -1 -8500 to R -3 (multiple family residential) on approximately 7 acres of land located on the south side of Highland, between Jasper and Carnelian - APN 201 - 214 -08. 4. ADVERTISED PUBLIC HEARINGS A. CONSIDERATION OF SWIMMING POOL FENCE INSIGHT REVISION. 55 Staff report by Jerry Grant, Building Official. ORDINANCE NO. 122 -A (first reading) 57 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE MINIMUM HEIGHT FOR SWIMMING POOL FENCING. 5. NON- ADVERTIZED PUBLIC HEARINGS • No items submitted. 6. CITY MANAGER'S REPORTS A. STATUS REPORT ON A RECREATIONAL VEHICLE STORAGE YARD. A 66 recreational vehicle storage yard located at 10191 Base Line Road. Staff report by Michael Vairin, Senior Planner. B. CONSIDERATION OF SHERIFF'S CONTRACT. Staff report by 101 Lauren Wasservan, City Manager. C. RESOLUTION ESTABLISHING GUIDELINES FOR RENTAL OF 111 CQWUNITY CENTER FACILITIES. Rental of Community Centers to partially defray the overall cost of operation is a common municipal practice. Adoption of these guidelines will provide Rancho Cucamonga a partial cost recovery tool with which to operate. Staff report by Bill Holley, Community Services Director. RESOLUTION NO. 83 -181 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING GUIDELINES FOR THE RENTAL OF COMMUNITY CENTER FACILITIES. City Council Agenda -7- October 19, 1983 T. CITY ATTORNEY'S REPORTS B. COUNCIL BUSINESS A. REQUEST BY ANDREW BARNARIAR TO ADDRESS COUNCIL. 118 B. CONSIDERATION OF PIIJ.IRG VACANCY ON THE PARKS ADVISORT 119 COMMITTEE. 9• AWOURNMM • r • September 7, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, September 7, 1983. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Jim Robinson; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey. Approval of Minutes: Motion: Moved by Schlosser, seconded by Frost to • approve the minutes of July 18, 19830 August 3, 1983 and August 17, 1983• Motion carried unanimously for minutes of July 18 and August 3. Dahl was absent on August 17• 2. ANNOUNCEMENTS a. Thursday, September 8, 1983, 7:00 p.m. - FIRE DISTRICT BOARD OF DIRECTORS, Lions Park Community Center. b. Wednesday, Setpember 14, 1983, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. c. Tuesday, September 20, 1983, 6:30 P.m. - PLANNING COMMISSION WORKSHOP HEARING for Development Code - Lions Park Community Center. d. Councilman Buquet presented a report from his visit to Sacramento during the "March on the Capitol ". P— Mr. Wasserman requested an Executive Ae.cninn at the conclusion of the meeting. Council concurred. 3. CONSENT CALENDAR a. Approval of Warrants, Register No. 83 -09 -07 and Payroll ending 83 -08 -21 in the total amount of $335,413.05. City Council Minutes -2- September 7, 1963 b. Approval of July, 1983 Warrant Register for Assessment District 82 -1 in • the amount of $3,625.60 and Assessment District 82 -2 in the amount of $3,690. C. Forward Claim by Frederick Docks and Shaeffer Trucking Company Inc, to City Attorney for handling. d. Forward Claim by Thomas John Bryant to City Attorney for handling. e. Forward Claim by Southern Pacific Transportation Company to City Attorney for handling. f. Lease Purchase of Mowing Equipment. Lease purchase of tractor and ganged mowers for maintenance purposes, to be funded from the Inter- governmental Service Fund. Total cost $46,197. g. Acceptance of Improvements Constructed in conjunction with Assessment District 82 -1, 6th Street Industrial Area. RESOLUTION NO. 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ASSESSMENT DISTRICT 82 -1, 6TH STREET INDUSTRIAL AREA AND AUTHORIZING THE FILING • OF A NOTICE OF COMPLETION FOR THE WORK. h. 4cceptance of Vineyard Avenue Street Improvements, FAU No. M /MR- R194(2). It is recommended that Council accept as complete the Vineyard Avenue Street, Drainage and Signal Improvements, FAU No. M/MR- R194(2) and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bond and retention and authorize Final payment. RESOLUTION NO. 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR VINEYARD AVENUE STREET IMPROVEMENTS PAU PROJECT NO. M /MR- R194(2) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK i. Acceptance of Alta Loma Park Concrete Improvements. It Is recommended that Council accept as complete the Alta Loma Park Concrete 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. • City Council Minutes -3- September 7, 1983 • RESOLUTION NO. 149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ALTA LOMA PARK CONCRETE IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. J. Recommend approval of agreement with Richwood Development to participate in the cooperative reconstruction of 9th Street between Baker and Madrone. k. Acceptance of Bonds and Agreement for Model Homes for Tentative Tract No. 12315 -1 (Terra Vista), Lewis Homes Developer located on the east side of Havcn Avenue, south of Base Line Road. RESOLUTION NO. 150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY OF TRACT NO. 12316 -1. 1. Setting Public Hearing for October 5, 1983 to form Landscape Maintenance District No. 3 for Parcel Map 7349 located on the north side of 4th Street, east of Route 15 Freeway, Lewis Homes developer. • RESOLUTION NO. 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU(,AMuNGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. RESOLUTION NO. 152 A PESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3• RESOLUTION NO. 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LA.'lD.4CAPING AND LIGHTING ACT OF 1972. m. Approval of Improvement Extension Agreement for S. A. 80 -09 located at the northwest corner of Haven and Banyan Avenues and submitted by the Southern California District of the Lutheran Church. RESOLUTION NO. 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHn CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR S.A. 80 -09. City Council Minutes -4- September 7, 1983 • n. Intent to Vacate an East/West Alley located between Calaveras and Vinmar Avenues, south of 9th Street. RESOLUTION NO. 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE EAST /WEST ALLEY LOCATED BETWEEN CALVERAS AND VINMAR AVENUES, SOUTH OF 9TH STREET, o. Approval of Agreement and Security for Parcel Map 6051 located on the north side of Manzanita between Sacramento and Beryl Avenues. RESOLUTION NO. 156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP NO. 6051. p. Acceptance of Parcel Map 7349 and Bonds and Agreement submitted by Lewis Development Co. and located on the north side of 4th Street, east of Route 15 Freeway. • RESOLUTION N0. 157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7349, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY. q. Release of Subdivision Sign Bonds for Jones Company - Tract 9305/RC -012. Sign bond for subdivision sign $500 r. Loan to Redevelopment Agency. Consideration from Rancho Cucamonga Redevelopment Agency of loan to incur debt. Recommend Council approve loan request by R.D.A. in the amount of $1,500,000. RESOLUTIO.i N0, i58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING A LOAN TO THE RANCHO CUCAMONGA REDFVELOPMENT AGENCY s. Acceptance of Agreement for professional construction services for Victoria Planned Community by Hotch Bedrosian, owner of Runmar Enterprises. t. M1 nor Contract Modifications -Army Corps of Engineers contract for • Recreation Development at Cucamonga /Demens Channels, u. Acceptance of Annual Supplementary Maintenance and Emergency Contract renewal with Laird Construction. • City Council Minutes -5- September 7, 1983 Notion_ Moved by Frost, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5 -0. 0. PUBLIC HEARINGS 4A. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -03 - LEE. A change of zone from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential) for 1.93 acres of land located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24. Staff report by Michael Vairin, Senior Planner. Titles of Ordinance No. 209 was read by Deputy City Clerk, Beverly Authelet. ORDINANCE NO. 209 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207- 211 -24, LOCATED ON THE WEST SIDE OF VINEYARD BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD FROM A -1 TO R -3. • Mayor Mikels opened the meeting for public hearing. Addressing Council was: William Lee, : pplieant for the project, stated he was present to answer any questions that council may have. There boing, no further response from the public, Mayor Mikels closed the public hearing. Notion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 209. Motion carried unanimously 5 -0. Mayor Mikels set second reading for September 21, 1983. 4B. APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE PERMIT 83 -11 DATA RESIGN. Appeal of Planning Commission decision for the temporary placement of two 1440 square foot office trailers on %F acres of land in conjunction with an existing manufacturing facility in the M -R -T (restricted manufacturing) zone located at 7915 Center Avenue - APN 1077- 401 -08. Staff report by Michael Vairin, Senior Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Tom Beisker, President of Data Design Laboratories. Mr. Beisker stated when they signed the original aEreement, it was their understanding the street improvements would take place at such time as the next building on the property would be built. At that timo taoy did expect to build Building 4 of about 40,000 square feet and were planning to put in the street improvements. In paragraphs P. and 3, it indlcctcd the agreement would be in default after two years unless an extension of time Ss granted. City Council Minutes -6- September 7, 1983 When they got the extension agreement, they felt the agreement would be • related to a building permit and when they built the next building thus increasing the traffic flow, then the street improvements would be necessary. They have now moved a business in at this location. They will be adding 25 employees into the area. It is impossible to come up with a building plan and build within the next six months. They are not sure the business they are bringing in will work out. Rancho Cucamonga has been willing in the past to offer a Company a temporary type permit to see if the business is going to work out. Therefore, they were requesting a time extension and to tie the improvements on Center Avenue to the time they come in with the building permits. There being no further response from the public, Mayor Mikels closed the Public hearing. Mr. Buquet asked how long DDL has been there. Mr. Beiseker stated since 1968. Mr. Dahl stated it has been the policy of the City that whenever we have a temporary trailer, we have requested the site improvements. As examples, Empire Bank and the Baptist Church on 19th Street. He was concerned when a businessman stated that this may be a temporary thing. He wonders what will happen if this business should fail. He stated he would uphold the Planning Commission's decision on this. Mr. Buquet stated these sites were at ma;or intersections. He said there were • a lot of businesses that could come forward and say that they might not be around in three years. There would be 25 additional cars and wondered whether these really would require extensive improvements now. He would like to give the applicant the opportunity to put In the units. Mr. Dahl stated the improvements required at Vineyard Bank was not exactly at an intersection. This was a point at which a precedent has been set. He felt that when the agreements were made in the first place, everyone was acting in good faith. If we set a precedent, it could be dangerous for the future. Mr. Schlosser concurred with Mr. Buquet's position. He stated that if he had not received a permit for an office trailer when he first came to town, his company would not be employing 200 people today. Motion: Moved by Schlosser to grant the two -year extensions. Mayor Mikels stated the main issue is the conditions of approval on the original permit which wasn't complied with. This is a precedent that if set would provide some serious problems In the future. Now we have a request for further action to waive the requirement for the improvements and to extend it further. Mr. Varirin stated the Council could extend the agreement for those improvements for a period of time of two years. Council cannot null and void the agreement and say you don't have to build them until the building of the first building. This is becuase of the way the Map was first conditioned. City Council Minutes -7- September 7, 1983 Mayor Mikels asked Mr. Beiseker if he understood. To remove the requirements for the street improvements which were a condition of original approval would require a new public hearing before the Planning Commission and actually changing the Map. Council has the authority to extend the Conditions of Approval and grant an extension on the temporary facilities up to two years. In two years the street improvements would need to be in and the trailers removed. Mr. Beiseker stated he understood. Mr. Lam stated that if it is Council's desire to extend the Improvement Agreement, there is also a need to request concurrence on submission of current bonds. When you extend it for "x" amount of time, you want to make rartiin the bonds will cover that. Mr. Lam summarized the action to be taken that if Council wishes to allow a greater length of time for the trailers, then Council should grant "x" amount of time for the trailers. If Council wishes the street improvement extended for "x" amount of time, then Council should approve an extension to the Improvement Agreement for that period of time, and get concurrence from the applicant that he will post bonds to cover the cost of the extension. Discussion followed by council regarding this issue. • Mr. Buquet asked the city attorney if there was a way that if an agreement is made between the City and the Company and should development occur to the north cr south before the two year period, that we could request the improvements to be put in with the other development. Mr. Doagherty responded this could be made a condition. There should be a fixed - Maximum period of time set and this could be terminated upon a sooner event. Mr. Beiseker stated he understood that if a development north or south occurred, they would be willing to add to the agreement that at that time the council could call for the improvements to be made within the two year time frame. Motion: Moved by Schlosser, seconded by Buquet to grant the extension for a two year period; require new bonds be posted; and condition the Improvement Agreement that if any development occurs in the two year period, then the agreements could be called. Motion carried unanimously 5 -0. NC. APPEAL OF CONDITIONS FOR PARCEL MAP 8007 LOCATED ON THE NEST SIDE OF Tibbeto developer. Paul Rougeau, Associate Civil Engineer, presented staff report. Mr. 1oaReau stated that the Planning Commission did not have the authority to grant the postponements; therefore, the appeal had to come before the City Council. Mayor Mikels opened the meeting for public hearing. Addressing.Council was: City Council Minutes -8- September 7, 1983 Janine Tibbetts, acting in behalf of her father who was owner of the • property, stated the improvements on Wilson is already quite desirable and to make the required improvements right now would be a detriment. They wanted to defer this until one of the adjacent pieces of properties were developed. There being no further response from the public, Mayor Mikels closed the public hearing. Motion: Moved by Dahl, seconded by Schlosser to uphold the appeal and direct staff to develop the appropriate lien agreement for subsequent approval. Motion carried unanimously 5 -0. 4D. HISTORICAL LANDMARK DESIGNATION FOR H.D. COUSINS HOUSE (CHRISTMAS HOUSE). Staff report presented by Bill Holley, Community Services Director. Mayor Mikels opened the meeting for public hearing. There being no response the Public hearing was closed. (Owners of the house were not present). City Clerk Wasserman read the title of Resolution No. 83 -159• RESOLUTION NO. 83 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE H. D. COUSINS . HOUSE aka CHRISTMAS HOUSE AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 83 -159 and to waive full reading. Motion carried unanimously 5 -0. ufff Mayor Mikels called a recess at 8:50 p.m. The meeting reconvened at 9:10 p.m. with all members of Council and staff present. f *fit A group of people arrived at the City Council meeting from a public hearing held at the Alberts House on 19th Street. A proposal had been presented to the nnighbors to convert the Alberts House into an alcoholic rehabilitation center. There was such concern on the part of the neighbors regarding this use that the applicant told tr ;c people he would withdraw his proposal. However, the neighbors were not sure this would happen, so they arrived at the city council meeting to protest. Mayor Mikels addressed the group at the close of the recess stating that the application was for a CUP, but this has not been processed. That is why no one had received a notice of public hearing in the mail. The applicant has indicated that he will withdraw his application as a result . of the meeting tonight. The Mayor stated the people would be notified whether the formal withdrawal is received or not. • City Council Minutes -9- September 7, 1983 No items submitted. 5. NON- ADVERTIZED PUBLIC HEARINGS 6. GITY MANAGER'S REPORTS 6A. APPLICATION FOR HOUSING MORTGAGE BOND ALLOCATION The City will apply for a bond allocation with the state of California for a new home mortgage loan program with participating developers. Staff report by Jack Lam, Community Development Director. Mr. Lam stated we will not know until about November whether our program will be extended. But by being on the list, we will stand a good chance of becoming part of that program. The program would be under AB 1355. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83 -160. RESOLUTION NO. 83 -160 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING APPLICATION FOR ALLOCATION OF MORTGAGE SUBSIDY BONDS AND FILING OF NOTICE OF SALE THEREOF WITH MORTGAGE BOND ALLOCATION COMMITTEE, AUTHORIZING EXECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. Motion: Moved by Schlosser, seconded by Frost to approve Resolution No. 83- 160 and to waive full reading. Motion carried unanimously 5 -0. 6B. REQUEST FROM DISPOSAL SERVICES FOR RESIDENTIAL RUBBISH RATH ADJUSTMENT. Local disposal services are requesting a 500 per month increase on residential rubbish rates to become effective October 1, 1983. Staff report by Robert Rizzo, Aaministrative Analyst. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Mrs. Dorothy Dick felt they were already paying enough money for trash piokup since the Company's employees broke their trash cans and left rubbinh. Bob Hay, 8641 La Grande asked if the County has been questioned regarding their increase? There being, no further response, the public hearing was closed. Jae Avaklan, Yukon Disposal, stated that their company was not considering to raise the senior citizens rate at all. City Council Minutes -10- September 7, 1983 • Mr. Burr of Rancho Disposal stated their company was in agreement with not changing the senior citizen rate. Motion: Moved by Dahl, seconded by Schlosser to approve the 50 cent rate increase with provision of none application to the senior citizens. Motion carried unanimously 5 -0. 6C. AMENDMENT TO THE BUSINESS LICENSE ORDINANCE. Ordinance is for purpose of clarifying the meaning of gross receipts of real estate brokers. Lauren Wasserman, City Manager, presented the staff report. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Bob Dutton concurred with the staff report and stated that from what he has heard this seems to be okay with the Board of Realtors. There being no further response from the public, the public hearing was closed. City Clerk 'Wasserman read the title of Ordinance No. 208. ORDINANCE NO. 208 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION A5 OF SECTION 5.04.290 OF THE RANCHO • CUCAMONGA MUNICIPAL CODE TO CLARIFY THE MEANING OF GROSS RECEIPTS OF REAL ESTATE BROKERS FOR THE PURPOSES OF BUSINESS LICENSE TAKES. Motion: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 208. Motion carried unanimously 5 -0. Mayor Mikels set second reading for September 21st. 7D. CABLE TELEVISION STATUS REPORT Staff report by Robert Rizzo, Administrative Analyst. Recommendation that the City Council place a moratorium on granting CATV licenses within the City and direct staff to develop a CATV ordinance. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Frank Saunders, Cable TV of F.tiwanda, wanted further clarification of the moratorium and how it would affect him. Robert Dougherty asked what kind of license he had from the City. A business license is for the purpose of raising money in the city. As of this time, the city is operating under the County Ordinance Section 42.016. This requires a specific license, to operate which is different from a business license. Ted Chun, Cable Communications of Rialto, encouraged Council to proceed • with an ordinance. There being no further public response, the public hearing was closed. • City Council Minutes -11- September 7, 1983 Notion: Moved by Buquet, seconded by Schlosser to adopt urgency Ordinance No. 210. City Clerk Wasserman read Ordinance No. 210, an urgency measure, in full. ORDINANCE NO. 210 (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IMPOSING A MORATORIUM ON THE FILING AND PROCESSING OF APPLICATIONS FOR LICENSES TO CONSTRUCT, OPERATE OR MAINTAIN COMMUNITY ANTENNA TELEVISION SYSTEMS IN THE CITY FOR A PERIOD OF NINETY (90) DAYS, AND DECLARING THE URGENCY THEREOF. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: Frost ABSENT: None (Mr. Frost stated that this issue had been on the back burner for several years, and he could not see the necessity to have this an urgency ordinance.) • 7. CITY ATTORNEY'S REPORTS No items submitted. 8. COUNCIL BUSINESS BA.. SWIMMING POOL PENCE HEIGHT REVISION The City Council requested examination of the city ordinances regarding fencing for swimming pools and spas. Staff report by Jerry Grant, Building Official. Recommended by the building official that the City Council direct staff to publish notification of consideration of an ordinance changing the minimum fencing height for swimming pools and setting the date of October 19, 1983 for hearing. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Larry Lewis, 7619 Cambridge, addressed several technical questions. Mayor Mikels stated that technical questions should be worked out with the building official. There being no further reoponse from the public, Mayor Mikels closed the public hearing. Motion: Moved by Dahl, seconded by Buquet to set the public hearing on October 19th. Motion carried unanimously 5 -0. Is 8B. Mr. Schlosser reminded Council he would not be at the September 21st meeting since he would be out of town. City Council Minutes -12- September 7, 1983 9. ADJOORWHM Motion: Moved by Dahl, seconded by Schlosser to adjourn to an Executive Session, not to reconvene. Motion carried unanimously 5 -0. The meeting adjourned at 10:35 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk • • 0 September 21, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, September 21, 1983. The meeting was called to order at 7:35 by Mayor Jon D. Mikels. Present were Councilmembers: Richard M. Dahl, Charles J. Buquet II, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer; Lloyd Hubbs; Community Services Director, Bill Holley; Finance Director, Harry • Empey; City Planner, Rick Gomez; Associate Planner, Tim Beedle; Administrative Analyst, Robert Rizzo. Absent: Councilman Phillip D. Schlosser. 2. ANNOUNCEMENTS A. Tuesday, October 4, 1983, 6:30 p.m. - PLANNING COMMIISSION DEVELOPMENT CODE WORKSHOP - Lions Park Community Center. B. Presentation of an Award of Appreciation to Robert Hickeoz for his service to the community on the Historical Commission. C. Presentation of an Award of Appreciation to Jim Robinson for his service as Assistant City Manager. 3. CONSENT CALENDAR A. Approval of Warrants, Register No. 83 -9 -21, and Payroll of 9 -8 -83 in the total amount, of $300026.11. B. Alcoholic Beverage Application for On -sale Beer A Wine Eating Place; Boy D. Lindenhlatt, Jr., 8800 -B Base Line Road. C. Forward Claim against the City by David Walter Hough to the city attorney and insurance company for handling. D, Forward Claim against the City by William Prichard to the city attorney and insurance company for handling. 0 E. Forward Claim against the City by Carissa Wulf to the city attorney and insurance company for handling. F. Forward Claim against the City by Signal Maintenance Inc. to the city attorney and insurance company 'or handling. G. Recommend that City Council approve the City Engineer's acceptance of the Base Line Road Overlay improvements (43- 20-51), authorize the City engineer to file a Notice of Completion with the County recorder, and to release the performance surety and retention bonds. Faithful Performance Bond $54,961.00 RESOLUTION NO. 63 -161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BASE LINE ROAD OVERLAY IMPROVEMENTS (43- 20 -51) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. H. Recommend awarding of Sapphire Street Sidewalk Improvements (06- 25 -71) to Tri -City Construction, the lowest responsible bidder, at $30,902.29 and authorize runding plus 10% contingency. • 1. Recommend approval of Parcel Map 7972 submitted by Pneudreulics, located at the southeast corner of Arrow Route and Helms Avenue. RESOLUTION NO. 83 -162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMUNGA, CALIFORNIA, APPROVING PARCEL MAP 7972. J. Recommend award of fraffie Signal eentraet at Arehi,bald and 44h Street be Grissom and JehnsenT the fewest responsible b4ddery at $66,339 and autherize funding plus 39{ eent4ngeneyv Item removed for discussion. K. Recommend approval of Parcel Map 7000 submitted by James Be Bose located on the south side of 19th Street, east of Jasper Street, RESOLUTION NO. 83-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7000. L. Release of Bond for Tract 9435, located south or 19th Street, east of Haven Avenue. Owner: Crismar Development Corp. Release Monumentation Bond $3,250.00 M. Release of Improvement Security for 6123 Amethyst Street. Improvement Security $3,600.00 City Council Minutes 3 September 21, 1983 • N. Recommend that Base Line Road be designated as a "Through Street." The designation was omitted from the list originally established by San Bernardino County and adopted by the City. RESOLUTION NO. 83 -164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING BASE Lu.0 .,CAD AS A THROUGH STREET. MOTION: Moved by Dahl, seconded by Buquet to approve the Consent Calendar with the deletion of Item J. Motion carried 4 -0 -1. (Schlosser absent). Disru^sion of Item J: Mr. Hubbs stated that the project was 100 f federally funded with 50% of the funding coming from the City of Ontario's federal allocation and 50% from our allocation. MOTION_ Moved by Frost, seconded by Buquet to approve Item J subject to the verification of the existing agreements with the City of Ontario. Motion carried 4 -D -1 (Schlosser absent). • 4. ADVERTISED PUBLIC HEARINGS ;A. ENVIRONMENTAL ASSESSMKNT AND ZONE CHANGE 83 -03 - LEE. A change of zone from A -1 (limited agriculture) to R -3 (multi - family residential) for 1.93 acres of land located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24. Staff report by Rick Gomez, City Fanner. City Clerk 'Wasserman read title of Ordinance No. 209. ORDINANCE NO. 209 (second reading) A!J ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207- 211 -24, LOCATED ON THE WEST SIDE OF VINEYARD BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD FROM A -1 TO R -3. MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance 09 No. Z. Motion carried 4 -0 -1 (Schlosser absent). Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Dahl, seconded by Buquet to approve Ordinance No. 209. Motion carried by the following vote; . AYES; Dahl, Buquet, Frost, Mikela NOES: None ABSENT: Schlosser 4B. ORDERING THE NOR[ IN CONNECTION WITH ANNEXATION NO. 14 TO LANDSCAPE City Council Minutes MAINTENANCE DISTRICT NO. 1. the Resolution ordering the include Tract Numbers 12090, through 12025. Staff report 4 September 21, 1983 It is recommended that the City Council approve • work in connection with Annexation No. 14 to 11144, 11173, 11173-1, 12184, 11663, and 12019 sy Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83 -165. RESOLUTION NO. 83 -165 A RESOLUTION OF THE CITY COU14CIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 14 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 FOR TRACT NOS. 12090, 11144, 11173, 11173 -1, 12184, 11663, AND 12019 THROUGH 12025. MOTION: Moved by Frost, seconded by Buquet to approve Resolution No. 83 -165 and to waive full reading. Motion carried by the following vote: AYES; Dahl, Buquet, Frost, Mikels NOES: None ABSENT: Schlosser 5. NON- ADPERTIZED PUBLIC HEARINGS 5A. AMENDMENT TO THE BUSINESS LICENSE ORDINANCE. An ordinance to clarify the meaning of gross receipts for real estate brokers. Lauren Wasserman, City Aanager presented staff report. Mr. Wasserman stated that the Board of Realtors had send in a letter indicating their support in the changes. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 208. ORDINANCE NO. 208 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION A5 OF SECTION 5.04.290 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLARIFY THE MEANING OF GROSS RECEIPTS OF REAL ESTATE BROKERS FOR THE PURPOSES OF BUSINESS LICENSE TAXES. MOTION: Moved by Frost, seconded by Buquet to waive full reading of Ordinance No. 208. Motion carried by the following vote: • AYES: Dahl, Buquet, Frost, Mikels NOES: None ABSENT: Schlosser 4 • City Council Minutes 5 September 21, 1983 MOTION: Moved by Buquet, seconded by Dahl to approve Ordinance No. 208. Notion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels NOES: None ABSENT: Schlosser 6. CITY NAN ►OEM's REPORTS 6A. DRAFT FOOTHILL COMKUXITT PLAN. Consider of recommendations on the Draft Foot'n i11 Community Plan for the area within the City's sphere of influence nor�h of the City's incorporated boundary. Staff report presented by Rick Gomez, City Planner. Doug Payne and Tommy Stevens from San Brrnardiro County Planning Department were present. Mr. Beedle went over the recommendations from the Planning Commission. Mr. Payne stated the City of Fontana had approved the Plan; their only concern • was that the affordable housing was not appropriate for this area. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Ralph Lewis, Lewis Homes, stated their company owned 400 acres in that area. He asked what difference did it make whether it was attached or detached housing as long as you don't exceed the density. He also stated that their attorney felt that Issue 5 on page 3 of the staff report regarding park land was contrary to State law; !hat the requirement should be raw land, not improved land, Catherine Bridge asked if there would be an opportunity for disagreement with the recommendations before the Plan is accepted by the County. Joe Dilorio stated that the intent of the Plan was general and specific issues regarding services, etc. would be covered when development plans for specific areas come in. Betty McNay cautioned the recommendation on Issue 1 with development of one unit per 40 acres. She felt this could be perhaps one unit per 10. Anyone who wants to build would be aware of the dangers and advantages in such an area. Tommy Stevens stated they would take the City's recommendations back to the Board. They would be happy to have a member of staff or Council present to make these presentations. There being no further response from the public, Mayor Mikels closed the public hearing. Council decided to go over Resolution item -by -item. City Council Minutes 6 September 21, 1983 • 1. In areas with slopes exceeding 30 percent, development should not exceed one (1) dwelling unit per 40 acres. ACTION: Council concurred. 2. Density transfer should be used considered only to avoid development in environmentally sensitive areas or to avoid undue hardship and should not impact surrounding areas, provided that any density transfer will not adversely impact the surrounding area's service capacity, land use characteristics, consistent and compatible with the surrounding residential areas. In no case shall the permitted use or permitted building type be other than single family detached residential in the area north of Alta Loma. Existing easements which preclude construction of structures on the ground shall not be considered for density transfers. ACTION: Council concurred with the changes. 3• Language should be incorporated into the Plan which will implement the Community Trail System consistent with the City of Rancho Cucamonga's Master Plan of Trails, and provide for necessary trail dedications within residential development. whisk to eensistenk with the Meatier p4en or Trails. and New development with equestrian community trails should be required to annex into any necessary service district which will provide for their continual maintenance. ACTION: Council concurred with the changes. • 4. Provide language within the Plan which requires the following landscaping standards for new development: a. Along park strips or unimproved public street rights -of -ways abutting development within interior streets, landscaping shall be provided to a minimum standard of one 15- gallon tree per 30 linear feet of frontage and along collector streets one 15- gallon tree per 20 linear feet of frontage, with suitable vegetative ground cover and an irrigation system. b. Within commercial development, landscaped areas shall. be no less than 10 percent of parking and driveway areas and landscaped with a minimum of one 15- gallon tree per 3 parking spaces. ACTION: Council concurred. 5. The Plan should set forth appropriate language requiring par.: land dedication or a fee for all new residential developments we4ng a min4mum c tandard of 3 aeras of improved park land Per 47000 pepulatkon consistent with the requirements of the Rancho Cucamonga General Plan. Future development should be required to be annexed into a service district for park maintenance. ACTION: Council concurred with the changes. • 6. Develop in consultation with the City an affordable housing policy for the City Council Minutes 7 September 21, 1983 • Foothill Plan which takes into consideration location and physical features which may affect housing costs. Such policy would require the definition of holding capacity based on subarea planned service capacity, environmental constraints, and surrounding land use characteristics. This should be done through the development of a specific plan or other similar deocument, such as a planned urban development plan. A71ON: Council concurred. 7. The Plan should contain language which assures that the City will be consulted during the review of any development plans. The County shall forward material on development plans, subdivision, commercial development or other types of development proposed, at the earliest possible date in order to provide sufficient time for city comment and consideration of those comments by the San Bernardino County staff, Planning Commission, and Board of Supervisors. ACTION: Council concurred with the change. 8. Prior to approval of any maker development of five (5) or more units, a public facility and finance plan should be prepared which identifies service needs, financing, construction and maintenance of public facilities such as fire and law enforcement facilities, schools, parks and trails, libraries, community buildings, sewer and water, and other • infrastructure needs not necessarily provided by private development. ACTION: Council concurred with the changes. 9. Prior to approval of any ma4er development of five (5) or more units, a governmental service district and /or development fee shall have been established which can assure Fer the development, maintenance, and operation of certain community services such as parks and trails, maintenance of street landscaping, and community buildings. Annexation into the service district shall be required of any future development within the planning area. ACTID7: Council concurred with the changes. 10. Prior to development in the following residential areas, a specific plan or other similar document such as a planned urban development plan should be completed: ❑. Nord: of Highland Avenue between Milliken Avenue and 'Day Creek Boulevard; b. East of the Day Creek recharge basin and north of Etiwanda area extending into Day Creek Canyon; C. North of Etiwanda extending between the mouth of East Etiwanda Canyon and San Sevaine Canyon; d. East of Area 3, extending to Devore Freeway. ACTION: Council concurred. City Council Minutes 8 September 21, 1983 • City Clerk Wasserman read the title of Resolution No. 83 -166. RESOLUTION N0. 83 -166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING TO THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO CERTAIN ACTION TO BE TAKEN UPON ADOPTION OF THE DRAFT FOOTHILL COMMUNITY PLAN. MOTION: Moved by Dahl, seconded by Frost to approve Resolution No. 83 -166 and waive full reading. Motion carried 4 -0 -1 (Schlosser absent). 68. CABLE TELEVISION. Consideration of utilizing a cable television consultant to develop a comprehensive cable television ordinance for the City of Rancho Cucamonga. Staff report by Bob Rizzo, Administrative Analyst. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Ralph Lewis, Lewis Homes, stated they had read the staff report and felt the City should do this. He did have questions regarding Terra Vista since they would prefer doing their own. Mr. Lewis also asked if it would be possible for a group of outsiders sit in on the discussions. There being further • no response from the public, Mayor Mikels closed the public hearing. MOTION: Moved by Dahl, seconded by Buquet to: 1. Approve the concept of utilizing the technical expertise of a CATV consultant, and 2. Approve the RFP and authorize staff to advertise for proposals. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels NOES: None ABSENT: Scitiusser For appointment of a CATV Subcommittee, Mr. Frost suggested Mr. Buquet because he has shown and interest, and Mr. Schlosser because he has an engineering background. Mr. Dahl suggested they did not know how long this would take and Mr. Schlosser would be leaving office in April. He suggested the Mayor serve in this position. MOTION: Moved by Dahl, seconded by Frost to appoint Councilman Buquet and Mayor Mikels to serve on the CATV Subcommittee. Motion carried • (Schlosser absent). City Council Minutes 9 September 21, 1983 • Mayor Mikels called a recess at 8:20 p.m. The meeting reconvened at 8:40 p.m. with all members of Council and staff present. uw� 6C. CONTRACTS WITH CONSULTANTS CM THE HOUSING MORTGAGE BOND PROGRAM. The approval of contracts for services from the Financial Advisor, Bond Underwriter, Bond Counsel and ? easibility Consultant on the Housing Mortgage Bond Program. Council had approved selection of the three consultants at a prior meeting. Staff report presented by Tim Beadle, Associate Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Buquet, seconded by Dahl to approve agreements with: Fieldman, Holapp A Assoc., for Financial Adviser Stone A Youngberg, for Bond Underwriter Jones, Hall, Hill, White, for Bond Counsel Empire Economics, for Feasibility Consultant Motion carried 4 -0 -1 (Schlosser absent). • ADDED ITEM: RED HILL BASIN: PURCHASE OPTIONS. Staff report by Bill Holley, Director of Community Services. 17J MOTION: Moved by Dahl, seconded by Frost to approve the appropriation of 19,350 for professional services for design work of Bed Hill Basin Park. Motion carried 4 -0 -1 (Schlosser absent). ADDED ITEM: BUDGET MEETING DATE. After some discussion, Council directed staff to set this item for discussion at the next meeting. No items submitted. 7. CITY ATTORNEY'S REPORTS 8. COUNCIL BUSIRE33 A. CONSIDERATION OF FILLING VACANCY ON THE PARKS ADVISORY COMMITTEE. Councilman Buquet requested that the Stem be continued to the dext meeting. After some discussion, Council concur.ad to ex6end the application period to Wednrsdny, September 28. Appointments would be made at the October 19th meeting. 09*0* City Council Minutes 10 Sept,_bcr 211, 1983 Art Bridge expressed councern about the Foothill Plan which was reviewed • tonight. He felt that it could some day be a situation like Upland has with San Antonio Heights. He felt very strongly about doing something now. 9. AWOURNNW MDTION: Moved by Buquet, seconded by Dahl to adjourn. Motion carried 4 -0 -1 (Schlosser absent). The meeting adjourned at 10:23 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk • u 0 r1 LJ October 5, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, October 5, 1983. The meeting was called to order at 7 :40 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Ted Hopson; Community Development Director, Jack Lam; City Engineer, Lloyd Hobbs; Finance Director, Harry Empey. 2. ANNOURCEMENTS A. Thursday, October 6, 7:00 p.m. - HISTORICAL PRESERVATION COMMISSION - Lions Park Community Center. B. Wednesday, October 12, 7:00 p.m. - PLANNING COMMISSION - Lions Park Community Center. C. Thursday, October 20, 7:00 p.m. - PARKS ADVISORY COMMITTEE - Lions Park Community Center. D. Mayor Mikels made a Presentation of Service Recognition Awards to employees with five years of service with the City. Receiving 5 -year pins were: Bevnrly Authelet J. Lam Glen Rankin Harry Fnpey Michael Vairin Richard Dahl Lauren Wasserman Jerry Grant Charles Buquet Bill Holley Jim Schroeder Phillip Schlosser Mary Whitney Beverly Bailey James Frost Rex Whitney Dennis Stout Jon Mikels Lloyd Hobbs Sharon Romero 3. 00"sENT CALENDAR A. Approval of Warrants, Register No. 83- 10 -05, and Payroll dated 9 -18 -83 in the total amount of $194,822.99. • B. Forward Claim against the City by William H. Smith to the City Attorney and Insurance Carrier for handling. C. Forward Claim against the City by Anton J. and Mary L. Blatnick to the City Attorney and Insurance Carrier for handling. D. Forward Claim against the City by Morris V. Farinella to the City Attorney and Insurance Carrier for handling. E. Foward Claim against the City by Charles Mancha to the City Attorney and { Insurance Carrier for handling. F. Request approval of Parcel Map 7853, bonds, and agreement submitted by Ron Martin and Associates, located on the west side of Hellman, north side of Church Street. RESOLUTION NO. 83 -167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING PARCEL MAP 7853, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. G. Recommend approval of Real Property Improvement Contract and Lien • Agreement and release of previously submitted bonds and agreement for Development Review 81 -05 submitted by Ameron, Inc. Faithful Performance Bond $54,000.00 Labor A Material Bond $27,000.00 RESOLUTION NO. 83-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT AND RELEASING PREVIOUSLY ACCEPTED BONDS AND AGREEMENT FOR DEVELOPMENT REVIEW 81 -05. H. Request approval of Acceptance of Maintenance Bond and Release of Road Bond for Tract 9435, located north of Victoria and east of Haven Avenue, and issuance of a Notice of Completion. Owner: Crismar Development. Release: Faithful Performance Bond (road) $117,000.00 RESOLUTION NO. 83 -169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS • FOR TRACT 9435 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETium FOR THE WORK. City Council Agenda Page 3 October 5, 1983 • COMPLETION FOR THE WORK. I. Approval to upgrade current copy equipment to more heavy duty and more efficient system. Recommendation is to divest ourselves of the two IBM III copiers located in Administration and Community Development and replace them with Kodak 150s. NATION: Moved by Dahl, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5 -0. 4. ADVERTISED PUBLIC HEARINGS 4A. ORDERING WORK IN CONNECTION WITH LANUSCAYE MAINTHNA b u1JTn16l nu, s run PARCEL MAP 7349. It is recommended that City Council approve the resolution ordering the work in connection with Parcel Map 7349, located on the north side of 4th Street, east of Route 15 freeway. Staff report by Lloyd Hobbs, City Engineer. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83-112. • RESOLUTION NO. 83 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT. (PM 7349). MOTION: Moved by Buquet, seconded by Schlosser to approve Resolution No. 83- 112 and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None 40. ORDRRING THE VACATION OF AN EAST/WEST ALLEY LOCATED BETWEEN CALAVERAS AND VINMAN AAVENUES. Staff report by Lloyd Hubbs, City Engineer. Mr. Hobbs stated that the property owners have requested that the alley be vacated. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83 -170. L J City Council Agenda Page 4 October 5, 1983 MOTION: Moved by Schlosser, seconded by Dahl to appiove Resolution No. 83 -170 • and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: Nore ABSENT: None • No items submitted. 5. IAN- ADVERTIZED PUBLIC HEARINGS 6. CITT MANAGRR'S REPORTS 6A. SCHEDULING OF BUDGET ADOPTION MEETING. Staff report by Lauren Wasserman, City Manager. Council concurred with setting a budget meeting for Monday, October 17, 1983, 6:00 p.m, in the Lions Park Community Cuter. Supper will be brought in. There were no items. 7. CITY ATTORNEY'S REPORTS • 8. COUNCIL BUSIREW RA. Councilman Frost presented a report that the Etiwanda Historical Society was in the process of having the Chaffey Garcia House moved. He would keep council apprised on this matter. 8B. Councilman Buquet, as the voting delegate at the League of California Cities Conference, presented a brief report. 9. ADJOURN KT MOTION: Moved by Buquet, seconded by Dahl to adjourn to an Executive Session, not to reconvene, but to reconvene on Monday, October 17, at 6:00 p.m. Motion carried unanimously 5 -0. The meeting adjourned at 8:15 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk PUT CITY L' [M( C+JC'rGK.CS VATPAAT RGCCSCIt1A� 10/19/13 PAGE •l -WR• 9 V:d F n f f 1: e A Y F UdAIY .,I PPM%tr OISCOUYT NET !Styr Lily TY r•1 J :C( LI! TI '-'I aYI'L • 1 "L�: 011i." C1 ICI Wa la X�. J r;l 'cT. lli<• 4l Y. ��,( J+ rt , � ta:cr il. •.: Ilr !a1r•<I .. 'S: a ,:'PI f Y SH d. L.': i� vFf ' d'.. 1 511.'• c' ` IiYC '.'F If.` .+. elL "":rl K tl I;I' ^KT •5 lLIC •"".l 1'e• - rA< Gr o'q RY 1 11 C a IFr+Std 'UIl%rss 2 t.-1 ULFO'_. E ' 1 2'N CLIFFS t ac Cf S:f rfrICr ISCS 1 E21 VFF 1t YI fr lC P: ar Y[dGIR c 157` 5:5 E'1r J.r Ar4!E:. vtl` _Cl:E 21_t . . CLIG. cPI INC 2E'0 -, eltr rE.11 F 1 .,'0 II,'S. SUS1: PEI ills G"PFT Gt I:Y 1115 FC'.1r'ie PaV I'�0 INC ♦ley G° tPI C' 4eel a Leal tIFUTffPF CC 4'e] CCCFKI C:'GUTfF iJPPt I' 4rF2 !� ft. PICK 4'T. ;I dd T. tL;, 493' •_IVY. ' +Tl tldP l 49'1 ":III' - :`FTTY CASH 41te 'LL11 lr^Cfft EC IM1f. ells J l,.C; 1'r11I •IIC IX IC lI 57 JC>ctY I '-If r•.AT RI':!L 11 2. 2. ]. I• 5. e.l• (SC.'E X2.35 e4J.cc ?Sala 210.'4 174.1. 2.4CC.CE a 1 €iac s'2.31 T.cc jKti 1 22.30 1.11 f1.5C 21`..E( 7.7`1: I 4CU ..0 311.2! .SC;SL M is.0 S� .11 1 2 C.CC 12'51:24 121:'CJS 4`6.722` 5:5101 1.31E J'Y I.OT5.9' 1.46.1 AR0. CITY .F CCNU CULP -O'r:1 % VEA� F t ] C t N d V E AA Q WARRANT Op TF rECCCA'k{,EIL``11 A 10/19/53 ►IIf N!6C OISCLUMT (J L1. II!)II fffi [114 i "'±[V IAE Lf 17 1 IC /IS 661 1 r E14C LAIR- CCr51R11CTiCN CC IC /IS / °] 1111]13 Ic3]' 6615 M LIRV- lF fAliF CI11FS I[ %LVl1 Fi I %E liC +iT 1/13 1''31 1W l(N LCPp 1(1 ""d 74C5 ^pLll rCCY SYSTFf': If /ISl 1 . "1•I'CR FG91 C Cr 0:C ll<f rp1C TT TICK IAL <FTVClO• I :;( C LC, CArL C V ItC L 19 ]J1 52Cl ...... 1fr;T .A W r_: •J,LA < x fib 19'99 ']Ci .lp' J'4 (9 ).9 SVp4 IF`RI'11•r V,'NT1 .'.11 LAIPC I?3SF 9.5 n \L I'4 i.A. FI ICIA h v:l �nri leJlltr cc", Yr IY Til '' -'ll our r,r bavr 19'YY Sil! C`6I f.r ^IF 114 Ol Yr l l�llr P. Ar inj 5114 9I 6"CI• 19 14501 9.1', 11 11 •'Ih I r •rl•f •• MET br F2E.SC ]S.CC Ir4 T4.U1 YC.CC 250. CF 4T., if 201. I 2.6[ 4.5°1. IF Ith.5f 4S.cl 194,'1 LOrOS1.4C 111 1t 145.2E 19._C iksf R18 249r41V.CC 1T.CC I.I.C2 iC Y. 1 a PACE. 2 ryr RMT MY 411 .- 4cl.'rlE! YIHO 1 V— I l S C C It N I! E 19414 4. /l I "'i ALS W I A'.%A7 N.'CC \C 1L1' W19/23 �A if nj yvrlSr 01SCLti NT N•T f 11.11 ICt]LS E.1 Si.CE4.G5 Y 0 i. l� 0 a r � I 1 C T F R, J CUO iA '.. IANT REGISTER • ASSESSMENT DISTRICT 82 -1 • DATE 4ARR:kNT d VENDOR ACTIVITY ACCOUNT X AMOUNT 9/7 301 Notch Bedrosian Contract Services 49 -23 -28 $1,024.00 9/7 302 Stationers Corporation Office Supplies 49 -23-24 155.30 9122 303 Notch Bedrosian Contract Services 49 -23 -28 1,152.00 $2,341.30 6111 VI III NIYIIV LU1.IU1Vl uI1 SSSSMEuDISI CT 82 -1 ASSESSMENT II TR • ACTIVITY ACCOUNT M �OVNT D! WARRANT $ VENDOR 8/11 293 Hatch Bedrosian Contract Services 49 -23 -28 $1,280.00 8/11 294 Associated Engineers Contract Services 49 -23 -28 8,634.63 8/11 295 S.M. Hoyt Material 6 Supplies 49 -23 -38 39.19 8/12 296 S.B. Cty. Recorder Printing d Publications 49 -23 -23 5.00 8/15 297 S.B. Cty. Recorder Printing 6 Publications 49 -23 -23 7.00 8125 298 Hatch Bedrosian Legal Advertising 49 -23 -20 640.00 8/31 299 Ritz Camera Centers Printing 6 Publications 49 -23 -23 8.06 8!31 300 Bonadmian- McCain Contract Services 49 -23 -28 85,502.19 8/31 296V S.B. Cty.Recorder Printing 6 Publications 49 -23 -23 (3;.00) $ %,110.47 \��c CI TO ..... CUCAMONGA DATE WARRANT .4 7/8 29G 7/18 291 7/28 292 V\ VENDOR Notch Bedrosian City of Rancho Cucamonga Notch Ikd msi.m WARRAIIT REGISTER • ASSESSMENT DISTRICT 82 -1 ACTIVITY ACCOUNT k •UNT Contract S,rvlces 49 -23 -28 $2,440.00 Office Supplies 49 -23 -24 33.60 Contract Scrvires 49 -23 -2H 1,152.00 $3,625.50 LIIV Ur RNNLNU LLLN'INVUN WE WARRANT 9 VENDOR 8/11 511 AsSoVia LCd Engineers 8 111 512 Don Owen d Associates 8/31 513 Associated Engineers ry / I.Lu ASSESSMENT DISTRICT 82 -2 • ACTIVITY ACCOUNT # Contract Services 53 -23 -28 Contract Services 53 -23 -28 Contract Services 53 -23 -28 -oUNr $35,922.40 4,140.00 24,677.60 $64,740.00 L-' -DATE• WARRANT 9 VENDOR 7 /18 5:0 Don Oven S Associates ff .11.1,11.11 I, L. J 1 u, -�. ASSESSMENT DISTRICT • ACTIVITY ACCOUNT A Contract services 53 -23 -28 0,0UNT $3,590.00 $3,690.00 �J • C 0 PY . M ..M.- ....r..~.M.. _. AAAAAA.... APPIICATKEN I" AECOFROUC aI M MOEM(S) T.: U.pv.lm.N el Ak"k E.r.r..W CAA.P! ,"I Mead,.ry Sao D.El"ECl. tiff'., CaN pHlt ............._... ». ib. wd AIAA,d Mr.b, appl ..l IN ta«rr.r PaPAI.r fwb .: I. TYNISI OE NCENM(SI PILL NO. ON SAID: BEER Sr WINS PUBLIC PREMISSS Ppw PI Sr`. 3E0AA O EIEw6n pal. I..nA. RtcElpjEl'tz,2 GEOCAAMICAL con' 3615 ONAf F Nfj ]. NANEIS) W M AICANIL51 .mp M1rmr , ElLarnv Of., fiVIBIS, LMRoy E. 6 Rote M. 5, i1EE(51 OF TRANSACTtON(S; LEE LK. TTR PER. ?Sr. 5 150.00 41 M 30 l Nam. vl SWenr &Mio1 B S. IttMIM W IWnn,- Nambar Md SAA.l 7157 Amethyst Ave, ry clry wr CtOqu cC .,q. 91701 San lklo0 TOTAL 5150.00 A II?,. .. Liamad. 1. An 1—It., Im f. SM.1, of Lka 42-67333 Oq Lm11 YES S. Mails Addreu I•I dAl.ram Iron 51 -NUmbr nd SIrM ._r� 'My '13'5 4. FootBill :ilyd., ATat. Upl d, CA g(p86 P. Nv.v Tou veer bean <en.. " M v f."? IC. Man I. ..,r —Low .np vl Nn p.,nlmf el 1h. AkaM1.4r $Q JfAfA . C.Am0 AO rpvlauom al Ib, beperrnvnl pr IeiA,, m F. AO' 140 11. E.plan v "TES" enfrr ro il.mr 9 er 10 en an eneabmM .IA6 0.11 A. d,amed " eI IMl epvL<arvon 15. Aaplke e91.^ (v) Ibl eet memp.r "PAPAY d -n CM ,elf .,­e p.m .III bn. .11 6. v^°Lhar el v I:u .. oM FRI IFNI, N .dl ml nalen er <.a,..1 p._rmn ro b. .:vlexA en, of rb. p.. — al A. A4atioL< b.<r.pa fa.nel A,I 10, STATE Of CALIFORNIA C­, W _9.11- 99CIIas51(110. - Bar. ---- 1o/3/n3 11. AHIICANT� r •,wv I •n.•rn. if, %mw +•r.• M.,.., --,r ,. -� . -..1 .nw. iw •rMp•�RCA lyl U AMONOA • 1' SONNNt -------- - -- ----- - - -- ----------------- ---- ------......_...- mly.of. AOM _ INRTM firwN......--- {• .......... ............... ............ . . .. ... ... ... .... ............... ___ .............. {T� ARLICATION By MANSFLROEE M All IS STATE OF CALIFORNIA DAME CATIaA. wN IA Rnm_pl o_l•uma.M1l� r ,A � � 17 Spn.rorHq el UIIAII.10 1E till.. N.mbrt,1 _OIrIWU, wwiI _.._I'— :,11'G 142-67324 Ip iY�i'nnptEYtt ml, r. 4 N. Cucar,0 CAodEfy Cad. C..nq -- riga, C'A 'Il /Jl San BetLLaca Liu, O-M., wwE ft lvv TAB Lice FAA 0111111.1 VIA - -- A.vS.d [- IYRUwdM noun, [D FJw pa" , / t r i0 /NBaJ ...Y ❑ ... :........... u ......e° ............. _..._COSIES MAILED ....... ... -. ro r $ . Jr�,O lD 1J ..E'r `_--�i fI L..._.I war._) .j/4.e.1 _�u.L.�� .... ..---are..... .�`i�a .. Elaamw. _ 1 AC.Od•�n. ar J Md�L Sn� �'i b/MIDN ]lE6 F �I QL7A (~A PCGD 1 (�',QAiN 4zT* 1wr 5rlsL Anv¢ka Caw G. I) rzf 4e UUA� 1 4de d EeN r['S 7x57 wnred CD Lv r(OA) • 1 t n l fQNILIS iS LoCArE(� OAJ HYl1C7hV ST /tUGUUG gef,eal mnreL9 SO Leer 10,Aor -lie iArl-el2secrIlJ of Lam IrA -Da vG An)l 4mejAy5r o�u 7lle EAST elne - Oudc/jr goAl Ajb n( oPl2f L C -2 CJea�u �cu „� O sA(eur r'1 AFRrlCS unQn1 lC -2 fAsr/AJz/ 56a, 7i7 / Q 3 wesr /C2 GemekAL I%A>J — C wmteirtq( AOAL-or L.ors -- AjokrN /Corilmet'eIAL • ens7"1 �tsinou nAL (!( -14� 5eu7h IC&n,MePe,A( d kesiZrAypAC ( i!4) , WC,r /�Bntmeec,nC - z. / • COPY . _ .»...-•.».... � . •MICMIl1N FW ILLCOMOIK MVSY61 lKW5t151 Fw D•pMmmr el Aic.Wk M.wap• CmwM IPoI Nwdnal San Bernardino S.I,w...I.. <dl vsRls —.... Y..:...N..... FM wld.Ngwd 6,.6, W. M b­­ .. Wk,l L IYRI51 OF LICFNSEIS) FILE NO. 0'.: W., G °,tRflAL :iATI::G PIe1C; Applied .• DvI. ls,uance E11•erin W 1 RECEIPT NO 166840 eou "ArmCAEN615 WI. k.0 I•mp I »m:r ElEe.ri.e W» !. NANE(!) OF MhKAM(S) N. S. DI.CO, I1:0. Pres. - Darlene Chado 3. TY"(S) OF IEANSACTION(SI 'EE _ TY tt n 9ee.,4fl ea. ft. chado Phillip er. Tsf. (24071) 150.00 47 ($elf- Inco7. ) CT 21 4. !. lnmm .l Euxn•.,- Number .nd Srvm 8874 Foothill Blvd. C, .:b Fip C.d. C.unry Rancho Cucalaaw:e_ 91270_"_ TOTAL $ qn.m 6 II P, m - Lk,". 'd• T. A•. him: ». I ' 47 -559x7 cc ^b l•m_ ges /...i. Addn.. I d:Mlml L.m 31 -N_ .M land, v n...l r..l �"M /OB ". 25th 50.r UDland� C\ 91]86 _ ems• 9 Nan Io. !•er been [m•i W IF lebnyl 10 Hm I.0 v.r •ieklm enl .1 rFe q.auan. of M• AkMM[ • U -,op! Ce.n.W .vl •I pvl.rien..f IF. O."-. W. NO pin 1. IF. MP X.5 go . 11.. a. plpure! xa6 "w»•.,Eaa.».yy3: {a.?aeoNw6ggp vFSn,.F.yAA d,mva nrtAa��vael�v.!- i.s'%�ia Fk"" 11 STATE OF CALIFORNIA C_., el ...--'..::: L�. -.- ........ .......... WN.----- 1Vj"Kj ..-- . - -.... k�IA)�Lr'�D/1'•�0 ~ "mac"' ..,% n �•� _........ ......, ......r..r .... I..- ........ n.. » I...n . , w `- i p �{ION�IfRE �I1}'1 :N µy6.1........ -- ....._....__..._. _� . . . .. ........ .. .. ....... . ... .. \. "jO��,,% •rnlunoa er illansneoe - I i 16 Noel. of bnme...I • •4»_�.•:• 4M�eT�V Sgh_rwdrl .r numn.P.' ^• /•• • ^n• •M:•� Is I.I. I. FF m6. hl CIIA�1,- Phil lip R. ^� `� y�c(" ___ . Ip Lwwi. N be, •M Srv.•I Cary ..d Sip CMr ZrB1913 III1 IB _ ai7h oothill Olvd.. iancho fn,c.—rLo a.__cL_) 47 ),,__,�wr• ^c arl3no D­ N.I W.IF M.. TM: Lily; Fn. DlFnnwenE E'N 0.11 Ar 44 131(hw•d,d I.x,., 1 �. ... .... ..._ COIIl3 MA+LEn40,/7/41 .- -... ...... ..... ... [I R.....l r!•.f 678.60p.;d a. .San BeFna TA lrp_.WS•ee.10 /7 /83....._b!•;q IN1668 /B- .....__.._ CLAIM FOR D.vMAGE OR INJURY (20': &a 1. Claims for death , injury to person, or to personal property must be filed not later than 100 days after the occurrence (Gov. Code, Sec. 911.2). �. Claims for damages to real property must be filed not later than 1 year after the occurrence (Gov. Code, Sec. 911.2). TO: CITY OF �,¢.U42,V ; ,rLC4uvu6'� �rN�sy Name of Claimant Address Zip phone 4g 'rr to which Claimant WHEN did dcmcge or injury occur ? /7- '-�- WHERE did damo-ie a injury occur ?_ HOW and under what circumstances did damage or injury occur ? V � �/' ca.0 LEA-/" k/y1 /Ze %� 4�qS i.ti /[�/a(� c�If o� WHAT particular action by the City, or its employees, caused the alleged damage or injury? (Include names of employees, if known) WHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it may be known at the time of the presentation of this claim, together with the basis of computation of the amount claimed; (Attach estimates or bills, if possible) c.n -ed(® AN S — f l l l f f4f3f8 -7 Total Amour] Claimed: S J.CI�Q NAMES and addresses of '.witnesses, Do, ton and Hospilols: ATE gn'r!n^nl Mo 49 fr C�1Fr� CITY OF RANCHO CUCAMONGA On Site Vehicle Accident Report ACCIDENT INFORMATION Date: -Z -83 Timer Heather. Condition:/s`o %�CLE'�� OTHER VEHICLE Driver's Name: ZI -Pe" Vehicle Owner's Name: Z' &,fsi S�mS Address: %� lS^ IJQHCSnTe Address: �7 /S /?uMY_SHire ,OTC,Z Phone No.: /.Pd- , >�7)^ Phone No.: 9kD -ec7S- Driver's License No.:Jd Occupants of Other Vehicle: Describe Injuries if any: Driver: 1��4 Driver: 2. 2. F-.�,: fir. 3. CITY oyRANCHO COCA ONGA ' a. a. OCT 6 5. 5, 4 � Witnesses: (flame, Address, Phone Number) 4 3. � -r- Type and Make of Other Vehicle: / L Extent of Damage to Vehicle:_/,r-a(lT �(GrJT r'%1owT //Oa l� Location of Damage on Vehicle: License Plate Number: q a Other Vehicle Insured By: CC', •;7,L 'Art At Address:_ Phone Number: As "COMPLETE DIAGRAM OF ACCIDENT BACK OF THIS REPORT' �n i� DIAGRAM OF ACCIDENT: A your car - (3 Ot.yer Car - - - -i Point of Impact X 1:3 DAVE'S Body and Paint A9H ARROW HIGHWAY AREA CODE TN NO HTCLAIR. CALIFORNIA $170 TELEPHONE 041110 ESTIMATE OF REPAIRS LISTED FOR EEMENTS NOTB INDINGALSESTIMATES FREE PARSMLE INVOICE IOWNIN �� E J 'O47TE _ J ^� Rppn![ PHONE EST NO IN \'I- CE("J ORDER NO All' IN PHONE LICENSE NUMBER 1DEL �— (/T MILEAGE MOTOR NO SERIAL NO y 41R _ D SCNIPTION OF LABOR OR MATERIAL LABOR PARTS N AND SUB N t AND SUBLET I F� -- _ 1 i TOTALS 'r'Allt} 1`In6L} 1'ALID ON }IA•IO A"D CAINI DO PNIICOREMENT PRICE LISTS SUBJECT TO CHANGE WITH ml hlllrf r rRb UNf MINI AND OELIVtRY CHANGIS MAV RE ADDED 109 SPECIAL SERVICE ON ITEMS 'Im nen'1 n rn r I Or ALL r JPANit NI M11 VIR INUM 1Al1}µI1L Bf .-N IRUNLES50THERWISE NSTNUCTEDINWRITING^ v.l r1 I ^O'1 •II P I IN 0 R N`,4f? ''IN AID UIII} Nrlt flIVH1 ALOIIIRNAI P P15011 I,I.P. WNILN x n. ulll 1` YTn n .nt I11AIN erN VU1111 w Itv Al f1x W111 141 F'IL ll Ux iAy1 1VII'r II xNNll 11 N(It 11H11(14 r P1[f •NSOfLtIUN flf GAUr,f UfTi N15 TlllA.Pll r uI114nnr Ni114BAxA111U 1 ,ESTIMATE 1511MA1111 RY / APPROVED BV AU(HORIJCU AN PPTED BY UWNI R 0R AGENT DATE e'z. � �$ � ' -� ZIA MAOnAI. NM 6 SubIM S _ _ , AD— ESTIMATE TOTAL $ ADVANCE CHARGES$ GRAND TOTAL E _ _. t CLAIM FOR DAMAGE ON INJURY y�q�o g��yy ^,. •., , 1, claims for death , injury to person, or I- personal prope tnr110t RA1A9Rh dak dhdb an 100 days ofinr the occurrence (Gov. Code, Sec. 911.2). ADMINISTRATION LA Claims for damages to real property must he filed not later thon0"arzf1we occurrence (Gov. Code, Sec. 911.2). AY I: TC: CITY CF rancho Cucamonga 716191AH11241213141516 ! James Glide-4,11 Hall 7780 Klusmsn Ave., R.C. 91730 987 -0182 17 Name of Claimant Address Zip Phone Age Same r�ldress to which Cloimanf wishes notices sent. WHEN did Jamnnc or injury occur? August 15, 1983 Vl HERE did damage or injury occur? City Park, Baseline Rd., R.C. HOV/ and under ,hot circumstances did damage or injury occur? Trying, to get home before dark tried to take short cut through city park on Baseline Road and did not see rusty _ste,l cable stretched across two posts at entry to Little League field. cnbla did not have any reflectors or other warning devices - VVItAT rerticul, -r n.cfion by the City, or it.; erroloyees, caused the alleged damage or injury? (Imlude name of cm ployces, if known) 7'he city ',,12 nep.li Cent in failinv to cost reflectors or Other warning devices Ov C.Ti_T�C.abTV'.o�U .g- about it. e negligence e ence on the part of city employs could have caused t rJt,.T'Y�.a.ftm -ep deaf, ms.;� ,... ,,, s... d r �^- rmanent --xn- ems^ bean Pre �y �r're ),nw•suiC if I private onrty had caused this to happen. sum ca ym, c aim? nr ude Ike eslimnted om,unf of any prospective loss, insofar as it may be known of th,. ti,n.. If tiv. r.- e— ration of this claim, together with the I>nsi% of computation of the omnunt claimed: (Attach or hills, it pa,,;I'I "I Dr. Hu ?h F. Kohler, M.U. (office call) $26.00 Thrifty Drug Stor^ (medicat. ion) S 16.30 For pain and suffering — _ "— '- - - -- T-1 000---, For rer_nir cr r�epincnment of bic ci'Y e S 325 For punitive damaf•es - - -_ >,Vf)0' - - -- Tntol Amounf Claimed: $ 6,367.30 NAMES and odd -rive; of wilnrs�os, Doctors and Ilospilols: (or_ Hueh F. Kohler, M.D., 7263 Carnelian St., Cucamonga, Cal. Mrs. Jane Doe (true name and address presentje nknown October 1, 1983 I� � DAT! cr.ar September 30 COOKSEY. COLEMAN S HOWARD gTiOON EVS qT L �nCU W.`�� c,a <OiN G��vr,rl TO6TM CALIFORNIA 92600 1983 c— 9N f3 „ vG O0 n[11 0908 SANTA ANA c ETI CITY OF RANCHO UCCA ONGA ADMINISTRATION AN CCI 10 } 18191n1ll1p111�IV Clerk City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91730 Re: Rodney James Heatheock v. City of Rancho Cucamonga, etc., et al San Bernardino Superior Court Case No: CW 22607 Gentlemen: • We represent C.V. Holder and C.V. Holder, Inc., in connection with the above - captioned litigation. C.V. Holder and C.V. Holder, Inc., were served with a Summons and Complaint in the above- captioned matter as POE defendants on August 18, 1983. Pursuant to the provisions of 910 et. seq. and 901 of the Government Godc of the State of California, C.V. Holder and C.V. IGil dor, Inc., hereby present their claim for equitable indemnity and /or partial equitable indemnity in the above- captioned matter. We know very little of the facts giving rise Complaint by plaintiff, other than he was in automobile accident on September 29, 1980 at intersection of Turner Ave. and Feron St. in Cucamonga. We understand that Mr. Heatheock as a result. of the accident of September 29, to the jured in an the Rancho is a paraplegic 1980. We have filed n Cross- Complaint against, the City of Rancho Cucamonga and the County of San Bernardino, among othors, but will hold -off serving the. Cross - Complaint pending formal denial of the claim. If you should have any questions, or require that this claim be submitted under different form, please advise. Very tri, y yours, , ��^ /�� 1f �'Wav1d 'o .al DC /mam cc: America.i States Ins. Co. - Rancho Cucamonga • 9 Da te: To: From: Subject: n MEMORANDUM October 14, 1983 Q a City Council and City Manager .(1. F71` 19' i Bill Holley, Director, Community Services Department A Agenda Item 3 -G, October 19, 1983: Establishment of the Recreation Services Enterprise Fund This is really a housekeeping item. Currently, income and expenditures connected with user supported City recreation activities are run through a "Trust Fund" system. However, the principles of Governmental Accounting state, in part: "Enterprise Funds are the funds that governments should use to account for services to the public when most of the costs involved are paid for in the form of charges by the users of such services ". This, in effect, is aimed at operations such as ours. What chance will this produce in programs? Done. It is a way of continuinq to do what we are currently doing but in a 'slightly' more correct manner. Staff Recommendation: Adopt Sample Resolution establishing Recreation Services Enterprise Fund. RII /mw 1-7 RESOLUTION NO. [? -1%/ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE RECREATION SERVICES ENTERPRISE FUND. WHEREAS, the City Council of the City of Rancho Cucamonga, California, wishes to foster a system of Recreation Services that are as financially self reliant as possible; and WHEREAS, the cost of providing Recreation Services can he offset in part through user services fees and charges; and WHF.PF.AS, principles of governmental accounting states, in part, "Enterprise funds are the funds that governments should use to account for services to the public when most of the costs involved are paid for in the form of charges by the users of such services ", BE ST THEREFORE RESOLVED by the City Council of the City of Rancho Cucamonga As fellows: 1. There is hereby established the Recreation Services Enterprise Fund, which shall receive all funds collected through fees and charges from recreational activities and facility rentals; • 2. The Recreation Services Enterprise Fund shall be the source of disbursement for recreational contract service instructors; staff activity instructors, leaders or sports officials; facility rental for specified activity sites; consumable supplies for recreational activities supported by the Enterprise Fund; capital equipment or development in support of activities or functions directly Associated with the activities of the Enterprise Fund, and, publicity costs associated with recreational activities of the Enterprise Fund; 3. The Recreation Services Enterprise Fund shall act as the umbrella funding source for recreational special events where a fee may or Day not be charged; 4. The operation of Recreation Services Enterprise Fund shall be administered by the Community Serivices Department in accordance with financial policies and practices of the City. PA %;I'0, APNIOVED, and An OI °f F:U, this day of , 1984. ATTEST City Clerk Mayor I`� r1 u • n �J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 19, 1983 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer SUBJECT: Agreement for Reconstruction of Lemon Avenue in conjunction with Tract 9638 The south half of Lemon Avenue between Klusman and Archibald Avenue is in a state of serious disrepair due, in part, to normal deterioration and damage caused by the construction of Tracts 9637 and 9638 by Crismar Homes. Staff has reviewed the matter with Crismar and agreed that the streets should be totally reconstructed in conjunction with the work currently underway for Tract 9638. The cost of reconstruction is EiO,930.00 to be split equally between the City and Crismar. Staff feels that is an equitable arrangement to most effectively remove an existing and further maintenance problem. RECOMMENDATION It is recommended that Council approve the agreement for Lemon Avenue Street Improvements in conjunction with Tract 9638 and authorize funding in the lump sum amount of $5,465.00 from the Systems Development Fund. 41ee fully su tte Attachments Ij AGREEMENT FOR LEMON AVENUE STREET IMPROVEMNTS IN CONJUNCTION WITH TRACT 9638 This Agreement is made and entered into this 4th day of October 1983 by and between CRISMAR DEVELOPMENT,a California corporation (DEVELOPER) and the CITY OF RANCHO CUCAMONGA, a municipal corporation (CITY). RECITALS WHEREAS, the CITY and DEVELOPER desire to mutually participate in the construction of street improvements on Lemon Avenue; and WHEREAS, the DEVELOPER has expressed its willingness to include said construction with improvements for Tract 9638. • NOW, THEREFORE, IT IS AGREED AS FOLLOWS: COVENANTS 1. The DEVELOPER shall construct Lemon Avenue from 410 feet east of Archibald Avenue, said improvements as further described in City of Rancho Cucamonga Drawing No. 712. 2. The CITY shall bear in the cost of improvements equal to one half to actual construction cost south of the centerline of Lemon Avenue. Lump sum total amount equal to $10,930.00 3. The CITY agrees to make payment of said amount within thirty (30) days of completion and acceptance by the CITY of completed construction. 4. Each party shall indemnify the other parties and its officers, -1- �ll ./ v agents and employees against the hold them free and harmless of and from all . claims and liabilities of any kind arising out of, in connection with, or resulting from, acts of omissions on its part or on the part of its officers, agents, contractors and employees in connection with the construction. 5. This Agreement may only be changed with the mutual consent of the parties in the form of written contract amendments. 6. This Agreement and the terms and conditions contained herein are all subject to a successful completion of construction. IN WITNESS WHEREOF, the parties have executed this Agreement as the date first above written. ATTEST: Lauren M. Wasserman, ,ty C erk X91 CITY OF RANCHO CUCAMONGA, a municipal corporation by CRI4tA P T loPer by A. Petersen orized Agent ' 2- • • 0 J 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 19, 1983 TO: City Council and-City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician o;p o F U Z U SUBJECT: Intent to Annex Tract No. 12237, 12237 -1 and 12237 -2 to Landscape Maintenance District No. 1 as Annexation No. 15 and setting the date for Public Hearing for November 16, 1983 Tract No. 12237, 12237 -1 and 12337 -2 received City Council approval cn August 17, 1983. Attached for City Council approval is a resolution declaring the City's intent to annex the above mentioned tracts into Landscape Maintenance District No. 1 and setting the date for public hearing. Also attached is the Engineer's Report for this annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolution setting the public hearing for November 16, 1983 and approving the City Engineer's Report. Respectfully submitted, LBH:B •jaa Attachments r�� ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 • ANNEXATION NO. 15 CITY OF RANCHO CUCA,N70NCA TRneTS 122 y�,� ✓/i' �� w 12237 -1 a rtr �,T , ` 12237 -2 ENGINEERING DIVISION A T — to VICINITY bL1P n o� J �llv ` •r _ f I T.1`.• CITY OF RANCHO CUCA,N70NCA TRneTS 122 y�,� ✓/i' �� w 12237 -1 a rtr �,T , ` 12237 -2 ENGINEERING DIVISION A T — to VICINITY bL1P n o� J �llv Julv ::8, 1983 fidpic, DEVELOPMENT, INC. Ci °tv c` Rancho Cucamonga 9310 Ban ^_line Road, Suite C Rancho Cucamonga, California 91730 Attention: ..., J. Martin JUL 241 i983 6HY GE RANCHO CUCAMONGA EN9!NEER!NG DiV!S'ON Pe: JOI:IIIIS Ti.E LANDSCAPE AND LIGHTING DISTRICT • Dear :... :Sar-in: Th'.c letter is to notify you that DICK SCOTT, INC. does h�•r�bv join the Landsca, -c and Lighting District of the City of Rancho Cucamonga as it relates to the development of Tract 12237, Rcs— ctfuiiy sutmitted, Ri ha 1, Scott, President 0 1111 WEST NINTH STREET • UPLAND, CALIFORNIA 91786 • 714946.1802 • �tj RESOLUTION NO. 19 19 03G 2'- —i7r� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 15 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, on October 19, 1983, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: • SECTION 1: That the Engineer's Estimate of the itemized costs and expenses oT--said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described —in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 19th day of October, 1983. AYES: NOES: • ABSENT: 4 1 CITY OF RANCHO CUCAMONGA Engineer's Report for • ANNEXATION NO. 15 to the Landscape Maintenance District No. 1 for TRACTS 12237, 12237 -1 AND 12237 -2 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new tracts into Landscape Maintenance District No. 1. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tracts 12237, 12237 -1 and 12237 -2 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 Tracts 12237, 12237 -1 and 12237 -2. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if paid plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (E.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data, r--1 L J 4le The estimated total cost for Landscape Maintenance District No. 1 • (including Annexation No. 15 comprised of 25,300 square feet of landscaped area) is shown below: Total Annual Maintenance Cost S.30 % 402,307 square feet = $120,692.10 Per Lot Annual Assessment $120,692 10 = $46.37 26h lots Per Lot Monthly Assessment $46.37 $3.86 months Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and • labeled "Exhibit A ", by this reference the diagram is hereby incorporated within the text of this report. SECTION 6, Assessment Improvement for Annexation No. 15 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 1984, to determine the actual assessments based upon the actual costs incurred by the City during the 1982/33 fiscal year which are to be rrrovered through assessments at required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Evens 1. City Council adopts resolution instituti ^o proceedings. 7, City Council adopts Resolution of Preliminary Approval of City Engineer's Report, 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. is 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. n � s r! � RESOLUTION NO. 10-39 -W-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 15 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LICKING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Liohting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of Work: That the public interest and convenience require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and faciliites thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental • lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Work: The foregoing described work is to be located within roadway rig Tit— of-way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 15 to Landscape Maintenance District No. 1 ". n LJ SECTION 3. Description of Assessment District: That the conte'plate� work, —in the op ini— ooh said ity Council, is o more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 15 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. R, indicating by said boundary lines the extent of the territory included within the proposed assessment district and which map is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. * has approved the report of the engineer of work which report • indicates the amount of the proposed assessment, the district bnundary, assessment zones, titled "Engineer's Report, Annexation No. 15, Landscape Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hear iny: Notice is hereby given that on November, 16, 1983, at the hour o pm in the City Council Chambers at 9161 Base Line, in the City ,, Ra.,:ho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property • described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. LandscaP in9 and Lighting Act of 1972: All the work herein proposed shall ��one and carried t— hrougn in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to Section 61961 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 19th day of October, 1983. AYES: NOES: ABSENT: ATTEST: Jon U. Mikels, Mayor N� u L� 0 0 1rm ALAo n urvn VTT(' a MANT`e Staff has been working with Lucas Land Co., Central School District and Mr. and Mrs. Flinkman concerning the acquisition of park property and street dedication at the subject location. Presently the City has street right -of- way which is not appropriate for the General Plan use. Mr. and Mrs. Flinkman have signed a deed dedication with the condition that the City vacate the unnecessary street right -of -way. This is inaccordance with the previous Council approval and will enable greater ease of development of the school and future residences and park facilities presently planned. Attached is a resolution which will summarily vacate the existing right -of -way and may be recorded concurrently with the street deed signed by Mr, and Mrs. Flinkman which relocates the street to serve all three properties (see attached deed). RECOMMENDATION It is is recommended that Council adopt the attached resolution summarily ordering the vacation by relocation of an unimproved road north of Arrow Route and East of Vineyard Avenue. Respectfully submitted, (/ / lr LOH: LM:?�a Attachments H STAFF REPORT ��'v V °� r p; o DATE: October 19, 1983 > � t z V: > TO: City Council and City Manager 197 FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SbuJECT: Vacation of Street right -of -way North of Arrow Route and East of Vineyard Avenue Staff has been working with Lucas Land Co., Central School District and Mr. and Mrs. Flinkman concerning the acquisition of park property and street dedication at the subject location. Presently the City has street right -of- way which is not appropriate for the General Plan use. Mr. and Mrs. Flinkman have signed a deed dedication with the condition that the City vacate the unnecessary street right -of -way. This is inaccordance with the previous Council approval and will enable greater ease of development of the school and future residences and park facilities presently planned. Attached is a resolution which will summarily vacate the existing right -of -way and may be recorded concurrently with the street deed signed by Mr, and Mrs. Flinkman which relocates the street to serve all three properties (see attached deed). RECOMMENDATION It is is recommended that Council adopt the attached resolution summarily ordering the vacation by relocation of an unimproved road north of Arrow Route and East of Vineyard Avenue. Respectfully submitted, (/ / lr LOH: LM:?�a Attachments H • CITY OF RANCIIO CUCA�V0I title.; � SA�ImPROYwS1ank1�. �, '_•� �' ! ENGINEERING DIVISION T u- VICINITY NIAP nn P 6 e V J Y I � �� StHaaL Ppppio�c o MGNy "11T3'.' '�' • EKISTIAIG - 3 � i O J V o`n y •eaa• - � row � I 1 r� 0 • CITY OF RANCIIO CUCA�V0I title.; � SA�ImPROYwS1ank1�. �, '_•� �' ! ENGINEERING DIVISION T u- VICINITY NIAP nn P 6 e pq u STATE OF CALIFORNIA l) COUNTY OF SAN BERNARDINO 1 55 On uabor '?, 193: before me. the undersmnnd, a Nolary plats in and In, nand County andblate,arySOrlally dnOndrP,d anl_,'l T;: L. 1'L1:{;::L,:1 �� -- known to me to be the nelson a _ whose name a subscribed to the within instrument and acMnnwunaeo that _t hoy executed the same. ] . eiaNlu.a of Notary 12yi IArc� •'Laws A0UiIW,1�)YI i$tl ef .... 1.0 aEWEIrEp or City of Rancho Cucamonga WNfN 11ECOe0EO Minn. iO Cny' M Rancho Cucamonga P.U. Boa As Rancho Cucamonga. CA 91710 H Ann, MOVE MIa Iowa EOR."aAOe!I.. OSE EASEMENT FOR A %ALL'ABLE CONSIDERATION, receipt of which is hereby acknowledged, A4 'Lfs--. GRAR'TIS1 to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT for o.raet, Rand and public Utilities. in, over and upon that certain real property in the Ckyof Rancho Cucamonga. Cousmyof San Bernardino. SIsI Cahlmma, Deenbed as Pollows: '.hat onrtion of Lot 13, as Per plat of Subdivision of Lot 10, Cucamonra finny ;rp :racor as recorded in Map 3ook 20, Pare 44, Records of Can Bernar- dino i'nunty, in the City of Rancho Cucanonge, btate of Calieornio, described as folla'.vs. • Er'i'n"" at the intersection of the east line of the nest ?29 feet of the east G" o ^.t of said Lot tj and ther northerly line of Arrow Route, being 30 rent ,rly rind parallel to the centerline of ,1rra'.v Route; thence " eat niony said northerly line; trims, 20 feet northerly .,long -ollel to the ast line of said Lot 13 the n thence stcrly 195 feet, r „cro a -, along a liac parallol to and 30 :cat north of th^ cunt grlilo of Route to the beginninr of a curve concave north':msterly, havior, a r_otli_., of 24 feet; thence along said curve to a point anich is 374 feet 'cotnrIY of the east line of said Lot 13, said 374 feet measured parallel to tr,a ecntnnline of f ^uw u,suTc; thence northerly along, a line which is -:lei vo the oFet Iu-n,, of saitl Lot 13 and 374 feet rest of said east lino, r m ured poraiiul to said centerline, to a line %drich to parallel to aril feet couthorly of the north line of said Lot 13; thence easterly alone; paid last mentioned parallel line to the west line of the east 329 fc't of paid lot 13; thence southerly parallel to the east line of Lot 13 to the ;cin.t of beginning. baled 1931 r.1: LT11II L. . -90711 STATE OF CALIFORNIA l) COUNTY OF SAN BERNARDINO 1 55 On uabor '?, 193: before me. the undersmnnd, a Nolary plats in and In, nand County andblate,arySOrlally dnOndrP,d anl_,'l T;: L. 1'L1:{;::L,:1 �� -- known to me to be the nelson a _ whose name a subscribed to the within instrument and acMnnwunaeo that _t hoy executed the same. ] . eiaNlu.a of Notary 12yi IArc� •'Laws A0UiIW,1�)YI i$tl • RESOLUTION NO. d8- 1 -9-OI R �-� y t% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF All UNIMPROVED ROAD NORTH OF ARROW ROUTE AND EAST OF VINEYARD AVENUE WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate an unimproved road dedicated by an easement deed recorded in Book 6477, Page 886, of Official Records of the County Recorder of San Bernardino County, California; and WHEREAS, the City Council found all the evidence submitted that said unimproved road has been superseded by dedication of a street in a more useful and logical location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating an unimproved road described in said deed herein described, Exhibit A. • SECTION 2: That from and after the date the resolution is recorded, said unimproved Broad is vacated. 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 19th day of October, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City erk jaa Jon D. Mi a s, Mayor �a E X H I B I T "A" A eaSe,ent for the purrosed shown r -nd i antal F,, roes, as provided in the deed recorded in Book 6427, page 886, official Records. For: highway and r Affects: Said etseme ct i. descn.hed as follow.: . no.. l means of the eaat 656.00 feet of Lots 13 add 14, as per plat of a S:t'id!vtsion of lo m Lure 10, Cccanga vioryard : r oiled in Book 20 of Maps, page 44. Fecords of the Country of San Bernard -., State of Calif.,..., described A toll o's: Ce^.- yacin4 at a point on the rout, ling, of ..aid Lot 14, whit`. is r58­0 sa e'.Iticl, of the east line thereof: thence u 0- 31' 49" E aln.'. the'art line u .It 658.G0 feet of said Led. 14, A distance of 100.60 f,,- no the -,PLO Rotor of Beginning: thence continuing :: C• 01' 49' E along thew t line of the east 656.00 feet of Bard lot 14, A distance of 60.00 feel thence S 09' 46' 22" e, 0.17 feet to the Beginning If A 'Intent cueuLr eutv., concave southvaterly And having a radlax of 130,00 feet; thence 5 atl.e astir l:' Alen- We arc C - cva':ei r. In dictdoce o, ;53.22 feet rurtendi.g a central an-:A f 43. 23' 30" to a - .. of re.-arce r�ivrtu.�r with A tai C, eo - -nve ..0....eas :c :1;: and ,..Yong A radios of 27::,00 feu.. aheoce s - alerts L ^.e a f the last s cove, e.. ar eistence of 61.'0 - fee[ +asu_.anding a cent alg angle o, I)'a 05' 30'; thence 5 30' 29' 32^ N along a radial line exceeded s t.1 _ eely a detente of 60.00 feet, t int o - "tharly and having A radius of 20.CJ `net, taeacenter •e. oluh te.re v5 30' 29' 32' thence westerly alonq the at, of the last s cu(':a. ad are dlsa,-.Cc of 27.50 feet, suctending a Central en41e of 761 46' 56 ", to A point of Corpound curvature with a curve concave easterly and having a radius of 100.00 feet thedce southerly Along the it e last said d a n arc d,a- a,,ce of • ]2.]2 feet, suctendsn3 a cen too angle of 436 3" 52c: .. thence 5 06 02' 42•' W. tafae'a the aid c and n axle- the east line of said Lot 13, A dist.nceso. . Lop or to the beg= snrr,d o Ant urtalar air.. _on,a ... nortcasturl'i a and ha Vin- a radles of a 20­c feet; thence sout.:eesterl, along the a f the last said Carve a distance of 31,36 feet, sdbt^'d'I, a centrals ^ale of 81' 4 , to a point of tangency with a line of 24,00 feet nor herly of and parallel with too souvn line of slid Lot 13; • 13' 01" w at right angles to tin south lane of said Lot 13, a distant, of 20.CC feet to the south line of said Lot 13: thence It 696 44' 59" 0 along the south line of sail Lon 13. A ."stance of 10J,00 feet; Neon• :: CI' l)' 01- E At a gat a e the s uth line of $aid :.el 13, a 1utence d: 21,',,) feet to Z" Le`.':nr:ng of a +realer c _ rAm,.r c;r::y , radius of 20.0.: feet` said u :nV tannont e lin, 2.. .tee on rthCrly If aid'a"11bil wit, oho ae.dt. .in, of said Lot Ili rl'/ al.nl t;c a of tie Las: 5 , d: :t. ,,0 of r 111.49 b .; tI;..', 11 a eat'ai a". . 'a l0 v1rv', tone nt of ta...e.. , 1... i !;n yarol :.l wits the east' :.,,' of said Ant 13�:o thence 8 0' ' L Garallvl with the of said Lot 13, a dlat.nre of , ^B, e• fact, mo . r less, a t, .r,lenndcg of a ta-, ¢et eelar curve, altorV .rd h ;nl A e f 160.40 feet; .. .. .i v.o .,, n li,t uo:uv, c lut.m<c If'11J.4lr f "t vy a .. .ral angle of i ' tan, to a .nt of rs„ .r. ,tar with ,. ...vl -a ., .,s,trl'i land tavino a rad,w of 20.00 40 fear; LP Pncc r - nLeld the me of the tact said env'o, a . :at.ncc of 31.4] (u of t•su :e ndt :.y a .,rnl enyle of Od• );' • ^ tote d Vnd v,rva t_ :C with a .ur., co.,.n V. sou[hM tav 'Ste(ly and inga' ,. !.Grass of 2]0.00 face. thence i.ertorly Along tho etc of the last said curve, a n ar c distance of 183.22 feat, srsendrng a coin"" a-,vm of 15' :2. 4r t 6' True Point oft:... .r ' ?TI U • 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 19, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael 0. Long, Public Works Inspector GpCAMO , � � f �;I o S 19 SUBJECT: Acceptance of Street Inprovercn:s and Storm Drain for Parcel Map 6194 located on the East Side of Haven Avenue at 7th Street, Cadillac - Fairview Development The street and storm drain improvements for Parcel Map 6194 have been completed to the satisfaction of the City Engineer. It is recommended that the Council-approve the acceptance of the project and direct the City Engineer to file a Notice of Completion with the County Recorder and rel=_ase performance surety. RECOMMENDATION It is recommended that Council accept as complete the street and storm drain improvements and approve the attached resolution authorizing the City Engineer to file the Notice of Completion and release faithful performance bond in the amount of $850,000.00 submitted by Rancho Haven Associates. Respectfully submi ted, H:M :jaa' Attachments 35 RESOLUTION NO.-LO —19 -06CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6194 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 6194 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. Pi PASSED, APPROVED, and ADOPTED this 19th day of October ,1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, ,ty C erk jaa 0 Jon 0. MikeT-S—,-ffa—yor 3!- E RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cuc arorga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE 15 HEREBY GIVEN THAT: 1.The undersigned Is an owner of an interest or estate in the hereinafter described real property, the nature of which Interest or estate Is: PARCEL MAP 6194 2.The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0, Box 807, Rancho Cucamonga, California 91730. • 3.On the 5th day of October, 1983 there was completed on the hereinafter described real property the work of improvement set forth in the contract documents for: PARCEL MAP 6194 4.The name of the original contractor Tor the work of improvement as a whole was: STANLEY F. YELICH, INC. S.The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: EAST SIDE OF HAVEN AVENUE AT 7TH STREET 10 CITY OF BANC HO CUCAMONGA, a municipal corporation, Owner Date L oY Hu s, ty ngmee-, )7 CITY OF RANCHO CUCAMONGA STAFF REPORT �, AF <' �I DATE: October 19, 1983 tt: TO: City Council and City Manager is FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance and Release of Road Bonds Tract 10569 - located on Placer East of Archibald Avenue OWNER: The William Lyon Co. 9613 Arrow Highway Rancho Cucamonga, CA 91730 Accept: Maintenance Guarantee Bond (Road) $3,300.00 Release: Faithful Performance Bond (Road) $176,600.00 • The street improvements have been constructed in accordance with the approved plans and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion, accept the Maintenance Guarantee Bond and authorize the City Clerk to release the Faithful Performance Bond. S.A. 80 -13 - located on the Southeast corner of Sapphire & Highland OWNER: Corporation of the Presiding Bishop of the LOS Church c/o Grant -Hatch & Associates, Inc. P. 0. Box 11809 Salt Lake City, Utah 84147 Release: Faithful Performance Bond $55,000.00 The street imorovements for S.A. 80 -13 have been completed in accordance with the approved plans and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Band. continued... ',G City Council Staff Report Release of Bonds • October 19, 1983 Page 2 P. M. 7555 - located on the Southeast corner of Milliken and 8th Street OWNER: O'Donnell, Brigham 1301 Dove Street, Suite 760 Newport Beach, CA 92660 Release: Faithful Performance Bond (Road) $86,000.00 The street improvements for Parcel Map 7555 have been completed in accordance with the approved plans and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond. Respectfully submitted, • yd B. Hubbs City Engineer 0 ;F • RESOLUTION NO. 10 19 -04CR �7� —p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10569 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 10569 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 19th day of October, 1983. AYES: NOES: ABSENT: • ATTEST: Lauren M. Washeim.n, City Clerk jaa L Jon D. Mikels, Mayor u RECORDING RED'STED BY CITY OF RANCHO,CUCAMONGA P, 0, Box 007 Rancho Cut anninga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANC40 CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: S,The undersigned is an owner of an interest or estate in the hereinafter described real property, toe nature of which tnte,L or estate Is: TRACT 10$69 2.The full name and address of the undersigned comer is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Bon 807, Rancho Cucamonga, California 91130. 3.On the nth day of September, 190.3 there was completed on the hereinafter described real property the work of improvem@nt set forth in the contract documents for: TRACT 10569 4,11he reams of the original contractor far the work of improvement as a whole was: THE WILLIAM LYON COMPANY $.The real property reterred to herein is situated in tha City of Rancho Cucamonga, County of San Bernardino, California, and Is &scribed as follows: On Placer East of Archibald Avenue I J� CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner LL oT —Y77 Nubby, lY T19 weer RESOLUTION NO. 10- 19 -054R qg -177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR S.A. 80 -13 AND.AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for S.A. 80 -13 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 19th day of October, 1983. AYES: NOES: • ABSENT: ATTEST: Lauren M. Wasserman, City ClFrT jaa I* <<a on D. Mikels, Mayor 0 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WEN REL^ ,ED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. O. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1.The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: S. A. 80 -13 2.The full name and address of the undersigned owner Is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, California 91730. • 3.On the 23rd day of September, 1983 there was completed on the hereinafter described real property the work Of improvement set forth In the Contract documents for: S.A. 80 -13 /.Tbe name of the original contractor for the work of improvement as a whole was: CORPORATION OF THE PRESIDING BISHOP OF THE LOS CHURCH c/o Grant -Hatch 6 Associates, Inc. S.The real property referred to herein Is situxted in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: SOUTHEAST CORNER OF SAPPHIRE AND HIGHLAND CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Tyd- 6- �bs —Clcy ingineer is �- u 3 RESOLUTION NO. 10- 19 -47CR ' >. i7 ^_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7555 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 1555 have been completes 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, APPRGVED, and ADOPTED this 19th day of October, 1983. AYES: NOES ABSENT: • ATTEST: Lauren M. Wasserman, City C er jaa 0 Jon 0. Mt a s, ayor r-I u RECORDING-REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Boa 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1,The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: PARCEL MAP 7555 2.The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, California 91730. • 3.On the 26th day of September, 1983, there was completed on the hereinafter described real property the work of Improvement set forth in the contract documents for: PARCEL MAP 7555 a.The name of the original contractor for the work of Improvement as a whole was: O'OONNEL, BRIGHAM A PARTNERS, INC. S.The real properly referred to herein is situated In the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: SOUTHEAST CORNER OF MILLIKEN AND 8TH STREET CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner l oT3 a. Mubbs, lty Englnecr r1 I • 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 19, 1983 TO: Members of the City Council and City Manager FROM: Jack Lam, AICP, Director of Community Development SUBJECT: APPROVAL OF REDEVELOPMENT AGENCY ACTION REGARDING TAX ALLOCATION BONDS The attached Resolution is a follow -up to the action taken by the Redevelopment Agency requiring procedural validation of tax allocation bonds. RECOMMENDATION: That the City Council adopt a Resolution approving the Redevelopment Agency action for judicial validation of future tax allocation bond issues. Respectfully fbbmitted, JACK LAM, AICP Director of Community Development JL:jk Attach. 14 1977 L v.w or r is cs or BEST, BEST 6 KRIEGER October 15, 1983 MEMORANDUM TO: MAYOR, CITY COUNCIL, CITY MANAGER AND CITY ATTORNEY FROM: REDEVELOPMENT AGENCY COUNSEL RE: PROPOSED ISSUANCE OF TAR ALLOCATION BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA Attached is a resolution approving the issuance of tax allocation bonds by the Redevelopment Agency of the City of Rancho Cucamonga. The Community Redevelopment Law authorizes • the Redevelopment Agency of the City of Rancho Cucamonga to issue tax allocation bonds for any of its corporate purposes, subject to the approval of the City Council. JOHN E. BROWN FRANCIS J. BAUM • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF ITS RANCHO REDEVELOPMENT PROJECT TAX ALLOCATION BONDS AND MAKING CERTAIN DEETERMINATIONS RELATING THERETO. WHEREAS, the Redevelopment Agency of the City of Rancho Cucamonga (the "Agency ") is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Com- munity Redevelopment Law, being Section 33000 and following of the Health and Safety Code of the State of California, and the powers of the Agency include the power to issue bonds • for any of its corporate purposes; and WHEREAS, a redevelopment plan, known as the Rancho Redevelopment Project, has been adopted and approved by Ordinance No. 166 of the City, which was adopted on December 23, 1981; and WHEREAS, the Agency has adopted its resolution entitled, "Resolution of the Redevelopment Agency of the City of Rancho Cucamonga Authorizing the Issuance of up to $25,000,000.00 Principal Amount of Tax Allocation Bonds of Said Agency to Finance a Portion of the Cost of a Redevelopment Project Known n:; the Rancho Redevelopment Project;" and WHEREAS, under and pursuant to the above resolution, the Agency has authorized the issuance of not to exceed L� e( n u $25,000,000.00 Rancho Redevelopment Project Tax Allocation Bonds (the "Bonds "); NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: Section 1. Approval of Issuance of Bonds. The issuance of not to exceed $25,000,000.00 principal amount Rancho Redevelopment Project Tax Allocation Bonds, in order to aid in the financing of the Rancho Redevelopment Project and for other purposes related thereto, all of which consti- tute a " redevelopment activity," as such term is defined in Health and Safety Code Section 33578, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. • Section 2. Effective Date. This Resolution shall take effect upon adoption. ADOPTED this 19th day of October, 1983. ATTEST: Cit C Cork OT the City o1 Rancho Cucamonga, California n u Mayor r of the City of-Rancho Cucamonga, California _2_ ). I Cl, • RESOLUTION NO. 83- 1�7✓ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the Personnel Department are no longer required for public or private purposes; and WHEREAS, it has been determined that destruction of the above - r..ectioned ,.Aterials is necessary to conserve storage space, and reduce staff me, expense, and confusion in handling and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City Department to destroy any City records or documents which are over two years old under his or her charge, without re'King a copy thereof, after the same are no longer required, upon the approval of the City Council by Resolution and the written consent of the City Attorney; and • WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without rn'r,ing a copy thereof, which are over two years old; and WHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HERESY RF.COLVE AS FOLLOWS: SECTION 1. That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2. That the City Clerk is authorized to allow examination by and donation to the Department of Special Collections of the University Reoenrch Library, University of California, or other historical society &;i :: nit "d by the City Council, and of the records described in Exhibit "A" ntt.i nh-1 hereto and made a part thereof, except those deemed to be ron.fid�ntial. ;F.C,TION 3. That the City Clerk shall certify to the adoption of this Rgoo!uti <.n, and thenceforth and thereafter the same sall be in full force and effect. PASSED, APPROVED, and ADOPTED this " day of * 1983. AYES: NOES: AJ� • r 1 U EXHIBIT "A" 1. Salary /Benefit Proposal - Fiscal Year 1979 -80 2. Salary /Benefit Surveys - 1981 j. Building Inspection Examinations - October 1979 L. Clerk Typist Applications - October 1980 5. Police Clerk Applications - January 1981 6. Planning Aide Applications - February 1981 7. Building Inspector Appliations - February 1981 8. Maintenance Worker II Applications - February 1981 9. Assistant Planner Applications - April /May 1981 10. All other employment applications dated prior to May 30, 1981 1 tdp9p.�totredbA of 911v rgoN6i Altegbd neprh; e.AaV.elie, L'nle.n othprrrleey�roriJml h }• ina r xM1th tlM npgmv d of the lo6'Igl.tlre twdl h)'_ rc�rintioti Wild �IIe nriitgn yrrownr oj�ilrr City nflorm•y the lend of n Ottd,plilt.. mrht m:p dcelm} .n }• At! o-nnA: Arcument, imtrnmruh Igck or Iwtcrtmdar_hi[ charCC,. rrithnol mnkin, n IdD)_Ih, 1, aftrr the mane it no Io lgrc, n,bhcii. Thl, Io"blu Joe, nm Inithortr the Ihet'o,(bo. nC In) Itemrd,.ff"OV9 the title to mol p1bTe -My or limn thelwrn. Ill Cmlrl becorlb, to IternrJx rcAblrpd to M• kept by rtAlow. (d) 10a roe Im th." • ttvo }mnre oid. (Pt The minhtefi, ordfl:step, or m,elloijoh, of loo IrgishatN'o body or of • city bo.rd or reenti nlnh. Tld, ,Irt7oly hA11 nol be ml4m ,l n, IlndtinF nr ❑ utlifyi.4 by Any m.nher th! nntlmrity pro,Wd In &cation M(Ol... for thr Je.,j ... die. of recoMn, docomenl,. In. xtrtmpmix, Ixmk, mW pm., to .aor bu" lvith till, prore,lnn• lhorehl pnmertbell. IAmrMCd by 4tnb.147 G, a W, p. W. 11.1 L 1176 AmeryOmunl. `•YnIrIWIW wl, Im Ilnn n l, Rhl. Yntlor 'he mlll.ken Im- iorm.xln9eeM\\eli'n Cr Mlll1Y Ede !,,I '..,I lod aarno ,".1 a to%. thl. v—,", l:ur ernmene In fnel the r .. Iminn ! lnOrlaN d,w,lc- �-�- vb atbn of Ihl, lnecl on n Penple r. old to 119!01161 e)q.Rme 611. ii6 r'.M 1391. We. to No ". gAkrot o. rlmrn. dacumml. Imerumenl, In veneral 1 p!r of CnverW by the , ep- u..e to Ibin .—th'o m.Y by dl.trolw nY a C.aea ,t erl0lnlh elepOl a ell!' dewrlmmt bent C-114W he hl.m• Eacep40nr,iln OlneNl t the inpyrovk1 of the (e6lAnln'e h,wrt by re!- or., n .hd YIt. the written co..., of the —�— i1ty 67 ()vn Aby.Gen. SIT, . -3N- 1. In OsnerN t E ... "hole -In w ... I kl +le —.14 trot <Ylh, Oerlrurtbn fun- if Y , of the l,Cepllnnx In Ihl.. tin. u•1[IN•I ClUaln amp:.olt nr.lnnt belle. xlxt iM r cmd m.Y hot he ,Mtl roYetl Yn• by mllnntt upon M. .n IT— It.! the pro wbou, of t 34." 61, eomAlled . aV 4 do aruetlnn nt rermd..bd re,C).two 'lIh by the city ofllmr hall.[ emlMV f Lv fily ,ohOl. Mnkh apPYr,bAty p,mvelt thr M. IT opv Atty.Ge., 107, 9- Ttl-f1. "od minil,dlnF rMYetl FY fltY po11C! Y � C.O.. of ONYlnil, ![<IpnOn. n.e.nmMt fer de,tc"111 n.'m.,aNlYaenYn yy Ine r.rd. 1,. 0.1"1el fur w'h111F rd etl.ct (11.1 henik .., cityttryroM a 0' b, a "� .Ted ey tn. ..... h,o. Ih Ihl..e011oh le dl- 1.. M1� Melle lnd IreP1,1 Mll efloo.b. "0.. IT 11..A1tY.Grn. W, 461611. 1.146u11.. 1641"tn .%*R,dA If Addstl... %Y AE esd Miat INSTRUCTIONS FOR • RECORDS INVENTORY WORKSHEET Ui: ,1 P.TlEST Administration FILE CAB. NO. — DRAWER NO. LOCAT7`: Porsannel Office SHELF CASE NO. SHELF PAC12 :+0. OTHER BY /I)AT-- Mary Kuhn VOLUME (CU.FT.)__ 9 -20 -83 DATE; 1979 -May 1981 Di:SCRTF1'IOS OF CC:; EI;TS REKARKS: 5r,1 -OS Salary /Benefit Proposal - Fiscal Year 1979 -80 502 -05 Salary /Benefit Surveys - 1981 506 -02 Building Inspection Examinations - October 1979 501 -02 Clerk Typist Applications - October 1980 509 -02 Police Clerk Applications - January 1981 509 -02 Planning Aide Applications - February 1981 509 -02 Building Inspector Applications - February 1981 501 -C2 Maintenance Worker II Applications - February 1981 509 -02 Assistant Planner Applications - April -May 1981 509-02 All other employment applications dated prior to May 30, 1981 ,11'P!'i;: i;D FOIt ld' TBPC DISPOSITION OF RECORDS: S� 0 • 9 nrmv nV n e XIOl n f" 1n A ARn \T( STAFF REPORT October 17, 1963 TO: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Personnel Reclassification It is recommended that the Administrative Analyst, Robert A. Rizzo, be reclassified to the position of Assistant to the City Manager. This classification is a management position. The salary range for the position is $2096 -$2559 /mo. The basis for the reclassification is that Mr. Rizzo is now assuming greater responsibilities as a result of recent personnel changes in our organization. LMW:baa J • 11 CITY OF RANCHO CI]CAMONGA STAFF REPORT i October 19, 1983 TO: City Manager /City Council FROM: Jerry Grant, Building Official SUBJECT: SWIMMING POOL FENCING GG GUCA'Lr> 2 �G7 + n z, ! r _ O F � � p> 1977 1 Background: The City Council, at their meeting of August 31, 1983, directed the Staff to set this date for public hearing to consider an amendment to City building regulations reducing the minimum fence height for swimming pool enclosures from 5' -V height to Analysis: Since our original submittal, several items have been brought to our attention which have prompted revisions to our previous proposal: a) At the previous Council meeting, Councilman Frost pointed out a technicality in the ordinance which would have allowed measurement in a fashion that could have resulted in a lesser fence height when measured perpendicular to sloping ground. Wording has been revised to preclude such possibility. b) The State Building Standards do provide for fencing of "public pools" as therein defined. The ordinance has been modified so as not to regulate fencing for pools controlled by State Building Standards. c) Review of the requirements for openings in fencing (other than gates or doors) indicated a necessity for clarification regarding enclosure member arrangement. The latest proposal reflects language similar to that used in the Building Code relating to openings in stair railings and guardrails, and should clarify the intent. We have notified all swimming pool and spa contractors, licensed to do business in the City, of the Council's proposed consideration, resulting in one written response, (copy attached) and one verbal comment, both indicating support for the change. 6J� Staff Report Subject: Swimming Pool Fencing Page 2 Recommendation: Based upon input received from our canvass of surrounding communities and the City Attorney's recommendation, it is the recommendation of the Staff that the accompanying ordinance be introduced and the hearing be conducted for receipt of public input. • • 6- i 9688 FOOTHILL BOULEVARD CUCAMONGA CALIFORNIA 91730 it y 1 "1 17141 9891807 September 26, 1983 City of Rancho Cucamonga 9320 Baseline Rd. Suite C Rancho Cucamonga, CA. 91730 Dear Mr. Grant; My company, Swan Pools, is in receipt of your letter of 9 -21 -83 RE: reducing minimum fence heights for pools and spas. Swan Pools is presently the largest swimming pool contractor in Southern California according to pub- lished permits, meaning we build in a lot of differ- ent cities. The fence heights in the different cities varies as you know, from no fence required, to 6' high. The most common fence height to the best of my know- ledge is 51. The San Bernadino County areas, (not incorporated), require only 4' high fences. Most homes that have been constructed before this year, have a fence height that is around 5' high, and it is quite a feat to raise a fence just 6 ". Safety wise, I believe that 5' high is just as safe as Sh' high. The gates spring loaded, and self closing, are the main issue. Swan Pools gives each customer a "PLEASE KEEP GATE CLOSED" sign just for this reason, (one enclosed). The new fence height of 5' will certainly make local homeowners happy, as we have had many calls in the past year from upset people, saying, "why didn't the home builder advertising pool sized lots, install the correct height fence ". The cities revenue may also increase, as some people just flat out refused to spend "extra money ", to raise their fences 6" and did nbt build a pool. But, if a new fence height is established they may reconsider. 10 /` For all the reasons stated above, we believe the fence height for both pools and spas should • be reduced to 5'. jr/lm Resppetf ly SO GARASSICCH� Swan Poo!; U O • CITY OF RANCHO CUCAMONGA A x.w.Jon Il. 1likela �" x .vinrnhr. h. fl— J. W'..t II Jame. l'. Frmt Richard )1. DOI Phillip D. Schl"'-" September 21, 1983 SWIMMING POOL /SPA CONTRACTORS On October 19, 1983, the City Council of the City of Rancho Cucamonga will consider an ordinance reducing the minimum fence height for pools and spas from 5' -6" to 5' -0 ". • If you have any comments, either pro or con, your input will be welcomed. As outlined in the notice of hearing, your comments may be made in person at the meeting, or by writing to this office. Copies of the proposed ordinance may be obtained upon request by calling (714) 989 -1851. Is Thank you for your participation. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Building and Safety Division Je Gr�Lt�� Bui rr lding Official JRG /kap attachment / l �l 9329 EASELINF. ROAD, SUITE(' • POST IIFFII Y RO \9117 , RANI '110('t'l A)IONGA. l'AI.IFORNL) 91780. (714) 999.1951 CITY OF RANCHO CUCAMONGA STAFF REPORT a Lc I� 197 _ August 31, 1983 TO: City Manager /City Council FROM: Jerry Grant, Building Official7L SUBJECT: SWIMMING POOL FENCING (�/ Background: In January 1981, the City Council adopted Ordinance No. 122 which included provisions for fencing of swimming pools. (By definition, a "swimming pool is any body of water created by artifical means, designed or used for swimming, immersion or therapeu Li.c purposes ", thereby including spas and hot tubs). The ordinance replaced prior San Bernardino County rules which alliwed an enclosure 4' in height. Under the current regulations, swimming pools exceeding 18" in depth, require protective enclosure not less than 5'6" in height. The unusual height was recommended by the staff to provide maximum protection and yet provide for limited flexibility in design, considering zoning ordinance fence height limit of 6' in residential zones. In other words, the Intent of the current regulations was to encourage 6' fencing but provide workable tolerances considering certain construction methods, terrain differ- entials and the zoning ordinance maximum. Since adoption of the requirements, some 700 swimming pools and spas have been installed in the city utilizing current provisions. Analysis: During review of the City Council referral, we contacted a local contractor, the southwest representative of the National Spa and Pool Institute, and 11 local governmental agencies to establish current regulatory trends and to determine if pool and spa safety could be considered differentially with regard to enclosure heights. Industry contacts do not take any position as to recommend fence height, but leave the matter So legislative agencies. None of our governmental contacts consider spas and pools independently, but minimum fencing heights do vary somewhat from one jurisdiction to another. Data collected from 11 other government agencies indicate a strong majority (8) require 5' high fencing; three (3) allow 4' enclosures. Critical water depth (requiring fencing) varies to as much as 24" deep with most jurisdictions grouped at 16" to 18" depth (see attached listing), � n Staff Report Subject: Swimming Pool Fencing Page 2 • Recommendation: Based upon the preponderant minimum height of 5' in surrounding jurisdictions and the City Attorney's recommendation of uniform heights for ease of administration, it is recommended that the building regulations be revised to reduce required pool and spa forcing height from 5'6" to 5'0" It has been our practice, in adopting building regulations, to advise interested industry members of pending changes so that their input may be received. A hearing date of October 19th would allow adequate time for notification and for industry response regarding the change. If the City Council is desirous of effecting a change, it would be appropriate to direct the staff to publish notice of intention to adopt the ordinance and set a date of October 19th for the public hearing. JRG: 11 1 Is C9/1/83 REQUIRED FENCE HEIGHTS FOR SWIMMING POOLS /SPAS III- �w r ' • J 0 MINIMUM DEPTH FENCE HEIGHT CITY REQUIRING FENCE REQUIREMENT CHI 110 18" 5' -0" CLAREMONT 16" 5' -0" / CORONA 24" 5' -0" FONTANA 24" 5' -0" ONTARIO No Minimum Depth 5' -0" POMONA 18" 5' -0" RANCHO CUCAMONGA 18" 5' -6" REDLANDS 18" 4' -0" RIALTO No Minimum Depth 5' -0" SAN BERNARDINO CITY No Minimum Depth 4' -0" SAN BERNARDINO COUNTY 18" 4' -0" UPLAND 18" 5' -0" III- �w r ' • J 0 6 M E M 0 R A N D U M r7 L TO: Lauren Wasserman, City Manager FROM.: Robert E. Dougherty, City Attorney DATE: August 10, 1983 RE: Swimming Pool Fences At the request of the Council I have reviewed State law and I have found no provizion thereof pertaining to a City's authority to regulate the heights of fences around swimming pools. It would appear within the City's authority to reduce the minimum height of swimming pool enclosure fences from 5 1/2 feet to 5 feet. For ease of administration I recommend that Council consider applying a uniform height regulation to all swimming pools and spas. RED:sjo cc: Jack Lam, Director of Community Development cc: Jerry R. Grant, Building Official • 11 n,mv nn n . w.nnn �•rrn n e..nwrr• e STAFF REPORT DATE: October 19, 1983 TO: Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Michael Vairin, Senior Planner t�" ! Ed SUBJECT: STATUS REPORT ON A RECREATIONAL VEHICLE STORAGE YARD - A recreatlona vehic a storage yard ocate at 0 Base Line Road. BACKGROUND: There is an existing recreational vehicle storage yard ocated at 10191 Base Line Road, generally located on the south side of Base Line east of Hermosa Avenue and adjacent to the Southern California Edison substation (Exhibit "A "), At the request of the property owner south of the recreational vehicle storage facility, Mr. Steven Husa, this .,;atter is being brought forward to the City Council for a report on the status of this property and some associated problems. It is intended that this report will provide the focus necessary for the Council to provide final guidelines for resolution of the issues outlined in this report. Attached to this report is the correspondence related to this issue. Early in 1979, staff discovered that the project site was being utilized as an RV storage yard without approval. After investigating the situation, staff found that the proposed use was not a permitted use in the zone and notified the property owner to abate said use. As a result of staff's enforcement, the property owner requested Commission review of this use for the possibility of allowing it to remain. The Planning Commission, at their meeting of May 23, 1979, unanimously voted to defer enforcement for removal of the RV facility and directed staff to examine and prepare ordinance standards to be included into the new Zoning Ordinance. Since that time, the recreational vehicle facility owner, Leona Danna, has been operating the facility until the City's new ordinance has been adopted. Early this year, Steven Husa, the property owner immediately to the south of the subject property, contacted staff to complain of drainage problems that were a result of the recreational vehicle property. Staff received written communication from Mr. Husa on March 25, 1983 about the problem and visited the site to determine the severity of the drainage problem. The site investigation revealed that there was in fact water draining from the RV property onto the southerly property in an adverse manner. Therefore, on April 1, 1983, staff contacted the applicant in writing to request that the drainage problem be corrected or that the u;e be removed and the site restored to its original condition. Since that initial contact, staff has been working with Mrs. Danna, her attorney, and her engineers to resolve the drainage issues. CITY COUNCIL STAFF REPORT Status Report on Recreational Vehicle Storage Yard October 19, 1983 • Page 2 ISSUES: There are two issues with regard to the use of this site; the ego ity of the RV storage yard and the drainage problem caused by the RV storage yard. 1. Le alit of the RV Storage: The new Development Code has been comp ete y t e anning commission and it does include provisions for a recreational vehicle storage yard within a residential zone subject to a Conditional Use Permit. It is anticipated that the Development Code will be adopted at the end of the year and will become effective at the beginning of 1984. Staff has indicated to Mrs. Dianna that upon adoption of this new Code,.she will be required to submit for a Conditional Use Permit. Staff also indicated that an approval for a CUP for this type of use will most likely include requirements for such things as street improvements, screening and landscaping. Therefore, the legality of the storage yard appears that it will be resolved soon and that appropriate improvements will be made to the yard as will be determined, if approved, through the Conditional Use Permit process. 2. Drai na Problem: The drainage problem is a direct result of the site aving been improved with a slag rock covering and the storing of recreational vehicles without any drainage improvements. As a • result the sheet flow of water coming from this property to the south has caused substantial flooding problems for the adjacent property. As can be seen from all the attached correspondence, there has been much direction and discussion provided from staff in order to solve this problem. Mrs. Danna originally had an attorney and an engineer working on the project who have since divested themselves from the project and are no longer involved. Currently, Mrs. Danna has a civil engineer preparing final drainage plans which are being reviewed by the City's grading committee and she is working with Southern California Edison Company to obtain necessary approvals for constructing the improvements. Gettin; approval from the Southern California Edison Company has been taking more time than anticipated. In a recent discussion with Mrs. Danna, she indicated that her latest contact with Edison indicated that approval should be gained shortly. Mrs. Danna also has a contractor ready to install the improvements as soon as the Southern California Edison approval and City approval of the drainage plan has been accomplished. Mrs. Danna has indicated that she is committed to installing the improvements, knowing that the Conditional Use Permit must still be obtained and is not a guaranteed approval. ALTERNATIVE ACTIONS: Basically, there are two alternative actions should the Council- desire to take any action at this time. The first would be to require the removal of the RV facility and restoration of the property to its original condition, which would eliminate the RV storage yard issue as well as the drainage problem; and, secondly, the • W 7 CITY COUNCIL STAFF REPORT Status Repurt on Recreational Vehicle Storage Yard October 19, 1983 Page 3 Council could set forth some time guidelines for solving the drainage issue and to require the submission of a CUP application in a timely manner for the RV storage yard. It appears that final approval for usage of the SCE property is possible within the next couple of weeks. The applicant has an engineer who can prepare the final grading plans and obtain City approval in a timely manner. Also, the applicant has a contractor who can install the improvements immediately upon approval of the final plans. RECOMMENDATION: Mrs. Danna has discussed this matter at length with staf a -1` nd has indicated her commitment to install the necessary drainage improvements to correct the drainage problems. To accomplish this, final approval from SCE must be obtained, final approval of the grading plan must be obtained from the City, and ultimate construction. Mrs. Danna has indicated that she feels that this can be accomplished approximately by mid - November. In review of this situation staff recommends that the Council give direction to the applicant to accomplish these things by November 21, 1983 and that failure to do so will result in enforcement action for the removal of the RV use and restoration of the site to its original condition. Additionally, the • Council may want to consider requiring sand bags to be placed along the south property line during this interim period of time, in order to divert any rain runoff around Mr. Husa's horse stables. If the Council agrees with this interim measure, we would recommend that the sand bags be installed by the end of October. Further, that the Council direct the applicant to apply for the Conditional Use Permit for operation of the RV facility as soon as the new ordinance is adopted. it ck Go*t' ty Planner :MV:jr Attachments: Correspondence Between Staff 6 Involved Parties !r C` i SIC •E. i PRaPe�Ti �� O51 1 3 09 J:-t 0 $A6E LNE RD. J MM- VM MDfEFf Nh'� ( MR. li*A'6 mfe" E NORTH CITY Or ITEM: LOCATION MPS_ RANCHO CCCANK) \GA TITLE: 10111 $ilfiE LING RD. 0 PLANNING DIVISION rxluniT: —Jk- —SCAL& �7 September 22, 1993 Hr. Lauren Wasserman, City Clerk Rancho Cucamonga City Council 932C Baseline Road, Suite C Rancho Cucamonga, California S'JBJ7-CT: STORAGE YARD AT 10191 BASELINE ROAD Dear `7r. Wasserman: With the rainy season approaching and no formal resolution planned, I find it necessary to pursue the matter mere strongly to avoid further damages. Therefore, I respectfully demand that this matter be brought before the Rancho Cucamonga City Council at their first meetin3 in October, 1993, at which time my representative shall solicit the support of the council members to assure that the :latter is quickly resolved. I also will require a written legal determination, provided by the City Attorney, regarding the legal status of the storage yard with respect to current zoning, drainage, sani- tation and business codes in Rancho Cucamonga. I previously requested this information in a letter dated September 2, 1993 and have not received any of this information. 1 would sincerely appreciate your cooperation in this matter and request that a written response be forthcoming. C17Y Of RANCHO CUCAMIONGG�� COY. A'.UNITYMUOPMENTOEPTiour cooperation will be appreciated, sEP :; �� ,583 AM e 718191101111121112,3s41516 ,¢ 7343 Turner Avenue Rancho Cucamonga, California 91730 cc: Robert Dougherty, City Attorney Xichael Yaivin, Senior Planner -740 CCCAbfo . CITY OF RANCHO CUCAMONGA aeh l 4. v!- .w.,.. Jon D. alikeh r..u,.,,r.. . '� Charlo J. Jim, II Jaa C. rrn•1 L197' Rirhard 11. Dahl Phillip 4 skhlm,o September 27, 1983 Leona Danna 10191 Base Line Road Rancho Cucamonga, California 91730 SUBJECT: RECREATION VEHICLE STORAGE YARD AT 10191 BASE LINE ROAD Dear Ms. Danna: Per our telephone conservation of September 26, 1983, I indicated that the drainage problem and the RV storage operation is now being brought forward to the City Council at the request of the southerly property owner. The City Manager, Lauren Wasserman, has placed this item on the City Council's agenda for their October 19, 1983 meeting, • During the next two weeks, your engineer should finalize the grading and drainge plan per the comments which I transmitted to you in my letter of September 14, 1983. In addition, any Edison Company agreements or comments on the proposed drainage solution should be obtained prior to the City Council meeting. If the Edison Company is causing delays, then I would suggest exploring other alternatives such as using an easement to cross the southerly property. As we have discussed, the additional notes that were provided by the engineer on the proposed grading plan is still not sufficient to meet the plan requirements which are outlined in my previous letter. Please have your engineer continue to work on these revisions and submit them to my office within the next week in order that we can complete the plan checking and approval of the drainage plan. It is my understanding, that as soon as the plan is approved by the City and any other involved parties, that you will be able to proceed with the construction of the improvements immediately. u 71 9n2011.13ELiSE ROAU, SL'ITF,C POST IIFFIfI: In IX N117 R, \`./'1111 ITC \ \IIISGA, (',11,IrORNIA 91700 (7111999.1 851 ,. Leona Danna September 27, 1983 Page 2 I want to stress the need for setting up a firm time -line on the committment for the installation of these improvements, This -time -line Should be submitted within the next 2 weeks so that I may report this to the City Council at their meeting of October 19, 1983. This time -line shall be subject to our review and approval and in our opinion should not be extended beyond the end of October. If you have any comments or questions with regard to this letter, please do not hesitate to contact our office. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT ,PLANNING DIVISION Michael V rim Senior Planner MV /kep CC: Lauren Wasserman Steven Husa • 10 c` CITY OF RANCHO CUCAMONGA e l �yyi ay v., Jon D. )UWk C1 t/ �^ • G IrF 6n,nWmNn y p� Chula J. Ru9uel 11 J..,, C. Froo 197 Rmhud \t. Dahl l'billlp II. SW, ,r September 14, 1983 Leona Danna 10191 Base Line Road Rancho Cucamonga, California 91730 SUBJECT: THE RECREATIONAL VEHICLE STORAGE YARD AND DRAINAGE PROBLEM LOCATED AT 10191 BASE LINE ROAD Dear Ms. Danna: We are in receipt of the proposed grading plan for the subject site planned to resolve the drainage problem for that site. This letter is intended to provide you with some further guidance and suggestions on this plan prior to final preparation of a grading and drainage plan and approval by the City. Conceptually, the idea for the construction of a solid grouted low retaining • wall along the south property line to divert the water through the Edison's facility on Turner Avenue is appropriate. However, there are some details which need to be provided on the plan in order to determine that this solution will not cause any further problems. The grading plan will have to include some spot elevations and contours (existing and proposed) in order to see what grade changes will occur. Also, we need to be able to see that there is enough slope in order that the property will drain appropriately without any further concrete improvements. We also see two other areas that need to be further addressed. It is a good possibility that a concrete gutter may need to be installed along the base of the retaining wall or somewhere in that vicinity, in order to get the flow of water out to the west and to Turner Avenue. Additionally, where the water leaves the subject property to go into the Edison property, improvements will most likely be needed for appropriate transition of that water so that it does not spill over across the southerly property. This may also necessitate the construction of further improvements through the Edison facility in order to transmit that water, which is now being concentrated, to turner Avenue. Therefore, more information will be needed as to the exisiting and proposed improvements across the Edison Company's property. Basically, the grading plan does not contain enough information to be able to say that it will work without any further problems. I� • I"? 9320RA8ELINEROAD.NUITEC • POST OPFICF: nOX W • 4A3/' 111) 1 I' C.1MONCA,P,UdFORNIA 91130 • 11111989g6a1 • Leona Danna September 14, 1983 Page 2 Another suggestion would be to construct the new concrete block wall with a larger footing to accommodate a larger block wall in the event that future development of the site will necessitate a standard 6' block wall. We understand that you have been working on this project and are actively pursuing the resolution of this problem. However, we want to stress the importance of the resolution of this problem and the construction of the improvements prior to this years rainy season. Correction of this problem in a timely manner is imperative and will reflect upon your future request for a conditional use permit an this site. If you have any questions with regard to the comments on the grading plan, please do not hesitate to have your engineer contact our office for further discussion. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 6:4PV Michael Vairin Senior Planner tMV /kep 49 C�GAA(O CITY OF RANCHO CUCAMONGA 1.n U. atlhcls / y •.ninrnN.. CM1arle.l. M. D.h II Jame.. Frnst Richard JI. Dahl 1'h fillip 1/. 5rhlp..er 19'7 September 14, 1983 Steven Husa 7343 Turner Avenue Rancho Cucamonga, California 91730 SUBj ECT: STORAGE YARD AT 10191 BASE LINE ROAD Dear Mr. Husa: We are in receipt of your letter dated September 2, 1983, with regard to the problems you have been experiencing with the operation of a recreational vehicle storage yard located at 10191 Base Line Road. As we have discussed in the past, we are currently in enforcement with the property owner to resolve the drainage problem and to ultimately receive the necessary permits for operation of the recreational vehicle storage yard. As you are aware, the property owner hired an engineer sometime in May of this . year to begin survey work and design an appropriate solution to the drainage problem. For some reason or other, this engineer did not follow through with his assignment and ultimately withdrew himself from the project. The applicant has recently hired a new engineer and has in fact submitted a draft grading plan for our consideration and input. I am presently reviewing this plan now and will be providing the property owner and her engineer with comments on that plan. Therefore, I anticipate that following our comments on the draft plan we will be able to work towards a final grading plan. Again, the goal is to have the appropriate improvements installed prior to the rainy season. In addition to the drainage issue, you are well aware of the fact that the property owner will need to legally comply with the new ordinance which the Planning Commission has reviewed and has given its support to. This ordinance will require the property owner to obtain a conditional use permit to operate the recreational vehicle storage yard. I have already talked with the property owner and indicated that with the approval of such a permit there will be requirements for such things as block walls and landscaping for screening and buffering adjacent properties. The property owner is well aware of these commitments and will be moving forward on these probably after the beginning of the year when the ordinance will be finally adopted. • 9370 BASELINE ROAD, SUITE C • POST I1r Fit BOX PO • It\M 1101'l'('. \ \IOSfi A. (,t1.1FORNIA 91730 • (710099.IR3l Steven Husa • ' ' September 14, 1983 Page 2 • E The City plans to continue the pursute of the resolution of the drainage problem and the use of this site. It is our goal to resolve the drainage problems by the rainy season.so that this would not further impact your site. If w._ can be of any further assistance on this matter, please do not hesitate to contact our office. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLAY,NI NG DIVISIO 2 /A l , Vairn Senior Planner MV /kep CC: Robert Dougherty, City Attorney Lauren Wasserman, City Manager Leona Dann& �h ` GF�Fr1NCL�FIC << "+'' E'fllTV 0(VEL CUCAtA NGA OPMENT DEPT, AM 5�P0;; 1983 • 71819110111IL91I 30156 September 2, 1983 4 ^.r. Michael Vairin , Community Development Department Planning Division 9320 Baseline Road, Suite C Rancho Cucamonga, California SUBJECT: STORAGE YARD AT 10191 BASELINE ROAD Dear Mr. Valrir.: This letter documents the continuing problems I am experi- encing due to the Improper drainage conditions caused by the storage lot operated by Ms. Leona Dana at 10191 Baseline Road, and my unsuccessful attempts to have this drainage situation corrected. For three years I have been unable to convince Ms. Dana to correct the drainage problem voluntarily. I therefore found it necessary to contact the Rancho Cucamonga Planning • Division in January of 1983 regarding the problem. You spoke with both Ms. Dana and myself and visited my property during a rainstorm in order to confirm the severity of the problem. At that time, Ms. Dana had assured you of her willingness to cooperate in solving the problem; however, to this date no corrections have been made. On March 25, 1983, I drafted letters to Mr. Huhbs, Mr. Wasser- man and yourself giving written documentation and accompany- ing photographs depicting the severity of the drainage prob- lem. At that time I requested that the Planning Division Issue a formal citation to Ms. Dana and that the site be re- turned to its original condition. I also requested that Mr. Wasserman place the matter on the agenda for the first City Council meeting in May, 1983. In Mr. Wasserman's written response, he assured me that he would instruct you to pursue the matter until it was satis- factorily resolved and that a City Council meeting was not necessary at that time. • r�7 E As a result, you drafted a letter to Ms. Dana informing her of her options in correcting the problem: "_) have an engineer prepare and instigate a drainage plan with the approval of the City, or 2) remove all storage use and return the site to its orlGLnal condition. As a result of the above correspondanoe, Ms. nana met with Mr. Gomez and yourself on June 10, 1983• In a letter to Ms. Dana dated June 13, 19e3, vo'a set three distinct deadlines for correcting the problem. These were: 1) An o-asement for drainage should be obtained by Jure 17, 1993, 2) Preparation and submittal of drainage and grading plans by July 1, 1983, and .. 3) Combletion of construction and Improvements by the end of August, 1983. Ms. Dana obtained the services of Mr. R. Sullivan, PE, in order to find a satisfactory solution to the problem. Mr. Sullivan prepared a rough elevation survey and spoke with Mr. Lees (neighbor to the east) and myself on several occai- sions. in a letter dated July 27, 1983, Mr. Sullivan with- drew his services after determining that "no solution could he found which would be satisfactory to all parties involved." I have carefully reviewed the elevation survey prepared by Mr. Sullivan and it would seem impractical for drainage structures to be constructed to divert the water to Turner Avenue due to the drastic elevation changes that would be necessary to allow adequate water flow. To date, no temporary or permanent corrections have been made and further damages were incurred during the recent storms of August 7th through August 19th. With no resolution to the problem In sight, I therefore re- quest that the City Attorney, in conjunct,lon with yourself, provide me with a wri U..c,, legal determination regarding the legal status of the stn-,-- yard with respect to current zoning, drainage, sanitation and 'business codes in Rancho Cucamonga. I also request that this be accomplished no later than September 15, 1983. Thin information is necessary as I believe that civil action will be requirnd in order to resolve the problem and recover my looses which rani^ In the thousands of dollars. T� I would also recommend that the City of Rancho Cucamonga instigate any final actions against : ^.s. Dana immediately • In order to mitigate the City's responsibility for aml damages re.uiting from future storms. Your cooperation will be appreciated, t ven -RUSa cc: Lauren Wasserman Robert Dougherty Leona Dana M 7343 Turner Avenue Rancho Cucamonga, California 91730 • • . SULLIVAN, P.E. July 27, 1983 Mr. John D. Taves 1365 W. Foothill Blvd. Upland, CA 91786 Re: Leon& Dann& Dear Mr. Taves: 17141981 -3632 (Bus.) (7141905 -3170 (Res.) Engineering & Codes Consultant ,�li Y(O NRAi E���ryCNT+DEPT, C9'f JUl �7 198? PM q(S)9(',0)U(�(1(213)91516 A After expending considerable time and effort in the above matter, I have come to the conclusion that no solution to the drainage problem of your client can be found which would be satisfactory to all parties concerned. • A tentative grading proposal which was satisfactory to both Mrs. Dann& and Steve Huss. (property owner to the south) was rejected by Mr. Lees, the property owner to the east. This is to advise you that I am hereby witbdrawiag my services in this matter. I] Very truly yours, R. Sullivan, P.E. cc; Leona Danna Steve Russ, Michael Vairin n /.l 130 E. NINTH STREET • UPLAND, CALIFORNIA 91786 Cl G.tlpi ; CITY OF RANCHO CUCAMONGA .. cb F w.,.cana n.3uhda C�r�(nrnan. c 7. Ch J. Rugael 11 Jamey. — 19' icha Richard 31. Dahl Phillip .l. Sch hooey S hl,,, June 13, 1983 Leona Dana 10191 Base Line Rancho Cucamonga, California SUBJECT: RECREATIONAL VEHICLE STORAGE FACILITY LOCATED ON THE SOUTH SIDE OF BASE LINE, EAST OF HERMOSA Dear Ms. Dana: • Thank you for meeting with me and City Planner Rick Gomez on June 10, 1983. The purpose of our meeting was to determine the status of your work in correcting the drainage situation that has been identified for your property which contains a recreational vehicle storage yard. As indicated in past • correspondence, this matter has been pending for a long period of time without resolution of the Problem. We understand that improvements of this nature are costly and will require a substantial financial commitment on your part. However, we must stress to you that improvements must be made to correct the drainage problem or the recreational vehicle storage yard will have to be removed and the site returned to its original condition. As has been stated in past correspondence, the use of this site as an RV storage facility is currently not permitted within the zone and the Planning Commission has curtailed any enforcement action on the matter as City staff and Commission are currently working on a new zoning ordinance. The new ordinance may allow recreational vehicle storage yards in residential zones subject to a conditional use permit. As we discussed in our meeting, the improvements you make with regard to the drainage are improvements would be necessary with the approval of a conditional use permit. In fact, there would most likely be more improvements required under the approval of a conditional use permit such as block walls, landscaping, and street improvements. C61 9320 RASE 141SE ROAD, SUITE C • POST rIFFI('E BOX 807 • RANCHO rrrAVO \GA. CALIFORNIA 11730 . (7111999.1951 Leona Dana June 13, 1983 Page 2 • During our meeting we discussed two options for drainage; (1) obtaining a drainage easement from Mr. Husa, or (2) obtaining a drainage easement from the Edison Company. Since Mr. Husa will be leaving town shortly, we decided that any agreement with him should be obtained by June 17, 1983. If permission is being granted by the Edison Company to utilize their facility for drainage, an agreement with Mr. Husa would not be necessary. In addition to obtaining the necessary agreement for a given drainage solution, plan preparation and submittal of a drainage and grading plan must be accomplished by July 1, 1983. Further, the necessary construction and improvements should be completed by the end of August, 1983. We appreciate your efforts in discussing this matter with us and request that this matter be expedited and solved as soon as possible. If you have any comments or questions with regard to this letter or our previous discussions, please do not hesitate to contact me. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MICHAEL VAIRL Senior Planner MV:jr CC: John Taves Robert Sullivan Steve Husa Is Q-) R. SULLIVAN, P.E. June 8, 1983 Mr. John D. Taves Suite 1 Sycamore Bldg. 1365 W. Foothill Blvd. Upland, CA 91786 Re: Leona Danna Dear Mr. Taves: 1714)Odl- 3632(Bus.) (714)905- 3170(Res3 Engineering & Codes Pursuant to the above matter, I have met with Mrs. Danna, and, with Sir. Steve Husa and my conculsions in resolving this matter ara as follows: I. Two possibilities for drainage of subject property are (a) provide drainage to -the south to existing streets, (b) provide drainage easterly to Turner Ave. Both of these options require that easements be obtained. 2. Elevations of subject property should be obtained in order to determine which option is most economically feasible. • 3. A grading and drainage plan should be prepared and submitted for the approval of all concerned parties. 4. Upon approval of grading and drainage plan, work to be commenced in an expeditious manner. These two options were discussed with Mr. Husa and appear to be acceptable to him but he appeared to be reluctant to grant a permanent easement for drainage through his property. If option (a) is adopted draina „n would be through two separate parcels and would require easements from a,. .dd"L iuna, „„r.er. If option (r„ is adopted drainage would be along a line separating the Husa Property and that of the Southern Calif. Edison Co. If I can be of any further assistance please let me know. Yours very truly, i R. Sullivan, pE, • y J 130 E. NINTH STREET • UPLAND, CALIFORNIA 01786 OF Michael vairin c,;Oriff y EEYC O ° "4CN'OEPT. Senior Planner r CITY OF RANCHO CUCAMONGA ,IUI +')7 183 Post Office Box 807 PM Rancho Cucamonga, CA 91730 7igig11pi11E1211i2i314i6i6 Re: Our Client: L.:ona Danna Adverse Party: Steve Husa Dear Mr. Vairin: On June 3, 1983, I had the opportunity to discuss with Mr. Husa his complaints and grievances concerning Mrs. Danna's property. I had tried to call Mr. Husa on several occassions about this problem but was unsuccessful in contacting him. • Mr. Husa explains that he works from 8:00 a.m. to 5:00 p.m. and is not available during the day. 19 Robert Sullivan had suggested to me the possibility of some type of drain being placed to the rear of Danna's property and that an easement be obtained from Mr. Husa's to permit the installation of a drain across his property that would allow the water to flow out at Turner Avenue. Mr. Husa advised Mr. Sullivan and myself that he would not, in any wa,;,, allow any type of permanent easement. Mr. Huss, however, did not foreclose the possibility of a temporary easement. I suggested to him the possibility of an easement not to exceed • period of five (5) years and he did not foreclose that as • possibility. However, before he would mare any committment he would need to see, in writing, exactly what was going to he done. The possibility of obtaining an easement from the Edison Compatly 317 :, permanent basis has not been explored, but that might be a resolution. Mr. ilusa further advised that if some resolution is not reached by the 12th of June, he would make a demand to the City and represent to them to prohibit Mrs. Danna's property permit as a storage facility. q4 ANDERSON, TAVES AND REEVER o. ".W .vc 4 �•. oe•,, .,. v. .o..n ..no sz aez ..* ..,, .. v.. .. . +. qE. �s June 6, 1983 OF Michael vairin c,;Oriff y EEYC O ° "4CN'OEPT. Senior Planner r CITY OF RANCHO CUCAMONGA ,IUI +')7 183 Post Office Box 807 PM Rancho Cucamonga, CA 91730 7igig11pi11E1211i2i314i6i6 Re: Our Client: L.:ona Danna Adverse Party: Steve Husa Dear Mr. Vairin: On June 3, 1983, I had the opportunity to discuss with Mr. Husa his complaints and grievances concerning Mrs. Danna's property. I had tried to call Mr. Husa on several occassions about this problem but was unsuccessful in contacting him. • Mr. Husa explains that he works from 8:00 a.m. to 5:00 p.m. and is not available during the day. 19 Robert Sullivan had suggested to me the possibility of some type of drain being placed to the rear of Danna's property and that an easement be obtained from Mr. Husa's to permit the installation of a drain across his property that would allow the water to flow out at Turner Avenue. Mr. Husa advised Mr. Sullivan and myself that he would not, in any wa,;,, allow any type of permanent easement. Mr. Huss, however, did not foreclose the possibility of a temporary easement. I suggested to him the possibility of an easement not to exceed • period of five (5) years and he did not foreclose that as • possibility. However, before he would mare any committment he would need to see, in writing, exactly what was going to he done. The possibility of obtaining an easement from the Edison Compatly 317 :, permanent basis has not been explored, but that might be a resolution. Mr. ilusa further advised that if some resolution is not reached by the 12th of June, he would make a demand to the City and represent to them to prohibit Mrs. Danna's property permit as a storage facility. q4 Page 2 June 6, 1983 Re: Our Client: Leona Danna • Adverse Party: Steve Husa The perfect solution would be to have the City adopt an ordinance, as originally anticipated, and then have Mrs. Danna apply for and satisfy regulations of a continual use permit. The ordinance would be a possible resolution if Mr. Huss and the Edison Company will not cooperate. Unfortunately, I will be out of town until June 15, 1983. However, a copy of this correspondence is going to Mrs. Danna and Mr. Sullivan. I am advising Mrs. Danna, forthwith, to contact Mr. Sullivan and review with him the various problems or alternatives, and have prepared necessary documentation to show what would be accomplished and when. Very truly yours, ANDERSON,,TAVES-AND REEVER JOHN D. TAVES Y'^ JDT /kam • cc: Leona Danna Robert Sullivan I �r • RC P�• 95,8 CFEPf Michael Vairin+ Senior Planner CITY OF RANCHO CUCAMONGA `i181911U1111 2 1112,31415 6 Post Office Box 807 Rancho Cucamonga, CA 91730 L' Re: Our Client: Leona Danna Subject: Recreational Vehicle Storage Facility Located on the South Side of Baseline, East of Hermosa Dear Mr. Vairin: This is in response to your correspondence of April 1, 1983, concerning our client's recreational vehicle storage facility. • To let you know what is happening, I have conferred with Robert Sullivan, formerly an engineer with the City of Upland for many years and now retired, and he is looking into the situation for us to see what can be done to comply with your correspondence of April 1, 1983. I will be back in touch with you as soon as I heard from Mr. Sullivan. Thank you for your courtesies. Very truly yours, AN RS NI,TAVES AND.REEVER �bHN TAVES JOT /kam v cc; Leona Danna L ANDERSON, TAVES AND REEVER G rvOEP50N ATTORNEYS *eu • O.., 00 n. e5 N. w :e[n ow N wn � rvN vrvU� ��e5 O a V�wO UPLAND, CA ILI f O FNNLEIA April 11, 1983 RC P�• 95,8 CFEPf Michael Vairin+ Senior Planner CITY OF RANCHO CUCAMONGA `i181911U1111 2 1112,31415 6 Post Office Box 807 Rancho Cucamonga, CA 91730 L' Re: Our Client: Leona Danna Subject: Recreational Vehicle Storage Facility Located on the South Side of Baseline, East of Hermosa Dear Mr. Vairin: This is in response to your correspondence of April 1, 1983, concerning our client's recreational vehicle storage facility. • To let you know what is happening, I have conferred with Robert Sullivan, formerly an engineer with the City of Upland for many years and now retired, and he is looking into the situation for us to see what can be done to comply with your correspondence of April 1, 1983. I will be back in touch with you as soon as I heard from Mr. Sullivan. Thank you for your courtesies. Very truly yours, AN RS NI,TAVES AND.REEVER �bHN TAVES JOT /kam v cc; Leona Danna L "`� "Q `' CITY OF RANCHO CUCAMONGA �_° U. 57iklh ;EZ3nKl C r «..a...«.. • F ' Z Chart. J. 8u9ua II Jamen C. Frnst WWW 'a Riahatd N. UaM1I Ph0hp It, vrh lnssar 1,1__ April 5, 1983 Steven Husa 7343 Turner Avenue Rancho Cucamonga, California 91730 SUBJECT: STORAGE YARD AT 10191 BASE LINE ROAD Dear Mr. Husa: Thank you for your correspondence and documentation with regard to the storage use operated by Ms. Leona Dana. I have reviewed this matter with our Senior Planner, Michael Vairin, and he has indicated to me that his investigation has shown that the storage lot has been causing drainage problems on your property. I have instructed Mr. Vairin to pursue this matter until the problem has been satisfactorily resolved. Please find enclosed a letter to Ms. Dana which requests her to correct the drainage problem or remove the storage operation and return the parcel to its original condition. We have been in contact with Ms. Dana and are expecting correspondence from her attorney on this matter in a short time. As these matters progress, I will inform the City Council on any areas which may require their attention. We realize that you have been pursuing this matter with your neighbor for some time and we will make all efforts to expedite this matter. We appreciate your cooperation and patience and feel confident that we can satisfactorily resolve this matter in the near future. Mr. Vairin will be handling this matter and will be in contact with you when we receive a response from Ms. Dana. Sincerely, Lauren M. Wasserman City Manager LMW /kep • 9 .330 IIASRLI \F. ROAD. SI'7Tt1C • POST OFFICF, I;OX 907 . RASCIID CUC MONGA, CALIFORNIA 91730. 17111999.1951 y7 CITY OF RANCHO CUCAMONGA _ 1'vunrrlmrm4r• G'T ,• F ('harlrC J. Buqurl ll Jam PV I'. F•(11�( '> Richard \I. Dahl I1M1 it lip U. Sr, hlo-rr April 1, 19E3 Leona Dania 10191 Baseline Rancho Cucamonga, California SUBJECT: RECREATIONAL VEHICLE STORAGE FACILITY LOCATED ON THE SOUT!i SIDE OF BASELINE, EAST OF HERMOSA Dear Ms. Danna; Early in 1979, the Rancho Cucamonga Planning Staff contacted you with regard to the use of your property located on the south side of Baseline adjacent to the Edison Substation, as it was being used as a recreational vehicle storage facility which is not permitted within the residential or agricultural zones. At the time, Staff had requested removal of the use and restoration of the site to its previous condition. At that time, you requested that the matter be referred to the Planning Commission for • their review and consideration. On May 23, 1979, the Planning Commission considered the use of recreational vehicle storage facilities within agricultural and residential zones. At that time, the Commissicn voted to waive current enforcement action on this matter and directed Staff to prepare an ordinance provision that would be incorporated into the new zoning ordinance. The provision could potentially allow recreational vehicle storage yards in the agricultural and residential zones subject to the Conditional Use Permit process. It was anticipated that the new zoning ordinance would be done shortly thereafter and that such regulations would be adopted. It was intended that, once the Conditional Use Permit regulations were adopted, you would be re- quired to apply for such Permit and make all required and necessary site improvements to comply with said Permit. However, the development of the new zoning ordinance has been delayed over the last couple of years; and, therefore, the enforcement of the illegal use of this property has been deferred until those provisions have been adopted. In the meantime, we have received communication and correspondence from the adjacent property owner to the south of this property, Mr. Steven Husa, in which he has reported and documented severe drainage problems and impart; which are caused by the recreational vehicle storage lot. Mr. Husa is repuestinq the City to either enforce the current zoning ordi- nance and remove the PV lot or to correct the current drainaqe problem, Since we have received this communication, we have met with you on the site to review the situation as well as meeting with Mr. Husa on the site 10 during a rainstorm so as to verify his allegations. Based on these investi- gations, we have found that Mr. Husa's alleqations are accurate and that Li ,,; sitr is _[,using substantial adverse drainage impacts upon the adjacent southerly property. 9:0)It. \SEI.INI: ROAD. Sr ITI: II • POST 01'1.1!' r. 1105 ! n7 y It\\( ' 111) 1' PI'.NMON'IL\, 1'. \I.IF0RNIA 91 ;30 • 17111 W IA.,l �. Leona Danna April 1, 1983 Page two... • Rancho Cucamonga's drainage policies and ordinances require the proper distribution of drainage from any site through appropriate drainage structures and drainage easements. At this time, there are basically two options available in this situation: 1) Hire a registered civil engineer to survey the property and to design appropriate drainage facilities and gain review and approval of said design by the City of Rancho Cucamonga and then have them installed. or, 2) Remove all storage use from the property and return the property to its original condition. I realize that you will want some time to review this matter with your attorney, and I would be more than happy to meet with them to explain this situation as well as the current status of,zoning enforcement on this site. Because this matter has been ongoing for a long period of time, we respectfully request that your action on this matter be expeditious and that your intentions are made known to us within a couple of weeks of this letter. I look forward to working with you and your attorney on this matter and feel that this situation can be corrected to the satisfaction • of both parties involved. Please feel free to contact me at any time should you have any questions, and I took forward to your response. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION ,4tcha6Ma1ri_tq Senior Planner MV /kap cc: Lauren Wasserman, City Manager • V • Steven rne 734' = r Ave. Rancho � r Cucamonga, Ca. 91;30 ':arc.. 2 °, 19a3 Mr. Michael Vairin Senior Planner Rancho Cucamonga, Ca. Dear Mr. Vairin; Please find a copy of the letter you requested and photo- graphs showing the seriousness of my current drainage problem en- closed. I have found it necessary to construct a sand -bag burro In order to deflect the excessive run -off from this year's unusual rains. I also might add that no attempts to control the run -off have been made by Ms. Dana. I have requested assistance from Mr. Hubbs in the Engineer- ing Department to help resolve the problem. I have also asked Yr. • Wasserman to tentatively put this matter on the agenda for the first Rancho Cu- amonga City Council Meeting in May if the problem has not been corrected. I am formally requesting that the Planning Department Issue a formal citation to Ms. Dana for the unauthorised use of A -1 zoned land for a commercial establishment and that the pre- mises be returned to its original state. Recovering compensation for damages resulting from the improper drainage conditions will require legal action in which the city of Rancho Cucamonga could be involved. I have sincerely appreciated your cooperation in the past and hope that the matter can be quickly resolved. Your aasistanceli:s appreciated; .0 ` ' ..5.even Hu9a�` y'J Steven Hasa 7343 Turner Ave. • Rancho Cucamonga, Ca. 91730 Narc.. 25, 1993 Mr. Vairin Mr. Hubbo Mr. Wasserman ^ear Sirs; This letter documents the unfavorable conditions that I am experiencing due to the unauthorized operation of a storage yard operated by Ms. Leona Dana at 10141 Baseline Road, Rancho Cucamonga. Improper drainage from the one and three - quarter acre storage yard located adjacent to my live -acre property has caused numerous problems: erosion due to the concentration of the sheet flow, water damage to supplies and equipment, and most Importantly, flooding of my horse facility resulting in lost revenues. The improper drainage conditions are caused by excessive • run -o. ^f from both the vehicles stored in the yard and the imper- vious paving which Ms. Dana has instal'=d. To this date, no pro- visions for the control of the excessive run -off have been pro- posed or made by ;ds. Dana. I have spoken to Ms. Dana previously concerning the drainage problem and she assured me that she would take care of the matter. I have sent her a certified letter (12/23/83) requestin compensation for damages and cooperation in correcting the drain- age problems. I received no response to the letter and no cor- rection were made. I contacted 'Ir. Vairin, of the zoning department, in early January regarding the problem. He met with Ms. Dana on Thursday, oanuary 20, 1983. She assured him of her willingness to cooperate. To this date, no corrections have been made and I have ouff ^red additional damages. 7a4r'.n vlsSted my location during a rainstorm and witnessei•`.he run. -off patcerr.s first - }sand. ?1y attempts to control the run -off have included trenchiar and a sand -bar burro. 'lone of these attempts have been successful. r 1 LJ fl • Other unfavorable ccaditions include: Accumulation, on my property, of trash (cans, bottles, paper, etc.) due to the absence of proper trash receptacles in the storage yard. Occurances of public urination by storage yard patrons along the fence -lines due to the absence of proper sanitation facilities (restrooms). Disturbances due to the daily movement of construction equipment (10 -wheel dump trucks, 22 -ton crane, backhoes, highlift, etc.). Storage of unsightly, inoperable vehicles and construction supplies without proper sight barriers. Continued operation of this unauthorized storage yard without necessary improvements poses a threat to my facility and property. I am, therefore, formally requesting that the Rancho Cucamonga Zoning and Engineering Departments take necessary actions to minimize my losses in the future and to mitigate the inherent liabilities of the City of Rancho Cucamonga for the continued operation of the storage yard. • Your prompt action would be appreciated; r1 U y ,I, v jlqp ,Aqpp Aq 61�11 : r... ��.�.1 ^ � � '�.•� \ y yea. .. ,� S T j' yyyn. 1 `; � e.f ` 1 y to � ' 1�f � • I ' 1 `•! at Limp h� City of UCCAMONGA May 15, 2979 Anderson, Taves 6 Reever Attorneys at Law 846 west Foothill Boulevard, suite J Upland, CA 91786 R£: Matter of Leona Oanna, 10191 Baseline, Rancho Cocamonaa, CA 987- /632 -, Bear Mr. Taves: At the regularly scheduled Planning Commission meeting of May 13, 1979, the Planning Commission considered the Citizen Advisory Committee's recommendation regarding commercial recreation vehicle storage facilities within the agricul- tural and residential districts. Attached is a copy of the memorandum for your edification. The Citizen Advisory Committee's basic response was that commercial recreation vehicle storage facilities within the agricultural and residential districts are not desirable. The Committee voted unanimouslu to • request that the Planning commission not modify the ordinance to allow for such facilities within those districts. >.hon this item was presented to the Planning Commission, their opinion was diametrically opposed to that of the Citizen Advisory Committee. They directed City staff to prepare, for inclusion in the new zoning ordinance, regulations for the development of commercial recreation vehicle s�j'rage yards. Until such time as these regulations are developed we will prefer all action against your client. We will endeavor to keep you appraised of the situation as it progresses. Should you have any questions, please do not hesitate to call this office. Veru truly yours, Ito CITY O$ Ri,Nf J��)CATfONGA narru). Mogan _ SoniOr plan L' R£il: CC Eric l nsu re rr: Garr Richards • 'F7 14WT nmrP Rnx-n%w \ \•r•n n r rr' r•v.... . r., ,, .,....,. •,�-,,. ., ,,••.., ,..., COMMERCIAL RECREATIONAL VEHICLE STORAGE FACILITIES WITHIN THE AGRICULTURAL AND RESIDENTIAL DISTRICTS Jack Lam, Director of Community Development, reported at a previous meeting, the Commission reviewed the issue of a current illegal commercial recreational storage facility located on the southeast corner of Hemosa and Baseline. The Commission raised the question of whether such facilities might be allow- able under certain conditions by modifying the current ordinance. The issue was referred to the Citizens Advisory Committee for their input. At their meeting, the Advisory Committee unanimously voted to request that the Cum - mission not modify the ordinance to allow for such facilities within agricul- tural or residential districts and not to allow any deviations from the present ordinance to do so. The concensus of the Committee was that these are commer- cial facilities and should be located within commercial or industrial areas and not within residential or agricultural districts. Chairman Rempel stated there is a serious problem with regard to storing of recreational vehicles. Proper design standards for this type of facility with proper screening, landscaping, etc., could be taken care of under a Con- ditional Use Permit. There is a definite need for this type of use in the residential areas and it is his opinion with proper controls under Conditional Use Permit this use could be allowed. Commissioner Gatcia stated the City at the present time has a very restrictive ordinance regarding the storing of recreational vehicles. There is a tremen- dous amount of residents within our community that own recreational vehicles. It is his opinion if the recreational vehicle storage lots are allowed within the industrial and commercial areas only, this takes away from the enjoyment of the recreational vehicle. If we have a restrictive ordinance for R.V. parking, then the City should make accommodations for R.V. parking in the residential area. Chairman Renpel stated he would like to see this issue covered in the new zoning ordinance. In the meant Lac, the lot on the southeast corner of Hermosa and Baseline should be allowed to remain. Commissioner Tolstoy stated that the parking of recreational vehicles as close to the person that owns it as possible is a good idea. He agrees that recrea- tional vehicle storage lots should be allowed within the residential and agri- cultural zones subject to a Conditional Use Permit. Commissioner Dahl stated he would also agree that this use needs to be developed as close as possible to those that have recreational vehicles. This does not have to detract from the beauty of the city if planned well. A Nation was made by Comm issioner Dahl, and seconded by Commissioner Tul.stov to direct staff to draft an ordinance allowing recreational vehicle storage lots within the residential and agricultural zones subject to Conditional use Permit and include it in the new zoning ordinance. AYES: DAKL, D7LSTOY. JONES, C,:RCr,\, RCIFEL NOES: NONE ABSENT: NONE R R R * R Planning Commission Minutes ('-4- May 21, 1979 / i� COMMUNITY ADVISORY COMMITTEE AGENDA • Library Conference Room 9191 Baseline Road .Play 17, 1979 - 6:30 p.m. 1. CALL TO ORDER 2. APPROVAL OF MINUTES: April 19, 1979 3. STAFF REPORTS A. Report from Alta Loma Riding Club - Phil Benoit At the last .Advisory Committee meeting, several concerns were raised regarding the control of horses within the City. Mr. Phil Benoit, President of the Alta Loma Riding Club, will be present to make a short presentation and respond to questions from the Advisory Committee. B. Staff Proposals for City Landscape Maintenance Program Several Advisory Committee members at the last Advisory Committee meeting raised concerns about parkway maintenance • (lack of). City Engineer Lloyd Hubbs and Community Services Director Bill Holley will be present to discuss several Proposals to address this problem. C. Five Year Capital Improvement Program Lloyd Hubbs, City Engineer, will present alternatives for the est ment of a Storm Drain Improvement Priority Program. D. Referral from Plannin Commissipn Re ardin Location of Rental Storage lies or Recreational Vehicles in Residential Areas. Report by Jack Lam, Community Development Director. 4. NEW BUSINESS 5. ADJOURNMENT L E Advisory Committee Minutes -2- May 17, 1979 LA %T CAPE "AI)l TEW',CE Lloyd Hobbs and Bill Holley presented several alternatives PRO:- USALS: for the creation of landscape maintenance districts. In addition, Lloyd Hobbs, City Engineer, presented landscape district formation procedures. After considerable discussion, a motion was made by Sharon Romero, seconded by Mary Barlow and unanimously carried to approve alternative "plan 2" which would require the homeowner in maintenance district (1)* to share equally the cost of maintaining the entire district. ( *District number 1 would include all tracts in Rancho Cucamonga that have not yet left the control of the developer and remain as one ownership. This will help facilitate the formation process. John Vlasic stated that for other homes released from developer that community input for the formation of these districts would best come from the ballot. FIVE YEAR CAPITAL Lloyd Hobbs, City Engineer, presented a priority list of IMPROVEMENT storm drain projects for the Advisory Committees' consideration. PRO;RAM: 1. Storm drain master plan update 75,000 2. Day Creek - Etiwanda 25,000 3. Carnelian Channel 500,000 4. Beryl (Red Hill) 1,600,000 5. 19th Street storm drain 500,000 6. Baseline storm drain 1,000,000 7. 8th Street storm drain 1,500,000 8. Hellman Avenue 2,500,000 9. Arrow Route storm drain 11000,000 10. Foothill - Turner storm drain 1,000,000 Michael Zinkin questioned if support would come from developers. Lloyd Hobbs stated that they would, and storm drain fees will provide partial support. Motion made by Chuck Buquet, seconded by T. Harrell Allen and unanimously carried to forward the priority list of storm drain projects to the City Council for their consideration. RENTAL_STORAGE SITES: Jack Lam oresentnd a referral from the Planning Commission re- garding location of rental storage sites for recreational vehicles in residential areas. Motion by Chock Buquet, seconded by Glenn Rankin to return referral to Planning Commission stating a reaffirmation in the existing ordinance covering rental storage sites. /co 0 u i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 19, 1983 TO: City Council FROM: Lauren M. Wasserman City Manager �I�'`''' SUBJECT: Sheriff's Contract for Fiscal Year 1983 -84 Ct1CAA4%0 -n 9 N 4 h 1977 � It is recommended that the City Council approve the Sheriff's Contract for fiscal year 1983-84 in the amount of $2,548,243.00. This contract represents the cost revisions for the existing level of service as of July 1 of the current fiscal year. Any additional services provided by the Sheriff's Department during the current fiscal year will be handled through a contract amendment. RECOMMENDATION: it !.s recommended that the City Council approve the contract with the County of San Bernardino for law enforcement services for fiscal year 1983 -84 in the amount of $2,548,243.00. LMW:baa )P/ 'T:4E .<.GFECD;,S FOLLO':'�S: J:1rt uo of hrnd sheers, .Set forth S?nice to ho m/!dremn.:'no,m t to be paid, m,,q,er of pawnen 1, ti ^Y vice nr ra•; ^.l ;rrn, R ^N_,anlnation of sabsfxtor, pertornr),c, rd cads_, for termination, other Mn,' aad cm ' r'. '7,:nda!V^hpicns,sg^crficavons, and addenda, if aoy1 WHEREAS? City and County deaire to provide by contract • for performance of law enforcement services within the territorial boundaries of City, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. • County shall provide, through the Sheriff of San Bernardino County (hereinafter referred to as "Sheriff "), law enforcment within the corporate limits of. City as same now exist, or as such limits may be modified by annexation, or exclusion during the term of this agreement. II. The law 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; • ": SHERIFF: ,, DAP.D'.O,':TRACi 'FLOYD TIDWELL, SHERIFF.,. .2511 . ..:.:•; �401 ,--_ -- 9646 001 52,548,24; _ I� oam�•.�„ lP.ex_,Schedul •. cntcrld mto in the State of California by and bet,,een rho: Cou ^ly of San Bernardino, hereafter CITY OF RANCHO. CCCAIIGNGA hereai;er r:r: o,._CITY -- _ P. O. BOX 807 RANCHO CGCASIOSGA, CA 91730 'T:4E .<.GFECD;,S FOLLO':'�S: J:1rt uo of hrnd sheers, .Set forth S?nice to ho m/!dremn.:'no,m t to be paid, m,,q,er of pawnen 1, ti ^Y vice nr ra•; ^.l ;rrn, R ^N_,anlnation of sabsfxtor, pertornr),c, rd cads_, for termination, other Mn,' aad cm ' r'. '7,:nda!V^hpicns,sg^crficavons, and addenda, if aoy1 WHEREAS? City and County deaire to provide by contract • for performance of law enforcement services within the territorial boundaries of City, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. • County shall provide, through the Sheriff of San Bernardino County (hereinafter referred to as "Sheriff "), law enforcment within the corporate limits of. City as same now exist, or as such limits may be modified by annexation, or exclusion during the term of this agreement. II. The law 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; Page Two I C. Police protection of the type customarily provided by 2 Sheriff within the unincorporated territory of the County; 3 D. Traffic enforcement, with the exception of sue 4 traffic enforcement as may be provided by the California 5 Highway Patrol on the freeway traversing City; 6 E. All detective, juvenile, and other specialized 7 services provided by Sheriff in the unincorporated area of E County such as arson, homicide, and narcotics enforcement; .9 I F. Attendance at meetings of the City Council of City Io and such other meetings of commissions or boards of City as 11 City may specify; 12 G. Jail facilities and services except for violations of 13 City ordinances which will be billed to the City; 14 H. All other law enforcement services of the type 15 customarily provided by Sheriff within the unincorporated area 16 of the County. 17 III. 18 Services to be provided by County shall include Sheriff's 19 personnel and automobiles as specified in Schedule "A" for law 20 enforcement services. Those personnel and automobiles are to 21 be assigned at the discretion of the Sheriff based on the needs 22 of the community. 23 The services to be provided by County hereunder shall 24 also include all equipment (including repairs thereto or 25 depreciation thereon), supplies, communications, administra- 26 tion, labor. vacation and sick leave, any County retirement 27 contributions, gasoline, oil, and traveling expenses and ao 28 other services, obligations or exp^nd i tunes nec131u : 0 , i n • Page Three 1 incidental to the performance of the duties to be performed by • 2 Sheriff under the terms of this agreement. Notwithstanding the 3 foregoing, in all instances where special supplies, stationery, 4 notices, forms and the like are to be issued in the name of 5 City and approved by the Sheriff, the same shall be supplied by 6 City at its own cost and expense. 7 IV. 8 In consideration for County's furnishing and performance • 9 of all the services provided for herein, City shall pay to 10 County, upon contract approval, the sum as per Schedule "A ", 11 attached per year, payable in twelve equal monthly installments 12 at the beginning of each calendar month during the period of 13 this agreement. 14 First payment shall be due on July 15, 1983, the • 1.', remaining eleven payments shall be duc nri)r to the fifth day 16 of each month. Said sum is subject to adjustment for any 17 salary increases or fringe benefits which may be granted by th•: 18 Board of Supervisors to Sheriff's employees. The actual cost 19 of overtime, court appearances, and travel expenses incurred 20 between July 1 and June 30 will be billed quarterly. 21 County shall have the right to renegotiate the rate-for 22 maintenance and fuel quarterly and for services performed under 23 this agreement at the end of each fiscal year, and said 24 rate may be adjusted upward or downward to reflect the actual 25 cost. 26 27 28 103 gc Four 1 City is responsible for the validity of its ordinances, 2 including any ordinances or codes incorporated by reference 4 3 City's ordinances, and City shall defend, hold harmless, and 4 indemnify County, its officers and employees with respect to 5 any lawsuit or action challenging the validity of a City 6 ordinance or with respect to any allegation that any arrest, 7 citation, or other action taken by.County or its officers or S employees was taken under an invalid City ordinance, except '9 in those cases where the invalidity of such ordinance is the 10 result of actions by the Sheriff's Departmznt. 11 Otherwise than is stated in this agreement, City shall 12 not be obliged to pay, and assumes no liability for any cost, 13 I expenditure, charge, or liability whatsoever incurred by County 14 in or related to the performance of the provisions of thi 15 agreement by County, and County shall, in consideration for thO 16 rav-ent of the sums herein above provided to be paid to City, 17 ',013 City harmless from any and all such other costs, 18 expenditures, charges, or liabilities except as otherwise 19 provided in this agreement. City shall not be liable. for 20 compensation or indemnity to any County employee for injury or 21 sickness arising out of his employment while engaged in the 22 performance of this agreement by County. 23 City shall hold County harmless for a reduction in law 24 I enforcement services resulting from labor relations actions 25 I and City's obligation to pay County shall be reduced for 26 services nut performed for that reason. 27 • 2S I1,U a Five • 1 V. 2 The term of this contract shall be a period of time 3 commencing at July 1, 1983, and terminating only as hereafter 4 provided. This agreement may be terminated at any time with or 5 without cause by City or by County upon written notice given to 6 the other at least ninety (90) days before the date specified 7 for such termination. Any such termination date shall coincide 8 with the end of a calendar month. In the event of such termin- 9 ation, each party shall fully pay and discharge all obligations 10 in favor of the other accruing prior to the date of such termin- 11 ation and each party shall be released from all obligations or 12 p,r,ormance which would otherwise accrue subsequent to the 13 date of such termination. In the event of termination of this • 14 I aoreu_.ent, the County shall refund any sum previously paid by 15 C which. when prorated represents advance payment for months 16 ICI of service which are not performed as a result of such 17I termination. Neither party shall incur any liability to the 18 other by reason of such termination. 19 Any and all notices required to be given hereunder shall 20 Le given in writing by registered or certified mail, pos"aJe 21 prepaid. The addresses of the parties hereto until further 22 notice are as follows: 23 � CITY! Mayor 24 City of Rancho Cucamonga post Office Box 807 25 City of Rancho Cucamonga 91730 26 COUNTY: Board of Supervisors County Civic Building - West I 27 175 !..!st F.fth straet San uernardino, CA 92401 23 )v4 I Page Six I VI. 2 The standards of erformancc the methods of p , performance 3 the discipline of officers, the control of personnel, the 4 advancement in compensation of personnel, the determination of 5 proper law enforcement practices and procedures, and all other 6 matter's .rcfdental to the manner of performance of services by 7 Sheriff hereunder shall be determined by Sheriff in his sole 8 discretion. The responsibility of Sheriff and of County to 9 City hereunder shall be to provide, as an independent 10 I contracting agency, effective law enforcement of the level 11 herein contracted for, and the City shall not have the right to 12 determine or direct the manner o r means of the performance. 13 V11. 14 All persons directly or indirectly employed by County i� 15 the performance of the services and functions to be provided to 16 City hereunder, shall be employees of County, and no County 17 employees shall have City pension, civil service, or other 18 status or right.. Notwithstanding the foregoing, and in order 19 to give official status to the performance of duties by 20 Sheriff's personnel hereunder, every Sheriff's officer or 21 I employee engaged in performing any such service or function 22 shall be deemed to be an officer of City while performing 23 service for. City within the scope of this agreement, end such 24 service or function shall be a municipal function. 25 An arrest made by Sheriff's personnel while engaged in 26 the performance of this agreement shall constitute an arrest by 27 an officer employed by City, and not an arrest by Counts 28 �U� ' I Page Seven I officer, within the meaning of Section 1463 of the Penal Code • 2 and any similar or related statute. 3 VIII. 4 City shall have the right at any time and from time to 5 time during the term of this agreement to ,request a higher 6 level of law enforcement than that herein contracted for, and 7 within a reasonable time after such requests, County shall 8 provide such additional personnel and vehicles as may be 9 required to provide such additional law enforcement. 10 In such event, all provisions of this agreement with 11 respect to compensation to be paid by City shall remain in full 12 force and effect, but in addition to payment of the sums herein 13 provided, City shall pay County in monthly installments the • 14 cost of such additional law enforcement service. is IX. 16 In the event of riot, civil commotion, or other emergency 17 in the City which requires additional emergency or "back-up- 18 service, County shall provide the same. 19 In the event of authorized public gatherings in tr,o city 20 requiring additional police services, salaries and related 21 costs shall be borne by City, except where such authorized 22 public gatherings occur on State or Federal property within 23 the City limits, such additional costs shall not be 24 chargeable against the City. 25 Not included In riots or related services are salaries or 26 related costs of additional police services for authorized 27 public gatherings. In the event of such an emergency outside 28 /07 Page Eight 1 of the corporate limits of City, personnel or equipment 2 assigned by Sheriff to the performance of County's dutii 3 hereunder, may be utilized by County in connection with such 4 emergency, and the City shall be reimbursed for any resultant 5 service not performed. 6 X. 7 To facilitate the performance,of services hereunder by 8 County, City; its officers, agents, and employees shall give 9 their full cooperation and assistance within the scope of the 10 duties and responsibilities of such officers, agents, and 11 I employees. 12 City shall hold County, its Sheriff, officers, and 13 employees harmless from any and all liability for 14 intentional acts or negligence on the part of City, its 15 officers and employees (excluding any employees of Couc'_y • 16 engaged in the performance of municipal duties hereunder) 17 arising out of the performance of this contract. 18 19 X1. 20 Sheriff shall be designated as the Chief of Police of 21 City at all times during the term of this agreement. 22 Said Sheriff shall appoint a deputy or officer assigned 23 to work directly with and provide liaison with the City 24 Manager and other City officers of the City. The Sheriff's 25 f Deputy shall make regular monthly reports to the City 26 1 Manager, and sur.h other reports as may be eyproprizte as 27 determined by the Sheriff, with respect to law enforcement • 28 IIII� 'within the corporate limits of City. 161?- Page Nine • X11 This agreement replaces the prior agreement between the parties which prior agreement shall terminate upon the effective date of this agreement. FAL AT' By Dated T, de Aouress r. Schedule "A" Rates Law Enforcement Contract City of Rancho Cucamonga FY 1983 -84 • Service 5 - 168 Hour General Law Patrol Units 1 - 112 Hour General Law Patrol Unit 2 - 80 flour Traffic Patrol Units 2 - 40 flour Traffic Patrol Units 1 - 56 Hour General Law Patrol Unit 1 - 40 Hour General Law Patrol Unit 5 - 40 Hour Detective Units Sergeant's Marked Unit Captain and Car Secretary II Radio Dispatchers (3) Safety Unit Extra Help Senior Deputy Differential Travel Expense County Direct Costs Total Fixed Contract Cost County Direct Cost Includes: Personnel liability insurance fee Personnel bonding fee Monthly Payment Schedule 1st Payment Due July 15th $212,360 2nd through 12th Payment $212,353 Due 5th of Each Month ADDTTIW!AL CHARGES BILLED QUARTERLY: Proposed FY 1983 -84 Cost* $1,285,120 ** 185,597 ** 252,586 ** 128,528 ** 88,136 ** 64,264 ** 339,040 ** 5,900 ** 62,614 ** 22,630 61,719 10,358 10,695 4,000 27,056 $2,548,243 Overti;w: Overtime and court appearances estimate for FY 83 -84 is $102,040. Actual cost will be billed quarterly. Maintenance: Estimated maintenance cost based on 023,500 miles @ 7; per mile is $57,645. Actual cost will be billed quarterly. *Proposed subject to change due to Memorandum of Understanding changes. * *Less Fuel and Maintenance (RCSCDA) 9 -28 -83 1/d 0 11 CITY OF RANCHO CUCAMONGA MEMORANDUM?p y c Date: October 14, 1983 " F Z To: City Council and City Hanager A, _ ;> From: Bill Holley, Director, Community Services Department Subject: Agenda Item 6-C, October 19, 1983: Establishment of Guidelines for Community Center Rental The rental by municipalities of City owned community centers is a common practice. This is done for several reasons including: defraying operational cost incurred with facility use; revenue generation; and, making facilities available for private /commercial /church group use. Facility rental philosophies vary from one setting to another as do the rental rates, conditions and stipulations. For a locally based example of this variation, see Table 1, attached. As the fees vary, so varies the methods of determining how much they are to be. Some fees include staffing and utilities ... some staffing only. some include administrative processing and facility depreciation. Some set fees uy • a 'market survey' of commercial facilities for rent. Another variable is how groups are classified. Probably the most coma my used classifications would look like this: Category I - City Sponsored Progrars or Other Governmental Programs. (This category would include Council and Commission meetings; City sponsored recreation claaaesr Elections, Disaster Relief Centers; Public Health Clinics; etc.) Category II - City Co- Sponsored Proqrams • Co- Sponsored implies joint responsibility for the planning and promotion of an activity or event; • The City must be identified as a co- sponsor on all Promotional material of the event or activity; • All fees collected by the co- Sponsored activity will be turned over to the City. Those non - profit co- sponsored organizations which provide for the financial support of the co- sponsored activity may be permitted to retain the fees from their fund raising activities connected with the co- sponsored activity. In the instance where the co- sponsored organization retains the funds, an annual financial statement, concerning the co- spllsnred event, may be requested by the city. continued ... Page 2 memo 10/14/83 re: Facility Rental (This category would include groups like PARC, who did the Summer • Concerts; The VIP Club; etc. This group is actually the smallest in number of groups within the four categories.) Category III - Non - Profit Community Group Programs • Non - Profit Community activities are those activities conducted by organizations using City facilities under a use agreement. • Progra,ns in this category are the total responsibility of the non - profit group conducting the program or event. • All fees collected by the non - profit Community Group will remain with the Group. (This category would include 'certified' non - profit groups like AYSO, Little Leagues, Alta Loma Riding Club, Girl Scouts, etc.) Category IV - private Group Use/Commercial o Private use would cover closed to the public group functions, such as receptions, anniversary parties, churches, private banquets, business presentations, seminars, etc. Currently, the City provides use free of charge to Categories I, II and I11. Category IV uses are not permitted at this time in Rancho Cucamonna. • And d last item to consider is the alcoholic beverage policy ... permitted or nct permitted? Some jurisdictions do and some don't as Table I illustrates. With the background of the issue now covered, where does that leave us? Several decisions need to be made by Council. Ito we, as a City, begin rentiny Lhe Community Centers for the reasons described in the opening paragraph? Staff Recommendation: Yes. If yes, do we employ a sliding scale of rental rates based on group classification? Staff Recommendation: Yes, employing a system as described earlier in this report. Should alcohol he permitted? Staff Recommendation: It would he our recommendation not to permit alcohol initially, but consider it down the line As facility rental becomes 'routine' and accepted. However, if it is Council's wish to have this as a permitted activity, it would require a change to the Municipal Code, Chapter 4.010 A, which prohibits the possession or consumption of alcoholic beverages within • City owned recreation facilities. continued ... Page 3 memo 10/14/83 re: Facility Rental These are the basic "policy" questions which need to be addressed. From here it gets into more detail. It would be suggested that the daily administration and setting of specific rental fees be delegated to the Community Services Department, in much the same manner as specific Park Dedication Requirement determinations are delegated. To the heart of it all ... who pays and how much? First of all, We have nine total meeting rooms available at the two community centers. Each of those nine are different sizes except for Gallery East and West at Lions. If you charged per square foot, you will end up with eight different rates. This is too complicated and therefore not desirable. This should be simplified into either renting a small room (six available) or a large room (three available) at one of the centers. When you figure lighting, air Conditioning operation, air conditioning maintenance, janitorial services, 3tc. but without depreciation, you get a range of $3.50 to $4.75 per hour to operate a large room, and a range of $2.10 to $2.60 per hour for a small room. Add to this, the coat of 'out of hears' building supervision. What is meant • by this is, that the facilities are 'normally' staffed from 0:00 a.m. until 5:00 p.m., Monday through Friday to conduct business whether any groups are 'booked' in or not. If a group 'books in' at a time outside of this 'normal' staffing, special coverage must be provi,:z- t:. open and close the building, assist and direct users, and be present to protect our interests, both physical and legal. (The days of checking out keys to community centers have long since past . our liability and exposure will no longer allow that practice). The classification assigned to out of hours coverage is that of a Recreation Assistant, the entry level part -time recreation position, with a per hour pay range of $3.74 to $4.57. To then simplify the numbers, I Would suggest "rounding" large room rental to $4,75 per hour Ma0 plus $4.57 for staff coverage, totalling (9.32 or ... say $10.00 per hour. Same principle for small rooms ... $2.60 plus $4,57 ... total $7.17 ... say $7.50 per hour for a small room. I would then auggest that a fee matrix like the following be utilized. Category I Category II Normal Hours Large Room Small Room $ 0.00 $ 0.00 $ 0.00 Category III $ 5.00 Category IV $25.00 El S 0.00 $ 3.75 $15.00 continued ... it 3 Out of Hours Use Large Room Small Room $ 0.00 $ 0.00 $ 5.00 S 3.75 $10.00 $ 7.50 $35.00 $25.00 Page 4 memo 10/14/83 re: Facility Rental What kind of problems will this create with AYSO or the Little Leagues, since • they are Category III groups? we have a rather 'unorthodox' solution to a potential problem. Grant each of the youth sports organizations and RSA or GSA Troops one or two "free" meetings a month for their general organization. (This is about how often they meet as a general group.) If an individual team of 6 players wish to meet, they would be charged. What this will do is preclude one youth sports team from requesting a room twice a week for 3 months for 'chalk talks' which could as easily he held in a garage or a living room. Bottom line is this, while the 'general' guidelines of facility rental and use can be spelled out as per a resolution, common sense judgment will still play the major role in the program. The resolution authorizing rental procedures should therefore be flexible and have 'elastic clauses' such as found in Sections 3 and 5 of the attached Sample Resolution. Council Ootions 1. Adopt Sample Resolution and give staff direction to begin implementation of Category IV rentals on January 1, 1984 and Category II and III rentals on July 1, 1984; 2. Not adopt Sample Resolution and give staff direction regarding facility rental. Staff Recommendation • Option I. BB /mw 1 I LI , • 0 • • Neighborhing Cities Rental Schedule TABLE 1 �� 1 JK- PROFIT VRIVATE Oxl1EPCSA PARTIES/ ALCOHOL SEAN NG NON- S J c: /SCNLOL, fEE RECEPTIONS DEPOSIT RESIDENT RESIDENT FEES $13 00 $40.00 $25.00 450/6 h[ /Fri Yet .$100 Yes <LSR E!tCT % Par hwr per hwr per hwr 550/6 hr /Sat $100 $10.00 ryo 100 /6 hr /Sun Fee ryo $20 /lm $ O /fee io,HOa '•,C:.TtLUn % Chary. $4.61/ $4.61 $125.00 td/50-7! $100 No No M(su[[1 hr lat.ff) sole $]0 /ree $10 /fee $10 /(ea 55.00 + $5 1hr. + $5 /hr. • $5 /ho No $100 NO No hour l9 ta:[1 lata f (staff) $10 -$23 310 42S M. $100 No No ro'!O::A g e" h.15 par hour Far h.0 per hour per hou[ per bout i15 /1"t $125 /1st flt5 /1st $125 l.t I.. $10/ hou[ $25 hour $25 hour $25 Yea $100 Yea 51% 1. ery hr. erY hr. a,ery hr. every hr, alter after after fl.f $10.00 $125 /1 1ISO /1 $125/1 H. $100 Yea No per hwr hours hours hour. $10.00 TABLE 1 �� 1 • RESOLUTION NO. 4p - 1G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE COLLECTION OF FEES AND CHARGES FOR THE USE OF CITY RECREATION FACILITIES. r 1 U WHEREAS, the City Council of the City of Rancho Cucamonga, California, wishes to foster a system of Community Services that are as financially self reliant as possible; and WHEREAS, Community Services includes providing community meeting facilities, and the cost of providing those community meeting facilities can be offset in part through user fees and charges; BE IT THEREFORE RESOLVED by the City Council of the City of Rancho Cucamonga, California as follows: 1. There is hereby established a policy that fees and charges for City owned and /or operated facilities will be assessed based on user classification. 2. User classification will be defined as follows: Category I - City Sponsored Programs or Other Governmental Programs Category II - City Co- Sponsored Programs A. Co- sponsorship will be by written agreement between the City and the organizations. B. Co- Sponsorship implies joint responsibility for the planning and promotion of an activity or event; C. The City must be identified as a co- sponsor on all promotional material of the event or activity; D. All fees collected by the co- sponsored activity will be turned over to the City. Those non - profit co- sponsored organizations which provide for the financial support of the co- sponsored activity may be permitted to retain the fees from their fund raising activities connected with the co- sponsored activity. In the instance where the co- HponAored organization retains the funds, an annual financial statement, concerning the co- sponsored event, will be filed with the City. 06, Category III - Non - Profit Community Group Programs . A. Non - Profit Community activities are those activities conducted by organizations using City facilities under a use agreement and in which the non - profit ornanization has been created to provide a specific service to benefit the community. B. Programs in this category are the total responsibility of the non - profit group conducting the program or event. C. All fees collected by the non - profit Community Group will remain with the Group. Category ?V - Private Group Use /Commercial A. Private use would cover closed to the public group functions, such as receptions, anniversary - y ;tics, chruch activities, banquets, business presentations, seminars, etc. AYES: NOES: ASSENT: 3. Use of Facilities will he authorized only if they provide a positive public service, and are not in conflict with ongoing City sponsored programs or City policy. 4. User fees will be deposit ±d into the Recreation Services Enterprise Fund, which shall defray cost connected with facility use of applicant. 5. The administration of recreation facility usage, establishment of • user fees and charges, collection of such fees and charges will he the responsibility of the Community Service Department. PASSF.D, APPROVED and A.1 7, this of , 1983. Mayor ATTEST: • City Clerk H7 41, 3 A.e • BARMAKIAN October 6, 1983 Lauren Wasserman, City Clerk City of Rancho Cucamonga 9340 Baseline Road Rancho Cucamonga, CA 91730 Dear Lauren, This letter is to request a spot on the council meeting of the 19th of October. I would like to address the council as to the school • impaction problem and suggest one method that may be a temporary solution to this problem. I believe that I will need only 5 minutes for my presentation. Thank you for your assistance in this metter. Sincerely, ANDREW BARMAKIAN President AB /np Is .. I . i � ,1111;[ • 4_,. �u i i , I�� CLC \.1IOIC 7 I� � r 1977 CITY OF RANCHO CUCAMONGA CITIZEN'S APPLICATION TO SERVE ON: Parks and hecreatlon Advisory Cnmaittee NAME Cary L. Stevens �4�� • E CITY OF RANCHO CUCAMONGA �Z 1977 CITIZEN'S APPLICATION TO SERVE ON: ,r, C� N /i1 7- CJ c. Pf/tiT OYfI('F: HIlY fl07 � N,1 \'(' 11111'1'1'. \)IILHiA. 1',11JFIIh.':1, \91 ;.io � 171119fl9�1 N31 CITY OF RANCHO CUCAMONGA 4k,: > 1977 CITIZEN'S APPLICATION TO SERVE ON:'- a) y NAME_1 • kbl. CITY OF RANCHO CUCAMONGA rao xr.. Jon O. Mihe6 C(ry OF RANCHO p III,= <- - ADMINISTRCTION CBn e'tn J. Raq Jl Jawn C. F.t IY, Rkhud M. P.M Phillip D. SeAlaaar SEP 06 y�•� AN !SjBl�llliail '��.�3V�IJ S 8 CITIZEN'S APPLICATION TO SERVE ON �'a1:C Cor..ci. sic: NAME U11 E. 3:.uars JAS is CITY OF RANCHO CUCAMONGA ���= uw Jon IJ. 3likeln f C x xxilwYn L Chnlen J. Ruquel 11 Jana, C. Fina( - -- - — - Richard 51. Dahl Phillip 1). Fchl., c ,�J i CITIZEN'S APPLICATION TO SERVE ON C': aNlo CITY OF RANCHO CUCAMONGA .� ��� . = ti .wy..lon II. Nikeln z t....e..,,w.. G = C Charles J. Ru9urt 11 James ('. F.t _ - =— - -- -= Richard N. Dahl Phillip 11. schlo'%er im, 9320 BASELINE ROAD, SUITE C • POST OFF4I, R(I %907 • RANCHO I'I'CA3IONRA, CALIFORNIA 9030 • (711)999-19,51 GiGAIp CITY OF RANCHO CUCAMONGA � r.e., Jnn Il. SlikeL Chadee J. Ruquel II Jame. (. Finat _— Jq__ — Rieh.rd 51. 14hl Phillip I). Schl.. ' CITIZEN'S APPLICATION TO SERVE ON ' -'C K f J7ua 0n 1:0. 83 -182 Hourly Bi =Suok I , Nun t!;1 Ran 1 10, 1 r I X No ni 10, R It, Rat, R.-I-t - R 1:, 46 . 20.907 1600.615 340-, 522. 26 .361 21/•33 ".9730 46, 463. 2r, I 1 1 1608.923 34136 523. 26.994: 2159 . 5 3", 467 466. 20.'09 1616. 769 35() 1 524. 2 7 . 126 ') 2179.::38 47, 1165. 20. 11 3 16]5.076 3521 525. 27.265.7 2W I . 2 11 'i 4 7: ,166. 20. '.11 1632.923 3538 52G. 27.4034 2192.361/7 47,r, 461. 20.315 16 , 1. 2 31 3556 527. 27.5421, 2203.:8'•x, 47 7 46;1. 20.,, L9 1649.535 3574 528. 27.680- 22 V. . 4 0 15 471: 1169. 20.7_'3 1657.&56 3592 529. 27.8192 22'_5.5385 4822 470. 20. 1666.153 3610 530, 27.9577 " 2236.6154 484.1 471. 20.931 1674.462 3628 531. 28.0962 2247.6923 487i 477. 21.035 1652.769 3646 532 28.2346 2258.7692 485'. 473. 21.135 1691.076 3664 533 28.3731 2269.8462 49;,8 474. 21,242 1699.380 3682 534 28,5173 2281.3846 4943 475. 21.351 1708,153 3701 535 28.6615 2292.9231 491, 476. 21.1.55 1716.461 3719 536 28.8053 2304.4615 4993 477, 21.565 1715.231 3738 537 28.9500 2316.0000 501: 473. 21.669 1733.533 3756 538 29.0942 2327.5385 50=3 470- 21,718 1742.307 3775 539 29.2385 2339.0759 5056 480, 21'588 1751.076 3794 540 29.3827 2350.6134 509, 481. 21.993 1759.846 3913 541 29.5269 2362.1538 5118 482, 22.1077 1768,6154 3832 542 29.6769 2374.1538 5144 483. 22.2173 1777,3846 3851 543 29.8269 2386.1538 5170 484. 22.3269 1786.1538 3870 544 29.9769 2398.1538 51915 455. 22,4365 1794.9231 3839 5115 30.1269 2410.1538 5222 486. 22.5462 1503.6923 3903 546 30.2769 2422.1538 5248 4S7. 22.6615 1812.9231 3928 547 30.4269 2434.1538 5274 483. 22.7769 1822.1538 3948 548 30,5769 2446.1538 53CC 489. 22,8923 1831.3346 3968 549 30.7269 2458,1538 532- 490. 23.007 18.'0.6154 3988 550 30.8827 2470,6154 5351 491. 23.1'31 1849.8462 4008 551 31,0335 2483.0769 533� 492. 23.2305 1859.0769 4023 552 31.1942 2495.5385 5407 493. 23.3535 1863.3077 4048 553 31.3500 2508.0000 543-' 494. 23-592 1877.5385 4063 495. 23.7355 1979.0769 4088 4960 23,700 1696.000 4103 497. 23.315 1905,23 4128 498. 23.9365 1914.9231 4149 499. 24.057 1924.620 4170 500. 24.173 7934.307 4191 50- 24.100 1944.00 4212 502. 24.4212 1953.6923 4233 503. 24.5423 1968,3846 4254 1 5�'. 24,66,33 1973.0769 4275 503. 24.7846 1983.7692 4296 50J. 24.9053 1992.4615 4317 507. 25.032 2002.615 4339 503. 25,13^,6 2012.769 4361 509. 25.2863 2022.923 4383 510. 25-115 20,13.0769 4405 511. 25.5404 2043., 4417 512. 25.609 2048.769 4439 5110 25.7]6 20SR.923 4461 515. 25.°(,3 7069.076 4483 513, 25 .1,11 1 2079.230 4505 516, 2(; . 1 3 1 20:x.9. 84 6 452;1 517. 26,19'1 2095.846 4541 513, 26.331 2 L06 1 4(, 1 4564 511). 26.463 2117.076 4537 520. 26. 21-'7,692 4610 521. 70.71;, 2133,307 4633 Resolution So. 83 -182 Page 7 Ran ;o Hourly 8i =:rek lv Monthly Rama Iluurly Bi -S:u ck ly Monthly Ra to v t5-_ %..... .r Rat" R., c..• Rtt_ 3,2. 10.9962 879,69 23 1911G 402. 14.8327 1194./•15 2;71 341. 11.0371 88,.30%7 1916 403, 14.9077 11')3.515 255'. 3.1 .:, 11.103.1 883.4613 19:!'i 404. 14.')82' 11 1) 155 23'17 34,, 11.11, 15 893.07611 1935 405. 15.0577 121,•,.513 2110 3:,,., 11.2212 897.6923 1745 406. 15.1327 1210.5154 2623 347. 11.'731 901.846, 1956 407. 15.207 1216,515 2636 346. 11.330:; 906.4615 1964 408, 15.2827 1222.11 17 26.9 340. 11.3895 911.0769 1974 409, 15.3635 1229.0769 2653 350. 11.',41,2 915.6923 1934 410. 15.4385 1235.0769 2f. -6 351. 11.503,1 920.3077 1991, 411. 15.513 1241,0769 2639 352, 11.5615 924.9231 2004 412. 15.588 1247.076 2702 353. 11.6192 929.5385 2014 413. 15.669 1253.538 2716 354. 11.6769 934.1538 2024 414. 15.75 1260.00 2730 355. 11.7346 938.7692 2034 415. 15.831 1266.461 2744 356. 11.7923 943.3846 2044 416. 15.906 1272.461 2757 357. 11.3500 948.000 2054 417. 15.9865 1276.923 2771 35S. 11.9135 953.0769 2065 418. 16.067 1285.3846 2735 359. 11.9712 957.6923 2075 419. 16.148 1291.846 2799 360. 12.0^^ -33 962.3077 2085 420. 16.228 1299.308 2813 361. 12.0923 967.3846 2096 421. 16.3096 1304.769 2827 362. 12.1500 972.000 2106 422. 16.3904 1311.2308 28}1 363. 12.2135 977.0769 2117 423. 16.4712 1317.6923 2855 364. 12.271' 981.6923 2127 424. 16.5577 1324.6154 2870 365. 12.3346 986.7692 2138 425. 16.6385 1331.0769 2884 366. 12.3923 991.3846 2148 426. 16.7192 1337.5385 289S 367. 12.4553 996.4615 2159 427. 16.8058 1344,4615 2913 368. 12.5192 1001.5385 2170 428. 16.8865 1350.9231 2927 369. 12.5,SM 1006.6154 2181 429. 16.9731 1357.8462 2932 370. 1^_.6,67 1011.6923 2192 430. 17.0596 1364.7692 2957 371. 12.7095 1016.7692 2203 431. 17.1404 1371.2308 2971 372, 12.7731 1021.8462 2214 432, 17.2269 1378,1538 2956 373. 11. S3,55 1026.9231 2225 433. 17.3135 1385.0769 3001 374. 12.9000 1032.000 2236 434. 17.4000 1392.0000 30.6 375. 12.9535 1037.0769 2247 435. 17.4865 1398.9231 3031 376. 13.03:7 1042.6154 2259 436. 17.5788 1406.3077 3047 377, 13.0962 1047.6923 2270 437. 17.6654 1413.2308 3062 373. 13.159,5 1052.7692 2281 438. 17.7519 1420.1538 3077 379. 13.3 ^_39 1058.3077 2293 439. 17.8335 1427.0769 3092 350. 13.2923 1063.3846 2304 440. 17.9308 1434. +615 311,8 351. 13.361'5- 1068,9231 231E 441. 18.0173 1441.3846 31 23 382. 13.4 °30 1074.000 2327 442. 18.1096 1448.7692 3139 383. 13.:942 1079.5385 2339 443. 18.2019 1456.1538 3155 334. 13.5435 1085.0769 2351 444. 18.2942 1463.5365 3171 385. 13.6269 1090.1538 2362 445. 18.3803 1470.4615 3186 386. 13,6952 1095.6923 2374 446. 18.4731 1477.8462 3202 387. 13.7654 1101.2308 2386 447. 18.5654 1485.2308 3218 383. 13.8345 1106.7692 2398 448. 18.6577 1492.6154 3234 389. 13,903: 1112.3077 2410 449. 18.7558 1500.4615 3251 390. 13.9731 1117,8462 2422 450. 18.8481 1507.8462 3267 391_ 14.04:3 1123.3846 2434 451. 18.9404 1515.2308 32S3 39 ?. 14.1115 11 25.92 3i 2446 452. 19.03y5 1523.0769 3300 393, Ill. 1301 1134.4675 2459 453. 19.131 1530.561 3316 3'1'•. 14.255.1 11!- 0.!,615 2'•71 45�, 19.3.9 1535.3077 3333 39;. 14.32A 1146,000 2483 455. 19,320 1545.692 33..9 396. 14.401) 1152.000 2496 456. 19.419 1558.538 3356 397. 14.549 1157,538 2508 457. 19.5173 1561.331.6 3333 398. 14.5'.42 1163.5385 2521 458. 19.615 1569.2308 3400 399. 14.613; 1169.07G9 2533 459. 19.713 1577.076 3417 400. 16.6 v35 1175.0769 2546 460. 19.811 1584.923 343: 401. 14.7635 1181_0769 2559 461. 19.9096 1592.769 3451 S aonSo. 83 -162 Page 6 Ranao 0nnrly 8i- :dankly .`In nth l7 Ram;e Hon rlv Si -::c cY. ly Mon ]S ly Nn n•r R It, Rao, R.Ih; Ninbor R..r., Rat,Ra'•� 6.Ot62 483.69 ^.3 1054 282. 8.1519 652.1534 1413 223. 6.0750 486.000 1053 283 8.1923 655.3846 14 2-1 2- . 6.1038 483. 3U;; 1018 284. 8.2327 658.r,154 14 27 - 21". 6.1395 491.0769 11164 285. 8.2788 662.3977 1433 6. 1,73 493. 384,. 10611 28, 8.317'_' 665.5385 14:2 2'7. 6,196_' 495.69'_3 1074 287. 8.3596 668.1692 14 -'I 2'S, 6. -303 498.4615 1030 288. 8..1.000 672.000 145'1 229, 6.'596 500.769? 1085 289. 8.4462 675.6923 1454 230, 6.2555 503.0769 1090 290. 8.4865 678.9231 1471 231. 6,3_'31 505.9462 1096 291. 8.5269 682.1538 1478 232. 6.3519 503.1538 1101 292. 8.5731 585. °462 1425 233. 6. 3,. ",65 510.9231 1107 293. 8.6135 689.0769 1493 234. 6.4154 513.2303 1112 294. 8.6538 692.3077 15 °.9 235. 6.4500 516.000 1118 295. 8.7000 696.000 1503 236. 6.4846 518.7692 1124 296. 8.7462 699.5921 1515 237, 6.5135 521.0769 1129 297. 8.7865 702.9231 1523 238. 6.5451 523.8462 1135 298. 6.8321 706.6154 153'_ 239. 6.5769 526.1538 1140 299. 8.8731 709.8462 1538 240. 6.6115 528.9231 1146 300. 8.9192 713.5385 1546 241. 6.6462 531.6923 1152 301, 8.9654 717.2308 1554 2!; 2. 6.6S03 534.4615 1158 302. 9.0115 720.9231 1562 243. 6.7096 536.7692 1163 303, 9.0519 724.1538 1569 244. 6.7442 539.5385 1169 304. 9.0981 727.8462 1577 245. 6.7788 542.3077 1175 305. 9.1442 731.5385 1585 246. 6.5135 545.0769 1181 306. 9.1904 735.2308 1593 247. 6.3481 547.8462 1187 307. 9.2365 738,9231 1601 248. 6.8827 550.6154 1193 308. 9.2827 742.6154 1609 249. 6.9173 553.3846 1199 309. 9.3288 746.3077 1617 25.0. 6.9319 556.1538 1205 310. 9.3750 750.000 1623 251. 6.9865 558.9231 1211 311. 9.4212 753.6923 1633 252. 7.0212 561.6923 1217 312. 9.4673 757.3846 1641 253. 7.0558 564.4615 1223 313. 9.5192 761.5385 1650 254. 7, OPn5 .;67,2308 1229 314. 9.5654 765.2308 1650 255. 7.1250 570.000 1235 315. 9.6115 768.9231 1656 256. 7.1596 572.7692 1241 316. 9.657? 772.6154 167Y 257. 7.2000 576.000 1248 317. 9.7096 776.7632 1693 258. 7.2346 578.7692 1254 318. 9.7558 780.4615 169_ 259. 7.2692 581.5385 1260 319, 9.7962 783.6923 1698 260. 7.3039 586,3077 1266 320. 9.8538 788.3077 1705 261. 7.3442 587.5385 1273 321. 9.9058 792.4615 1717 26'. 7.3738 590.3077 1279 322. 9.9519 796.1538 1725 263. 7.192 593.5385 1286 323. 10.0038 800.3077 1734 26., 7.4538 596.3017 1292 324. 10.0558 804.4615 1743 265. 7,4885 599.0769 1298 325. 10.1019 808.1539 1751 266. 7,5288 602.3077 1305 326. 10,1538 812.3017 1760 267. 7.5635 605.0769 1311 327. 10.2056 816.4615 1769 263. 7.6038 608.3077 1318 328. 10.2577 820.6154 1778 269. 7.6442 611.5385 1325 329, 10.3096 824.7692 1757 270. 7.61846 614.7692 1332 330. 10.3615 828.9231 1796 271. 7.7192 617.5385 1338 331. 10.4135 833.0769 1805 272'. 7.7596 620.7692 1345 332. 10.4654 837.2308 1814 273, 7.7942 623.5335 1351 333. 10.5173 841,39:6 1823 27'.. 7. °354 626.7692 135.4 334. 10.5692 845.5385 1532 275, 7,1{750 630.00'1 1345 335. 10.1212 849.6923 15.1 210• 7.91;,4 633.23u:1 137 33u. 10.6731 853.3562 1850 277, 7.750'; 636.000 1371 337. 10.7250 85S.000 1859 278. 7.9901 6;9.2303 1385 339. 10.7827 8622.6154 1869 279. 8,1)399 642.4615 1392 339, 10.8346 866,7692 18;8 •'710, 8.0712 645,6923 1399 340. 10.8865 870,9231 1857 ..,;. 8.1115 648.9231 1406 341. 10.9442 875,5385 1597 s 112. 3.4904 279.2308 605 172. 4.7135 377,0769 817 113. 3.5077 280.6154 609 173. 4.7365 378.9231 83 -182 114. 3.5250 232.000 611 174. 4.7596 380,7692 825 Ran;;o Hoa rly 8/- hcckly Month I Range Hourly 81- 8ttY.1y Monthly 116. Xaz� Ra C.- Rate Nunher Rate R.,tc Rat'. 102, 3.::11 265.8'.62 576 142, 4.1827 354.6154 777 101. 3.310" 267.!)08 579 161. 4.501.4 3(.n,44!3 78: 1111, 3.)i77 269.0151 505 161. 4.5229 362.1777 7R', 1n 5. 3,3750 270.onn 581 165, 4,5511) 364.151 789 lun. 3.1701 271, 1846 S9d 166. 4,569! 365.5:,15 79? 107, 3.10 hi 272.3077 590 167, 4.5923 361. 18th 796 10a, 3.421-' 273.6923 593 168. 4.6156 369.250:1 800 10 ". 3.439, 275.0769 596 169. 4.6385 371 .0 769 8U1 1113. 3.45M 274.8615 599 170. 4.6615 372.9231 80 11 L 3.5731 277.8462 602 171. 4.6846 374.7692 812 112. 3.4904 279.2308 605 172. 4.7135 377,0769 817 113. 3.5077 280.6154 609 173. 4.7365 378.9231 821 114. 3.5250 232.000 611 174. 4.7596 380,7692 825 115. 3.5403 283.3846 614 175. 4. ?827 382.6154 829 116. 3.5654 285.2308 618 176. 4.8058 384.4615 833 117. 3.5827 286.6154 621 177. 4.8288 386,3077 837 118. 3.6nn 288.000 624 178. 4.8519 388.1538 841 119. 3.6173 289.3846 627 179. 4.880E 390.4615 84C 120. 3.63411 290.7692 630 180. 4.9038 392.3077 850 121. 3.6519 292.1538 633 181. 4.9269 394.1538 854 122. 3.6692 293.5385 636 182. 4.9500 396.000 858 123. 3.6365 294,923 639 183. 4.9788 398.3077 863 124, 3.7096 296,7692 643 184. 5.0019 400.7538 867 125. 3.7269 298.1538 646 185. 5.0250 402.000 871 126. 3.7442 299.5385 649 186. 5.0538 404.3077 876 127. 3.7615 300.9231 652 187. 5.0769 406.1538 880 128. 3.7946 302.7692 656 188. 5.1000 408.000 884 129. 3.8019 304.1538 659 189. 5.1288 410.3077 889 130. 3.8192 305.5385 662 190. 5.1519 412.1538 893 131. 3.8423 307.3846 666 191• 5.1808 414.4615 898 132, 3.8596 308.7692 669 192. 5.2038 416.3077 902 133. 3.8769 310.1538 672 193. 5.2327 418.6154 907 134. 3.9000 312.000 676 194. 5.2558 420.4615 911 135. 3.9173 313.3846 679 195. 5.2846 422.7692 916 136. 3.9346 314.7692 682 196. 5.3077 424.6154 920 137. 3.9572 316.6154 686 197. 5.3365 426.9231 925 138. 3.97511 318.000 689 198. 5.3654 429.2308 930 139. 3.9981 319.8462 693 199, 5.3885 431.0769 934 140. 4.0154 321.2308 696 200. 5.4173 433.3846 939 141. 4.03S5 323.0769 700 201. 5.4462 435.6923 944 142. 4.0553 324.4615 703 202. 5.4692 437.5385 948 14). 4.0738 326.3077 707 203. 5.4981 439.3462 953 144, 4.0962 327.6923 710 204. 5.5269 442.1538 958 145. 4.1192 329.5385 714 205. 5.5558 444.4615 963 146. 4.1365 330,9231 717 206. 5.5788 446.3077 967 147. 4.15% 332.7692 721 20'.. 5.6077 448.6154 972 148. 4.1769 334.1538 724 208. 5.6365 450.9231 977 149. 4.2000 336.000 728 209. 5.6654 453.2088 982 150, 4.2231. 337.8462 732 210. 5.6942 455.5385 98; 151. 4.2404 339.2308 715 211. 5.7231 457.8462 99' 152. 4.2615 141.0769 739 212. 5.7519 460.1538 997 153. 4 .236 5 342,9231 743 213. 5.7805 462.4615 1002 155, 4.3018 344.3077 746 214. 5.8196 464,3546 1007 155. 4.3749 346.1538 750 215. 5.8385 467.0769 1012 156. 4. WY) 34. ^.,000 754 216. 5.8613 469.3546 1017 157. 4,37:1 349.8462 758 217. S. 89112 471.6923 1022 158, 4.3901 351.2308 761 218. 5.9250 474.000 1027 159. 4.4115 353.0769 765 219, 5.9538 476.3077 1032 160. 1611 4.4365 355,9231 767 220. 5.9827 479.6154 1037 4.4596 356.7692 771 221. 6,0173 481,3846 1043 PxnoluO lln ::u. 83 -182 SC:I! UCI.I, I -- sd L. \i Ci COW: 'r.%I;l1: PAY SCOI'i)I'I.I: I:: 110i'I:I.'i, 111- 1XITLe A::II MMININ AP!1, ":;l'° OSI', 1611.1• PICCI::rI fl:'rMT'': RX;CI'S MoNIIII.1' Nlt)l':;I:; IWI1Y01:M 'I'0 :o:m :s'r oou,., 1t Rain >• IL.nr l :• 137 -14w•k ly Mo'.01I • Rnnhc limirly Bi- tk,kl.: Monci:ly tyr_,,•r R.ir_ Racy Rn tom _ 8nmhrr Rg e RaCc R.o-- 1. 2.0073 160.615 348 2 2.01:'.' 161.538 350 52. 2.5904 207.230 449 3. 2.0250 162.000 351 53. 2.601 208.153 451 4. 2.0365 162.923 353 54. 2.613 209.076 453 5. 2.0481 163.846 355 55. 2.630 210.46 456 6. 2.0596 164.7692 357 56. 2.642 211.38- 458 7. 2.07!2 165.6923 359 57. 2.653 212.307 4607 S. 2.0769 166.1538 360 58. 2.665 213.230 462 9. 2.0885 167.0769 362 59. 2.682 214.6.'5 46; 10. 2.1000 168.000 _364 60. 2.696 215.538 467 11. 2.1115 168.9231 36t, 61. 2.7058 216.461 469 12, 2,1231 169.8462 368 62. 2.723 217.846 472 13. 2.1288 170.3077 369 63. 2.7340 218.269 474 14. 2.1404 171.2308 371 64. 2.7460 219.692 476 15. 2.1519 172.1538 373 65. 2.7630 221.076 479 16. 2.1635 173.0769 375 66. 2.7750 222.0000 487 17. 2.1750 174.00 377 67, 217920 223.3846 485 18. 2.1865 174.9231 379 68, 2.8030 224.307 485 19. 2.19:71 175.8462 381 69. 2.8210 225.692 489 20. 2.2096 176.7692 383 70. 2.8320 226.615 491 21. 2.2212 177.6923 385 71. 2.8440 227.538 493 22. 2.2769 178.153 386 72. 2,8615 228.9230 495 23. 2.2333 179.0769 388 73. 2.8730 229.8460 495 24, 2.250 180.000 390 74. 2.8900 231.2300 50'- 25. 2.261 180.9231 392 75. 2.9010 232.1530 503 26. 2.273 181.846 394 76. 2.9190 233.5380 50.7 27. 2.28 182.769 396 77. 2.9308 234.4615 50-- 28. 2.296 183.692 398 78. 2.9481 235.8462 511 29. 2.307 184.615 400 79. 2.9596 236.7692 513 30. 2.317 185.538 402 80. 2.9769 238.1538 51A 31. 2.3305 186.461 404 81. 2.9942 239.53:15 519 32. 2.3523 187.784 406 82. 3.0058 240.4615 521 33. 2.3535 188.307 408 83. 3.0231 241.8.62 524 U. 2.365 189.230 410 f4. 3.0346 242,7692 526 35. 2.37679 190.153 412 85. 3.0519 244,153 3 529 36. 2.388 191.076 414 86, 3.0692 245.5385 532 37. 2.400 192.000 416 87. 3.0808 246.4615 534 38, 2.417 193.3846 419 88. 3.0981 247,8462 537 89. 2.428 194.307 421 89. 3.1154 249,2308 540 40. 2.:50 195.231 423 90. 3.1269 250.1539 542 Al, 2.451 196.153 425 91. 3.1442 251.5385 545 42, 2.44;5 197.076 427 92. 3.1615 25'_.9231 54S 43. 2.47',0 193.1100 4,29 93. 3.1783 255,3077 551 44. 2 ' - - , 19a. 927 411 94, 3, 1904 256.`10a 553 45. 2.49:0 199.844 431 95. 3.2077 256.61;: 556 46. 2.71',0 201,131 436 96. 3.2250 258.0000 559 L7. 2. 32(,O 202.153 438 97. 3.242) 259.38:6 562 1.3. 2.733'. 203.07o 440 98, 3.2596 260.7692 565 49. 2.517' 205.000 44; 99. 3.2712 261 6923 567 50. 2.701 201.7 1 44. 100, 3.2895 263.0770'1 570 51. 2.57" 206.3117 44% 101. 3.3058 264,4615 573 Resolution No. 83 -182 Page 3 SECTION 2: Implementation of Revised Salary Ranges The revised salary ranges for full time and part time employees shall be effective October 31, 1983. SECTIONJ: Holidays The following holidays are to be observed by the City: (a) January - New Years Day (b) Washington's Birthday (e) Memorial Day (d) July 4 - Independence Day (e) Labor Day - The first Monday in September (f) November 11 - Veteran's Day (g) Thanksgiving Day (h) The day following Thanksgiving (i) Two (2) discretionary holidays may be taken by an employee who has successfully completed probation at his /her convenience subject to approval of the department head. Discretionary holidays may not be carried over from one calendar year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. SECTION 4: Health Insurance The City shall provide a health insurance plan for all full time continuous salaried employees. The City agrees to pay for all full time continuous salaried employees up to a maximum of $225.00 per employee per month towards medical insurance premiums through either Kaiser or self - funded /Blue Shield to be effective October 31, 1983. SECTION 5: Dental Insurance The City shall continue to provide a dental insurance plan for all full - time continuous salaried employees. The entire cost for employee coverage shall not exceed an amount as set forth in the City's fiscal budget for 1983 -84. Any costs required that exceed the budgeted amount would be contributed by the employee through payroll deduction. PASSED, APPROVED, and ADOPTED this 19th day of October, 1983• AYES: NOES: # ABSENT: Jon D. Mikels, Mayor ATTEST: Lauren M. Wasserman, City Clerk ..y gesolution No. 83 -782 Page 2 Control Class Minimum Point Maximum Code Class Title Step Amount Step Amount Step Amount IXXX COMMUNITY SERVICES 1OXX Recreation 1001 Recreation Assistant 136 3.93 166 4.56 176 4.60 1003 Recreation Leader 186 5.05 216 5.86 226 6.16 1005 Recreation Supervisor+ 296 1,51, 326 1,760 336 1,850 11XX Community Services 1159 Community Services Director* 406 2,623 436 3,047 466 3,538 7160 Park Planner 351 1,994 381 2,316 391 2,434 2XXX PLANNING, ENGINEERING 6 INSPECTION 2OXX Planning 2001 Planning Aide 236 6.48 246 6.81 256 7.15 2002 Assistant Planner 331 1,805 361 2,096 371 2,203 2005 Associate Planner 351 1,994 381 2,316 391 2,434 2007 Senior Planner+ 371 2,203 401 2,559 411 2,689 2009 City Planner* 401 2,559 431 2,971 461 3,451 21XX Engineering 2107 Engineering Aide 236 6.48 246 6.81 256 7.15 2103 Engineering Technician 286 1,442 316 1,674 326 1,760 2105 Assistant Civil Engineer 346 1,945 376 2,259 386 2,374 2107 Associate Civil Engineer+ 376 2,259 406 2,623 476 2,757 2108 Senior Civil Engineer+ 406 2,623 436 3,047 446 3,202 2109 City Engineer* 426 2,898 456 3,366 486 3,908 23XX Inspection 2301 Community Code Representative 316 1,674 346 1,945 356 2,044 2311 Public Works Inspector 326 1,760 356 2,044 366 2,148 2327 Plan Check EEngineer+ 356 2,044 386 2,374 396 2,496 2331 Building Inspector 326 1,760 356 2,044 366 2,148 2333 Building Inspection Supervisor+ 356 2,044 386 2,374 396 2,496 2339 Building Official* 401 2,559 431 2,977 461 3,451 24XX Development Administration 2459 Community Development Director" 466 3,538 496 4,108 526 4,750 5XXX MAINTENANCE SERVICES 50XX Field Services 5001 Maintenance Worker I 251 1,211 281 1,406 291 1,478 5002 Maintenance Worker II 291 1,478 321 1,717 331 1,805 51XX Maintenance Supervision 5103 Maintenance Superintendent+ 356 2,044 386 2,374 396 2,496 5108 Public Works Engineer+ 396 2,496 426 2,898 436 3,047 Crossing Guards 136 3.94 166 4.56 176 4.80 R Denotes 9 "Management" Classes + Denotes Management /Professional Classes 1/ When acting as Clerk to the City Council or Planning Commission these positions will be paid $45 per night or weekend day meeting. RESOLUTION NO. 83 -182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 82 -119 RELATING TO SALARY RANGES AND BENEFITS FOR ALL FULL TIME AND PART TIME EMPLOYEES OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 1983-84 WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits, and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, it is necessary from time -to -time to establish comprehensive wage and salary schedules and to fix rates of compensation to be paid to all employees of the City, requiring this Resolution to be amended or superseded by subsequent resolutions; and WHEREAS, the revised pay ranges and benefits incorporated in this Resolution have been reviewed and approved by a committee of employees composed of representatives from each city department in compliance with applicable state and federal laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 256 11241 SECTION 1: Salary Ranges 226 1,069 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES 266 1,3D5 (Monthly Amounts) Secretary 1/ 236 1,124 266 Control 276 Class Minimum Point Maximum Code C13ss Title Step Amount Step Amount Step Amount OOXX CLERICAL AND ADMINISTRATION OOXX Clerical and Secretarial 0001 Clerk Typist 216 1,017 246 1,181 256 11241 0003 Police Clerk 226 1,069 256 1,241 266 1,3D5 0005 Secretary 1/ 236 1,124 266 1,305 276 1,372 0007 Administrative Secretary 1/ 276 1,372 306 1,593 316 1,674 0009 Secretary to City Mgr./ Deputy City Clerk 296 1,516 326 1,760 336 1,850 O1XX Fiscal 0101 Cashier /Information Clerk 226 1,069 256 1,241 266 1,305 0103 Account Clerk 236 1,124 266 1,305 276 1,372 0104 Accountant I 296 1,516 326 1,760 336 1,850 0105 Accountant II. 326 1,760 356 2,044 366 2,148 0111 Business License Inspector 286 1,442 316 1,674 326 1,760 0121 Purchasing Clerk 266 1,305 296 1,516 306 1,593 0157 Finance Dir /City Treasurer* 426 2,898 456 3,366 486 3,908 02XX Administrative 0202 Administrative Analyst. 306 1,593 336 1,850 346 1,945 0204 Assistant to the City Mgr* 371 2,203 401 2,559 431 2,971 0205 Assistant City Manager* 406 2,623 436 3,047 466 3,538 0259 City Manager• - - -- $5,119 Flat Amount - - -- Council Item "i" CITY" OF RANCHO CUCAMONGA MEMORANDUM DATE: October 17, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer yi SUBJECT: Agreement for Lemon Avenue Street Improvements in conjunction with Tract No. 9638 Attached is a copy of the revised agreement on the subject project. The revisions are in compliance with comments of the City Attorney. The changes clarify the lump sum City share in Paragraph 2 and remove reference to City liability in Paragraph 4. RECOMMENDATION: Approval of the revised language is recommended and authorization of funding under Systems Development Funds. Respectfully submit'Id, Y EN6 HBBBS CITY ENG CITY LBH:bc Attachment AGREEMENT FOR LEMON AVENUE STRFET IMPROVEMENTS IN CONJUNCTION WITH TRACT 9638 This Agreement is made and entered into this day of 1983 by and between CRISMAR DEVELOPMENT, a California corporation (DEVELOPER) and the CITY OF RANCHO CUCAMONGA, a municipal corporation (CITY). RECITALS WHEREAS, the CITY and DEVELOPER desire to mutually participate in the construction of street improvements on Lemon Avenue; and WHEREAS, the DEVELOPER has expressed its willingness to include said construction with improvements for Tract 9638. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: COVENANTS 1. The DEVELOPER shall construct Lemon Avenue from 410 feet east of Archibald Avenue, said improvements as further described in City of Rancho Cucamonga Drawing NO. 712. 2. CITY'S share of lump sum total is equal to $5,465.00. 3. The CITY agrees to make payment of said amount within thirty (30) days of completion and acceptance by the CITY of-completed constructio,. 4. This Agreement may only be changed with the mutual consent of the parties in the form of written contract amendments. 5. This Agreement and the terms and conditions contained herein are all subject to a successful completion of construction. IN WITNESS WHEREOF, the parties have executed this Agreement as the date first above written. ATTEST: Lauren M. Wasserman, City Clerk CITY OF RANCHO CUCAMONGA, a municipal corporation CRISMAR DEVELOPMENT, Developer by Richard A. Peterson Its Authorized Agent M E M O R A N D U M TO: Lloyd 8ubbs, City Engineer FROM: Robert E. Dougherty, City Attorneyy DATE: October 13, 1983 RE: Lemon Avenue Cooperative Reconstruction MY" The last sentence in paragraph 2 is ambiguous. I suggest rewording it to read as follows: "City's share of lump sum total is equal to $5,465.00." Also, there is no reason to have paragraph 4, the indemnity paragraph, run both ways. Crisman is doing the work and Crisman should indemnify the City. If we agree to the clause as written, we may be contractually assuming liability for acts with respect to which we now have statutory immunity, such as negligent inspec- tion.. RED:sjo Enclosures ��. or n c c s o, BEST. BEST 6 KRIEGER October 13, 1983 MEMORANDUM TO: CHAIRMAN, REDEVELOPMENT AGENCY MEMBERS AND EXECUTIVE DIRECTOR FROM: COUNSEL RE: PROPOSED RANCHO REDEVELOPMENT PROJECT TAX ALLOCATION BOND ISSUE Attached to this memorandum, pursuant to staff's request, are proposed draft resolutions which will initiate the legal process necessary to permit the issuance of tax allocation bonds by the Redevelopment Agency of the City of Rancho Cucamonga. Please note that the attached resolutions do not legally commit the Redevelopment Agency to proceed with a tax allocation bond issue but instead authorize staff and consultants to take the necessary steps to permit you to consider the issuance of tax allocation bonds early in 1984. You will note that we have strongly recommended that the Agency judicially validate its proposed tax allocation bond issue. The attached resolutions authorize commencement of a validation action. Validation proceedings have become the custom and practice since the passage of the Gann Initiative in 1979, which added 4rticle XIIIB to LAW OFFICES OF BEST. BEST 6 KRIEGER the California Constitution. Because tax allocation bonds are secured by pledves of tax increment revenues, a question arises as to the ability of redevelopment agencies to undertake tax allocation bond financings due to the fact that the Gann Initiative limits annual appropriations of local governments to the applicable appropriation limit of the prior year, subject to automatic adjustments for changes in the cost of living and population. If tax increment monies were subject to the Gann Initiative limitations, it would be impossible fqr the Agency to issue tax allocation bonds because the Rancho Redevelopment Project was not yet generating tax increment revenues in the base year established by the Gann Initiative. In an attempt to resolve this concern, the California Legislature adopted Senate Bill 1972 (Chapter 1342, Statutes of 1980) which states that tax increment revenues are not proceeds of taxes under the Gann Initiative and therefore are not subject to its appropriations limitations. Senate Bill 1972, however, is a legislative interpretation of voter approved initiative and a court could still conclude that Senate Bill 1972 does not properly interpret the intent of the voters in adopting the Gann Initiative. If this happened, and the Agency had issued tax allocation bonds in the interim without validatlon, the validity of those -2- L/.W .111C1S Of BEST. BEST 6 KRIEGER bonds might be called into question. This occurred recently in the City of Santa Ana and the resulting taxpayers suit delayed that Agency's proposed tax allocation bond issue by four or five months. In order to avoid these concerns, our practice in tax allocation bond issues is to recommend a validation action in San Bernardino Superior Court in order to firmly establish the validity of the proposed tax allocation bond issue to be undertaken by the Redevelopment Agency of the City of Rancho Cucamonga. Normally, in the absence of opposition being filed by other parties, such a validation proceeding can be concluded within ninety to one hundred twenty days of filing. The costs of the validation p- 1ceeding are included in the costs of the legal services to be rendered in connection with the bond issue itself. Adoption of the attached resolutions will enable your staff, bond counsel and the financial consultant to proceed with the necessary steps to structure and market a tax allocation bond issue. We believe the Agency would be in a position to take the final steps necessary to issue tax allocation bonds in early 1984. JOHN E. BROWN FRANCIS J. BALTM -3- DATE: TO: CITY OF RANCHO CUCAMONGA Cucnai�yc MEMORANDUM . October 19, 1983 I'.z H � z Members of City Council and City Manager - - -- — la ;; I FROM: Tim J. Beedle, Senior Planner SUBJECT: DISCUSSIONS WITH COUNTY S REGARDING CITY RECOMMENDATIONS N MODIFICATIONS OF THE DRAFT Fd6iIEL N LAN (RESPONSE N N MANDMENTS) Following is a summary of comments which have been prepared in the County Staff Report going forward to the County Planning Commission. Attached to this summary are the detailed memos. CITY RECOMMENDATION 1. Areas with slopes exceeding 30% shall not exceed 1 dwelling unit per 40 acre density. The Community Plan should permit density transfer only when it will not adversely impact services, permit only single family detached dwelling units north of Alta Loma and exclude development from restrictive easements for density transfer consideration. 3. The Community Plan should include language which implements the Community Trail System similar to that in Rancho Cucamonga. SAN BERNARDINO COUNTY STAFF RESPONSE Staff recommends retaining the Community Plan proposal 1 dwelling unit per 10 acres within this area. Recomend keeping the provisions of the Community Plan that address this issue. Large parcels of land covered with restrictive utility easements are valuable resources to link with the open space provision of the adjoined development and are encouraged to be designed to tie into the adjoining open space. To assure for this density transfer can only be occurred from those easements that are tied into an approved open space within the project. Language has been added into the plan which protects the proposed trail system by requiring dedications of trails with the County to accept those trail easements and maintain them once an approved maintenance program has been inacted. Members of City Council and City Manager October 19, 1983 Page 2 CITY RECOMMENDATION 4. The Community Plan should include landscaping standards for parkways adjacent to public streets and cnmm rcial areas. 5. The Community Plan should include language to assure the City will be informed of any development proposals. 6. The Community Plan should include a requirement for parkland dedication and improvement. 1. The Countywide affordable housing policy is inappropriate in the Community Plan areas and should be modified to reflect local conditions. 8. A public facility and finance plan should be prepared which identifies a service needs of financing, construction and maintenance of necessary public facilities. SAN BERNARDINO COUNTY STAFF RESPONSE Staff has recommended additional standards for commercial areas similar to those in the City but discourages any change in the parkway landscaping until an appropriate maintenance district has been formed. Th e County General Plan Policy requires notifying cities in a timely manner. The Community Plan does encourage development of on -site recreational areas through planned residential development process. (Although the County does not make any specific reference in their recommendation, under this policy request there is discussion under the recommendations for a service district for the planning of parkland areas.) County staff has indicated that the policy is a countywide issue which cannot be addressed in the Community Plan. No language has been provided to require a public facility and finance plan; however, a recommendation that a "community service zone be established with powers to plan, design, acquire and maintain community services, including but not limited to, parks, street and landscaping, trails, community buildings, prior to the granting of any subdivision map approval ". Members of City Council and City Manager October 19, 1983 Page 3 CITY RECOMMENDATION 9. A Governmental Service District or a development fee shall have been established to assure for development maintenance and operation concerning community facilities and that development be required in a service district. 10. Prior to development in the residential areas a specific plan or planned urban development shall be done for four separate subareas. TJB /kep SAN BERNARDINO COUNTY STAFF RESPONSE Similar to Item 8 which essentially supports this recomnendation. No clear recommendation has been offered by the County in their staff report other than to "encourage the area to be planned and designed under a single plan ". INTER - OFFICE MEMO DATE October 14, 1983 FROM Douglas Payne, Associate Planner PHONE 3944 Valley Planning Team TO Honorable Planning Commission SUBJECT WEST VALLEY FOOTHILLS COMtlUNITY PLAN PUBLIC HEARING - THURSDAY, OCTOBER 20, 1983 .ate, 1nx rt.n.xurno RECOMMENDATION: 1) Accept new public testimony on the West Valley Foothills Community Plan including the necessary amend- ments to the County Consolidated General Plan and Development Code; 2) Direct staff to make the necessary revisio ns and clarifications to the Plan; 3) Recommend adoption of the West Valley Foothills Community Plan, as amended, including the necessary amendment to the County Consolidated General Plan and the amendment to the County Development Code establishing the Hillside Development Overlay District; 5) Recommend adoption of the Statements of Overriding Considerations for those impacts which cannot he reduced to a level of non- signi- ficance; 6) Recommend certifying that the EIR was prepared according to the California Environmental Quality Act, and 7) Recommend that the filing of the Notice of Determination with the Secretary of Resources and other agencies as required. BACKGROUND: on October 6, 1983, the Planning Commission held their initial public hearing on the proposed West Valley Foot- hills Community Plan and the accompanying amendments to the General Plan and Development Code. During that hearing, testi- mony was given from representatives frnm the City of Rancho Cucamonga, several area property owners, the Building Industry Association, and the Sierra Club. In addition, a resolution on the project, from the City of Fontana, was submitted in the Staff Report. The proposal, for the most part, was found to be acceptable by those giving testimony. The concerns and recommendations presented are summarized below: Rancho Cucamonga Recommendations: 1) The Community Plan should only permit one dwelling per forty acres in areas where the slope exceeds 30 percent. Staff recommends retaining the Community Plan's proposal of one dwelling per ten acres in this area. This category has been used by other community plans for similar terrain. Also, the western portion of the planning area is currently designated RUL 1 /10 and RUL 1/5 on the Consolidated General Plan. This recommendation would result in a reduction in the number of dwellings permitted. 12 1J610"a... vn page 1 of 7 Memo to Planning Commission RE: West valley Foothills Community Plan October 14, 1983 2) The Community Plan should only permit density transfer when it will not adversely impact service capacities and result in a use that is consistent with the surrounding residential areas. Further, only permit single family detached units north of Alta Loma and exclude development restrictive ease- ments from density transfer considerations. 9Loif recommends keeping the provisions of the Community Plan that address this issue. The Community Plan encourages density transfer in order to retain the environmentally sen- sitive areas in open space. It further discourages the ran- dom "cookie cutter" subdivision of the scenic hillsides. Limiting the ultimate parcel size or unit type that may be developed may hinder the objectives of density transfer. In any case, the design standards contained within the Plan will result in a product that will be sensitive to adjacent neighborhoods and public services. A large portion of the Planning Area is covered by development restrictive utility easements. This land, while undeveloped, is a valuable re- source which should be incorporated within the open space pro- gram of the adjoining development. To encourage this, the Community Plan establishes a residential density on these lands which can only be transfered through planned residential projects and when the easement portion is linked with the im- proved open space program of the project. 3) The Community Plan should include language which implements a Community Trails System similar to that of Rancho Cuca- monga, with provisions for dedication and annexation into a service district. staff recommends retaining the Community Plan as presented. The Community Plan now contains a recommended community trails system (figure 3 -2) as well as trail design standards. The proposed trails system provides a comprehensive network of trails that implement the County's Regional Parks Eques- trian and Hiking Trail Plan adopted in 1975. The trails system and the standards were prepared in conjunction with representatives of the Alta Loma Riding Club and the Rancho Cucamonga Planning Department. These standards have also been reviewed by the County Transportation Department. The Community Plan protects the proposed trails system by not permitting the design of a project to interfere with the ultimate development of the trail. Improvement of the trail, however, is not required until a design, acquisition and maintenance proqram is enacted. 2 Of 7 Memo to Planning Commission RE: West Valley Foothills Community Plan October 14, 1983 4) The Community Plan should include landscape standards for parkways adjacent to public streets and for commercial develop- ments. Staff recommends retaining the Community Plan as written. Landscape standards for commercial developments that are simi- lar to city standards have been included within the Plan. Parkway planting has been discouraged by County policy due to an inability to provide adequate maintenance. This would be an appropriate request if a local maintenance district is formed. 5) The Community Plan should include language to assure that the City will be consulted during the review of any development plan proposed within the planning area. Staff does not recommend incorporating said language since current County procedures provide for their notification. The goal of notifying cities of proposals in a timely m:. :.er is identified as Action item (a) of Policy C8 -c3, of the County Consolidated General Plan. 6) The Community Plan should include a requirement for park land dedication and improvement, as well as annexation into a service district for park maintenance. Staff recommends against incorporating said requirement into the Community Plan since the Plan does not include a park plan and there is no public entity ava4.1able to accept the required park dedication. The Community Plan does encourage the development of on -site recreational areas through the Planned Residential process. 7) Prior to the approval of any major development within the planning area: 1) a public facilities and finance plan should be prepared which identifies service needs, financ- ing, construction and maintenance of equestrian trails, parks, schools, major infrastructure, fire and law enforce- ment activities and community buildings; 2) a governmental service district and /or development fees should be esta- blished to assure for the development, maintenance and operation of the community services; and 3) annexation in- to the service district should be required. page 3 of 7 Memo to Planning Commission RE: West Valley Focthills Community Plan October 14, 1983 Staff does not recommend modifying the Community Plan to include a public facilities and financing plan. The City's recommendation, however, would be the next appropriate step to implement the West Valley Foothills Community Plan. One approach available is the formation of a County Service Zone. This zone should have the powers to plan, design, acquire, and maintain the necessary community services. Once formed, a service charge levied on the property owners could fi- nance the preparation of a facilities plan including deter- mining the required special tax necessary to acquire, con- struct and maintain the necessary community services. The boundaries of the improvement zone should generally coincide with the City's adopted sphere of influence. Staff recom- mends adding the following language to the Community Plan: "A County Service Zone with powers to plan, design, acquire and maintain community services, including but not limited to parks, street landscaping, trails and community buildings, shall be established prior to granting a final subdivision map approval." Initiation of a service zone is timely in that the land is largely undeveloped and in large holdings, and that area property owners realize that this type of ap- proach is necessary to finance the required servi.,es. 8) Prior to development in the four sub -areas listed, a specific plan or other similar planned development plan should be pre- pared: a) North of Highland Avenue between Milliken and Day Creek; b) East of the Day Creek recharge basin and north of the Etiwanda area, extending into Day Creek Canyon; C) North of Etiwanda, extending between the mouth of East Etiwanda Canyon and San Sevaine Canyon; d) East of Area 3, extending to Devore Freeway. Staff does not recommend modifying the Community Plan by requir- ing the sub -area plans. The planned residential approach how- ever, is an appropriate method of achieving neighborhood identity and orderly growth. These are two goals of the Commm.ity Plan. Further, those portions of the planning area that are still in large holdings, sharing common constraints and development oppor- tunities should be encouraged to be planned and designed under a single plan. Page 4 of 7 Memo to Planning commission RE: West Valley Foothills Community Plan October 14, 1983 Fontana and Rancho Cucamonga Joint Recommendation: 1) The County's Affordable Housing Program should not apply to the planning area. Staff does not recommend deleting the Community Plan from the County's Affordable Housing program. The Community Plan is not the appropriate program to restructure the affordable housing policy. Fontana's Recommendation: 1) The gross density for Fontana's sphere of influence shoul;l not exceed one dwelling per acre. Staff recommends retaining the portion of the Community Plan under Fontana's Sphere of Influence, as presented, since the permitted density complies with Fontana's concern. The over- all density permitted by the Community Plan for that portion of the planning area is .75 dwellings per acre. Property Owners' Concerns: 1) The Community Plan may preclude development within the mountainous areas designated RUL -10. (R.Ferguson, J. Ba,,;,$) Staff recommends retaining the Community Plan as presented. Development is permitted within the foothill area. The Community Plan designates the steep hillsides and mountainous terrain south of the National Forest. as RUL -10. This ldnd use category permits up to one dwelling per ten acres. On exist- ing parcels, a single family residence is permitted and on parcels 20 acres and greater., a subdivision is possible. The Community Plan establishes density tranfer provisions and other hillside development standards to give the property owner the ability to realize up to the number of homes permitted by the General Plan Map. These same standards represent the consensus of the County's fire, planning and engineering professionals regarding the protection of life and property. 2) The Community Plan should include a program for requiring Equestrian and Hiking Trails within the Planning Area. (A. Kopperud, P. Henry, M. Walarop, C. Benoit) staff recommends retaining the Community Plan as presented. For the analysis, refer to item #3, pg. 2 of 6 of Rancho Cucamonga's recommendations. Paae 5 of 7 Memo to Planning Commission RE: West Valley Foothills Community Plan October 14, 1983 3) The Community Plan will impact City streets. (J. Banks, P. Henry) Staff recc =cndc retaining the Community Plan as presented. A comprehensive network of streets is proposed to accommodate the future traffic that may be generated by the Community Plan.. Within the Planning Area, main streets have been sized to a "service level D" or better. outside the Planning Area, an attempt has been made to coordinate with the goals of the adjoining cities. Two streets that may be impacted are Day Creek Blvd., south of Highland Avenue, and Etiwanda Avenue, south of Highland Avenue. According to the County Transpor- tation Department, Etiwanda Avenue will he impacted without traffic from the Planning area, and Day Creek Boulevard will exceed "service level D" standards by 5,000 trips per day. As a result of the impact on these streets, the EIR identi- fied circulation as one area where the Community Plan will have a significant adverse impact. 4) The Community Plan will permit homes in areas having wind and flooding hazards. (J. Banks, 14, Waldrop, C. Benoit) Staff recommends retaining the Community Plan as presented. Current regulations and codes, as well as provisions of the Community plan, will insure that safe and sound homes can be built. Specifically, the building permit process provides proven safeguards in the construction of homes. The :. munity Plan established a Safety overlay District and special standards for areas of known flooding. In addition, drainage generated within the Planning Area can be readily accepted by Day, Deer, Etiwanda or San Sevaine Flood Control facilities. 5) The Community Plan will increase the sewage treatment require- ments. (J. Banks, D. Baker) Staff recommends retaining the Community Plan as presented. Within the area under Fontana's sphere of influence, sewage will ultimately be collected by Fontana's sewer system and treated at a regional facility. Up to 1,000 homes would need to connect to City sewers. Within the remaining area, on- site septic systems are proposed in lieu of sewers. This area lies within the sewage collection responsibility of tl•e rnna- monga County Water District (CCWD). For groundwater recharge purposes, the CCWD is proposing to continue the use of on -site septic systems within the planning boundary. The Community Plan reflects the CCWD plans by establishing residential land uses that could utilize septic systems under the CCWD criteria. To implement, however, the CCWD must implement their Plan to establish an "On -Situ WasLe Management Zone" (OSP714Z) . The OSWMZ is provided by State legislation and gives CCWD the abilit7 to insure that the septic systems will not create public health hazards or reduce water quality. Page 6 of 7 Memo to Planning Commission RE: West Valley Foothills Community Plan October 14, 1983 6) The Community Plan permits too high of residential densi- ties. (C. Benoit, J. Holt) Staff recommends retaining the Community Plan as presented. The residential densities proposed are compatible with the City's General Plan Map for this portion of their sphere of influence. The maximum density permitted is four units to the acre near Highland Avenue. The average residential density in the flatter portion of the Plan is two to three units to the acre. Written Requests received after the October 6 hearing: 1) Mr. Joseph Bonadiman, dated October 12, 1983, representing Mr. John Goldson, requests four units to the acre for 570 acres generally located east of San Sevaine Creek. The Community Plan proposes a variety of residential land uses for this property. 2) Mr. James Clark, dated October 9, 1983, representing the George F. Johnston Company, requests that their property (430 acres) be identified for park and trail purposes on the Cc- Tunity Plan. Mr. Clark indicates that his family has been working with the County since 1971, regardinq the pars: concept. The property is located north of Etiwanda and contains San Sevaine Creek. Attachments: October 14, 1983 draft of the West Valley Foothills Community Plan, Planning Commission Minutes of October 6, 1983, Cities' recommendations and resolutions, Joseph Bonadiman and James Clark letters. DP:tjt nom. 7 of 7 JOSEPH E. BONAOiMAN 6 ASSOCIATES, INC. E N G I N E E R I N G A R G R I T E C T U R E P L A N N I N G 1 October 12, 1983 Subj: 570 acres north and east of i the intersection of Summit and Cherry Avenues, West ' Valley Foothills File: 83 -1493 San Bernardino County Planning Department 385 N. Arrowhead Ave. San Bernardino, CA 92415 Attn: Tom Stephens, Senior Planner Valley Team Dear Sirs: Our client. Mr, John Coldson, has asked us to evaluate the property which is delineated on the enclosed USGS grid map to determine its highest and best use. Toward this end, we have studied what we believe are the pertinent consid- erations, such as environment, housing trends, buyer preference, location, aesthetics, etc. And because we were looking at a specific piece of property of 570 acres, we felt we could spend considerably more time in making a density determination than the busy county staff could devote to the entire General Plan area. Being in this fortunate position, we could fine tune our planning and obtain the most desirable laud use densities. Therefore, we have tel,tatively sug- gested tc our client, and as we are doing to you in this letter, that a density that would allow an average of four units per acre is warranted. We have not made this recommendation lightly, and it is the result of input from our engineering and archtectural departments as well as our planning staff. We would greatly appreciate your consideration of our request for increased density on this 570 acres. Sincerely, J10-S'EP E. PON MAN ASSOCIATES, INC. ep . Bonn iman, P. Timothy R. Wilson Architect JCB /TRW:ms Encl: 1 E 13�,PE,.b1e0Ne eman,lun PE. CAUne3E Eo„no.m.n,ts N JRM Wq, PE, WANN1 B 5M .PE, EmmE IQIMmn, A IA. K,nn,tn A Fb",,. P.E. a U,O,.. PE SOS! MIl13fA!!T 16AN9EIINSIm.0.CAa10NN1A . I.ISIa ML 001u SS 10110.333] • 5JN8UmA.W.0.CA1}4I1 S 11141911.1303 R-N 4 0,14 Zi 16 .. / :1, ar 0,14 Zi 16 .. / :1, SPECIAL A PACK GEORGE F. JOHNSTON CO, PACK GROWERS ANO SHIPPERS CALIFORNIA TABLE GRAPES P o. aox 133 ETIWANOA, CALIFORNIA e1734 Cetobar 9, 1n ", Van 'errard ino CounF"y Planning Cc^v ission 111: asst 1 -i11 . treet San ?arnardino, California, 921115 Re: West Valley Foothills C=m anity Flan Dear Ladies and Gentlemen: 849 -/a83 TELEPHONE gq9 -1.209 SHIPPING POINTS; COACHELLA VALLEY ETIWANOA I an a member of one of the pioneer Etiwarda fanilios and have been par - ti.civ.tin, in the dev =_lopmant of the Foothill C- -mrinity Plan, I attended the p'ablic hearin-- held 'ctoSar uth in Rancho Cucamonga and •.as vary interested in the concern expressed by thi audience that the plan makes no provision for parks in the area north of Stlwanda. I realize that the plan p assnted is not a specific plan and that refi.nonant will come at a later date. Our family has owned 43G acres north of P.tir:nr:da for seventy ,years. It is lin:'. that was acouired for crater dovelop.nent to irrip ;ato t'ne fanily vineyards, our farm ink in 1 :ti:randa was discontinued seventeen years aqo and since 'that time we have, 'e ^.nn dcvclonin.; the 431 acres as a primitive >ro.a park, situ for the future. A por- ting of the v ^orert.y has a. United ease•aent for f).00d control, 1r1-a have also per - mittod the State 'muter Project linitrd accoss for sinking ' :orthorn California water d O.ivarod to the site. In 19y1 we started working with S.tmrvlsor Din ' kesell regarding the rnr{< concent, i[n felt it was feasible to consider a Re „ional Park with ,joi.nt pown.rs agre -nan is with the other agencies involve -d, The proposed park site bor- ders on Summit Avenu3, raking it readily available• to the public. It also has amnia water throii hout the year to Provide for park needs. The land was offored to RAncho Cucinon ±a for park use, but it was refu:;�d because it is not within the city bour.dri ^s, T'na ':rest Valley Foothills Community Plan that has been developed by the Coun..y PLann Irs is a good one and has been needed for a long ti r, We call your attention to t'nn availability of mir land for park area trail use and that it can be dn.ni ,,nated for that purpose in t.ho plan, Sincerely Ywit• O3C3 :.P. o Lori'. 'iU: CO OCT 111.,O 83 OFFICE OF PLAMNIwC. LAND N"k L1rEHi OEPdHFAffnI Jnnis W. Clark Bnnl.nsuron: Conics of letters from S,roirvisor Corry of letter from Chino raisin 'datn.rmister Copy of portion of letter from Geer ;c F. Johnston Co, I... I F .0 E OF BEST. BEST 6 KRIEGER October 13, 1983 MEMORANDUM TO: CHAIRMAN, REDEVELOPMENT AGENCY MEMBERS AND EXECUTIVE DIRECTOR FROM: COUNSEL RE: PROPOSED RANCHO REDEVELOPMENT PROJECT TAX ALLOCATION BOND ISSUE Attached to this memorandum, pursuant to staff's request, are proposed draft resolutions which will initiate the legal process necessary to permit the issuance of tax allocation bonds by the Redevelopment Agency of the City of Rancho Cucamonga. Please note that the attached resolutions do not legally commit the Redevelopment Agency to proceed with a tax allocation bond issue but instead authorize staff and consultants to take the y , necessary steps to permit you to consider the issuance r of tax allocation bonds early in 1984. You will note that we have strongly recommended that the Agency judicially validate its proposed tax allocation bond issue. The attached resolutions authorize coo ncement of a validation action. Validation proceedings have become the custom and practice since the passage of the Gann Initiative in 1979, which added Article XIIIR to LAW OFFICES OF BEST,BEST 6 KRIEGER the California Constitution. Because tax allocation bonds are secured by pledges of tax increment revenues, a question arises as to the ability of redevelopment agencies to undertake tax allocation bond financings due to the fact that the Gann Initiative limits annual appropriations of local governments to the applicable appropriation limit of the prior year, subject to automatic adjustments for changes in the cost of living and population. If tax increment monies were subject to the Gann Initiative limitations, it would be impossible for the Agency to issue tax allocation bonds because the Rancho Redevelopment Project was not yet generating tax increment revenues i,L the base year established by the Gann Initiative. In an attempt to resolve this concern, the California Legislature adopted Senate Bill,, 1972 (Chapter 1342, Statutes of 1980) which states that tax increment revenues are not proceeds of taxes under the Gann Initiative and therefore are not subject to its appropriations limitations. Senate Bill 1972, however, is a legislative interpretation of voter approved initiative and a court could still conclude that Senate Bill 1972 does not properly interpret the intent of the voters in adopting, the Gann Initiative. If this happened, and the Agency had issued tax allocation bonds in the interim without validation, the validity of those -2- Lnw ofncCS of BEST, BEST 6 KRIEGER bonds might be called into question. This occurred recently in the City of Santa Ana and the resulting taxpayers suit delayed that Agency's proposed tax allocation bond issue by four or five months. In order to avoid these concerns, our practice in tax allocation bond issues is to recommend a validation action in San Bernardino Superior Court in order to firmly establish the validity of the proposed tax allocation bond issue to be undertaken by the Redevelopment Agency of the City of Rancho Cucamonga, Normally, in the absence of opposition being filed by other parties, such a validation proceeding can be concluded within ninety to one hundred twenty days of filing. The costs of the validation proceeding are included in the costs of the legal services to be rendered in connection with the bond issue itself. Adoption of the attached resolutions will enable your staff, bond counsel and the financial consultant to proceed with the necessary steps to structure and market a tax allocation bond issue. We believe the Agency would be in a position to take the final steps necessary to issue tax allocation bonds in early 1984. JOHN E. BROWN FRANCIS J. BALTM -3- w RESOLUTION NO, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE ISSUANCE OF UP TO $25,000,000 PRINCIPAL AMOUNT OF. TAX ALLOCATION BONDS OF SAID AGENCY TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS THE RANCHO REDEVELOPMENT PROJECT. G TABLE OF CONTENTS Page Section 1 Definitions . . . . . . . . . . . . . . 2 Section 2 Amount, Issuance, and Purpose of Bonds . . . . . . . . . . . . . . 7 Section 3 Nature of Bonds. . . . . . . . . . . 7 Section 4 Description of Bonds . . . . . . . . . 8 Section 5 Interest . . . . . . . . . . . . . . . 11 Section 6 Place of Payment . . . . . . . . . , . 12 Section 7 Execution of Bonds . . . . . . . . . . 12 Section 8 Transfer and Exchange of Bonds . . . . 13 Section 9 Redemption . . . . . . . . . . . . . 14 Section 10 Notice of Redemption . . . . . . . . . 15 Section 11 Redemption Fund. . . . . . . . . . . . 16 Section 12 Effect of Notice of Redemption 18 Section 13 Funds . . . . . . . . . . . . . . . . . 19 Section 14 Disposition of Bond Proceeds; Redevelopment Fund. . . . . . . . . 19 Section 15 Issuance of Parity Bonds to Pay Project Costs . . . . . . . . . . . . . 20 Section 16 Pledge of Tax Revenues; Special Fund 21 Section 17 Receipt and Deposit of Tax Revenues. 22 Section 18 Establishment and Maintenance of Accounts for Use of Money in the Special Fund. . . . . . . . . . 23 Section 19 Deposit and Investment of Money in Funds and Accounts . . . . . . . 25 Section 20 Covenants of the Agency. . . . . . . . 26 Section 21 Taxation of Leased Property. . . . . . 32 Section 22 Fiscal Agent and Paying Agents . . . . 32 Section 23 Lest, Destroyed or Mutilated Bonds . . 34 Section 24 Cancellation of Bonds. . . . . . . . . 35 Section 25 Amendments Without Consent of Bondholders . . . . . . . . . . . . 35 Section 26 Amendments with Consent of Bondholders . . . . . . . . . . . . 35 Section 27 Proceedinyo Constitute Contract. . . 39 Section 28 Defeasance . . , . . , . . . 1 44 Section 29 Severability . . . . . . . . . . . . . 46 Section 30 Effective Date . . . . . . . . . . . . 47 RESOLUTION NO RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE ISSUANCE OF UP TO $25,000,000 PRINCIPAL AMOUNT OF TAX ALLOCATION BONDS OF SAID AGENCY TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS THE RANCHO REDEVELOPMENT PROJECT, WHEREAS, the Redevelopment Agency of the City of Rancho Cucamonga, California is a redevelopment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pu�suanL iu the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) and the powers of such agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a redevelopment plan for a redevelopment project known and designated as the "Rancho Redevelopment Project" has been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, the plan contemplates that the Agency will issue its bonds to finance a portion of the cost of such redevelopment; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Redevelopment Agency of the City of Rancho Cucamonga, California, as follows: Section 1. Definitions. As used in this resolu- tion the following terms shall have the following meanings: (a) "Agency" means The Redevelopment Agency of the City of Rancho Cucamonga, California. (b) "Annual Debt Service" means, for each 12 -month period ending on the day before the anniversary date of the Bonds, the sum of (1) the interest falling due on the out- standing Bonds (as hereinafter defined) in such 12 -month period, assuming that the outstanding Serial Bonds (as hereinafter defined) are retired as scheduled and that the outstanding Term Bonds (as hereinafter defined) are redeemed from sinking fund accounts as scheduled, (2) the principal amount of outstanding Serial Bonds falling due by their terms in such 12 -month period, and (3) the minimum amount of the outstanding Term Bonds required to be paid or called and redeemed in such 12 -month period, together with the redemp- tion premiums, if any, thereon. (c) "Bondholder" or "Holder of Bonds," or any similar term, means any person who shall be the registerea owner or his duly authorized attorney, trustee, representa- tive or assign of any outstanding Bond. For the purpose of Bondholders' voting rights or consents, Bonds owned by or held for the account of the Agency, or the City of Rancho Cucamonga, directly or indirectly, shall not be counted. (d) "Bonds" means any of the Bonds authorized by, and outstanding pursuant to, this Resolution and 'bearing -2- such individual designation as is set forth in the Series Resolution relating to such Bond and any parity bonds. (e) "Federal Securities" means United States Treasury notes, bonds, bills or certificates of indebtedness or those for which the faith and credit of the United States are pledged for the payment of principal and interest; obli- gations issued by banks for cooperatives, federal loan banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board or the Tennessee Valley Authority; all as and to the extent that such securi- ties are eligible for the legal investment of Agency funds. (f) "Financial Newspaper or Journal" means The Wall Street Journal, The Daily Bond Buyer and any other newspaper or journal printed in the English language and customarily published on aach business day, of general circulation in Los Angeles, California and in New York, New York, containing financial news and selected by the Fiscal Agent, whose decision shall be final and conclusive. ^ (g) "Fiscal Agent" means the fiscal agent named in Section 22 hereof, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in this resolution. (h) "Fiscal Year" means the year beginning on July 1st and ending on the next following June 30th. (i) "Independent Financial Consultant," means any individual or firm engaged in the business of financial consulting or redevelopment consulting, appointed by the 1 Agency, and who has a favorable reputation in the field in which his opinion or certificate will be given, and: (1) is in fact independent and not under domination of the Agency; and (2) does not have any substantial interest, direct or indirect, with the Agency; and (3) is not connected with the Agency as an officer or employee of the Agency, but who may be regularly retained to make reports to the Agency. (j) "Law" or "Redevelopment Law" means the Com- munity Redevelopment Law of the State of California as cited in the recitals hereof. (k) "Maximum Annual Debt Service" as computed from time to time pursuant to the provisions hereof means the largest Annual Debt Service during the period from the date of such determination through the final maturity of any outstanding Bonds. (1) "Opinion of Counsel" means a written opinion of an attorney or firm of attorneys of favorable reputation in the field of municipal bond law. Any opinion of such counsel may be based upon, insofar as it is related to factual matters, information which is in the possession of the Agency as shown by a certificate or opinion of, or representation by, an officer or officers of the Agency, unless such counsel knows, or in the exercise of reasonable care should have known, that the certificate or opinion or 4- representation with respect to the matters upon which his opinion may be based, as aforesaid, is erroneous. (m) "Parity Bonds" means any additional tax allocation bonds issued by the Agency as permitted by Sec- tion 15 of this resolution payable from the Tax Revenues on a parity with the Bonds. (n) "Paying Agent" means any paying agent pro- vided by the Agency pursuant to this resolution. (o) "Pledged Tax Revenues" means, for each twelve month period beginning with the twelve month period begin- ning on the anniversary date of the Bonds, the first taxes (including all payments, reimbursements and subventions, if any, specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations) eligible for allocation to and expenditure by the Agency pursuant to the Law thereunder, as provided in the Redevelopment Plan, in an amount that is equal to the Annual Debt Service for such twelve month period or such other higher amount as determined by a Series Resolution. (p) "Redevelopment Plan" means the redevelopment plan for the Redevelopment Project Area approved and adopted by Ordinance No. 166 of the City of Rancho Cucamonga, and includes any amendment of said plan heretofore or hereafter made pursuant to law. (q) "Redevelopment Project" means the project of carrying out, pursuant to the Law, the Redevelopment Plan for the Redevelopment Project Area. -5- (r) "Redevelopment Project Area" means the project area described and defined in said Ordinance No. 166, which project area is known and designated as the "Rancho Redevel- opment Project." (s) "Reserve Requirement" means such amount as may be established by a Series Resolution. (t) "Series Resolution' I means one or more resolu- tions as may subsequently be adopted by the Agency and authorizing the issuance of a series of the Bonds in accor- dance with the terms and provisions of this resolution. (u) "Tax Revenues" means that portion of taxes levied upon taxable property in the Redevelopment Project Area and received by the Agency and which is allocated to and paid into a special. fund of the Agency pursuant to Article 6 of Chapter 6 of the Law and Section 16 of Article XVI of the Constitution of the State of California, less the portion thereof that is required to be set -aside by the Agency pursuant to the Redevelopment Plan and Section 33334.2 of the Law for Section 33334.2 purposes, all as more particularly set forth hereafter in this resolution. (v) "Treasurer" or "Treasurer of the Agency" means the officer who is then performing the functions of Treasurer of the Agency. (w) "Written Request" means an instrument in writing signed by the Chairman of the Agency or by any other officer of the Agency duly authorized by the Agency for that purpose, and by the Secretary of the Agency. -6- Section 2. Amount Issuance and Puroose o£ Bonds. Under and pursuant to the Law and under and pursuant to this resolution, Bonds of the Redevelopment Agency in the princi- pal amount not to exceed $25,000,000 shall be issued by the Agency from time to time pursuant to one or more Series Resolutions for the purpose of financing a portion of the cost of the Redevelopment Project and for other purposes related thereto as hereinafter provided. Section 3. Nature of Bonds. The Bonds shall be special obligations of the Agency secured by an irrevocable and first pledge of, and payable as to both principal and interest from, Pledged Tax Revenues and such other invest- ment income and funds as may be so pledged from time to time pursuant to one or more Series Resolutions. The Bonds and the interest thereon shall not be paid from any proceeds from the sale, lease or other disposition of property in the Project Area, nor shall the payment of such principal and interest be (a) secured by any interest in property used or to be used in a trade or business or in payments in respect of such property or (b) derived from payments in respect of property, or borrowed money, used or to be used in a trade or business, within the meaning of Section 103(b)(2)(B) of the Internal Revenue Code of 1954, as amended, and the regulations adopted thereunder. Said Bonds, the interest thereon, and any premiums payable upon the redemption of any thereof, are not a debt of the City of Rancho Cucamonga, the State of California or any of its political subdivisions and -7- neither said city, said state nor any of its political subdivisions is liable on them, nor in any event shall said bonds or interest be payable out of any funds or properties other than those of the Agency as in this resolution set forth. Said Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limita- tion or restriction. Neither the members of the Agency nor any persons executing the Bonds are liable personally an the bonds by reason of their issuance. Said Bonds shall be and are equally secured by an irrevocable and first pledge of Pledged Tax Revenues and other funds as hereinafter provided, without priority for number, date of sale, date of execution, or date of delivery, evicept as expressly provided herein. The validity of said Bonds is not and shall not be dependent upon the completion of the Redevelopment Project or upon the performance by anyone of his or her obligation relative to the Redevelopment Project. Nothing in this resolution shall preclude the redemption and payment of the Bonds prior to maturity, or the payment thereof at maturity, from the proceeds of re- funding bonds issued pursuant to law. Nothing in this resolution shall prevent the Agency from making advances of its own funds howsoever derived to any of the uses and purposes mentioned in this resolution. Section 4. Description of Bonds. The Bonds shall be in the aggregate principal amount not to exceed -8- $25,000,000, and shall be designated RANCHO REDEVELOPMENT PROJECT TAX ALLOCATION BONDS (Series designation to be inserted where appropriate]. The Bonds may be issued and sold as from time to time as shall be established and autho- rized by the Agency by one or more Series Resolutions, The Bonds shall be issued in the form of fully registered Bonds without coupons in denominations of $5,000 each or any whole multiple thereof. The Bonds shall be dated as the date and shall mature on the dates and in the amounts to be hereafter fixed by one or more Series Resolutions. The Bonds may be issued as "Serial Bonds" or as "Term Bonds," or any combination thereof, as may be set forth by one or more Series Resolutions. Any such Serial Bonds and Term Bonds shall mature in the amounts and on the dates (and with respect to Term Bonds, shall have annual minimum payments) as may be set forth in one or more Series Resolutions. Bonds shall be lettered alphabetically by year of maturity (excluding, however, the letters "I" and "0 ") and each maturity shall be numbered from "one" consecutively up- wards in order of issuance. "CUSIP" identification numbers <hall be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds and any error or omission with respect thereto shall not con- stitute cause far refusal of any purchaser to accept delivery of and pay for the Bonds. In addition, failure on the part of the Agency to use such CUSIP numbers in any notice to any 9- Holder of Bonds shall not Constitute an event of default or any violation of the Agency's contract with such Holder. The Bonds and shall be in the form or forms as may be set forth in one or more Series Resolutions. Any Bonds issued pursuant to this resolution may be initially used in temporary form (the "Temporary Bonds ") exchangeable for definitive Bonds when the same are ready for delivery. The Temporary Bonds may be printed, litho- graphed or typewritten, shall be of such denominations as may be determined by the Agency and may contain such refer- ence to any of the provisions of this resolution as may be appropriate. Every Temporary Bond shall be executed by the same persons, subject to the same conditions and in substan- tially the same form and manner as the definitive Bonds. If the Agency issues Temporary Bonds, it will execute and furnish definitive Bonds without delay, and, thereupon, the Temporary Bonds shall be surrendered for cancellation at the principal office of the Fiscal Agent in California, and the Fiscal Agent shall deliver in exchange for such Temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations of the same series. Until so exchanged, the Temporary Bonds shall be entitled to the same benefits under this resolution as definitive Bonds of the same series delivered hereunder, except that any inter- est which has accrued thereon shall not be paid until the exchange has been accomplished. -10- Section 5. Interest. The Bonds shall bear inter- est at a rate or rates to be hereafter fixed by resolution, but not to exceed twelve percent (12%) per annum (or the then current maximum legal rate), payable semiannually on the dates of each year as set forth in one or more Series Resolutions. Each Bond shall bear interest until the prin- cipal sum thereof has been paid; provided, however, that if at the maturity date of any Bond, or if the same has been duly called for redemption, funds are available for the pay- ment or redemption thereof in full accordance with the terms of this resolution, said Bond shall then cease to bear interest. Bonds issued upon exchanges and transfers of Bonds shall be authenticated by the Fiscal Agent as of a date so that no gain or loss of interest shall result from such exchange or transfer. Each Bond shall bear interest from the interest payment date next preceding the date of authen- tication thereof unless: (i) it is authenticated as of an interest payment date, in which event it shall bear interest from such interest payment date, or (ii) it is authenticated prior to the first interest payment date, in which event it shall bear interest from the date of the Bonds. Interest on the Bonds shall be paid by the Fiscal Agent (out of the appropriate funds) by check or draft mailed on the interest payment date to the registered owner as his name and address appear on the register kept by the Fiscal Agent at the close -11- of business on the fifteenth (15th) day preceding the inter- est payment date. Section 6. Place of Paym^_nt. The Series A Bonds shall be payable in lawful money of the united States of America and (except for interest on the Bonds which is payable by mailed check or draft as stated in Section 5 above) shall be payable at the principal office of the Fiscal Agent in California, or, at the option of the Holder, at the office of any paying Agent of the Agency. Section 7. Execution of Bonds. The Bonds shall be signed an behalf of the Agen y by its Chairman by his manual or facsimile signature and by its Secretary by his manual or facsimile signature, and the seal of the Agency shall be impressed, imprinted or reproduced thereon. The Fiscal Agent shall authenticate Bonds on registration and /or exchange to effectuate the registration and exchange provisions set forth in Section 8, and only such of the Bonds as shall have endorsed thereon a certifi- cate of authentication, substantially in the form as may be set forth in the Series Resolution relating to said Bonds, duly executed by the Fiscal Agent, shall be entitled to any rights, benefits or security under this resolution. No Bond shall be valid or obligatory for any purpose unless and until such certificate of authentication shall have been duly executed by the Fiscal Agent, and such certificate of the Fiscal Agent upon any such Bond shall be conclusive and the only evidence that such Bond has been duly authenticated 12- and delivered under this resolution. The Fiscal Agent's certificate of authentication on any Bond shall be deemed to have been duly executed if signed by an authorized officer of the Fiscal Agent, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds that may be issued hereunder at any one time. Section 8. Transfer and Exchange of Bonds. A Bond or Bonds may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of Bonds of the same series and maturity and of any other authorized denominations. Transfer of ownership of a Bond or Bonds shall be made by exchanging the same for a new Bond or Bonds of the same series and maturity. All of such exchanges and transfers shall be made in such manner and upon such reason- able terms and conditions as may from time to time be deter- mined and prescribed by the Agency; provided, however, no such exchange or transfer shall be made between the fifteenth (15th) day preceding any interest payment date and such interest payment date. Such exchanges and transfers shall be free of any costs or charges to the person, firm or corporation requesting such exchange or transfer, except for any tax or governmental charge that may be imposed in con- nection with such exchange or transfer. The Fiscal Agent will keep or cause to be kept at its principal office, or at such other place in California as the Agency may approve, sufficient books for the regis- tration and transfer of the Bonds, which shall at all times -13- be oven to inspection by the Agency; and, upon presentation for such purpose, the Fiscal Agent shall, under such reason- able regulations as it may prescribe, register or transfer, or cause to be registered or transferred, on said register, the Bonds as hereinbefore provided. The Fiscal Agent may deem and treat the person in whose name any outstanding Bond shall be registered upon said register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of re- ceiving payment of, or on account of, the principal, or redemption premium, if any, of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the Agency nor the Fiscal Agent shall be affected by any notice to the contrary. Section 9. Redemption. (a) Optional Redemption The Bonds shall be subject to call and redemption prior to maturity, at the option of the Agency, as a whole or in part in order of maturity and by lot in such manner as may be hereinafter set forth in one or more Series Resolutions, from funds derived by the Agency from any source, on an interest payment date, and upon payment of a redemption price, if any (computed upon the principal amount of each Bond called for redemption) for each redeemed Bond and with accrued interest to the date 14- of redemption, all as may be hereinafter set forth in one or more Series Resolutions. (b) Mandatory Redemption of Term Bonds. Any Term Bonds are subject to mandatory redemption as set forth in Section 18(3) hereof and Term Bond sinking fund redemption as set forth in Section 18(1) hereof. (c) Redemption Date. The date on which the Bonds are to be presented for redemption is hereinafter sometimes referred to as the "redemption date." Section 10. Notice of Redemption. Notice of redemption prior to maturity shall be mailed, postage pre- paid, not less than 20 days nor more than 60 days prior to the redemption date to the registered owner of each such Bond called for redemption in whole or in part, at the last address appearing on the register maintained by the Fiscal Agent. The notice of redemption shall (a) state the redemp- tion date; (b) state the redemption price; (c) state letters and the numbers or other distinguishing marks of the Bonds to be redeemed; provided, however, that whenever any call includes all of the outstanding Bonds, such information need not be stated; (d) state, that as to any Bond redeemed in part only, the principal portion thereof to be redeemed; and (f) state that interest on the Bonds (or the specified portion of the principal thereof in the case of a Bond to be redeemed in part only) designated for redemption shall cease to accrue from and after such redemption date. -15- The actual receipt by the bondholder of notice of such redemption shall not be a condition precedent to redemp- tion, and failur to receive such notice shall not affect the validity of the proceedings for the redemption of such Bonds or the cessation of interest on the redemption date. Notice of redemption of Bonds shall be given by the Fiscal Agent for and on behalf of the Agency at the expense of the Agency. A certificate by the Fiscal Agent that notice of redemption has been given as herein provided shall be con- clusive as against all parties, and no Bondholder whose Bond is called for redemption may object thereto or object to the cessation of interest on the redemption date fixed by any claim or showing that such holder failed to receive actual notice of call and redemption. Section 11. Rcdomption Fund. Prior to the time the Agency determines to call and redeem any Bonds of any particular series, there shall be established with the Fiscal Agent a redemption fund for said series of Bonds to be described or known as the Rancho Redevelopment Project Tax Allocation Bonds [Series designation to be inserted where appropriate], Redemption Fund (the "Redemption Fund "), and prior to the redemption the Agency shall deposit with the Fiscal Agent moneys available for the purpose and suf- ficient to redeem, at the premiums payable as in this resolu- tion provided, the Bonds designated in such notice of redemp- tion. Said moneys shall be applied on or after the 16- redemption date for payment (principal and premium) of the Bonds to be redeemed upon presentation and surrender of such Bonds and shall be used only for that purpose. Mandatory redemptions pursuant to the sinking fund provisions of Section 18(1) of this resolution and any Series nesolution and mandatory redemptions and special mandatory redemptions pursuant to Section 18(3) hereof and any Series Resoluticn need not comply with this Section 11. Any interest payment due on or prior to the redemption date shall be paid from the Special Fund described in Section 13 hereof, upon presen- tation and surrender thereof. If after all of the Bonds called have been redeemed and cancelled or paid and can- celled there are moneys remaining in said Redemption Fund, said moneys may be transferred to the Agency, provided, however, that if said moneys are part of the proceeds of refunding bonds said moneys shall be transferred to the fund created for the payment of principal of and interest on such refunding bonds. Upon surrender of any Bond redeemed in part only, the Agency shall execute and the Fiscal Agent shall authen- ticate and deliver to the registered owner thereof, at the expense of the Agency, a new Bond or Bonds of authorized denominations equal in aggregate principal amount to the un- redeemed portion of the Bond surrendered and of the same interest rate or rates and same maturity or maturities and of the same series. 17- Section 12. Effect of the Notice of Redemption, When notice of redemption has been given, substantially as provided in Section 10 hereof, and when the amount necessary for the redemption of the Bonds called for redemption (principal and premium) is set aside for that purpose in the Redemption Fund, as provided in Section 11 hereof, the Bonds, or parts therof, as the case may be, designated for redemption shall become due and payable on the date fixed for redemption thereof, and, upon presentation and surrender of said Bonds at the place specified in the notice of redemp- tion, such Bonds shall be redeemed and paid at said redemp- tion price out of the Redemption Fund, and no interest will accrue on such Bonds called for redemption after the redemp- tion date specified in such notice, and the Holders of said Bonds so called for redemption after such redemption date shall look for the payment of such Bonds and the premium, if any, thereon only to the Redemption Fund. All Bonds redeemed shall forthwith be cancelled by the Fiscal Agent and shall not be reissued, except that in the case of partial redemption of Bonds the Holders of said Bonds shall have the right to receive a new Bond or Bonds for the unre- deemed balance as aforesaid. All unpaid interest payable at or prier to the date fixed for redemption upon the Bonds shall continue to be payable to the respective registered owners of such Bonds, or their order, but without interest thereon. 1B- Section 13. Funds. There is hereby created a special trust fund called the Rancho Redevelopment Project Fund (hereinafter sometimes called the "Redevelopment Fund ") held by the Treasurer, and a special trust fund called Rancho Redevelopment Project Special Fund (herein sometimes called the "Special Fund ") held by the Fiscal Agent. So long as any of the Bonds herein authorized, or any interest thereon, remain unpaid, the moneys in the foregoing funds shall be used for no purpose other than those required or permitted by this resolution and the Law. Section 14. Disposition of Bond Proceeds; Redevel- opment Fund. The proceeds from the sale of each series of the Bonds shall be placed in the Redevelopment Fund, except that an amount equal to the Reserve Requirement established by the applicable Series Resolution and an amount equal to the accried interest and premium, if any, on each such series of the Bonds shall be transferred to the Fiscal Agent and deposited in the Special Fund. The moneys set aside and placed in the Redevelop- ment Fund shall remain therein until from time to time expended solely for the purpose of financing a portion of the cost of the Redevelopment Project and other costs related thereto, which other costs may include but are not limited to: (a) The payment, in any year during which the Agency owns property in the Redevelopment Project Area, to any city, county, city and county, district or other public 19- corporation which would have levied a tax upon such property had it not been exempt, an amount of money in lieu of taxes as authorized by Section 33401 of the Law; and (b) The cost of any lawful purpose in connection with the Redevelopment Project, including, without limita- tion, those purposes authorized by Section 33445 of the Law; and (c) The necessary expenses in connection with the issuance and sale of the Bonds and fees of the Fiscal Agent and Paying Agents. If any sum remains in the Redevelopment Fund after the full accomplishment of the objects and purposes for which said Bonds were issued, said sum shall be transferred to the Special Fund. Section 15. Issuance of Parity Bonds to Pay Pro - ,cct Costs. If at any time the Agency determines that it will not have sufficient moneys available from other sources to pay its share of the costs of the Redevelopment Project, the Agency may provide for the issuance of, and sell Parity Bonds in such principal amount as it estimates will be needed for such purpose, subject to the following conditions precedent to such sale: (a) The Agency shall be in compliance with all covenants set forth in this resolution. (b) Tax Revenues received or to be received by the Agency based upon the most recent assessed valuation of taxable property in the Redevelopment Project Area (as -20- reported by tla Auditor of San Bernardino County) and upon the most rece - -ly established tax rates are at least equal to such amounts as may be set forth in one or more Series Resolutions. (c) The Parity Bonds shall be on such terms and conditions as may be set forth in z Se:i..: :es,.iution or other supplemental resolution, which shall provide for (i) bonds substantially in accordance with this resolution, (ii) bonds maturing in such amounts and at such times as to provide level annual debt service, (iii) the deposit of a portion of the Parity Bond proceeds into the Reserve Account in an amount sufficient, together with the balance of the Reserve Account, to equal the Reserve Requirement on all Bonds including the Bonds issued pursuant to this resolution and Parity Bonds; (d) The issuance of such Parity Bonds shall have been ecommended by an opinion of an Independent Financial Consultant. Section 16. Pledge of Tax Revenues; Special Fund. All the Pledged Tac Revenues and all money in the funds and accounts provided for in this Section 16 and in Section 18 hereof are hereby irrevocably pledged to the punctual pay- ment of the interest on and principal of and redemption premiums, if any, on the Bonds, and the Pledged Tax Revenues and any other pledged money shall not be used for any other purpose while any of the Bonds remain outstanding. This pledge shall constitute a first and exclusive lien on the 21- Pledged Tax Revenues and such other money for the payment of the Bonds in accordance with the terms thereof. All the Pledged Tax Revenues, shall, so long as any Bonds shall be outstanding hereunder, be deposited when and as received by the Agency in the Special Fund, established by Section 13 hereof and which fund the Agency hereby covenants and agrees to establish and maintain with the Fiscal Agent as trustee so long as any bonds shall be outstanding hereunder. Not- withstanding the foregoing, there shall not be deposited with the Fiscal Agent for deposit in the Special Fund any taxes eligible for allocation to the Agency pursuant to the Law, in an amount in excess of that amount which, together with all money then on deposit with the Fiscal Agent in the Special Fund and the accounts therein, shall be sufficient to discharge all outstanding Bonds as provided in Section 28. Section 17. Receipt and Deposit of Tax Revenues. The Agency covenants and agrees that all Pledged Tax Revenues, when and as received, will be received by the Agency in trust hereunder and will be deposited by the Agency in the Special Fund and will be accounted for through and held in trust in the Special Fund, and the Agency shall have no beneficial right or interest in any of such money, except only as in this resolution provided. All such Pledged Tax Revenues, whether received by the Agency in trust or deposited with the Fiscal Agent as trustee, all as herein provided, shall nevertheless be disbursed, allocated and applied solely to the uses and purposes hereinafter in 22- this resolution set forth, and shall be accounted for separately and apart from all other money, funds, accounts or other resources of the Agency. Section 18. Establishment and Maintenance of Accounts for Use of Money in the Special Fund. All money in the Special Fund shall be set aside by the Fiscal Agent in the following respective accounts within the Special Fund (each of which is hereby created and each of which the Agency hereby covenants and agrees to cause to be main- tained) , in the following order of priority: (1) Debt Service Account, (2) Reserve Account, and (3) Prior Redemption Account. All money in each of such accounts shall be held in trust by the Fiscal Agent and shall be applied, used and withdrawn only for the purposes hereinafter authorized in this section. (1) Debt Service Account. In each year, com- mencing with the twelve-month period beginning on the date of the first series of the Bonds (in this Section 18 herein- after referred to as a "Bond Year "), the Fiscal Agent shall set aside from the Special Fund and deposit in the Debt Service Account (or such accounts and funds in said Account as may hereinafter be established by one or more Series Resolutions) suffir.ient funds to pay the interest on, prin- cipal and sinking fund installments (as may hereinafter be established by one or more Series Resolutions) on the Bonds during said Bond Year when due. -23- I (2) Reserve Account. In each Bond Year, the Fiscal Agent shall set aside from the Special Fund and deposit in the Reserve Account an amount of money that shall be required to maintain the Reserve Account in the full amount of the Reserve Requirement. No deposit need be made in the Reserve Account so long as there shall be on deposit therein a sum equal to at least the amount required by this paragraph to be on deposit therein. All money in the Reserve Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of replenishing the Debt Service Account, in the event of any deficiency at any time therein, or for the purpose of paying the interest on or principal of or redemption premiums, if any, on the Bonds in the event that no other money of the Agency is lawfully available therefor, or for the retirement of all the Bonds then outstanding, except that so long as the Agency is not in default hereunder, any amount in the Reserve Account in excess of the amount required by this paragraph to be on deposit therein except as herein otherwise provided, shall be withdrawn from the Reserve Account and deposited in the Special Fund. (3) Prior Redemption Account. (a) Mandatory_ Redemp tion_of_Term Bonds. In the event Term Bonds are outstanding, then in each Bond Year, after the above-mentioned transfers have taken place, the Fiscal Agent shall set aside from the Special Fund and deposit in the Prior Redemption Account an amount of money 24- as may hereinafter be required by one or more Series Resolu- tions. (4) Surplus. Any monies remaining in the Special Fund after the above deposits have been made shall, upon receipt of a certificate of an Independent Financial Con- sultant certifying that Tax Revenues to be received in the next succeeding year based upon the most recent - ssessed valuations will be sufficient to produce Pledged Tax Revenues for said year, be declared "surplus" and shall be transferred by the Fiscal Agent to the Agency to be used and applied by Che Fiscal Agent for any lawful purpose, includ- ing the purchase of Bonds on the open market at a price not to exceed the outstanding principal balance thereof plus usual and customary brokerage fees as may be incurred in connection with such purchases. Section 19. Deposit and Investment of Money in Funds and Accounts. All money held by the Agency or Fiscal Agent in any of the funds established pursuant to this resolution shall be held in time or demand deposits in any bank or trust company (including the Fiscal Agent and the Paying Agents) authorized to accept deposits of public funds, and shall be secured at all times by such obligations as are required by law and (except as the Agency may waive security for such portion of any deposit as is insured pursuant to federal law) to the fullest extent required by law, except such money as is at the time invested in accor- dance with this section. Money in the Special Fund, the 25- Debt Service Account, or in the Prior Redemption Account may, and upon the written request of the Agency shall, be invested by the Fiscal Agent, and money in the Redevelopment Fund may be invested by the Agency, in Federal Securities or negotiable certificates of deposits issued by a nationally or state chartered bank. Investments of money in the Special Fund, the Debt Service Account, or in the Prior Redemption Account must mature prior to the date at which such money is estimated to be required to be paid out here- under. Investments of money in the Redevelopment Fund must mature not later than six months after the date on which such money is estimated to be required to be paid out here- under. Money in the Reserve Account shall be invested in obligations which will by their terms mature prior to such date or dates as may be hereinafter established by one or more Series Resolutions. All investment income received prior to the completion of the financing of the Redevelop- ment Project on any money so invested shall be deposited in the Redevelopment Fund, and all investment income received subsequent thereto on any money so invested shall be trans- ferred to the Agency, except investment income on money in the Reserve Account, which shall be deposited in the Special Fund. Section 20. Covenants of the Agency. The Agency shall preserve and protect the security of the Bonds and the rights of the Bondholders and defend their rights against all claims and demands of all persons. Until such time as -26- an amount has been set aside sufficient to pay all outstand- ing Bonds at maturity, plus unpaid interest thereon to maturity, the Agency will (through its proper members, officers, agents, or employees) faithfully perform and abide by all of the covenants, undertakings and provisions con- tained in this resolution or in any Bond issued hereunder, including the following covenants and agreements for the benefit of the Bondholders: (1) The Agency covenants and agrees that it will diligently carry out and continue to completion, with all practicable dispatch, the Redevelopment Project in accor- dance with its duty so to do under and in accordance with the Law and the Redevelopment Plan and in a sound and eco- nomical manner. The Redevelopment Plan may be amended as provided in the Law but no amendment shall be made which would substantially impair the security of the Bonds or the rights of the Bondholders. (2) The Agency covenants and agrees that the pro- ceeds of the sale of said Bonds will be deposited and used as provided in this resolution and that it will manage and operate all properties owned by it and comprising any part of the Redevelopment Project in a sound and businesslike manner. (1) The Agency covenants and agrees that, except as permitted in Section 15 hereof, it will not issue any other obligations payable, principal or interest, from the Tax Revenues which have, or purport to have, any lien upon _27- the Tax Revenues superior to or on a parity with the lien of the Bonds herein authorized; provided, however, that nothing in this resolution shall prevent the Agency from issuing and selling pursuant to law refunding bonds or other refunding obligations payable from and having a first lien upon the Tax Revenues if such refunding bone; or other refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of one or more series of the Bonds authorized by this resolution and then outstanding. (4) The Agency covenants and agrees that it will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds issued hereunder on the date, at the place and in the manner provided in said Bonds, solely from the Tax Revenues and other funds as herein provided. The Agency further covenants that it will comply with the requirements of Section 33675 of the Law, including the filing of a "statement of indebtedness" with the Auditor of San Bernardino County. (5) The Agency covenants and agrees that it will from time to time pay and discharge, or cause to be paid and discharged, all payments in lieu of taxes, service charges, assessments or other governmental charges which may lawfully be imposed upon the Agency or any of the properties then owned by it in the Redevelopment Project Area, or upon the revenues and income therefrom and will pay all lawful claims for labor, material and supplies which if unpaid might become a lien or charge upon any of said properties, 28- revenues or income or which might impair the security of the Bonds or the use of Tax Revenues or other funds to pay the principal of and interest thereon, all to the end that the priority and security of said Bonds shall be preserved; provided that nothing in this paragraph shall require the Agency to make any such payment so long as the Agency in good faith shall contest the validity thereof. (6) The Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and accurate entries shall be made of all transactions relating to the Redevelopment Pro- ject and the Tax Revenues and other funds herein provided for, and will prepare within 120 days after the close of each of its fiscal years a complete financial statement or statements for such year in reasonable detail covering such Redevelopment Project, Tax Revenues and other funds, certi- fied by a certified public accountant or firm of certified public accountants selected by the Agency, and will furnish a copy of such - tatement o: statements to any Bondholder upon written request. (7) The Agency covenants and agrees that if all or any part of the Redevelopment Project Area should be taken from it, by eminent domain proceedings or other pro- ceedings authorized by law, for any public or other use under which the property will ba tax exempt, the net pro- ceeds realized by the Agency therefrom will be deposited in 29- the Special Fund and used and applied for the purpose of paying principal of and interest on the Bonds and any Parity Bonds; provided that the net proceeds realized by the Agency from such taking of any part of the Redevelopment Project Area the redevelopment of which was financed by the Agency through the issuance of lease revenue bonds will be deposited, used and applied in the manner provided by the resolution authorizing issuance of such lease revenue bonds. (8) The Agency covenants and agrees that it will not dispose of more than 10% of the assessed value of land or real property or 10% of the land area in the Redevelop- ment Project Area (except property shown in the Redevelop- ment Plan in effect on the date this resolution is adopted as planned for public use, or property to be used for public streets, public off - street parking, sewage facilities, ease- ments or rights of way for public utilities, or other similar uses) to public bodies or other persons or entities whose property is tax exempt if as a result of such disposi- tion the security of the Bonds or the rights of Bondholders would be substantially impaired. (9) The Agency covenants and agrees to preserve and protect the security of the Bonds and the rights of the Bondholders and to defend their rights under all claims and demands of all persons. Without limiting the generality of the foregoing, the Agency covenants and agrees to contest by court action or otherwise (a) the assertion by any officer of any government unit or any other person whatsoever against -30- the Agency that (i) the Law is unconstitutional or (ii) that the Pledged Tax Revenues cannot be paid by the Agency for the debt service on the Bonds, or (b) any other action affecting the validity of the Bonds or diluting the security therefor, or (c) any assertion by the United States of America or any department or agency thereof or any other person that the interest received by the Bondholders is taxable under federal income tax laws. The Agency covenants and agrees to take no action which, based on an Opinion of Counsel, would result in (a) the Pledged Tax Revenues being withheld unless the withholding thereof is being contested in good faith, or (b) the interest received by the Bond- holders becoming taxable under federal income tax laws. The Agency covenants with the Holders of all the Bonds at any time outstanding that it will make no use of the proceeds of the Bonds which will cause the Bonds to be "arbitrage bonds" subject to federal income taxation by reason of Sec- tion 103(c) of the Internal Revenue Code of 1954, as amended. To that end, so long as any of the Bonds are outstanding, the Agency, with respect to the proceeds of the Bonds, shall comply with all requirements of said Section 103(c) and all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at the time, applicable and in effect. (10) The Agency covenants with the Holders of all of the Bonds at any time outstanding that it has not and will not incur any loans, obligations or indebtedness repay- 31- able from the Tax Revenues such that the total aggregate debt service on said loans, obligations or indebtedness incurred from and after the date of adoption of the Redevel- opment Plan, when added to the total aggregate debt service on the Bonds, will exceed the maximum amount of Tax Revenues to be divided and allocated to the Agency pursuant to the Redevelopment Plan. Section 21. Taxation of Leased Property. When- ever any property in the Redevelopment Project Area has been redeveloped and thereafter is leased by the Agency to any person or persons (other than the City of Rancho Cucamonga) or whenever the Agency leases real property in the Redevelop- ment Project t_rea to any person or persons (other than the City of Rancho Cucamonga) for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, as required by Section 33673 of the Health and Safety Code. Section 22, Fiscal Agent and Paving Agents. The Agency shall appoint a Fiscal Agent, by a subsequent Series Resolution, to act as the agent and depositary of the Agency for the purpose of receiving Tax Revenues and other funds as provided in this resolution and any Series Resolution, to hold, allocate, use and apply such Tax Revenues and other funds as provided in this resolution and any Series Resolu- tion, and to perform such other duties and powers of the Fiscal Agent as are prescribed in this resolution and in any Series Resolution. -32- The Agency may remove the Fiscal Agent initially appointed or any successor thereto and in such case shall forthwith appoint a successor thereto but any successor shall be a bank or trust company doing business and having an office in the City of Rancho Cucamonga, having a combined capital and surplus of at least $100,000,000. The Fiscal Agent herein appointed or any substituted Fiscal Agent may at any time resign as such by writing filed with the Agency in which event the Agency shall forthwith appoint a substi- tute Fiscal Agent and the resignation shall become effective upon such appointment. In the event that the Fiscal Agent or any successor becomes incapable of acting as such the Agency shall forthwith appoint a substitute Fiscal Agent. Any bank or trust company into which the Fiscal Agent may be merged or with which it may be consolidated shall become the Fiscal Agent without action of the Agency. The Fiscal Agent may become the owner of any of the Bonds authorized by this resolution with the same rights it would have had if it were not the Fiscal Agent. The Fiscal Agent shall have no duty or obligation wh?tsoever to enforce the collection of or to exercise dili- gence in the enforcement of the collection of funds assigned to it hereunder, or as to the correctness of any amounts received, but its liability shall be limited to the proper accounting for such funds as it shall actually receive. The recitals of fact and all promises, covenants and agreements herein and in the Bonds of said authorized 33- issue contained shall be taken as statements, promises, covenants and agreements of the Agency, and the Fiscal Agent assumes no responsibility for the correctness of the same, and makes no representations as to the validity or suffi- ciency of this resolution or of the Bonds, and shall incur no responsibility in respect thereof, other than in connec- tion with the duties or obligations herein or in the Bonds assigned to or imposed upon the Fiscal Agent. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or default. The Agency shall, during the life of the Bonds, provide for one or more Paying Agents in any Series Resolu- tion, at the office of which the Bonds are payable at the option of the holder. Section 23. Lost, Destroyed or Mutilated Bonds. In the event that any Bond is lost, stolen, destroyed or mutilated, the Agency will cause to be issued a new Bond similar to the original and of like series, maturity and princpal amount to replace the same in such manner and upon such reasonable terms and conditions, including the payment of costs and the posting of a surety bond if the Agency deems such surety bond necessary, as may from time to time be determined and prescribed by resolution. The Agency may authorize such new Bond to be signed and authenticated in such manner as it determines in said resolution. 34- Section 24. Cancellation of Bonds. All Bonds surrendered to the Fiscal Agent or any Paying Agent for payment shall upon payment therefor be cancelled immediately and forthwith transmitted to the Treasurer. All of the cancelled Bonds shall remain in the custody of the Treasurer until destroyed pursuant to due authorization. Section 25. Amendments Without Consent of Bond- holders. The Agency may, from time to time and at arty time, adopt such resolutions supplemental hereto as shall not be inconsistent with the terms and provisions hereof (which supplemental resolutions shall thereafter form a part hereof), (a) to cure any ambiguity or formal defect or omission in this resolution or in any supplemental resolu- tion, or (b) to grant to or confer upon the Fiscal Agent for the benefit of the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders or the Fiscal Agent. Section 26. Amendments with Consent of Bondholders. This resolution, and the rights and obligations of the Agency of the Holders of the Bonds issued hereunder, may be modified or amended at any time by supplemental resolution adopted by the Agency with the consent of Bondholders hold- ing sixty percent (60%) in aggregate principal amount of the outstanding Bonds, exclusive of Bonds, if any, owned by the -35- Agency or the CiLy of Rancho Cucamonga, and obtained as hereinafter set forth; provided, however, that no such modification or amendment shall, without the express consent of the Holder of the Bond affected, reduce the principal amount of any Bond, reduce the interest rate payable thereon, advance the earliest redemption date, reduce the premium payable upon redemption thereof, extend its maturity or the times for paying interest thereon or change the mone- tary medium in which principal and interest is payable, nor shall any such modification or amendment reduce the per- centage of consent required for amendment or modification. Any act done pursuant to a modification or amend- ment so consented to shall be binding upon the Holders of all of the Bonds, and shall not be deemed an infringement of any of the provisions of this resolution or of said Law, whatever the character of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this resolution, and after such consent relating to such specified matters has been given, no Bond- holders shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Agency or any officer thereof from taking any action pursuant thereto. If the Agency shall desire to obtain any such con- sent, it shall duly adopt a resolution calling a meeting of the Bondholders for the purpose of considering the action the consent to which is desired. Notice specifying the 36- purpose, place, date and hour of such meeting shall be mailed postage prepaid, to the Bondholders at their respec- tive addresses appearing on the bond register as maintained by the Fiscal Agent. Such notice shall set forth the nature of the proposed action consent to which is desired. The place, date and hour of holding such meeting and the date or dates of mailing such notice shall be determined by the Agency in its discretion; provided that such notice shall be mailed not less than twenty (20) nor more than sixty (60) days prior to the date fixed for the meeting. The actual receipt by any Bondholder of notice of any such meeting shall not be a condition precedent to the holding of such meeting, and failure to receive such notice shall not affect the validity of the proceedings thereat. A certificate by the Secretary of the Agency approved by resolution of the Agency, that the meeting has been called and that notice thereof has been given as herein provided, shall be conclusive as against all parties and it shall not be open to any Bondholder to show that he failed to receive actual notice of such meeting. The Fiscal Agent shall prepare and deliver to the chairman of the meeting a statement of the names and addresses of the registered owners of the Bonds, such statement to show the series, maturities, serial numbers and the principal amounts so that voting qualifications can be determined. No Bondholders shall be entitled to vote at such meeting unless their names appear upon such statement. 37- No Bondholders shall be permitted to vote with respect to a larger aggregate principal amount of Bonds than is set against their names on such statement. The Agency covenants that it will present at the meeting a certificate, signed and verified by one member thereof and by the Treasurer, stating the serial numbers, series, maturities and principal amounts of all Bonds owned by, or held for account of, the Agency or the City of Rancho Cucamonga, directly or indirectly. No person shall be permitted at the meeting to vote or consent with respect to any Bond appearing upon such certificate, or any Bond which it shall be established at or prior to the meeting is owned by the Agency or the City of Rancho Cucamonga, directly or indirectly, and no such Bond (in this resolution referred to as "issuer -owned Bonds ") shall be counted in determining whether a quorum is present at the meeting. A representation of at least 60% in aggregate principal amount of the Bonds then outstanding (exclusive of issuer -owned Bonds,,if any) shall be necessary to constitute a quorum at any meeting of Bondholders, but less than a quorum may adjourn the meeting from time to time, and the meeting may be held as so adjourned without further notice, whether such adjournment shall have been held by a quorum or by less than a quorum. The Agency shall, by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized by the election of a permanent chairman and secretary. At any meeting each -38- Bondholder shall be entitled to one vote for every $5,000 principal amount of Bonds with respect to which he shall be qualified to vote as aforesaid, and such vote may be given in person or by proxy duly appointed by an instrument in writing presented at the meeting. The Agency and /or the Fiscal Agent by their duly auchorized representatives and couns1l, may attend any meeting of the Bondholders, buc shall not be required to do so. At any such meeting held as aforesaid there shall be submitted for the consideration and action of the Bond- holders a statement of the proposed action consent to which is desired, and if such action shall be consented to and approved by Bondholders holding at least 60% in aggregate principal amount of the Bonds then outstanding (exclusive of issuer -owned Bonds) the chairman and secretary of the meeting shall so certify in writing to the Agency, and such certificate shall constitute complete evidence of consent of the Bondholders under the provision of this resolution. A certificate signed and verified by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certificate relating to proceedings taken at such meeting. Section 27. Proceedings Constitute Contract. The provisions of this resolution, of the Series Resolutions, of the resolutions providing for the sale of the Bonds and awarding the Bonds and fixing the interest rates thereon, and of any other resolution supplementing or amending this -39- resolution anc' adopted prior to the issuance of the first series of the Bonds hereunder, shall constitute a contract between the Agency and the Bondholders and the provisions thereof shall be enforceable by any Bondholder for the equal benefit and protection of all Bondholders similarly situated by mandamus, accounting, mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent jurisdiction. Said contract is made under and is to be construed in accordance with the laws of the State of California. If one or more of the following events ( "events of default ") shall happen, that is to say- - (1) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; (2) if default shall A'made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (3) if default shall be made by the Agency in t „. observance of any of the covenants, agreements or conditions contained in this Resolution or in the Bonds, and such default shall have continued for a period of 30 days; or 40- (4) if the Agency shall file a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent juris- diction shall approve a petition, filed with or without the consent of the Agency, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Agency or of the whole or any substantial part of is property; then, and in each and every such case during the continuance of such event of default, the Fiscal Agent may, upon notice in writing to the Agency, and shall, if it is requested by the holders of not less than a majority in aggregate princi- pal amount of the Bonds at the time outstanding (such request to be in writing to the Fiscal Agent and the Agency) declare the principal of all of the Bonds then outstanding and the interest accrued thereon, to be due and payable immediately, and upon any such declarations the same shall become and shall be immediately due and payable, anything in the resolution or in the Bonds to the contrary notwith- standi,ne. Such declaration may be rescinded by the holders of not less than a majority of the Bonds then outstanding provided the Agency cures such default or defaults including 41- the deposit with the Fiscal Agent of a sum sufficient to pay all principal on the Bonds matured prior to such declaration and all matured installments of interest (if any) upon all the Bonds, with interest at the rate of 12% per annum (or such other maximum rate per annum as then permitted by law) on such overdue installments of principal and, to the extent such payment of interest on interest is lawful at that time, on such overdue installments of interest, so that the Agency is currently in compliance with all payment, deposit and transfer provisions of this resolution, and an amount suffi- cient to pay any expenses incurred by the Fiscal Agent in connection with such default. Any Bondholder shall have the right, for the equal benefit and protection of all Bondholders similarly situated -- (1) by mandamus, suit, action or proceeding, to compel the Agency and its members, officers, agents or employees to perform each and every term, provision and covenant contained in this resolution and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the Agency and the fulfillment of all duties imposed upon it by the Law; (2) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bondholders' rights; or (3) upon the happening of any event of default (as defined in this section), by suit, action or -42- proceeding in any court of competent jurisdiction, to require the Agency and its members and employees to account as if it and they were the trustees of an express trust. Nothing in this section or in any other provisions of this resolution, or in the Bonds, shall affect or impair the obligation of the Agency, which is absolute and uncondi- tional, to pay the principal of and interest on the Bonds to the respective Holders of the Bonds at the respective date of maturity, as herein provided, or affect or impair the right, which is also absolute and unconditional, of such Holders to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. No remedy conferred hereby upon any Bondholder is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by the Redevelopment Law or any other law of the State of California. No waiver of any default or breach of duty or contract by any bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any default or acquiescence therein. Every substantive -43- right and every remedy conferred upon the Bondholders may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or _xercise any remedy shall be brought or taken and should said suit, action or proceeding be ahApoioned, or be deter- mined adversely to the Bondholders, then, and in every such case, the Agency and the Bondholders shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. After the issuance and delivery of the Series A Bonds, this resolution and supplementary resolutions thereto shall be irrepealable, but shall be subject to modification or amendment by one or more supplemental Resolutions or otherwise to the extent and in the manner provided in this resolution, but to no greater extent and in no other manner. Section 28. Defeasance. If the Agency shall pay or cause to be paid, or shall have made provisions to pay, or there shall have been set a,i,;e in trust funds to pay, to the Holders of the Bonds the principal and interest, and premium, if any, to become due thereon, then the pledge of the Tax Revenues and all Other rights granted hereby, shall thereupon cease, terminate and become void and be discharged and satisfied and Tax Revenues allocated to the Agency pursuant to Section 33670 of the Law shall no longer be payable to the Fiscal Agent on account of the Bonds. Bonds for the payment and discharge of which upon maturity, or upon redemption prior to maturity, provision -44- has been made through the setting apart in a reserve fund or special trust account created pursuant to this resolution or otherwise to insure the payment thereof, of money sufficient for the purpose or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account of moneys sufficient therefor, including, but not limited to, investment income earned or to be earned on direct obligations of the United States of America or bonds or other income earned or to be earned on direct obligations of the United States of America or bonds or other obligations for which the faith and credit of the United States of America are pledged for the payment of principal and interest, shall, as provided herein, no longer be deemed to be out- standing ani unpaid; provided, however, that if any such Bonds are to be redeemed prior to the maturity thereof, the Agency shall have taken all action necessary to redeem such Bonds and notice of such redemption shall have been duly given or provisions made for the giving of such notice, and provided further that, if the maturity or redemption date of any such Bond shall not have arrived, provision shall have been made by the Agency by deposit, for the payment to the Holders of any such Bonds, upon surrender thereof, whether or not prior to maturity or redemption date thereof, of the full amount to which they would be entitled by way of prin- cipal, premium, if any, or interest to the date of such maturity or redemption, including in the computation of said full amount any income to be earned by way of investment of 45- said deposit, as provided below, and provision shall have been made by the Agency, for the mailing of a notice to the Holders of such Bonds that such moneys are available for such payment. Moneys held for payment or redemption in accor- dance with the provisions of this section shall be invested in direct obligations of the United States of America, or bonds or other obligations for which the faith and credit of the United States of America, or bonds or other obligations for which the faith and credit of the United States of America are pledged for the payment of principal and inter- est, to mature or be withdrawable, as the case may be, not later than the time when needed for such payment or redemp- tion. New income earned on such investments may be paid to the Agency or may be used for the payment or redemption of Bonds and to the extent permitted by law may be considered as adequate provision for payment. Section 29, Severability. If any covenant, agreement or provision, or any portion thereof, contained in this resolution, or the application thereof to any person or circumstances, is held to be unconstitutional, invalid or unenforceable, the remainder of this resolution and the application of any such covenant, agreement or provision, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected, and this resolu- tion and the Bonds issued pursuant hereto shall remain valid and the Bondholders shall retain all valid rights and 46- benefits accorded to them under this resolution and the Constitution and laws of the State of California. If the provisions relating to the appointment and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the Treasurer. Section 30. Effective Date. This resolution shall take effect upon adoption. ADOPTED AND APPROVED this 19th day of October, 1983. Secretary of the Redevelopment Agency of the City of Rancho Cucamonga, California Chairman of the Redevelopment Agency of the City of Rancho Cucamonga, California -47- I, LAUREN WASSERMAN, Secretary of the Redevelop- ment Agency of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the members of the Redvelopment Agency of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of October, 1983, by the following vote of the membe-c: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Redevelopment Agency of the City of Rancho Cucamonga, California, this day of October, 1983. Secretary of the Redevelopment Agency of the City of Rancho Cucamonga, California RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CLTY OF RANCHO CUCAMONGA AUTHORIZING THE RETENTION OF ATTORNEYS AND FINANCIAL CONSULTANTS AND FURTHER AUTHORIZING COMMENCEMENT OF LEGAL PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF ITS RANCHO REDE- VELOPMENT PROJECT TAX ALLOCATION BONDS. WHEREAS, the Redevelopment Agency of the City of Rancho Cucamonga (the "Agency ") proposes to issue its "Rancho Redevelopment Project Tax Allocation Bonds" to finance a por- tion of the cost of a redevelopment project known as the "Rancho Redevelopment Project;" and WHEREAS, it is desirable to employ attorneys and financial consultants to perform necessary services in connection with the issuance of said bonds; and WHEREAS, Best, Best 6, Krieger are attorneys especially trained and qualified in that type of practice and have submitted a proposal covering their services on said legal matters to this Agency; and WHEREAS, Stone & Youngberg are financial consultants specially trained and experienced in that type of practice and have submitted a proposal covering, their services on said matters to this Agency; and WHEREAS, it is further desirable that this Agency authorize the commencement of legal proceedings for the purpose of validating said bonds pursuant to provisions of Section 860 and following of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Rancho Cucamonga as follows: Section 1. Retention of Attorneys and Fees. Best, Best & Krieger are hereby employed by the Agency to perform the legal services enumerated in their proposal, a copy of which is on file with the Agency, and shall be compensated for their services according to the schedule contained in said proposal. Section 2. Retention of Financial Consultants and Fees. Stone & Youngberg are hereby employed by the Agency to perform the services as financial consultants enumerated in their proposal, a copy of which is on file with the Agency, and shall be compensated for performing such services accord- ing to the schedule contained in said proposal. S ^ction 3, Validation Proceeding, . Agency counsel is hereby authorized and directed to commence validation proceedings pursuant to provisions of Section 860 and follow- ing of the California Code of Civil Procedure in the San Ber- nardino Superior Court for the purpose of validating the A ,,encv's Rancho Redevelopment Project Tax Allocation Bonds. Section 4, Effective Date. This resolution shall take effect upon adoption. 2- ADOPTED THIS 19th day of October, 1953. ATTEST: Secretary of the Redevelopment Agency of the City of Rancho Cucamonga, California Chairman of the Redevelopment Agency of the City of Rancho Cucamonga, California 3- I, Lauren Wasserman, Secretary of the Redevelopment Agency of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. was regularly introduced and adopted by the Redevelopment. Agency of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of October, 1983, by the follow- ing vote: AYES: NOES: ABSENT: ABSTAINED: IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Redevelopment Agency of the City of Rancho Cucamonga, California, this , day of October, 1983. Secretary of the Re eve opment Agency of the City of Rancho Cucamonga, California -4-