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HomeMy WebLinkAbout1983/03/02 - Agenda Packetr1
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1977
CITY OF
RANCi0 CUCAMONGA
ll11COUNUL
AGENDA
Lions Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
March 2, 1983
All items submitted for the City Council Agenda must be in writing. 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 - Led by Girl Scouts
from Rancho Cucamonga.
B. Roll Call: Buquet 1•, Dahl �, Frost t
er .
Schloss '!- , annkMikels =.
C. Approval of Minutes:
D. Presentation of Proclamation commemorating Girl
Scout Week, March 6 -12, 1983.
2. ANNOUNCEMENTS
a. Thursday, March 3, 7:00 p.m. - HISTORICAL PRESERVATION
COMISSION, Lions Park Community Center.
✓_9;bY +2 i WITTM a;17.1-1
The following Consent Calendar items are expected to be
routine and non - controversial. They will be acted upon by
the Council at one time without discussion.
a. Approval of Warrants, Register No. 83- 02 -28, for 1
$80,258.04 and Payroll ending 83 -02 -20 for $139,983,18.
b. Forward Claim by Louis and Yong Gonzales to the city 5
attorney for handling.
City Council Agenda -2-
March 2, 1983
c.
Forward Claim by Udom Aromdee to the city attorney for
7
handling.
d.
Alcoholic Beverage Application for en -sale general
9
license to Michael J's Coffee Shops, Inc., 10165
Foothill Blvd.
e.
Award of contract for the Hillside Road Reconstruction
10
Project to Riverside Construction, Riverside,
California, the low bidder at $409,999.99.
f.
Approval of revision of Traffic Signal Maintenance
is
Agreement between City of Rancho Cucamonga and the
County of San Bernardino. The agreement provides for
payment to the County of actual cost plus 5% for City
portion of signal maintenance and power on shared
signals.
g.
Intent to Annex Tract No. 10045 as Annexation No. 12 to
26
Landscape Maintenance Distict No. 1.
RESOLUTION NO. 83 -23
30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, OF
•
PRELIMINARY APPROVAL OF CITY ENGINEER'S
REPORT FOR ANNEXATION NO. 12 TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (TRACT 10045).
RESOLUTION NO. 83 -24
33
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. 12 TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND
OFFERING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO.
h. Award of contract for construction of traffic signal at 35
Base Line and Vineyard Avenue to MM&H Construction and
Engineering Company of 3loomington, the lowest of eleven
bidders at $54,990.
i. Api2rove and ecu a informal co tact for t @@��,,ddmpl ion 37
of �^neyard nue Street $rovementa �tra is[,.aac..1
sign 1, AU M/ 194(2), to R verside Con �� ° °r tion `ti �ewQ.�n.w L K
Riv side, the lowe t bidder at 55.054.40
J. Approval of weed abatement contract between the City of 40
Rancho Cucamonga and the County of San Bernardino for an
additional cost, not to exceed $500.
City Council Agenda -3- March 2, 1983
k. Forward Claim against the City by Gordon and Edena Myers 44
to the City Attorney for handling.
4. POBLIC HEARINGS
A. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 82-04 -
TENTATIVE TRACT 12091 - SALVATI. A change of zone from
M -1 (limited manufacturing) to R -3 /PD (multiple family
residential /planned development) for the development of
248 condominium units on 11.35 acres located at the
northeast corner of 8th Street and Grove Avenue - APN
207- 251 -02, 03, 13. Staff report by Michael Varirin,
Senior Planner.
RECOMMENDATION: The Planning Commission recommends
approval of PD 82 -04 and issuance of a negative
declaration.
ORDINANCE NO. 192 (second reading) 46
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, u...iFGBNIA, REZONING
• ASSESSOR'S PARCEL NUMBERS 207- 251 -02, 03, 13
LOCATED AT THE NORTHEAST CORNER OF 8TH STREET
AND GROVE AVENUE FROM M -1 TO R- 3 /P.D.
B. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 82 -04 - HIM
MACK. A change of zone from A -1 (limited agriculture)
to R -1 (single family residential) for 5.25 acres of
land, located on the east side of Beryl Street, 1000
feet south of 19th Street - APN 202- 041 -15. Staff
report by Michael Vairin, Senior Planner.
RECOMMENDATION: The Planning Commission recommends
approval of the zone change 82 -04 and issuance of a
Negative Declaration.
ORDINANCE NO. 191 (second reading) 117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 22- 041 -15 LOCATED ON
THE EAST SIDE OF BERYL STREET, 1000 FEET
SOUTH OF 19TH STREET FROM A -1 TO R -1.
C. STORM DRAIN PEE MODIFICATIONS. Item was first 48
considered at the February 29 1983 city council
meeting. Staff report by Lloyd Hubbs, City Engineer.
City Council Agenda -4- March 2, 1983
0 ORDINANCE NO. 75 -B (second reading) 50
AN ORDINANCE OF THE CITY COUNCIL OF 'THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING
CHAPTER 13.08 OF THE MUNICIPAL CODE RELATIVE
TO COMPREHENSIVE DRAINAGE PLAN AND DRAINAGE
FEES.
D. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 53
83 -02 - SENIOR HOUSING OVERLAY DISTRICT. An amendment
W Section 61.0277 of the Zoning Ordinance to include an
overlay district containing various development
incentives to produce senior citizen oriented multi-
family housing, as well as site development and general
overlay district location criteria. Staff report by Tim
Beedle, Senior Planner.
RECOMMENDATION: The Planning Commission recommends
approval.
ORDINANCE NO. 193 (first reading) 84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
• OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING
SECTION 61.0217 OF THE RANCHO CUCAMONGA
INTERIM ZONING ORDINANCE CREATING A SENI09
HOUSING OVERLAY DISTRICT.
E. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83- 88
03 - CALMARg. A request to amend the general plan land
use plan from medium -high residential (14 -24 dwelling
units /acre) to high residential (24 -30 dwelling
units /acre) for the development of 167 affordable senior
citizen apartments on approximately 4.55 acres of land
located west of Archibald, north of Base Line - APN 202-
151-34. (Related file: PD 83 -01). Staff report by
Michael Vairin, Senior Planner.
RECOMMENDATION; It is recommended that the item be
continued told — 7-rn°P3. CZf4 (o
RESOLUTION N0. 83 -26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
ADOPTED LAND USE PLAN OF THE RANCHO CUCAMONGA
GENERAL PLAN.
F. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -01 8�
(PARCEL MAP 7827) - CALMARK. A change of zone from R -3
(multiple - family residential /planned development) to R-
3 1SO (multiple family residential /senior overlay) and
the development of 269 apartment units, of which 161 are
City Council Agenda -5- March 2, 1983
intended for senior citizens, on 9.78 acres generally
located west of Archibald, north of Base Line - Parcel 2
of Parcel Map 5792 - APN 202- 151 -34. (Related File:
GPA 83 -03)• Staff report by Michael Vairin, Senior
Planner.
RECOMMENDATION! It is recommended the item be continued
to-%t �, 1983- C7 :? (' (n
ORDINANCE NO. 194 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 202- 151 -34,
DESCRIBED AS PARCEL 1 OF PARCEL MAP 7827 AND
LOCATED WEST OF ARCHIBALD, NORTH OF BASE LINE
FROM R -3 /PD TO R -3/30.
G. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 82 -06 - 90
TENTATIVE TRACT 12320 - LAC. A change of zone from R -3-
T (multiple family residential) to R -3 /PD (multiple
family residential /planned development) and the
development of 116 condominiums on 8.98 acres of land
located at the southeast corner of Archibald Avenue and
• Victoria Avenue - APN 202- 161 -07. Staff report by
Michael Vairin, Senior Planner.
RECOMMENDATION: The Planning Commission recommends
approve of the zone change (PD 82 -06) to R -3 /PD and the
issuance of a Negative Declaration.
ORDINANCE NO. 195 (first reading) 113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCMAONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 202 - 181 -07, LOCATED
AT THE SOUTHEAST CORNER OF ARCHIBALD AND
VICTORIA AVENUES FROM R -3-T TO R -3 /PD.
5. CITY MANAGER'S STAFF REPORTS
A. CONSIDERATION OF RESOLUTION FROM SAN BERNARDINO TO THE 114
MUNICIPAL ORGANIZATION ACT (HORGA) ALLOWING FOR THE
DETACHMENT OF MUNICIPAL TERRITORY. Item was deferred
from the February 16, 1983 city council meeting. The
City of San Bernardino has requested our community join
in opposition to a proposal advocated by the County of
San Bernardino which would amend the Municipal
Organization Act to permit the detachment or removal
Is from a City without the specific permission of the
munbicipality's governing body. Staff report by Jim
Robbinson, Assistant City Manager.
City Council Agenda -6- March 2, 1983
RECOMMENDATION: It is recommended that the City Council
send letters opposing the amendment of the Muncipal
Organization Act.
6. CITY ATTORNEY'S REPORTS
A. PROPERTY TAY REFUND. New State legislation requires 119
cities to reimburse couties when the cities are
rpresented by county counsel in property tax refund
actions. Staff report by Harry Empey, Finance Director.
RECOMMENDATION: It is recommended by our city attorney
that a resolution be adopted providing for defense of
property tax refund actions by the County Counsel.
Under the Revenue and Taxation Code Section 5149, the
City would he required to pay its pro rata cost of the
defense.
RESOLUTION N0. 83 -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING
THE COUNTY OF SAN BERNARDINO AS ITS AGENT FOR
SERVICE OF PROCESS FOR ACTIONS UNDER THE
REVENUE AND TAXATION CODE.
U
4�
:r
126
7. COUNCIL BUSINESS
A. CONSIDERATION OF PLANNING C% IISSION VACANCY. 127
R. ADJOURNMENT
The meeting to adjourn to the next regular City Council
meeting on March 16, 1983 at 7:30 p.m.
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17479 1909 C G ENGINEERING
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17481 7941 CALIFCNNIA JOURNAL
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17483 21CB CENTRAL CITIFS SIGN SER
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7784 PICCEFR CCNSUCTA4TS
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17560
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3102183
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3/02/93
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3/02/83
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3/02/93
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SPHl WAT:LNI YFtt
3/02/81
3 /02 /B3
103.40
239.50
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4.00
3
17592
9933 STANFI�LO. KANDYCE
3/02183
L6.00
17593
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3/17/83
13.00
17594
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17595
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1102/93
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17596
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3102/93
13.00
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17597
17598
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3/02/83
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3/02/83
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_. .. PAGE 3_, .
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REFERENCE
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7614 9965
NOUSTPI IL
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3/02/83
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3/02/83
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3/02/83
10.20
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VANGUARD NEST
3/02/83
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3/02/E3
30.00
9993
1 17642 9994
RF.TRCLANE
RO9INSFAR
SVC
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CLALARNG SVC
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3/02/83
56.40
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3/02/83
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3/02/83
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15.00
17647 5999
TI`NIF9. DUKE
91
230.60
17649 VOID
F I.NAL TOTALS
3102/83.,___
r,
_ _ _
FINAL
TOTALS - - 139.963.18
f
n
c ,.
R967 CITY
NCH.
CUCAMONGA
WARRANT
RECONCILI.N
2126/83 ,'
J
- PAC 1
PARR 9
VEN V E
N D O R N A M E
M40.R
Jn uRNAL
DISCOUNT..' NET
'
DATE
REFERENCE.
-
'" '- •� J
-' 10451 -'9750
10455
WELLS
2335 COCA COLA
F]RGC TRUSTEE
POTTIING
- 2/07/A3
Y1P809.62 ,.y_.... —.
..,. .
TOAST
2336 GLEN COLT
CO
2107/63
12131192
105. z8
33.00
J
10457
1650 LL FN.ALF
FEDERAL S
Ff OEP nI SAV lNG
J /a /A3
2.T 96.00
- 10458
A410 SAN 90N0
^NO
CO FMP (R U
- 2/10183 -
-- - -
_ - - - ,4:512.50
10459
8205 SAN p
CC PROAATICN
2/10/83
51.00
10460
10461
1200 CITY OF
0029 CITY OF
AMERICA
RAA019
2110183
9.fl 02.52
-_ J
10462
8n"
8041 ROJAMES
A EMPLOY
EMPLOY "•
2/10/83
2/10183 - -
50.00
- - - - 32A0
- -- t
1 0463
8200 ROBINSON, 01NSN.
JAMES H
2/!0/83
250.00
10464
10465
57CO WASSERMAN
LAUREN M
2/10183
210.00
7314 Mlt NF♦
SHAPON
2/1C183
Z92.90
10466
P645 SPAGNOLA
S%4
SV
2 /lC /83
- 360.00
10467
7665 PACIFIC
r.nUCTS
2/10/63
58.44
10468
C125 ACTION
TRAVEL AGENCY
2111/83
9g6.CC
10469
9451 WILCO
OISTRIHUTI;RS INC
2/15183
938.49
-
j- 10470 - --
7B95 PUD EMPL
RFTIRFMFNT SYS
2115/81-
-..__ .. .':.' 6 :546.24
10471
9510 WOOCt ANO
PACIFIC DVLPMN
2/16/83
4:687.50
16360
1&991
2315 CITY RENTAL
ISCS NAIL DATE
FESTIVAL
1C1201CQ
1/05183
16.00-
17324
Z662 DANITLS
GO. H L
2/16103
t4T.00-
2.370.18-
17352
6604 RLEEN
LlhF CORPORATION
21t6/63
19.84 -
9�000
VOID AFOVMS
ALYC:14TMT
2128/83
15.00-
.
! J
90001
V0f0 FrRPS
AIICNMcNI�
2/28/83
2/28/83
90002
VC 10 FORMS
ALIGNMENT
2129/03
90.03
201110 FORMS
ALIGNMENT
2120183
90.04
]/29/63
90005
20010 FINAL
TOTALS
2/28/83
FINAL
TOTALS 31 :095.49
J
1
'
J
J
'
J
10
VA
V
2349 -B
CITY OF RANCF.O CUCAMONGA
Post Office Box 807
Rancho Cucamonga, California 91730
Attention: City Clerk
Gentlemen:
On behalf of LOUIS GONZALES and YONG GONZALES, individual-
ly and dLa RANCHO CUCAMONGA DRIVE -THRU DAIRY the following claim
is hereby presented pursuant to California Government Code §900
• et sea., in accordance with the laws of the State of CaTiiornia:
1. NAME AND ADDRESS OF CLAIMANT:
I P 'j..
Louis Gonzales
Yong Gonzales
Rancho Cucamonga Drive -Thru Dairy
9768 Palo Alto Street R•o'n 11 .� ' ^
Rancho Cucamonga, CA 91730
2. NOTICE OF CLAIM SHOULD BE SENT TO:
MacLachlan, Burford & Arias
A Law Corporation
150 West Fifth Street, Suite 103
San Bernardino, CA 92401
3. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
alt TRANSACTION WHICH GIVES RISE TO THE CLAIM:
This incident arises out of an automobile accident
occurrring on September 26, 1981 on Hillside Avenue in the City
of Rancho Cucamonga, County of San Dernardino, wherein DANIEL F.
BOUC!! was a passenger in an automobile which struck a utility
[)Ole. .A lawsuit was filed by plaintiff DANIEL P. BOUCH against
these claimants and others under San Bernardino Superior Court,
• Ontario Branch, case number OCV 26390, requesting damages and
naming the claimants herein as defendants. Defendants were
served with said Complaint on December 21, 1982
vl
•
MAC LACHLAN, BURFORD & ARIAS
a eVpLrOn+wG
u lC 1AE: A. nuGG
A LAW <ORPONAnON
nENx[Tn f nX[[!LF
I50 WEST `11N STREET SMITE 103
OFFic[ Mwrr w..CP
P. o. 90X 1409
- _
n
SAN BERNARDINO, CALIFORNIA 92402
OXR "
iELF PXO N[ 1'/Iwi C BS�N9,
X iE V•[L C c A
O•Rr a SEXU X.CX[w
IN REPLY PLEASE REFER TO
R "R
February 10, 1983
E•�IE.
-•XES B. w n w
FI[E NO.
2349 -B
CITY OF RANCF.O CUCAMONGA
Post Office Box 807
Rancho Cucamonga, California 91730
Attention: City Clerk
Gentlemen:
On behalf of LOUIS GONZALES and YONG GONZALES, individual-
ly and dLa RANCHO CUCAMONGA DRIVE -THRU DAIRY the following claim
is hereby presented pursuant to California Government Code §900
• et sea., in accordance with the laws of the State of CaTiiornia:
1. NAME AND ADDRESS OF CLAIMANT:
I P 'j..
Louis Gonzales
Yong Gonzales
Rancho Cucamonga Drive -Thru Dairy
9768 Palo Alto Street R•o'n 11 .� ' ^
Rancho Cucamonga, CA 91730
2. NOTICE OF CLAIM SHOULD BE SENT TO:
MacLachlan, Burford & Arias
A Law Corporation
150 West Fifth Street, Suite 103
San Bernardino, CA 92401
3. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
alt TRANSACTION WHICH GIVES RISE TO THE CLAIM:
This incident arises out of an automobile accident
occurrring on September 26, 1981 on Hillside Avenue in the City
of Rancho Cucamonga, County of San Dernardino, wherein DANIEL F.
BOUC!! was a passenger in an automobile which struck a utility
[)Ole. .A lawsuit was filed by plaintiff DANIEL P. BOUCH against
these claimants and others under San Bernardino Superior Court,
• Ontario Branch, case number OCV 26390, requesting damages and
naming the claimants herein as defendants. Defendants were
served with said Complaint on December 21, 1982
vl
L' 6c�
MAC LACHLAN, IWRFORD & ARIAS
Page Two
February 10, 1983
4. GENERAL DESCR - IPTION OF THE INDEBTEDNESS, OBLIGATION,.
INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IT IS KNOWN
AT THE TIME CF THE PRESENTATION OF THIS CLAIM:
Claimants have been required to retain the services
of attorneys and have incurred expenses in connection with this
matter; claimants have also incurred potential liability to the
plaintiff, DANIEL F. BOUCE, which cannot be determined until such
time as the matter is resolved by settlement, judgment or
verdict.
5. NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES
CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN:
Specific identities are unknown at present but are
believed to be the CITY OF RANCHO CUCAMONGA, its agents and
employees.
6. AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS
•
CLAIM:
(a) Attorneys fees and costs in an undetermined •
amount.
(b) The estimated amount of prospective injury and
damages is not ascertainable at this time but would include con-
tinuing legal fees and costs incurred in defending the litigation
filed by the plaintiff and any liability incurred by the
claimants as a result of the resolution of the litigation filed
by the plaintiff.
DATED: February 10, 1983 MAC LACHLAN, BURFORD b ARIAS.
i
J.
By: Bruce D. MacLachlan
EDM:rr
��
•
.. I '-7w
CLAIM FOR
DAMAGE OR INJURY
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 offer the occurrence
(Gov. Code, Sec. 911.2).
TO: CITY OF
N,af /me of Claimant ` Address Zip Phone vge
/address to which Claimant wishes notices sent.
WHEN did damage or injury occur? &A�,eIJI—l.-
WHERE did damage or injury occur?
HOW and under what circumstances did damage or injury
I occur? Lei ru.,rad k Lr*�r,z. L d,.t CZ IL
`l�C A'44klz[I Coi_ Ls.L�`o FzC LIcl —rti /ad QruC
all Oh..i•
WHAT particular action by the City, or its employees, caused the alleged damage or injury?
(Include names of employees, if known)
1
?,.'y'�i..lr�.�
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)
� n '
Total Amount Claimed: $ to
NAMES and addresses of witnesses, Donors and Hos itali Of °nNi' :j0 CiICAi,l0WA
P hlla R:,T!C'N
r.: ;; t
?MS!9! 6
P, UATE a (p ?g) Signoture of aimant
CITY OF Frlr; !i0 CUCFd,lOKA
r�orn,ih�s'ra;:nor;
F J 1 ,) Ddom Aromdee
6510 Archibald Ave
AM PM Alto Loma, CA 91701
718s !9111,12 ,1!213141516
February 7, 1983
City Council of Rancho Cucamonga
Dear Council:
On December 24, 1982 at approximately 2:45 p.m., a City
Eucalyptus tree rooted on the City property fell over because of the wind
storm and demolished my brand -new Datsan Sentra (with only 1800 miles)
which was parked in the garage at 6510 Archibald Ave where I resided. I
hereby respectfully submit a claim against the City of Rancho Cucamonga
for $636.12 which represents my net loss of the above vehicle mentioned
after final settlement from my insurance company and the allowance for the
depreciation. In as much as I feel the City was negligent in allowing this
tree to stand on city property in its deteriorated condition after repeated
requests from my landlord owner to have the tree removed. I feel it is
only fitting to submit this claim at this time.
It is noteworthy to mention that my sister -in -law escaped death
by a matter of minutes from the same mishap by getting out of the car and
this claim could have been much higher for the price of a human life.
I trust your Council will proceed with a speedy response with
this claim and will spare the City additional time, expense, and legal, fee
by reimbursing me for my loss.
Also it should be noted that this claim is waiving any consideration
for my inconvenience, current transportation necessities and trauma brought on
by this mishap.
Respectfully yours,
cZ; >r' �.
Udom Aromdee
x
n
U
•
•
•
•
`J
— COPYa ' - ai Ty me..' At .rrr:r...n.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSNSI
To: Nponmem of Almbofe bereroge Co..,
1901 Mwdnry UIZI a[— e.:.li�n.
Soa.m.nne, CdB. 9S810 -
r.r..m.r .ae..
The andhot -d beeeby eppbef br
li.emn der.nbW m lolla.r
1. Wli OF LICf.HL I
P:f NO. y
I W :iellZ Grit- -LIL
EtiLis YL.':LL
Applied ender Sec 29041 [a,
ERemn, Dole: 2"`T`Ad
FECfIPi,Nq, .1
GEOGRAPHICAL
COCf W,c .
Chile
hti.d
2. Ni OF APpLICANi(S)
Temp Pe.m:I
Met- Dale.
2ftCMrZ d'l COi^[G SSA ^G, 1nG,
]. TYPE(S) OF 1RANSACDON(9
FEE
t
` DEDEBtl£D
E,jlame aI Lett ..,. ul'Pr
-RA
ADMINISTRATION
S. Lxahee of 1.11 e- Nember tend Snr.n
t_hill Bo01ward
FEB C1 °_=]
-
70 D 1ILlRpES~
L1F33O.
_1016;p
Ane Code o c smava 91110 SRn Aemnidlno
TOIM
6. If Eremvo Le,med. 1, A.e lemi.v held.
.pn_ „na_ •,,,..a..SS'e °':,: CG'u'O:: "u' °e:Je %!, suit. 1r OnVinu, CA 91%23 Fl:
9. Hat. yea, e.e Hem — lead el a felanyi 10 Nape you ever ri.I.I-1 any of the pran6om of Me Ale
be.emi Comrol An or re loam of be Oepamnen
einq ro rbe Atli 10
IL FeOlai, e'TFS' minor to Uemv 9 at 10 an oe mmahmem .MeF vball be deemed poi of the Opp rtonon. --
1] AW1 ogreev (a11M1or any m rai employed In eneole Ltemed pgmem .ill bare all 16e gvoU many of a homer
_ Ibl r_bai M1<.AI ,or .ialarp_m eeme or pe.me ro be rialared .a, of rbe proriiom el rhe_Akoln ie be...... Cmi Ad.
' 13 . Si4f O( CALIFORNIA Counry of Dole ..
Z.ramr i. y, Maa «d a
. w
getee ie. .Mn . .rMm
j^ u.��.tsia'1entot i^lr S•;nNFf[FfSHOPa. i e- 'w ..... .. ..... ....ere at
Jrp C!' :ICl:oel J. SoaIe1'.I2c
APPLICATION RY TRANSFEROR '• „$
S. STALE OF CALIFORNIA Cann, of Don
M.w
+Nn
r env n+ramee'
r r.n....r .. ..... e.:r: w. wr - n ...:..,.. nrr .. •.me.. r
le Nam.1v1 al 1 unveil' _ 17 of Liamee(0 16. LiN a Nan
_J:•_.1,•A._.' ank 1. _ : _ _ _� 6) -0867]
19, 1a<mmn and 9n rn City a.d iq cnl.. Ceanro
1 ^_rr• _ ',w _ ___ X1.1 -rr 71 aA _... merAlw..
' O.-NotM'neN.mrr : roe Liar; Fae DrlMnmraT Cie 049 -
I AnaanAA 12 Cil ed^orin, >
., QbdadorY pope.. ':��
'. - ❑ ..... ...:. ... .................COPIES MAILED
i •
6
t
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 2, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Monte Prescher, Public Works Engineer
C�CAAlp
\�r 9
SUBJECT: Award of Contract for the Hillside Road Reconstruction Project,
Phase I and II
Per previous Council action, bids have been solicited and received for the
improvement of Hillside Road from Sapphire Street to Amethyst Street and Beryl
Avenue from Manzanita Avenue to Hillside Road. Of the twelve bids received,
Riverside Construction Co. submitted the apparent low bid of $409,999.99. The
Engineer's Estimate is $450,000.00.
Funds for the major portion of this project have been allowed from Gas Tax
revenues per previous Council action. Funds for a portion of the improvements
on the south side of Hillside and the west side of Beryl adjacent to Heritage
Park are included in the cost of that park development.
The total estimated cost for full improvement on Beryl Avenue and Hillside
Road adjacent to the park based upon the low bid is $54,723. Had the park not
contributed towards the project at this time or had there been no park, the
project would have completed the reconstruction of Beryl within the limits of
the existing curb and completed minor widening on the south side of Hillside
within the limits of the park.
That cost would have been $23,738 based upon the low bid. Therefore, the cost
attributable to the park is the difference of $54,723 and $23,738 or
$30,935.00. The project is crediting the park $1,100.00 ($1.00 per cubic
yard) for approximately 1,100 cubic yards of barrow material; also the
Engineering Division is crediting the Community Services Department $10,000
(206 of 545,000) for the reconstruction of Alta Loma Park. Therefore, the net
park funds to be expended for off -site improvements is $20,000. All off -site
improvements are Gas Tax eligible.
continued....
D
City Council Staff Report
Award of Hillside Road Reconstruction Project
March 2, 1933
Page 2
RECORMENOATION
Staff recommends that Council award said contract to Riverside Construction
Co., the lowest responsible bidder, for the amount of $451,000.00 (5409,999.99
plus 10" contention) and execute agreement for said project. Staff further
recommends that Council authorize the Finance Director to pay said construc-
tion in accordance with agreement from the following sources in the amounts
indicated:
Park Development Fund $ 20,000.00
Gas Tax Fund $431,000.00
Re S pecfully submitted,
(LBH�f4P:;jaf
Attachment
0
•
tt .
E
CITY OF 00 CUCNID6GA
9.1AfY OF PROPOSALS OPENED
._,. Ili l is iite Road Improvements
i,XAI10 %: fo Ilside Fr,e Amethyst t0 Sapphire
IN... ide Conat. Mathis Const.
L
DATE: January 21, 1983
CONTRACT 110. 05 -01 -57
Fontana Paving Kruger - McGrew Nelson 6 Belding
111 °S
011r :irlEs
DID
AMOUYT
010
As, RII
810
P-OUNT
BID
AN9'INT
BID
AKnU'IT
•i"r. Re a,,I,
Iwvp Sma
-
26.600!.X,
0
37,750.00
-
22,624.74
0
15,000.80
-
9,000 .00
n A.C. Pave - --nt ,I
72, WO S.F.
0.03
2,175.01
0.10
7,250.00
413
9,425.00
0.14
10,150.09
0.18
13.'eso. CU
3 A.C. Re *oval or bu;emg
V,100 S.F.
0.11
4,631.00
0.10
4,210.DO
0,13
5,473.00
0.14
5.894.00
D.15
6,315.00
4 Cn:d P1; ^c i' m.n. w.dt1h
11,1aO L.F.
0.41
4,879.00
0.64
7,516. DO
0.39
4,641.00
0.41
4,879.00
U.70
0,339.00
5 Cerh S G.tter :nval
2,•175 L.F.
1.13
2,920.50
0.50
1,237.50
2.25
5,568.75
2.00
4,950.00
3.50
8,662.50
6 ^class. Fill d G,d. R�9
11,450 C. Y.
1.42
16,259.00
2.50
28,625.00
4.85
55,512.50
3.94
45,113.00
2.Z(I
25,190.90
7 Stro:[. Eu ay. S Bskflll
600 C.Y.
3.75
2, Z50.00
15.00
9,000.00
7.00
4,200,00
8.33
4,990.00
14.00
8,400.00
8 Misc. E.cay., till B grd.
LUmp Sum
-
15,000.00
-
32,500.00
-
3S,0G400
-
29,830.00
-
12,000.00
9 C'usheC A, ^r Sig. Base
1,927 Tuns
5.50
10,598.50
4.75
9,153.25
5.73
11,041.11
6.00
11,562.00
7.00
13,489.00
10 A. C. Paving
6,750 Tans
23.00
155.250.00
25.00
160,750.01)
22.47
151,672.50
23.60
159,300.00
26.00
175,500.00
11 B. A.C. Eerm
2,368 L.F.
1.66
3,930.88
2.10
4,972.81)
1.85
4,380.80
1.95
4,617.60
2.20
5,209.60
12 Cross G.ette^ 5 Spndrl.
1,487 S.F.
3.63
5,397.61
2.60
3,866.20
3.80
5,650.60
3.50
5,204.50
4.00
5,948.00
13 8•' P.C.C. Rolled Cirn
190 L.F.
10.00
1,900.00
6.95
1,320,50
6.68
1,259.20
7.50
1,425.00
7.00
1,330.00
14 8" P.C.C. Curb & Gutter
4,500 L.F.
5.60
26,100.00
6.25
28,125.00
5.62
25,290.00
5.75
25,875.00
6.50
29,250.00
15 12•• P.C.C. Cnrh d Gutter
960 L.F.
10.00
9,600.00
7.25
6,960.00
6.53
-6,268,BO
6.50
6,240.00
7.50
7,200.00
16 P.C.C. Drive 4Pproach
1,400 5.F.
2.15
3,182.00
1.95
2,806.00
2.20
3,256.00
2.45
3,626.00
3.20
4,736.00
17 Catch Basin at Ang. Cris.
2 Earn
773.50
1,547.00
1,575.00
3,150.00
1,600.00
'3,2011.00
1,600,00
3,200.00
1,500.00
3,000.00
13 61'.8•x3' D.B. Culvert
Lump Sur,
-
52,000.00
-
47,800.00
-
43,500.00
-
46500.00
-
44,000.00
19 Catch Basin w/s Beryl
Lump Sum
-
4,300.00
-
4,200.00
-
3,600.00
-
3,600.00
-
4,000.00
20 LOC. Depression, w/s Beryl
Lump Sum
-
700.00
-
1,000.00
-
320.00
-
320.00
-
2,000.00
21 Lac. Depression, e/s Beryl
Lump Sum
-
1,51
-
2,600.00
-
350.00
-
350.00
-
4,000.00
Hi11side Bid Sanury, Pase 2
Riverside Const.
Mathis Boost.
Fontana Paving
Kruger- McGrew
Nelson L Belding
❑E 3
(i Alf If IES
BID
ANOUhi
BID
AMOUNT
BIB
AMOUNT
BID
AMOUNT
BID
AMOUNT
.2
Catch 6u in S L0. R7n. Wsh
Lwip Bem
_
3,700.00
-
3,700.00
-
3,600.00
-
3,660.00
-
4,000.00
21
_." R.C.P., 150J D
76 L.F.
42.00
3,192.00
52.50
3,990.00
40.00
3,040.00
40.00
3,010.00
80.00
6,090.00
2i
4. P.V.C. Pipe
31) L.F.
IU.DO
300.00
5.00
180.00
10.00
300.00
10.00
300.110
33.00
990.00
25
18" 0T '(St, 49.57)
18 L.F.
17.00
306.00
35.00
630.00
33.00
594.00
33.00
594.00
33.00
594.00
26
A4j, Water VaivrS
30 Each
32.00
960.00
25.DO
750.00
35.00
1,050.00
100.00
3,000.00
4D.00
1,200.00
27
Type L or N Makers
9 Each
20.00
1BO.W
50.00
450.00
45.00
405.00
50,00
450.00
50.00
450.00
28
E9neSt. Railing
735 L.F.
18.50
13,597.50
20.00
14,700,00
18.00
13,230.00
18.00
13,230.00
8.00
5,800.00
29
2" n 4" Redwood Header
660 L.F.
1.33
877.80
1.10
726.00
2.00
1,320.00
1.50
990.00
2.00
1,320.00
30
R.W. nMly 20' of 60" IMP
Lump Sum
-
2,000.00
-
3,700.00
-
2,200.00
-
2,200.00
-
4,000.00
31
R.A. n /ely 10'172" 181/54"
Lump Sum
-
4,400.00
-
5,250.00
-
51100.00
-
5,100.110
-
8,000.00
32
P.W. s /ely 40'/54" C`IP
Lump Sum
-
3,200.00
-
6,900.00
-
4,600.00
-
4,600,00
-
10,000.00
33
R.W. si wl/ 65'/60" CAP
Lump Sum
-
6,800.00
-
12,000.00
_
8,800.00
-
8,800.00
.
16,000.00
/
l 34
3' G,rito "1'ee" Drain
108 L.F.
10.00
1,080.00
13.50
1,458.00
8.30
896.40
12.00
1,296.00
9.00
972.00
35
6' Gunite 9,n-h
145 L.F.
14.00
2,030.00
16.00
2,320.00
13.00
1,885.00
20.00
2,900.00
12.00
1740.00
35
C.B. P R.W. 6 Loc. OP.D.
Lump Sum
-
2,000.00
-
3,000.00
-
3,600.00
-
3,600.00
-
3,300.00
37
C.B. P R.A. 6 Loc. Be,
Lump Sum
-
4,000.00
-
3,900.00
-
3,800.00
-
3,800.00
-
5,000.00
38
C.B. n/s of Hillside
Lump Sum
-
4,400.00
-
5,200.00
-
5,300.00
-
5,300.80
-
6,500.00
39
Under Sidewalk Brain
Lump Sum
-
2,450.00
-
1,900.00
-
2,40O.DO
-
2,400.00
-
5,1100.00
40
A.C. Dike Removal
2,031) L.F.
0.20
405.00
0.50
1,015,00
0.50
1,015.00
2.00
4,060.00
1.50
3,045.00
41
6' High Block Wall
80 L.F.
50.00
4,000.00
32.00
2,560.00
30.00
2,400.00
30,W
2,400.00
55.00
4,400.00
TOTAL BID
5409,999.99
$487,301.25
$457,800.00
$459,294.10
S478,981.10
5479,081.10
Corrected Amount
_• ..
..•
-
...
�.
CITY 3FIG10
CDCAWNGA
S. "VARY
OF PROPOSALS
OPENED
. ,., :i: llillsidc
RuaA loprovrmcrtts
GATE:
January
21, 19!'.J
:,;II,da
free kzitl:yst tri
5.,P911ru
CDNTe
ACT NO,
05 -07 -57
E. L.
Yea9nr
Anan Bras.
Jan R.
Carrigan
Tan Cu.
I:crsh:x
„-
Q�L`LITITIES
BID
%410D:Ii
DID
lID11Pr
819
A 100117
DID
N:l-F
6111
AYDUNT
I `II ,-, ` -, as
Lu "P S---n
-
42,000.00
-
42,000.00
-
39,0110.110
-
23,3`19.09
-
50,000.00
? a.C. P1., vuc o, :n n1
70,SD0 S.F.
9.22
0,700.00
0.20
14,500.00
0.09
6,525.00
0.21
15, . JS.W
M",
1.1, 503, 00
3 ,, .C. 1. 11 ;11 v: C, ro`n rl
-V jr.) S.F.
0.12
5,052.00
0.20
RIVE. DO
0.09
3,789.00
0.14
5,894,0:7
D. 2 D
0,420.00
4 Lol -: P11r, 5' -.1 11t1,
11,91.x) L.F.
0.50
5,950.60
.43
5,117,00
0.43
5,117.00
O.6I5
6,120.50
0.50
5,95200
5 -, :, & hotter R� -n;mal
2,475 L.F.
2.00
4,95D.00
2.50
6,187.50
1.07
2,648.25
2,35
5,616.25
2.GO
4,950.00
b U,rllsn. F 1 11 1 Graf. R4'A
11,450 L.Y-
3.00
34,350.00
5.75
65,037,50
3.50
40,075.00
1.63
16,66750
4.07
05,600.00
i S! I, t. E•:. 1v. 4 9.ckf 111
KID C.Y.
6.00
3,600.00
30.00
6,000.00
5.00
3,000.00
9.00
5,400,00
10.00
6, ODO, GO
.• '1•sc. Es nv., fill & q d.
Lu ^Q Sum
-
43,000.00
-
35,000,00
-
30,000.00
-
35,000.09
-
15,000.00
9 Cru<n,n A, or 519. Base
1,9Z7 Tons
6.00
11,56200
MO
15,416,00
6.62
12,756.74
5.60
10,791.20
6.00
11,552.03
10 A. C. Pavrn9
5,750 Tans
Z3.25
156,937.50
20-45
192,D37.50
27.09
1110,257.50
25.67
173,272.50
28.00
169, DW.OD
- - 11 3" a -C- se m
2,366 L.F.
1.50
3,552.00
3.10
7,340.00
2.10
4,972.80
2.15
5,091.20
3.50
0,288.00
12 Cross Gutter, & Sun.Irl.
1,437 S.F.
3.00
4,461.00
3.60
5,353.20
1263
3,910.81
2.60
3,866.20
3.50
5,204.5D
13 D" F.LC. Rolled Curb
190 L.F.
5.00
950.00
5,90
1,121,00
7.35
1,396.50
7.67
1,457.39
7.00
1,330.00
14 B" P.C.C. Curb & Gutter
4,500 L.F.
6.00
27,000.00
5.90
26,550.00
5.88
26,460.0
5.89
26,505.00
6.75
30,375.00
15 12' P.C.C. p;rb & Gutter
960 L.F.
8.00
7,690.00
6.15
5,904.00
6.83
_• 6,556.60
6.95
6,672.00
7.15
6,864.00
/5 P,LC. Onve Anyroac hl,
1,430 S.F.
2.50
3,700.00
2.20
3,256.00
1.58
2,338.40
1.75
2,590.W
2.00
2,960.00
17 Catch 3asln at A19- Crk.
2 Earn 1.200.00
2,4W.00
2,150.00
4,300.00
1,675.00
- 3,350,00
2,551.00
4,914.00
1,503.)
3,000.00
N, bl "', 3' O.D. U'I,,"t
Luny S.m
-
46,000.60
-
38,000,00
-
37,625.00
-
30,300.00
-
18,30.00
19 Catch 0•sm .JS Beryl
Lune Sim
-
4,000.00
-
4,000,00
-
4,900.00
-
4.525-GO
-
3,000.00
20 toc. C. uress inn, .7s 6 ^,,l
Lump Sun
-
600.00
-
1,5DO,D0
_
575.00
-
1,350.06
-
1,000.00
ZI .um. Ceoresslon, e/s Beryl
Lump Sun
-
1,500.00
-
5,200.00
-
2,640.00
-
2,35060
-
I,W0.00
Hitissde Bid 51n1'ry, page 2
E, L.
Teager
Aran Bros,
Jan R.
Carrigan
Ian
-Cn.
%crsNaa
I IE •1S
Q, 46r ITIES
BIO
AR3119T
BID
MOUNT
310
AHGO:IT
BID
AlMunT
810
AM000T
..
atrh 31s, S I.D. Rvi. s ".
Lo- -„ Sum
-
4,000.00
-
3,200.00
-
4,200.00
-
3,8'0.00
-
2,000.00
23
24" 0..C.'., 1,100
To L.F.
60.CO
4,550.1)0
75.OU
5,70D. DO
59.00
4,484. TO
45.00
3.422.00
60.00
4,560.00
24
4° P.V.C. Rio,
3,1 L.F.
6.00
:89.00
16.00
480 -00
5.00
150.00
17.50
525.OU
50.00
1,500.00
15
i,; C'U' ("a 4)17'
16 L.F.
30.00
540.00
53.00
954,00
08.00
1,584.00
27.50
495.00
50.00
90O.00
26
Ada. +ate,
30 Each
60.00
1,800.00
90.00
2,700.00
52.50
1,575.00
25.00
750.00
50.00
1,500.00
27
Type L or G :darka11
9 Each
40.00
360.00
55.00
495.00
42.00
378.00
52.00
468.09
100.00
900.00
28
Equeat. Railing
735 L.F.
18.00
13,230.00
12.50
9,187.50
18.90
13,891.50
19.50
14,332.5D
10.00
7,350.00
29
2" . A- Re3.004 Header
660 L.F.
1.00
660.00
3.00
1,980.00
1.60
1,656.00
2.50
1,650.00
3.00
1,980.00
30
R.A. nI.ly 20' at 60" C4P
Lump S.
-
2,GDOA0
-
2,530.00
-
3,BOD.00
-
3,650.00
-
4,200.00
31
R.Y. n7ely 10':72" 36'/54"
Lump Sum
-
5, OOD. 00
-
6,350.00
-
4,438.00
-
7,500.00
-
4,700.00
32
R.Y. s /ely 40'/541 CeP
Lump Sum
-
4,800.00
-
6,500,00
-
6,500,00
-
7,950.00,
-
7.000.00
3]
R.W. sl.ly 65'/6::" CM?
Lnnp Sum
-
9,600.00
-
10,500,00
-
11,000.00
-
13,566.00
1
8,700.00
34
3• Gunite ".ae" Drain
109 L.F.
12.00
1,296.00
10,25
1,107.00
8.72
941.76
12.10
1,306.80
20.00
2,160.00
35
6' Gunite bench
145 L.F.
18.00
2,610.00
13.00
1,805.00
13.65
1,979.25
20.50
2,972.50
30.00
4.350.00
36
C.B. ? R.W. S Lac. Out.
Lump Sum
-
2,500.00
-
2,700,00
-
3,400.00
-
2, 980. DO
-
2,000.00
37
S8. 0 R.51. IF Luc. Oep.
Lump a.
-
4,swm
-
3,1013.00
-
4,850.00
-
4,025.00
-
2,000.00
38
C.3. n7s of Hillside
Lump Sum
-
4,500.00
-
5,000,00
-
5,000.00
-
6,000.00
-
3,000.00
39
Older Stdewilk O, ain
Lump Svm
-
2,000.00
-
1,900.00
-
' 2,000.00
-
2,020.00
-
2,000.00
40
A.C. Dike Removal
2,030 L.F.
0.20
406.00
.60
1,218.00
0.75
1,522.50
0.8D
1,624.00
1.00
2,030.00
41
6' Hign Block Wall
80 L.F.
30.00
2,400.00
82.00
6,560.00
25.00
2,000.00
30.00
2,400.00
25.00
2,000.00
TOTAL BID
5485,786.50
1568,687,00
5499,627,86
$483,710.45
1497,333.50
1500,643.81
Corrected Amount
QTY OF O0
COCAMONGk
•
SUMMARY
OF PROPOSALS OPENED
I'RO.:FCT: Hillside
Road Improvements
DATE: January 21, 1983
i0CAI 10A: Mollside
From Amethyst
to Sapphire
CONTRACT NO. 05 -D7 -57
Laird
Coast.
T.J.
Crosby
l:E''S
QUANTITIES
BID
AMOUNT
BID
AMOUNT
BID AMOUNT BID AMOUNT
BID AMOUNT
1 N�sc. Renovals
Lur.:p Snm
-
20,000.W
-
27,50D.00
- A.C. Pavement Removal
72,500 S.F.
0.18
13,050.00
0.02
1,450.00
3 A.C. Re^ova
42,100 S.F,
0.30
12,630.00
0.07
2,947,00
4 Cold Plane 5' min. width
11,900 L.F.
0.47
5,593.00
0.45
5,355,00
5 Curb b Gutter Removal
2,475 L.F.
5.15
12,746.25
1.51
3,737.25
6 Unclass. Fill b Grd. Rau
11,450 C.Y.
4.90
56,105.00
2.49
28,510.50
7 Struct. Excay. 6 Backfill
600 C.Y.
16.80
10,080.00
9.53
5,718,00
8 Misc. Excay., fill b qrd,
lump Sum
0
38,500.00
-
27,50D.00
,
9 Crushed As. ar Sig. Base
1,927 Tans
3.56
16,495.12
7.19
13,855.13
_
10 A.C. Paving
6,750 Tons
30.57
206,347,50
29.00
195,750.00
11 8- A.C. Bern
2,368 L.F.
2.90
6,867.20
2..38
6,819.84
12 Cross Gutter S Spodrl.
1,437 S.F.
3.55
5,278.35
2.95
4,386.65
13 B" A.C.C. Rolled Curb
190 LF.
8.35
1,507.50
11.57
2,198.30
14 V P.C.C. Curb b Gutter
4,500 L.F.
7.20
32,400.00
5.50
24,750.00
15 12• P.C.C. Curb b Gutter
960 L.F.
8.10
7.776.00
8.47
3,131.20
16 P.C.C. Drive Approach
1,480 S.F.
2.00
2,960.00
2.22
3,285.60
17 Catch Basin at Ang. Crk.
2 Each
1,400.00
2,800.00
1,320.00
2,640.00
18 61'x8'x3• D.B. Culvert
Lump Sum
-
41,760.00
-
29,700.00
19 Catch Basin v/s Beryl
Lump Sum
-
5,300,00
-
3,300.00
20 Loc. Depression, w/s Beryl
Lump Sum
-
1,400.00
-
550,OD
21 Loc. Depression, e/s Beryl
Lump Sum
-
2,100.00
-
550.00
• • •
Hillside
Bid Summiry, Page 2
Laird
Const.
T. J.
Crosby
ITEMS
DUANIITIES
BIG
AMOUNT
BID
AMOUNT 810 AMOUNT BID AMOUNT BID AMOUNT
22
Catch Basin b L.O. Ran. Wah.
Lump Sum
-
5,3UO.00
-
3,300.00
23
24" R.C.P., 15000
76 L.F.
53.40
4, D58.40
60.78
4,519.28
24
4• P.Y.C. Pipe
30 L.F.
9.25
277.50
11.00
330. DO
25
18• CMP (Sta 49,67)
18 L.F.
99.75
1,795.50
67.22
1,209.96
26
Ada. Water Valve,
30 Each
27.00
810.00
38.50
1,155.DC
27
Type L or li Markers
9 Each
75.00
675.00
88.00
792.00
28
Equest. Railing
735 L.F.
21.00
15,435.00
7.70
5,659.50
29
2" x 4" Redwood Header
660 L.F.
2.60
1,716.07
2.20
1,452.DO
30
R.W. n /wiy 20' of 60" CMP
Lump Sum
-
4,650.00
-
2,343.00
31
R.W. n /ely 10'/12" 18'154"
Lump Sum
-
6,400.00
-
4,565.00
-_ - 32
R.W. s /ely 40'/54" CMP
Lump Sum
-
13,400.00
-
4,400.00
V
33
R.M. s /wiy 65'/60" CMP
Lump Sum
-
15,500.00
-
5,500.00
34
3' Gunite "Yee" Drain
SOB L.F.
14,00
1,512.00
12.73
1,374.84
35
6' Gunite bench
145 L.F.
21.00
3,045.00
17.06
2,473.70
36
C.B. @ R.W. b Loc. Dep.
Lump Sim
-
3,100.00
-
1,375.00
37
C.B. P R.W. b Loc. D.P.
Lump Snm
-
5,300.00
-
3,303.30
38
C.B. n/s of Hillside
Lump Sum
-
7,000.00
-
5,115.00 r
39
Under Sidewalk Drain
Lump Sum
-
2,500.00
-
1,320.00
40
A.C. Dike Removal
2,030 L.F.
1.16
2,354.00
0.27
548.10
41
6' High Block Wall
80 L.F.
No Bid
Sualtted
82.50
6,600.00
TOTAL BID
$596,604.62
$456,070.15
• • •
0
.•
•
tq.
nrmv nc n n Xlnnn n, Tn n %XnXTn e
STAFF REPORT
DATE: March 2, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Paul A. Rougeau, Senior Civil Engineer
Vii/ 3 y�
1977
SUBJECT: Approval of Revision of Traffic Signal Maintenance Agreement
between Rancho Cucamonga and San Bernardino County
This agreement is submitted by the County as a revision of an existing agree-
ment providing for payment by the City to the County for signals at Etiwanda
Avenue and Fourth Street (San Bernardino Avenue). This signal is maintained
by County contractors and is 25% within the jurisdiction of the City. The
existing agreement for the maintenance and electrical power for this signal
calls for payment of our share at a set rate. This rate is now less than
actual cost.
The County, therefore, is requesting replacement of the existing contract with
the new one calling for payment of actual cost plus 5% overhead. Other provi-
sions of the agreement are the same, except that the termination notice period
has been increased to 60 days.
RECOMMENDATION
It is recommended that this agreement by approved by the Council and signed
for the City by the Mayor.
Res tfully submit ed,
L /BO^PAR:jaa
Attachment
j t, .
•
•
•
e
MINUTES OF THE BCARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
December 20, 1982
FROM: B. L. INC-RAM, Director
Department of Transportation
SUBJECT: AGREEMENT WITH CITY FOR SHARED TRAFFIC SIGNAL MAIN: -NANCE
R- CCMMENDATION: Approve Agreement with the City of Rancho Cucamonga
for shared traffic signal_ maintenance of various signal installations as
set forth in Exhibits "A" and "B" of agreement on file in the Office of
the Clerk of the Board.
RACgGRCUYD INFOR::ATION: Traffic signals and highway lighting
facilities have been installed and are maintained at the designated
intersections of City streets and County roads. This agreement sets
forth the particular maintenance functions to be performed by City and
County and specified the distribution of costs of maintenance and
operation between, City and County.
R -ASCII FOR RECCMMENDATION Previous agreement between the City and
County provided for reinbursement of maintenance and operation Costs
based on a fixed rate per installation. This revision will provide for
sharing of the actual costs plus a small (57) administrative overhead
charge and will eliminate the need to periodically review and adjust
fixed rate charges.
RE'1I7'W BY OTHER DEPARTMENTS: The agreement has been reviewed and
approved as to form by Edward Robinson, Deputy County Counsel on
December 7, 1982.
FINANCIAL DATA: The County Road Budget includes funds for the
maintenance of the traffic signals as set forth in this agreement.
TraLsporation w/4 agree.
for sigeture
City of, Rancho Clceronga
c/o Transportation 0.p[
Auditor
Relic tCbrks - Shone
E?' sl
File
Action of the Board of Supervisors
AGREEMENT NO. 82 -841
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
MOTION X_ prMd X _ tL' X
1 2 3 4 5
ANDR�E/E'/p'y /�HAROON CLERK OFF BO AP,
BY LAS I.,l'�'= " =�'x'✓
DATED: `� E 1982 _�
DEPARTMENT OF TRANSPORTATION
COUNTY OF SAN BERNARDINO
AND'FLOOD CONTROL
ENVIRONMENTAL
IMJBLIC WORKS AGENCY
. . . . . . . . . . . .
825 East Third Street • San Bem.ndi.o, CA 92415 • (714) 383-2804
JOHN R. SHONE
UtpVty Administrator for Poboks
B. L. IN GAA%
DQectar
January
7, 1983
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, CA 91730
Attention: Lloyd Hubbs
City Engineer
Gentlemen:
The Board of Supervisors approved the proposed Traffic
Signal Maintenance Agreement between the County and your City,
on December 20, 1982.
Attached are four (4) signed copies, together with a certified
copy of the Minutes of the Board of Supervisor's action.
After execution by the City, please return two (2) signed •
copies to this office for the County's files. If you have any
questions, please contact me at (714) 383-2804.
JAS: nk
Attachments
Very truly yours,
B. L. INGRAM, Director
Transportation Department
By
J h
o A. Steger, Chief
Administrative Services
JOHN JOYNER
C,
•
COUNTY OF SAN BERNARDINO
STANDARD CONTRACT
• Vi
FOR COUNTY USE ONLY
County Dewr.mem
e."-, 1 - -.-
EPWA /Transportation Department
c—,, ve ... iv —, Cpm„en
John A. Steger Pn. E.t. 2804
Budget
Sue -0Erec[ No.
unmF N p,
Cr oren<n[ .p a
cG;
G
SR.l
02p 1
Plojet[ NVn,mi[
ct nJ,w t
,n p- ,
' cF i:rOprorle ,,
[ n �n[n a
4 [t.imsle
map
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
called the County, and
N.rn<
City of Rancho Cucamonga hereafter called CITY
noar.tt
9320 Base Liner Unit C, P.O. Box 807
Rancho Cucamonga, CA 91730
Peon. Bmn D,t.
989 -1851
FeYer,l iU NO. Or Soc ai a <unly Vp,
IT IS HEREBY AGREED AS FOLLOWS:
/Use space below and additional bond sheets. Set forth service to be tendered, amount to be paid, manner of payment, tme
for performance or completion, deem, ination of satis factory performance and cause for termination, other terms and
conditions, and attach plans, specifications, and addenda, if any.)
• W I T N E S S E T H
WHEREAS, certain traffic signals and highway lighting facilities have Seen
installed and are maintained at designated intersections of City streets and
County roads; and
WHEREAS, CITY and COUNTY desire, to set forth herein the particular
maintenance functions to be performed by each and, to specify the distribution
of costs of maintenance and operation between CITY and COUNTY:
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. This Agreement applies to those intersections and facilities named or
listed in Exhibits "A" and "B ", attached hereto and made a part hereof. Upon
approval of both parties hereto as evidenced by approval of the COUNTY's
Director of Transportation and the City Engineer of City of Rancho Cucamonga
siLnal inctallat.ion and /or intersection lighting facilities designated for
maintenance purposes may be deleted from or added to this Agreement by
submittal of a revised Exhibit "A" and "Be which shall, upon said approval
become a part of this Agreement and shall supersede and cancel all previous
exhibits.
2. 111e party responsible for the maintenance work or provision of the
services shall be as indicated in Exhibits "Ali and "B ", except that utility-
• owned intersection lighting will be maintained by the utility owning the same.
Be 12311 000 nay. 11180 ✓ I 1 0th
3• The CITY and COUNTY shall bill each other for the cost of services
provided and shall provide a summary of actual maintenance and power costs of
each intersection within their area of responsibility, as set forth in Exhibits •
"A" and "E ". The cost of maintenance referred to herein shall include all
direct costs, plus a 5% functional and administrative overhead assessment to
cove, indirect costs incurred in providing the maintenance services.
s. The share of costs for the operation and meintenance of traffic
signals shall be based on a ratio of the number of legs of the intersection
that lie within each jurisdiction.
5. Where highway lighting, flashers, or other electrically operated
traffic controls or warning devices have been specifically approved at an
intersection, the maintenance and power costs thereon shall be shared between
CITY and COUNTY in the same manner as provided for sharing traffic signal
costs.
6. Routine maintenance work to be performed under this agreement will
include patrolling, furnishing of electric energy, and furnishing necessary
repairs and /or replacements as required to insure satisfactory service.
Installation of additional facilities is not a maintenance function under this
agreement.
7• The net amount (actual cost less reimbursements or contributions by
other parties) of extraordinary expenses, such as for repair of extensive
damage or replacement of components of the signal installation, shall be
assessed directly against the particular intersection involved, and shall be
the shared expense of the CITY and COUNTY based upon the aforementioned ratio •
for share of costs, and as shown on Exhibits "A" and "1', ". These expenses shall
be assessed regardless of whether the actual damage occurred within an
incorporated or unincorporated area of the intersection. Invoices for said
costs shall be itemized as to materials, including service and expense,
salaries and wages, and equipment rental. The party with jurisdiction over the
location of any facility damaged by others shall make every reasonable effort
to recover the costs of damages from the party responsible for said damage to
any facility.
8. This Agreement shall become effective on January 1, 1983, and shall
supersede all previous traffic signal and lighting agreements between COUNTY
and CITY.
9. This Agreement shall remain in full force and effect until terminated
by either party following a sixty (60) day written notice of intention to
terminate.
10. IT IS MUTUALLY AGREED THAT:
(a) Neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability occurring, by reason of anything done or
Omitted to he done by CITY under or in connection with any work, authority or
jurirdi ^%ion not delegated to COUNTY under this Agreement. It is also agreed
ttaC, purs"ant to Government Code Fection 895.4, C*TY shall fully indemnify and
hold BOUNTY harmless from any liability imposed for in,j wry (as defined by •
rqv ^rrsn en t. Code Section 810.0) occurring by reason of anything done or omitted
to be done. by CITY under or in connection with any work, authority or
jurisdiction not delegated to COUNTY under this Agreement,
?? Page 2 of 3
t` h
• (b) Neither CITY nor any officer or employee thereof, is responsible
for any darage or liability occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any wrk, authority or
jurisdiction not delegated to CITY under this Agreement. It is also agrAed
that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify
and hold CITY harmless from any liability imposed for injury (as defined by
Government Cade Section 810.8) occurring by reason of anything done or omitted
to be done by COUNTY under or in connection with any work, authority or
jurisdiction not delegated to CITY under this Agreement.
TN WJI NESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective official thereunto duly authorized,
•
COUNTY OF SAN BERN
Chav'n in, L'oaA�n SuUINhors fiC,;Ffii C r.,A ;'M1IOCN
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1
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CITY OF RANCHO CUCAMONGA •
EXHIBIT "A"
TRAFFIC SIGNAL INSTALLATIONS
SCHEDULE 1 - MAINTAINED BY COUNTY
Maintenance E Operation
Cost Split
No. Location City Count
I. Etiwanda Ave ® San Bernardino Ave 25$ 50%
(25% City of Ontario)
SCHEDULE II - MAINTAINED BY CITY
No. Location
(NO LOCATIONS PARTLY IN COUNTY)
.y
f (
•
•
• CITY OF RANCHO CUCAMONGA
EXHIBIT "B"
INTERSECTION LIGHTING
SCHEDULE I - MAINTAINED BY COUNTY
Maintenance E Operation
Cost Split
No. Location City Count
1. Etiwanda Ave G San Bernardino Ave 25% 50 %,
(25% City of Ontario)
SCHEDULE It - MAINTAINED BY CITY
No. Location
(NO LOCATIONS PARTLY IN COUNTY)
•
•
0
•
— CITY OF RANCHO CUCAMONGA ��cn,trq
STAFF REPORT
DATE: March 2, 1983
TO: City Council and City Manager
1977
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Intent to Annex Tract No. 10045 as Annexation No. 12 to Landscape
Maintenance District No. 1
Tract 10045 located on Haven Avenue north of Hidden Farm Road received final
City Council approval on February 2, 1983.
Attached for City Council approval is a resolution declaring the City's intent
to annex Tract 10045 to Landscape Maintenance District No. 1 and setting the
public hearing for April 6, 1983.
Also attached for preliminary approval is the Engineer's Report for this
annexation.
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving
the Engineer's Report and setting the date of public hearing for April 6,
1983.
ly s
LBHYtK:jaa
Attachments
I ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.1
ANNEXATION NO. 12
.17ENTATI VE TRACT NO /0045
IN THE CITY 06 RANCHO CUCAMONGA
COUNTY or & mRNAROMO
STAra or UUTORN /A
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x A \ -' inn n.n. xn Y � �' nw. N •^0�.. .
\ P \H- A S E 2, .... �'
P H A%S E
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CITY 01: RANCI io CUCANIONGA
ENGINEERING DIVISION
VICINITY MAP
C'.
A
N
page
V"AWK • E STLAND VENTURE COMPANY
F- 1
L-A
•
December 23, 1982
City of Rancho Cucamonga
P.O. Box 793
Rancho Cucamonga, CA 91730
RE: TRACT 10045
In accordance with City policy and our conditions of
approval for Tract 10045, we hereby indicate our willingness
to join the Landscape Maintenance and Lighting District
as established by Resolution No. 79 -81 of the City of
Rancho Cucamonga.
A.W.J. N1, et al
BY:-fz(---,) j s
Sam A. Angona, a gener1
partner
SAA /jg
1152 NORTH MOUNTAIN AVENUE • SUITE 104 UPLAND, CALIFORNIA 91786 - 714/981.0228
0
A PUBLIC HEARING FOR THE ANNEXATION TO LANDSCAPE MAINTENANCE
DISTRICT NO. 1 AN ASSESSMENT DISTRICT
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. 12 TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO.
NOTICE 15 HEREBY GIVEN THAT ON APRIL 6, 1983 AT THE HOUR OF 7:30 •
P.M. IN THE CITY COUNCIL CHAMBERS AT 9161 BASE LINE, IN THE CITY
OF RANCHO CUCAMONGA, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
THE WORK, OR EXTENT OF THE ASSESSMENT DISTRICT, MAY APPEAR AND
SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT OR 'WHY
SAID DISTRICT SHOULD NOT BE FORMED IN ACCORDANCE WITH THIS
RESOLUTION! OF INTENTION. PROTESTS MUST BE IN WRITING AND MUST
CONTAIN A DESCRIPTION OF THE PROPERTY IN WHICH EACH SIGNER
THEREOF IS INTERESTED, SUFFICIENT TO IDENTIFY THE SAME, AND MUST
BE DELIVERED TO THE CITY CLERK OF SAID CITY PRIOR TO THE TIME SET
FOR THE HEARING , AND NO OTHER PROTESTS OR OBJECTIONS 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 OESCR IBED.
DATE POSTED
LLOYD B. Hiu-M, CITY ENClEER •
RESOLUTION NO. *
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO _
CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY
ENGINEER'S REPORT FOR ANNEXATION NO. 12 TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (TRACT 10045)
WHEREAS, on March 2, 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 of 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 2nd day of March, 1983.
AYES:
NOES:
0 ABSENT:
CITY OF RANCHO CUCAMONGA •
Engineer's Report for
ANNEXATION NO. 12
to the
Landscape Maintenance District No. 1
Tract 10045
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 Tract 10045 as well as
on the lots directly abutting the landscaped areas. All landscaped areas to
be maintained in the annexed tracts are shown on the Tract Map as roadway
right -of -way or easements to be granted to the City of Rancho Cucamonga.
SECTION 3. Plans and Specifications •
The plans and specifications for the landscaping have been prepared by the
developer and have been approved as part of the improvement plans for Tract
10045. The plans and specifications for the landscaping are in conformance
with the Planning Commission.
Reference is hereby made to the subject Tract Map and the assessment
diagrams for the exact location of the landscaped areas. The plans and
specifications by reference are hereby made a part of this report to the same
extent as if said plans and specifications were attached hereto.
SECTION 4. Estimated Costs
No costs will be incurred for parkway improvement construction. All
improvements will be constructed by developers. Based on historical data,
contract analysis and developed work standards, it is estimated that
maintenance costs for assessment purposes will equal thirty ($.30) per square
foot per year. These casts are estimated only, actual assessment will be
based on actual cost data.
The estimated total cost for Landscape Maintenance District No. I
(including Annexation No. 12 comprised of 9700 square feet of landscaped area)
is shown below:
Total Anmial Maintenance Cost
$.30 X 271,046 square feet $31,313.80 •
Engineers Report
Annexation No. 12
• Per Lot Annual Assessment
81,313.80 = 44.43
1330
Per Lot Monthly Assessment
44.43 = 3.70
12
Assessment shall apply to each lot as enumerated in Section 6 and the
attached Assessment Diagram. Where the development covered by this annexation
involves frontage along arterial or collector streets, which are 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 S. 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. 12 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, 1983, to determine
the actual assessments based upon the actual costs incurred by the City during
the 1982/83 fiscal year which are to be recovered through assessments as
required by the Landscape and Lighting Act of 1972.
SECTION 7. Order of Events
1. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary Approval of City Engineer's
Report.
3. City Council adopts Resolution of Intention to Annex to District and sets
public hearing date.
4. City Council conducts public hearing, considers all testimony and
determines to Annex to the District or abandon the proceedings.
5. Every y-2ar 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 inodifies and approves the individual assessments.
RESOLUTION NO. * •y °/
• 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. 12 TO LANDSCAPE MAINTENANCE DISTRICT NO.
1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS
THERETO
NO-I4, THEREFORE BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting
Act of 1972, being Division 15 of the Streets and Highways Code of the State
of California, as follows:
SECTION 1. Description of Work: That the public interest and
convenience require 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 right -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. 12 to Landscape Maintenance District No.
1 ".
40
SECTI OfI 3. Description of Assessment District: That the
contemplated work, in the opinion of said City Council, is of more than local
or ordinary public benefit, and the said City Council hereby makes the expense
of the said work chargeable upon a district, which said district is assessed
to pay the costs and expenses thereof, and which district is 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.
12 to Landscape Maintenance District No. 1"
heretofore approved by the City Council of said City
by Resolution No. *, indicating by said boundary
lines the extent of the territory included within
the proposed assessment district and which map is on
file in the office of the City Clerk of said City.
Resolution No.
Page 2
•
SECTION 4. Report of Engineer: The City Council of said City by
Resolution tlo. * has approved, the report of the engineer of work which report
indicates the amount of the proposed assessment, the district boundary,
assessment zones, titled "Engineer's Report, Annexation No. 12, 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 S. 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 Hearing: Notice is hereby given that
on April 6, 19 3, at the our of 7 p.m. in the City Council Chambers at
9161 Base Line, in the City of Rancho Cucamonga, any and all persons having
any objections to the work or extent of the assessment district, may appear
and show cause why said work should not be done or carried out or why said
district should not be formed in accordance with this Resolution of
Intention, Protests must be in writing and must contain a description of the •
property in which each signer thereof is interested, sufficient to identify
the same, and must be delivered to the City Clerk of said City prior to the
time set for the hearing, and no other protests or objections 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, Landscapin and Li htin Act of 1972: All the work
herein proposed shall a one and came trough 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 Se— —to SK �I9 of t e 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 2nd day of March, 1983.
AYES: * •
NOES:
9
�TMNT nc n A w.nvn rT Tr n MnX7r a
STAFF REPORT V ,
x Yi. Z
u-
DATE: March 2, 1983 .z
TO: City Council and City Manager —�_977
FROM: Lloyd B. Hubbs, City Engineer
BY: Paul A. Rougeau, Senior Civil Engineer
SUBJECT: Award of Contract for Construction of Traffic Signal at Base Line
Road and Vineyard Avenue to M M & H Construction and Engineering
Co.
Bids were received on February 22, 1983 from eleven bidders. The range of
bidding was from a low of $54,990 to a high of $79,292, as listed on the
attached list.
The low bid is 2% above the Engineer's Estimate of $54,000.
RECOMMENDATION
It is recommended that the contract be awarded to M M & H Construction and
Engineering Co. of Bloomington as the lowest, qualified bidder on this project
and allocate $54,000 plus a 10% contingency from Gas Tax funds to cover
construction costs.
Res ctfully su tted,
i
l /
v LBH :ph v
Attachment
171
TRAFFIC SIGNAL AT BASE LINE ROAD AND VINEYARD AVENUE
BID LIST
February 22, 1983
BOND
BID
;A t4 & N Const. & Engineering Co.
x
$54 990
Baxter - Griffin Co., Inc.
x
$63,245
Grissom & Johnson, Inc.
x
$63,890
Paul Gardner Corp.
x
$67,858
Steiny & Co., Inc.
x
$69,873
-_ Smith Electric Supply
x
$70,666
•
- G B & E Electrical Cont.
x
$71,900
Paige Electrical Co.
x
$72,500
. Four Simon, Inc.
x
$74,000
Webb Electrical
x
$75,816
Sierra Pacific Electrical Cont.
x
$79,292
•
E
STAFF REPORT v
DATE: March 2, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Monte Prescher, Public works Engineer
SUBJECT: Approve and Execute informal Contract for the completion of
Vineyard Avenue Street Improvements FAU M /MR- R194(2)
In accordance with the contract specifications and various Government and
Public Contract Codes, it has been determined that the original contractor,
Red Hill Construction Co., for subject project has abandoned the project.
Therefore, in accordance with said specifications and codes, the contractor's
control over the work has been terminated. Also, in accordance with said
specifications and codes, informal bids have been solicited and received
(proposal summary attached) for the completion of the project. Of the six
bids received, the apparent low bid is $255,054.40 submitted by Riverside
Construction Co. Verbal approval of the proposed new contractor has been
received from CalTrans.
RECOMMENDATION
Staff recommends that Council approve the alternative, under Section 10255 of
the Public Contract Code, that the director (City Manager) may direct that all
or any part of the work be completed by employment of other contractors on
informal contracts. Further, that Council approve (concurrent with CalTrans
approval) Riverside Construction Co. to complete, and execute agreement for
the completion of all the work remaining on said project for the amount of
$280,560.00 ($255,054.40 plus 10% contingency); and that Council authorize the
Finance Director to pay Riverside Construction, in accordance with the
agreement, that amount of the original contract from FAU funds and that amount
above original contract from Systems Development funds and collect same amount
above the original contract from the orignal surety.
continued-
C
City Council Staff Report
Award of Contract for Vineyard Avenue Street
Improvements FAU m /MR- R194(2)
March 2, 1933
Page 2
City Council approval of the above proposed contractor and execution of
informal contract does not release the said original contractor or his surety
of the responsibility of the completion of said project. The existing
contracts and bonds will continue to be in effect and binding. The original
contractor has only been relieved of his control over the work.
Respectfully submitted,
LBN:,(V :jaa
Attachments
Ll
C�
L
CITY OF RANCHO CUCAMONGA
SUMMARY OF PROPOSALS OPENED
PROJECT: Vineyard F.A.U. M(MR- R194(2) DATE: February 22, 1983
LOCATION: Vineyard Avenue between nib and Arro® Highway CONTRACT NO. 46 -20 -22
Riverside Const. J.E.G. Const. Fontana Paving Lee Const. E.L. Yeager Laird Const.
ITEMS QUANTITIES 010 AMOUNT BID AMOUNT BID AMOUNT BID AMDUNT BID AvOVNT BID V961T
1 Clearing b Grubbinq Lump Sum
2 RnmiNay E.cayatino 2628 L.Y. 5.00
3 Remnye Sasse 6 Surfacing 5670 S.Y. 1.65
4 Asphalt Concrete 3156 Tons 24.35
5 Aggregate Base 1201 C.Y. 14,00
6 Place Only B" A.C. Oil., 2118 L.F. 1.25
7 8" P.C.C. Curb 6 Gutter 949 L.F. 8.00
8 8" P.L.L. Curb Only 215 L.F. 4.40
9 P.C.C. Misr. Items 31 C.Y. 123.00
10 Minor Concrete (Struct) 21.5 C.Y. 500.00
IS Mi, Iron A Steel 2910 lb. 1.15"
12 15" RCP Class II 12500 34 L.F. 40. GO
13 15" RCP Class 111 15000 27 L.F. 40.00
14 18" RCP Class 71 12500 31 L.F. 40.00
15 30" RCP Class it 12500 166 L.F. 46.00
16 Adjust Manhole to Grade 7 Each 220. DO
17 13 ".22" CSPA 16Ga. 50 L.F. 41.00
18 Type "L" Markers 19 Each 23.00
19 Traffic Signing Lump Sum
20 Traffic Striping Lump Sum
21 Metai Guard Rail 110 L.F. 30.00
22 Relocate Guard Rail 50 L.F. 15.50
23 Traffic Signal Lump Sum
24 B" PVC Sch. 40 Pipe 310 L.F. 8.00
15,000.00
13,140.00
9,355.50
76,848.60
16,814.00
2,647.50
7,592.00
946. DO
3,813.00
10,750.00
3,358.00
1,360.00
1,080.00
1,240.00
7,636.00
1,540.00
2,050.00
437.00
2,300.00
3,300.00
4,180.00
775.00
66,411.80
2,480.00
3.00
1.70
27.00
20.00
1.25
6.90
6.00
110.00
350.OD
1.25
28. OD
28.00
31.50
45.00
200.00
37.00
25.00
35.00
18.00
17. D0
8,000.00 13,264.09
7,884.00 5.17 13,586.76
9, 539. DO 2.81 15,932.10
85,212.00 26.10 82,371.60
24,020.00 0.39 10,076.39
2,647.50 1.35 2,859.30
6,548.10 6.89 6,538.61
1,290.00 4.63 995.45
3,410.00 151.27 4,689.37
1,525.00 325.00 6,987.5)
3,650.00 1.00 2,920.00
952.00 29.00 986.00
756.00 30.00 810.00
976.50 34.00 1,054.00
7,470.00 55.00 9,296.00
1,400.00 200.00 1, 4W.00
1,850.00 43.00 2,150.00
475.00 39. DO 741. DO
2,400.00 1,600.00
3,500.00 4,100.00
3,850.00 34.00 3,740.00
900.00 14.50 725.00
66,411.80 66,411.80
5,270.00 14.00 4,340.00
10.00
1.20
26.78
12.77
1.10
5.75
5.50
100.00
480.W
150
36.00
35.00
43.00
62.00
150.00
49.00
23.00
34.00
17.00
13.00
5, 100. OD
26,280.00 6.59
6,804.00 .95
84, 517. E8 28. Cq
15,336.77 16.00
2,329.F9 1.00
5,456.75 8.50
1,182.50 7.00
3,100.00 120.00
10,320.00 700.00
4,380.00 1.50
1, 224. DO 42.00
972.00 42.00
1.333.00 42.00
10,292.00 55.00
1,050.03 75.0]
2,450.00 31.00
437.00 25.00
2,200.00
3,200.00
3,749.00 40.00
850.00 28.00
67,500.00
4,030.00 12.00
2,110.00 15, 000.00
17,082.00 12.10 31,536.00
5,396.50 3.00 17,010.0[
80,368,00 32. DO 10 5,992.00
19,216.00 15.0G Iq,015.a
2,11 8.07 2.70 4.236.0(
6.066.5 ^6.59
6.7634c
1,505.DO 6.3) 1.354.50
3,720.el 95 90 2,945.0[
15,050.09 5O?-0q 10,750.a
4,390.00 1.10 3,212.00
1,423.00 70,00 2,380.00
1,134.0] 70.70 1,890.0[
1.302.99 23.9? F63. Dc
9, 139.0) 45.09 7,419.00
-;irD 55103 3,850.00
1,55O.eo 33.90 1,650.00
415-on 25.00 475.0(
3.010.07 2.407.00
3,700.70 3,5^7.0(
4, 4W.01 32.00 3,520.0(
1,400.09 32.00 1,600.00
74,000.OJ ba.iW.a
3,R3.P^ 13.-0 4,030.00
TOTALS $255,054.40 $256,036.90 5251.575.48 $264,085.50 S273,456.00 5313,046.90
.0
0
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E
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 2, 1983
TO: Members of the -City Council
FROM: Lloyd Hubbs, City Engineer
BY: Gary W. Richards, Code Enforcement Officer
V�CA_11fjy�
U'
SUBJECT: WEED ABATEMENT PRDGRAM AGREEMENT BETWEEN THE CITY OF RANCHO
CUCAMONGA AND COUNTY OF SAN BERNARDINO
The County wishes to execute a new agreement concerning the above -noted
program. This new agreement is similar to the existing one, except for the
following t:/o changes. The first change increases the maximum amount payable
by the City from $12,000 to $12,500 annually. This increase will bring Rancho
Cucamonga's cost in line with the surrounding cities per the
Auditor /Controller's office. The second change requires the City to make
payments in two increments: the first billing will be one -half of the
contract as seed money; and, the second statement will be an itemized billing
showing all up -to -date costs. At that time, either a credit or additional
changes will be levied. This change was also requested by the County
Auditor /Controller.
Although the second change requires the City to expend funds earlier in the
contract year, it is advantageous for the City to continue this program,
because the City is unable at this time to assume the financial and
administration responsibility of implementing its own weed abatement
program. We will continue to act as a liaison to the community.
RECOMMENDATION: Staff recommends that the City Council approve and execute
this new agreement and authorize the additional $500 funding for said program.
Respectfully submi
Llo 111!3. Hubbs
Ci y Engineer
LBH:G'WR:jr
Attachments
)/6
i
1 A G R E E M E N T
3 THIS AGREEMENT, is nade and entered into this
4 I day of , 1983,• andis by and between Co'un t}
5 O` San Bernardino, a political subdivision of the State o:
6 G:l ifornia, hereinafter referred to as COUZ ;TY, and the City of
7 Rancho Cucamonga, a nunicipal corporation, hereinafter referred
8 to as R2,11CH0 CUCAMONGA.
9 WITNESSETH:
10 -,IHEREAS, COUNTY is currently carrying out a weed
11 abntcmont nrogran under the authority of San Bernardino County
12 �I Code Section 23.031 et seq., and this program is being conducted
in t`.•�e County Service Area No. 70, Improvement Zone A, by the
13
14 County Agricultural Com issioner, and
IS WHEREAS, RANCHO CUCAaO:,]GA i.s situated near to said
16 Ccunty Service Area No. 70 and is presented with weed abatement
w5a
�2�
17 Las }a similar to those of COUNTY, and is empowe r.ed to carry out
weud abatement programs, and
wpw ? 16
° PJHEREAS, each of the parties to this agreement desires
of ";E that a unified, joint program be out in operation to best
20
21 ,,roceed with weed abatement in the territor ics of ench o` these
22 I parties, { ,
23 NOW, THERE ^OP, „.it is agreed and covenanted by the
24 undersigned public entities as follows:
'1. The County Agricultural Commissioner shall conduct
25
26 an annual weed abatement program in the territorial limits of
27 the City of Rancho Cucamonga, pursuant to provisions of the
28 San Bernardino County Code, and rules, and regulations, and
29 conditions agreed to by COUNTY and RANCHO CUCIWONGA for its
territory,. The,conditions shall be as,.follows:
a. COUNTY will not be responsible for cleaning.
31
PAC:vk 32 weeds along roadsides or alleys within the city boundaries of
2-29 -02 33 RANCttO CUCA;dONGA. This service will be performed by RANCHO
,., ,
34 CUCAMONGA °personnel.:'
35 i °.`•b RANCHO CUCAMO'4GA -owned property will be
' a . `...
16 treated as private property .a nd: billed separately fron this
o..
� I51 es 191c1 !
,
1
agreement.
2
C. The abatement service fee will be based on .
3
t' ^.e total indirect proeram costs less any surplus fees over the
4
direct costs of abatement. '.
5
2. In consideration for the performance of oaragra -h
6
1 above, pertaining to territory of RANCHO CUCAMONGA, RANCHO
7
CUCMONGA shall pav to COUNTY a sum not to exceed Twelve Thousand
8
Five Hundred Dollars ($12,500.00) per vear. The actual sum will
19
be determined by the Agricultural Commissioner pursuant to the
10
computation as proved by paragraph 1 a., b., and c. above, who
11
will then provide the City of Rancho Cucamonga with said comoutati-
12
along with the request for payment thereof. RANCHO CUCAMONGA
13
shall then send such payment to the Agricultural Commissioner.
14
The oa_vsent shall be in two portions. The first pgrtion shall
15
be due and paid within the first six months of each contract
zW�
16
year, and shall be in the amount of one -half of the maximum
wo_
17
sum mentioned in this paragraph. Any balance due or adjustment
Wou ^d
18
at the end of the contract vear shall be paid at the end of the
c ?:=
•
19
contract year.
0 =�
20
3. This agreement shall remain in full force and
5 0
°=3
21
effect from year to year, unless terminated, for a period of
22
five (5j years. It may be terminated by either party hereto
23
upon written'notice delivered prior to January 1, of any year.
24
Notice to COUNTY shall be to the Clerk of the Board of
25
supervisors. Notice to RANCHO CUCAM04GA shall be to the City
26
Clerk, City of, Rancho Cucamonga.
27
4. COUNTY shall submit to RANCHO CUCANONGA, not later
28
than January 1, 'of each year, a proposed new sum as a ceiling for
29
this agreement, which may be in the amount of $12,500.00 per
'new y car, othi h "no 'sums so proposed,;by COUNTY the ;
4v
31
previous year's ceiling sum shall be applicable for the ensuing
PAG:vk
32
year. RANCHO CDCAYONGA shall have sixty days in which to reject
12 -21 -3233
such new' sum and terminate this agreement. Otherwise, this
34
agreement shall be in full force and effect with the designated
35
ceiling sum applicable. However, as always, the actual sum for
36
•'_2_J(
a
• 3
2
3
4
5
6
7
8
9
10
11
12
13
i 14
15
Zug 16
W=
y
z.„a
. 17
°o'•'i 18 I
e 19
g z zo
j.i
° Q 21
22
23
24
25
26
27
28
29
31
PAC:vk 32
.,.2 -29 -82 33
34
35
36
each year will be determined by the Agricultural Commissioner as
stated in paragraph 2 aobve.
AT -EST: COUNTY OF SAN BERNARDINO
A::DREE DISHAROON, Clerk of
the Board of Supervisors
By - y CAL MCELNAM, Chairman
Board of Supervisors
ATTEST:
CITY CLERK
By
APPROVED AS TO FORM .
Date: J-4 —?3
ALAN K. MAR'Y.S
Countv Counsel
Byj
r
CITY OF RANCHO CUCAMONGA
By
APPROVED AS TO FOR:f
Date:
City Attornev, City of Rancho
Cucamonga
By
-3 / J
14
CLAIM FOR D.WI. GE ON INJURY
1. Claims for centh , injury to person, or to personol property must be filed not later than .
1CC days 4ter [lie occurrence (Gov. Code, Sec. 911.2).
•. Clcims to! damages to real property must be filed not later than 1 year after the occurrence
i Gov . Code, Sec. 911.2))./. -.
TO: CITY CF AIV -LQ CVC11(n_W5A _
�gPoDn �D MVL-n2S ID3aR MUV C.DURT' 9173 tiKR -79a 3 a
Name of Ciaimant Address Zip Phone tce
10_L�-g -T-Ug Co_L2t- L2RiUC fp CvC» nnoA �R. 9/%30 _
Address to which Claimant wishes notices sent. r
W HIEiN dic or injury occur? FUrhp —,/ �Q 1
WHcRc did damage or injury occur ?� Qpi �aep "U i'n til /G'h
HO',V and under /Icircumstances did damage or injury occur? ri
("AMO hr, ihJ Ytnv..n "1-n('./i �ttlnr. _! 1 'FrP/'C 4-),n * l.)t < 4�lip
�-r.��lown!c%fon. Sofa tttra�i- �heL, w r•e Gv /i,c bSef-7- /lest �� fig.
leq✓G Halo *hl'. }}r"-s were, knoc-Kec( over- on toinyC14 -Z-
,'t",' 1 carticui ,, octicn by tF.a City, or its employees, caused the alleged damage or injury?
(Inclul:•• na, ^.es cf employr -es, if known) e+ 01 l7 ( )
>tpioye es G 8' Rn�D � ofite0
or Ovcr (Ry Inc - ( -o»ce, like the snio e wege 'o1n5c, r 7
WHAT,um do you rIoim? Include the estimated o ou nt of any pr as dive loss, nsofa ✓osifif may be 1<no.vn
at the time of the eresentation of this claim, together will, the basis of computation of the ,mount claimed:
(Altaah cstimctcs or hills, if possible)
losgoals o
S_of O!P� .s (�2D1�1G /p2_�?�? �sLD.°—
SELF )M9, LO pool. M01;1t Le_ ptKSon (00 IJHy fo recover 105, d4 rnnXri4;P)
Es rr 114-r's
Total Amount Claimod: _,! •�
MAI rfa
� n
u .t1n;
IJAM!.', on•1 .;.i:u r;va of ;,ilnrso;, Dne tor, ar"I flospilnls; 71�1•JI���1 •�I' -1 ��h 1'11Jlil
/fell
DAif Sqi(/."'� Si; •.c`.,m nt r'la', •..,.nt —
NINE NE
'J c SIV
INS. CO. • ^! A.J. PONE
Yu. s .oat mOOE� EOOV sLV�E LICENSE • Ei Ae-1 -L
- S +ar 19•wi11111 cn+rOb OB a r++h vellicl !n!!I+ ul prlmialf, or+itw cOrn^Ie1M I uBOR PA.NL$CISi
et WnNnl• Io1 loa r tl+m+9 0 !r`iele+ Illt e+
- In u+. cry l + «min+ ar +err oil« ouv a Ynne!!o ! wn <ol.
91 f
tl
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— — — -
231
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PLEASE. NO CHECH:S—� - - --
Ali S.blmr, in AT c.�l..w•�,�Mr..
AOOITIONAL work CA 'A By 10 IS,, AdNwrN WI mwe, IMI N.OUnp.1c. —
0.111 AM Lore PM AMWNt OPEN ITEMS (net) PARTS .
PARIS PRICIt bASfJ an Slanted Ca"InKII A Rich, CKANGIS WIINWT NOI ITT PAINT MAT, L
ce Cnaeirt ma, 1, added "1 111.11 e1—$ not awmiable I0AIP PI PLAct iI PARTS
IUN110, a nlll 0-11 +J. Aeturn at Pelf lien order l, plated Above lsbmne baud
on Inee m,Rttl no AedeLrnp P+els of labb, may be re0mrtd alter the ,nrk Mt apened —
updamyeerea.,abuwed fSTIMAtE1XPIN11100AYSAY1fNUAtt SUBLET NET
Me u R bl cl- n TV —' "N"ile" to male rt0ou<d lesb +I A'Ah M aprett -
m<m+n•lo en n 11,10^ aono.eged re roo.<ven,ne In vmre 10 <ambum of e. p+ea SALES TAX _
inlmn 1 for .a..a e shale .I LmNabon, And d An, alter, do „, Rabat rwanra
empm,me11 +r A, nwmp I , he to per n,a� ,taut ore termer, .mm� n +.nun INMANCE OEOLYMBLE MUST BE .E5111WTE TOTAL .
1+N.nuee I+l. m Lew Nam end, r1. 1. Attorney, lee and o,vl mM, PAID BEFORE CAR 15 RELEASED.
I have rue m! +Road. arbafal a tops, and above Ron n <r<bl+ulnorum __ -- —Aev.- Charges
Anne, .•e,,.An...wvrve...ns..... .e. an e. ... .....u, .... l. won t TOTAL S-
1'1
(BAR) AA- 2308 -N E
ESTIMATE OF REPAIRS
ONTARIO DATSUN, (Nc.
y /A, DATSUN 1
1025 NORTH MOUNTAIN AVE. s
sNEE* "o._or— sNEE *s
ONTARIO, CA 91762
(714) 983 -9511 +
P.O.• O
+
/� C� P
RE
- S +ar 19•wi11111 cn+rOb OB a r++h vellicl !n!!I+ ul prlmialf, or+itw cOrn^Ie1M I uBOR PA.NL$CISi
et WnNnl• Io1 loa r tl+m+9 0 !r`iele+ Illt e+
- In u+. cry l + «min+ ar +err oil« ouv a Ynne!!o ! wn <ol.
91 f
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— j
tp OrIL -!1
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21'I ------ ---- -- - --- 7wL9 )�)1121;ip.13�4 SIG
— — — -
231
II
nl _
PLEASE. NO CHECH:S—� - - --
Ali S.blmr, in AT c.�l..w•�,�Mr..
AOOITIONAL work CA 'A By 10 IS,, AdNwrN WI mwe, IMI N.OUnp.1c. —
0.111 AM Lore PM AMWNt OPEN ITEMS (net) PARTS .
PARIS PRICIt bASfJ an Slanted Ca"InKII A Rich, CKANGIS WIINWT NOI ITT PAINT MAT, L
ce Cnaeirt ma, 1, added "1 111.11 e1—$ not awmiable I0AIP PI PLAct iI PARTS
IUN110, a nlll 0-11 +J. Aeturn at Pelf lien order l, plated Above lsbmne baud
on Inee m,Rttl no AedeLrnp P+els of labb, may be re0mrtd alter the ,nrk Mt apened —
updamyeerea.,abuwed fSTIMAtE1XPIN11100AYSAY1fNUAtt SUBLET NET
Me u R bl cl- n TV —' "N"ile" to male rt0ou<d lesb +I A'Ah M aprett -
m<m+n•lo en n 11,10^ aono.eged re roo.<ven,ne In vmre 10 <ambum of e. p+ea SALES TAX _
inlmn 1 for .a..a e shale .I LmNabon, And d An, alter, do „, Rabat rwanra
empm,me11 +r A, nwmp I , he to per n,a� ,taut ore termer, .mm� n +.nun INMANCE OEOLYMBLE MUST BE .E5111WTE TOTAL .
1+N.nuee I+l. m Lew Nam end, r1. 1. Attorney, lee and o,vl mM, PAID BEFORE CAR 15 RELEASED.
I have rue m! +Road. arbafal a tops, and above Ron n <r<bl+ulnorum __ -- —Aev.- Charges
Anne, .•e,,.An...wvrve...ns..... .e. an e. ... .....u, .... l. won t TOTAL S-
1'1
Ali S.blmr, in AT c.�l..w•�,�Mr..
AOOITIONAL work CA 'A By 10 IS,, AdNwrN WI mwe, IMI N.OUnp.1c. —
0.111 AM Lore PM AMWNt OPEN ITEMS (net) PARTS .
PARIS PRICIt bASfJ an Slanted Ca"InKII A Rich, CKANGIS WIINWT NOI ITT PAINT MAT, L
ce Cnaeirt ma, 1, added "1 111.11 e1—$ not awmiable I0AIP PI PLAct iI PARTS
IUN110, a nlll 0-11 +J. Aeturn at Pelf lien order l, plated Above lsbmne baud
on Inee m,Rttl no AedeLrnp P+els of labb, may be re0mrtd alter the ,nrk Mt apened —
updamyeerea.,abuwed fSTIMAtE1XPIN11100AYSAY1fNUAtt SUBLET NET
Me u R bl cl- n TV —' "N"ile" to male rt0ou<d lesb +I A'Ah M aprett -
m<m+n•lo en n 11,10^ aono.eged re roo.<ven,ne In vmre 10 <ambum of e. p+ea SALES TAX _
inlmn 1 for .a..a e shale .I LmNabon, And d An, alter, do „, Rabat rwanra
empm,me11 +r A, nwmp I , he to per n,a� ,taut ore termer, .mm� n +.nun INMANCE OEOLYMBLE MUST BE .E5111WTE TOTAL .
1+N.nuee I+l. m Lew Nam end, r1. 1. Attorney, lee and o,vl mM, PAID BEFORE CAR 15 RELEASED.
I have rue m! +Road. arbafal a tops, and above Ron n <r<bl+ulnorum __ -- —Aev.- Charges
Anne, .•e,,.An...wvrve...ns..... .e. an e. ... .....u, .... l. won t TOTAL S-
1'1
ORDINANCE NO. * ;�';/ .
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS
207- 251 - 02,03, and 13, LOCATED AT THE NORTHEAST CORNER OF -.
8TH STREET AND GROVE AVENUE FROM M -1 TO R -3 /PD
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, recommends the
rezoning of the property hereinafter described, and
this City Council has held a public hearing in the
time and manner prescribed by law as duly heard and
considered said recommendation.
B. That this rezoning is consistent with the General
Plan of the City of Rancho Cucamonga.
• C. This rezoning will have no significant environmental
impact as provided in the Negative Declaration filed
herein.
SECTION 2: The following described real property is hereby rezoned
in the manner stated, and the zoning map is hereby amended accordingly.
11.35 acres of land located at the northeast corner of
8th Street and Grove Avenue, from M -1 (Limited
Manufacturing) to R -3 /PD (Multi- Family /Planned
Development).
PASSED, APPROVED, and ADOPTED this 16th day of February, 1983.
AYES:
NOES:
ABSENT:
I
Jon D. Mikels, Mayor
J'1�7
•
L,
n
ORDINANCE NO. *
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER
202 - 041 -15, LOCATED ON THE EAST SIDE OF BERYL STREET,
1000 FEET SOUTH OF 19TH STREET, FROM A -1 TO R -1
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, recommends the
rezoning of the property hereinafter described, and
this City Council has held a public hearing in the
time and manner prescribed by law as duly heard and
considered said recommendation.
B. That this rezoning is consistent with the General
Plan of the City of Rancho Cucamonga.
C. This rezoning will have no significant environmental
impact as provided in the Negative Declaration filed
herein.
SECTION 2: The following described real property is hereby rezoned
in the manner stated, and the zoning map is hereby amended accordingly.
5.25 acres of land located on the east side of Beryl
Street, 1000 feet south of 19th Street, from A -1 (Limited
Agriculture) to R -1 (Single Family Residential).
PASSED, APPROVED, and ADOPTED this 16th day of February, 1993.
AYES:
NOES:
ABSENT:
Jon D. 11 kels, Mayor
7 ' �
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CITY Or RANCHO CUCAMONGA
STAFF REPORT
DATE: March 2, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hobbs, City Engineer
SUBJECT: Storm Drain Fee Modications
Attached for second reading by the Council is Ordinance No. 75 -8 increasing
Drainage fees from $2,500 per acre to $4,050 per acre. As was pointed out at
the Council meeting, this matter received substantial review when the original
fee was established. The proposed increase has been discussed for the past
year.
At the first reading of the Ordinance, several issues were again raised and
members of the Building Industry suggested that modification be developed. To
date, no proposed modifications have been received.
Two areas that are repeatedly brought up on this subject is the area spread
vs. Citywide and establishment of a variable rate based on runoff rates for
different types of properties.
Attached for your information is the section of the Subdivision Map Act which
precludes the use of different runoff rates for various land uses. The map
Act specifically requires that cost be distributed equally within the drainage
plan area.
The City does have the option of splitting the City into areas but this would
restrict severely where we could spend those funds. This would be particular-
ly detrimental within the developed portions of the City,
It has always been staff's opinion and previous Council policy that benefits
are general and the fee should be applied Citywide.
RECOMMENDATION
It is recommended that Ordiance 75 -B be given second reading.
Respectfully submitted,
LOH Jda
Attachment
c
ARTICLE 5. FEES
66483. There may be imposed by local ordinance a requirement for
the payment of fees for purposes of defraying the actual or estimated
costs of constructing planned drainage facilities for the removal of
surface andst.rmwaters fromlocal orneighborhooddrainage areas and
of constructing planned sanitary sewer facilities for local sanitary sewer
areas, subject to the following conditions:
(a) The ordinance has been in effect for a period of at least 30 days
prior to the filing ofthe tentative map or parcel map if no tentative map is
required.
(b) The ordinance refers to a drainage or sanitary sewer plan
adopted fora particular drainage or sanitary sewer area which contains
an estimate of the total costs of constructing the local drainage or
sanitary sewer facilities required by the plan, and a map of such area
showing its boundaries and the location of such facilities.
(c) The drainage or sanitary sewer plan. in the case of a city situated
in acounty having acountyw•ide general drainage or sanitary sewer plan.
has been determined by resolution of the legislative body of the county to
be in conformity with such a county plan; or in the case of a city situated
in a county not having such a plan but in w district having such a plan, has
been determined by resolution of the legislative body of the district to be
in conformity with the district general plan; or in the case of a city
situated in a county having such a plan and in a district having such a
plan, has been determined by resolution of the legislative body of the
county to be in conformity with such a plan and by resolution of the
legislative body of the district to be in conformity with the district
general plan.
(d) The costs, whether actual or estimated, are based upon 0ndine,
bythe legislative bode which hasadopted thelocal plan, thatsuhdi i%n,
and development of property within the planned local drainage rant or
local sanitary sewer area will require construction of the faculties
described in the drainage or sewer plan, and that the fees ore fain%
apportioned within such areas either on the basis of henc Ors ronfe"t'd
on property proposed for subdivision or on the need for such fnalbnrs
created by the proposed subdivision and devclopment of nlhcr pr, perry
within such areas.
(e) The fee as to nny property propowd fur suhdit isinn w n h In such a
local area dues not esccvd the pro rata shwa of the ....moot ,.f iha Imul
net ual or estimated casts .(.I I fact l it ies wil hin such Oren which %cold he
assessuble on such property if such costs were ap purl ion ed un iformly an
a per, ..ere busty.
l'� 1
n
u
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•
• ORDINANCE NO. 75 -B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, AMENDING CHAPTER 13.08 OF THE MUNICIPAL CODE
RELATIVE TO COMPREHENSIVE STORM DRAIN PLAN AND DRAINAGE
FEES
The City Council of the City of Rancho Cucamonga, California does
ordain as follows:
SECTION 1: Section 13.08 of the Rancho Cucamonga Municipal Code is
amended to read as follows:
13.06.010 Intent and purpose.
13.08.020 Drainage plan and local area.
13.08.030 Fees - Payment.
13.06.040 Fees - Amount.
13.08.050 Fees- Deposit and utilization.
13.08.060 Exceptions.
13.08.070 Single drainage fee payment.
13.08.080 Construction by developer- Reimbursement.
13.08.010 Intent and purpose. The city is seriously affected by
surface and storm waters and the continual subdivision and development of
• property within the city has placed a serious demand on existing facilities
Which handle surface and storm waters. In order to plan and develop drainage
facilities for the removal of surface and storm waters and to provide an
equitable manner for the apportionment of the cost of the development of such
facilities, the City Council does determine that a drainage plan must be
adopted and a drainage fee established to provide funds to be used for the
construction of the facilities described in the drainage plan. (Ord. 75,
Section 1, 1979).
13.08.020 Drainage plan and local area. The comprehensive storm
drain plans numbers 1 and 2, the index thereto and the appropriate plan sheets
for the area lying within the city limits of Rancho Cucamonga, together with
construction costs and other related material, which comprehensive storm drain
plans were prepared by the San Bernardino County Flood Control District, and
all revisions or amendments subsequently adopted by the City Council by
Resolution, are hereby found and declared to be the drainage plan for the
city. For the purposes of this chapter, planned drainage facilities shall mean
drainage contained Within the drainage plan. The City Council finds that
drainage problems are approximately of equal magnitude in all areas of the
city, and declares that for the purposes of this chapter, all areas of the
city shall constitute one local drainage area. (Ord. 75, Section 2, 1979).
13.08,030 Feea- Payment.
A. As a condition of approval of a tentative map, a parcel map, the
waiver of a parcel map, director reviews, site approval, location and
development plan, conditional use permit, or the issuance of a building
permit, the city shall require the payment of a fee as provided in this
chapter for the purposes of defraying the actual or estimated cost of
constructing planned drainage facilities for the removal of surface and storm •
waters from the local drainage area. The City Council finds that development
of property within the local drainage area will require construction of the
facilities described in the drainage plan, and the fees are fairly apportioned
on the basis of benefits conferred on the property in the local drainage area
and on the need for such facilities created by the proposed division or
development of property in the local drainage area. The City Council further
finds that the fee as to any property does not exceed the pro rata share of
the amount of the total actual or estimated cost of all facilities pursuant to
the drainage plan which would be assessable on any parcel of property if such
costs were apportioned on a per acre basis.
B. Fees required to be paid by this chapter shall he paid at the
time of issuance of a building permit. (Ord. 75, Section 3r 1979).
13.08.040 Fees - Amount.
A. The fee required to be paid by this chapter is fort' dollars and
fifty cents ($40.50) per one one - hundreth of an acre or fraction thereof.
B. Except as otherwise provided in this chapter the fee shall be
based on the area of the entire parcel with respect to which the building
permit is issued.
C. If the parcel with respect to which the building permit is •
issued is larger than one acre, the fee shall be based on:
1. The area of the developed portion of the parcel. As used in
this chapter, the phrase "area of developed portion of the parcel" means the
area of that portion of the parcel lying within a single rectangle which
encloses all improvements, landscaped areas, storage areas, parking areas,
required access and required setback lines.
2. Notwithstanding the provisions of subdivision 1 of this
subsection, the fee shall not be based upon that portion of the area of the
developed portion of the parcel which was developed prior to the effective
date of the ordinance codified in this chapter, and which remains unchanged,
provided, however, that this exception shall not apply once the total area of
additions to structures, or new structures, constructed after the effective
date of the ordinance codified in this chapter, exceeds fifty percent of the
area of the structures on the parcel which existed on the effective date of
the ordinance codified in this chapter.
D. The amount of the fee and the area for which the fee shall be
considered paid shall be determined by the building official. (Ord. 75,
Section 1, 1980; Ord. 75, Section 4, 1979).
13.08.050 Fees - Deposit and utilization. The fee required to be
paid by this chapter shall be deposited in a "planned drainage facilities
fund" and shall be expended solely for the construction or reimbursement for
the construction of drainage facilities pursuant to the drainage plan or to •
reimburse the city for the costs of engineering, planning and administrative
services to establish, design and construct the plan and facilities up to
twenty -five percent. Initial funds collected may be utilized for specific
• planning and engineering studies as designated by resolution of the City
Council. (Ord. 75, Section 5,1979). '
13.08.060 Exceptions. Drainage fees shall not be required as a
condition of the issuance of a.building permit for:
A. Alterations;
B. Reconstruction;
C. An addition to a single - family residence when the addition does
not exceed six hundred fifty square feet in area;
D. Construction of garages, carports, storage buildings, patio
covers, swimming pools, and similar structures, accessory to a single family
residence. (Ord. 75, Section 6, 1979).
13.08.070 Single drainage fee payment. No portion of a parcel
shall be subject to payment of a drainage fee more than once. If a drainage
fee has been previously paid with respect to a parcel, or portion thereof,
credit shall be given for such prior payment, and a proper apportionment shall
be made, toward any fee payment required by this chapter. (Ord. 75, Section
7, 1979)•
13.08.080 Construction by developer- Reimbursement. Whenever the
• construction of planned drainage facilities is necessary for the proper
drainage of a subdivision, the city may require the subdivider to construct
such facilities with credit being given by the city toward any fee payment '1
required by this chapt If the cost of such construction exceeds the fee
which would otherwis by ,,PPayable with respect to the subdivision, the City
Council will enter in reimbursement agreement with the developer. In the
event a reimbursement agreement is entered into, reimbursement shall be made
only after the fee required by this chapter is collected in connection with a
subdivision or development on other property in the area encompassed by the
reimbursement boundaries described in the reimbursement agreement. The basis
of reimbursement shall be the developer's actual cost of construction of the
planned drainage facilities. The term of a reimbursement agreement shall be
as specified in the agreement. (Ord. 75, Section 8, 1979).
SECTION 2: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in The Daily Report, a newspaper of general circulation
published in the City oC Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this * day of *, 19 *.
AYES:
NOES:
ABSENT:
is
5
•
STAFF REPORT
DATE: March 2, 1983
TO: Members of the City Council and City Manager
FRO': Rick Gomez, City Planner
BY: Rick Marks, Associate Planner
� t
F'.
J
1977
SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT
83 -02 - SENIOR HOUSING OVERLAY DISTRICT - An amendment to
Section 61.OZ17 of the Zoning Ordinance to include an
overlay district containing various development incentives
to producers of senior citizen oriented multi - family
housing, as well as site development and general overlay
district location criteria.
ABSTRACT: Included in this report are the last two staff reports to the
Planning Commission discussing the need for affordable senior citizen
oriented housing in Rancho Cucamona and proposing a series of guidelines
designed to encourage and guide the development of it.
BACKGROUND: At its February 9, 1983 meeting the Planning Commission
approved an ordinance creating a Senior Housing Overlay District with
additional language concerning project quality; the revised ordinance is
attached for City Council review and approval.
Over the past several months, Commissioners and staff have been studying
the possibilities for encouraging the development of senior citizen
housing for individuals and couples of low or moderate income. Staff
has prepared several reports discussing this issue and its related
problems and opportunities and, along with several members of the
Commission, attended a tour of senior housing projects developed by
neighboring cities. The Senior Housing Overlay District is the result
of research and discussion with developers and is designed to set in
place a series of policies and development incentives designed to
produce housing units that can serve low and moderate income senior
citizens while giving the City adequate design control and assurances
that the units produced remain available over the long term to this
population group.
Continued . . . .
Zoning Ordinance Amendment 83 -02
City Council Agenda
March 2, 1983
Page 2
RECOMMENDATION: Staff recommends the following actions:
A. That the City Council find that Zoning Ordinance Amendment 83 -02
creating a Senior Housing Overlay District will not have any adverse
environmental impacts and that a Negative Declaration be issued.
B. That the City Council recommend approval and adoption of Zoning
Ordinance Amendment 83 -02.
C. That staff be directed to develop administrative guidelines for
implementation of the Senior Housing Overlay District and forward
them to the Planning Commission as soon as possible.
Re4ectfjj l ly,6ubmi tted,
lanner
RG:RM:jr •
Attachments: Planning Commission Staff Reports
Planning Commission Resolution 83 -21
City Council Ordinance
•
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9
CITY OF RANCHO CUCAAIONGA
STAFF REPORT
� z
z
IV
DATE: February 9; 1983
TO: Members of the Planning Commission
FROM: Rick Gomez, City Planner
BY: Rick Marks, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT
8- 02 - SENIOR HOUSING OVERLAY DISTRICT - An amendment to
Section 61.0217 of the Zoning Ordinance to include an
overlay district containing various development incentives
to producers of senior citizen oriented multi - family
housing, as well as site development and general overlay
district location criteria.
ABSTRACT: Included in this Staff Report is an Ordinance (and supporting
Resolution) creating a Senior Housing Overlay District, as outlined in
staff's January 26, 1983 report to the Planning Commission, required
Environmental Assessment, and general information regarding staff
actions to create and implement policies and guidelines designed to
promote and guide the development of affordable senior citizen oriented
housing.
BACKGROUND: Over the past several months, Commissioners and staff have
been studying the possibilities for encouraging the development of
senior citizen housing for individuals and couples of low or moderate
income. Staff has prepared several reports discussing this issue and
its related problems and opportunities and, along with several members
of the Commission, attended a tour of senior housing projects developed
by neighboring cities. The Senior Housing Overlay District is the
result of research and discussion with developers and is designed to set
in place a series of policies and development incentives designed to
produce housing units that can serve low and moderate income senior
citizens while giving the City adequate design control and assurances
that the units produced remain available over the long term to this
population group.
ITEM I
C
Zoning Ordinance Amendment 33 -02
Planning Commission Agenda
February 9, 1983
Page 2 •
ANALYSIS: There are four (4) key points to be understood about the
Overlay District. These four points, plus administrative guidelines
which will be brought to the Commission at a later date, are the most
critical aspects of the City's affordable senior citizen housing
strategy.
1. Target Population - Defines by .aye_ and income the segment of
the population that the City intends that the housing units
serve; it is important to keep in mind that the entire
affordable housing strategy and its development incentives were
developed in order to meet the needs of this group - not the
needs of more affluent people or the needs of project
developers.
2. Applicability /Location - Because low and moderate income senior
citizens have special housing needs, not every site that can be
developed for housing is capable of adequately serving them.
Proximity to services, noise levels, and topography are
important considerations.
3. Development Incentives - The development incentives included in
the Senior Housing Overlay District reflect the concerns and
needs of developers of senior projects as expressed to staff
and verified by staff research. They are critical to keeping
the monthly rental costs per unit within a range that low and
moderate income senior citizens can afford. The greater the
number and type of incentives offered the lower the monthly
cost; the more a city requires of a developer, the fewer the
incentives, the higher the monthly cost.
4. Development Agreement - In order to protect the City's position
regarding units developed, and in light of the incentives the
City may have given a project developer, a legally binding
agreement protecting the availability and affordability of the
units to the target population is necessary, particularly if
the units are sold at some future date.
ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California
Environmental Quality Act, staff has conducted an environmental
assessment on the proposed Zoning Ordinance Amendment creating the
Senior Housing Overlay District and has determined that the project will
not cause a significant environmental impact. Staff therefore
recommends that a Negative Declaration be issued.
•
Zoning Ordinance Amendment 83 -02
Planning Commission Agenda
February 9, 1983
• Page 3
NEXT STEPS: Within the next few weeks staff will be developing a set of
administrative guidelines and procedures establishing the detailed
workings of the Overlay District and will send them to the Planning
Commission for review. Included among these guidelines and procedures
will be a Development Agreement which meets the requirements of the
California Government Code (Sections 65864 through 65869.5), a
Step -by -step review of the project submittal process, and general
guidelines.
RECOMMENDATIONS: Staff recommends the following actions:
A. That the Planning Commission find that Zoning Ordinance
Amendment 83 -02 creating a Senior Housing Overlay District will
not have any adverse environmental impacts and that a Negative
Declaration be issued.
B. That the Planning Commission recommend approval and adoption of
Zoning Ordinance Amendment 83 -02 by the City Council.
C. That staff be directed to continue developing administrative
• guidelines for implementation of the Senior Housing Overlay
District and forward them to the Commission as soon as
possible.
D. That the Planning Commission adopt the attached Resolution and
forward a certified copy of it to the City Council.
Attachments: Part I, Initial Study
Proposed City Council Ordinance
Resolution of Approval
h
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CITY OF RANCHO CUCAMONGA •
INITIAL STUDY
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $87.00
For all projects requiring environmental review, this
form must be completed and submitted to the Development
Review Committee through the department where the
project application is made. Upon receipt of this
application, the Environmental Analysis staff will prepare
Part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the public meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 1) The project will have no signi-
ficant environmental impact and a Negative Declaration
will be filed, 2) The project will have a significant
environmental impact and an Environmental Impact Report
will be prepared, or 3) An additional information report
should be supplied by the applicant giving further informa-
tion concerning the proposed project.
PROJECT TITLE: oning Ordin A d t $j__02 (S° inr Hn ainn District)
APPLICANT'S NAME, ADDRESS, TELEPHONE: City Of Rancho Ciicamanga
_P_ 0 Box 807 - Rancho Cilramonga, CA 2172a
NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED
CONCERNING THIS PROJECT: Rick Marks Associate Planner.
Li
LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.)
Not Applicable
LItiT OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS:
iqn P.
I -1
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ePROJECT DESCRIPTION
DESCRIPTION OF PROJECT: A zoning ordinance amendment creating an
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND
PROPOSED BUILDINGS, IF ANY: Not Applicable
DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE
INCLUDING INFOPMATION ON TOPOGRAPHY, PLANTS (TREES),
ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY
EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS):
Not Applicable
e -
Is the Project part of a larger project, one of a series
of cumulative actions, which although individually small,
may as a whole have significant environmental impact?
Not Applicable
11
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C
I
WILL THIS PROJECT: •
YES NO
X 1. Create a substantial change in ground
contours?
X 2. Create a substantial change in existing
noise or vibration?
X 3. Create a substantial change in demand for
municipal services (police, fire, water,
sewage, etc.)?
X 4. Create changes in the'existing zoning or
general plan designations?
.__X_ 5. Remove any existing trees? How many?
x 6. Create the need for use or disposal of
potentially hazardous materials such as
toxic substances, flammables or explosives?
Explanation of any YES answers above: Project has the potential
increa5e
— d—e�tg eaa.L.¢e_cUrrgnt General
31an d goat ions project 1 h th f t' ti
uses in cn m al ArPaq via mixed ilqp dPyP1np tq
IMPCRTANT: If the project involves the construction of
residential units, complete the form on the
next page.
CERTIFICATION: I hereby certify that the statements
furnished above and in the attached exhibits present the
data and information required for this initial evaluation
to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my
knowledge and belief. I further understand that additional
information may be required to be submitted before an adequate
evaluation can be made by the Devf;lopmgyt Review Committee.
Datc February 1, 1983_Signature
Title
1-3
t
IDENTIAL CONSTRUCTION
• The following information should be provided to the City of Rancho Cac_mcnga
Planning Division in order to aid in assessing the ability cf the school
district to accommodate the proposed residential deve ioa :rent.
Name of Developer and Tentative ^_Tact No.:_Acr Applirahln
Specific Location of Project:
1. Number of single
family units:
2. Number of multiple
family units:
3. Date proposed to
begin construction:
•4. Earliest date of
occupancy:
Model
and ? of Tentative
5. Bedrooms Price Rance
k
PHASE PHASE 2 PHASE 3 PH :SE —^T AL
I
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RESOLUTION NO. 83 -21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
ZONING ORDINANCE AMENDMENT 83 -02 AMENDING SECTION 61.0217
OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE CREATING
A SENIOR HOUSING OVERLAY DISTRICT
WHEREAS, 1980 Census information reveals that 7% of the population of
Rancho Cucamonga is age 60 years or older; and
WHEREAS, there exists in Rancho Cucamonga an unmet and growing need
for affordable housing for senior citizens; and
WHEREAS, cutbacks in the federal budget will no longer enable the
federal government to meaningfully come to the assistance of cities by
constructing or subsidizing housing units for senior citizens of low and
moderate incomes; and
WHEREAS, the creation of a Senior Housing Overlay District containing
development incentives will encourage the production of affordable senior
citizen housing units; and
0
WHEREAS, the creation of a Senior Housing Overlay District will •
enable the City and the private sector development community to meet local
needs and maintain local control over housing units produced.
SECTION 1: The Rancho Cucamonga Planning Commission has found that
this project Zoning Ordinance Amendment 83 -02) will not create a significant
adverse impact on the environment and has recommended issuance of a Negative
Declaration of February 9, 1983.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Commission recommends that the City
Council approve and adopt Zoning Ordinance Amendment
No. 83 -02 as written.
2. That the Certified Copy of this Resolution and
related material hereby adopted by the Planning
Commission shall be forwarded to the City Council.
APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY, 1983.
PLANNING,COhMISSION OF--THE/.CITY OF RANCHO CUCANONGA
BY: f, -
_ ,1 `;(� :in7, ' f airman •
a �:
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9
CITY OF RANCHO CUCAMONGA
STAFF REPORT
ABSTRACT: This memorandum will briefly review programs designed to
provide senior citizen housing, and describe a method that staff is
developing to meet these housing needs. It will outline a series of
actions and steps that staff hopes to pursue in the next two weeks in
order to seek Planning Commission approval of the concept at its
February 9, 1983 meeting.
BACKGROUND: In recent weeks the City of Rancho Cucamonga has been
contacted by Calmark Development Corporation, a firm specializing in the
construction of affordable senior citizen rental housing units. Calmark
is interested in constructing a project in Rancho Cucamonga similar to
the projects viewed on the Planning Commission tour. However, as the
City has yet to develop a clear set of policies and procedures for
offering a developer certain development incentivesfor processing this
type of project, staff is defining and developing a methodology and
strategy to do so which will soon be brought to the Planning Commission
for review and approval.
RANCt10 CUCAMONGA GENERAL PLAN - SUPPORTING POLICIES: The availability
and affordability of housing is a primary concern of the City's General
Plan. The General Plan recognizes the need for housing to be made more
affordable to various income groups in the City and proposes a series of
goals and policies whose thrust is designed to meet the needs of low -
and moderate - income individuals and households. In its effort to find
methods to increase housing opportunities for City residents, the
General Plan finds that a "major constraint to affordable housing is not
only higher construction cost but also the density and types of housing
units being built in the City ". The Plan goes on to say that the most
critical housing issue in Rancho Cucamonga is the cost of housing and
consequently the need to expand the number of lower priced housing
units.
ITEM K
�A
DATE:
January 26,
1983
TO:
Members of
the Planning Commission
FROM:
Rick Gomez,
City Planner
BY:
Rick Marks,
Associate Planner
SUBJECT:
AFFORDABLE
HOUSING FOR SENIOR CITIZENS:
UPDATE ON STAFF
ACTT NS
ABSTRACT: This memorandum will briefly review programs designed to
provide senior citizen housing, and describe a method that staff is
developing to meet these housing needs. It will outline a series of
actions and steps that staff hopes to pursue in the next two weeks in
order to seek Planning Commission approval of the concept at its
February 9, 1983 meeting.
BACKGROUND: In recent weeks the City of Rancho Cucamonga has been
contacted by Calmark Development Corporation, a firm specializing in the
construction of affordable senior citizen rental housing units. Calmark
is interested in constructing a project in Rancho Cucamonga similar to
the projects viewed on the Planning Commission tour. However, as the
City has yet to develop a clear set of policies and procedures for
offering a developer certain development incentivesfor processing this
type of project, staff is defining and developing a methodology and
strategy to do so which will soon be brought to the Planning Commission
for review and approval.
RANCt10 CUCAMONGA GENERAL PLAN - SUPPORTING POLICIES: The availability
and affordability of housing is a primary concern of the City's General
Plan. The General Plan recognizes the need for housing to be made more
affordable to various income groups in the City and proposes a series of
goals and policies whose thrust is designed to meet the needs of low -
and moderate - income individuals and households. In its effort to find
methods to increase housing opportunities for City residents, the
General Plan finds that a "major constraint to affordable housing is not
only higher construction cost but also the density and types of housing
units being built in the City ". The Plan goes on to say that the most
critical housing issue in Rancho Cucamonga is the cost of housing and
consequently the need to expand the number of lower priced housing
units.
ITEM K
�A
Affordable Housing For Senior Citizens
Planning Commission Agenda
January 26, 1983
Page 2
The following list of policies was gleaned from the General Plan and
provides a strong foundation upon which to base a senior
citizen- oriented affordable housing strategy:
a. The City shall encourage housing opportunities which are within
the financial capabilities of low- and moderate - income persons
and families (p. 14).
b. The City shall promote programs which meet the special housing
needs of the elderly, handicapped, and minority groups (pp. 15
& 88).
c. The City should encourage a balanced supply of rental and
ownership housing affordable to low- and moderate - income
households (p. 78).
d. The City shall implement programs which assist low- and
moderate - income families, the elderly, handicapped persons,
large families, and minorities in renting and buying existing
housing (p. 83).
e. The City shall investigate the feasibility for special criteria
to provide reduced parking requirements for new housing
projects. If found feasible, the policy would provide for
reduced on -site costs for developers of elderly housing
resulting in lower unit cost (p. 89).
affordable senior citizen housing projects, offer the necessary
development incentives required and yet insure City control over the
design and construction quality of units produced, staff has developed a
Senior Citizen Affordable Housing Planned Development /Overlay
District. This district is patterned on the new Planned Development
District that will soon be brought to the Planning Commission as part of
the new Development Code and contains a range of development incentives,
overlay district location requirements, and the development requirements
which staff believes meets the needs of developers (as expressed
directly to staff) and those of the City.
The following are key points of the Senior Citizen Affordable Housing
Planned Development /Overlay District.
A. Overlay District Location Requirements:
In order to adequately and satisfactorily serve the target population
that this District has been created to serve, any proposed project site
must demonstrate the following conditions and features:
•
Affordable Housing For Senior Citizens
Planning Commission Agenda
January 26, 1983
Page 3
•
1. Appropriate base district zoning.
"c. Land uses in the immediate and surrounding area, current and
projected, must be compatible with the living environment
required by senior citizens.
3. Area infrastructure must be in place or constructed as a part
of the project and capable of serving the proposed project
including:
- streets
- sidewalks
- traffic /pedestrian signals
4. Proposed site topography must be fairly level and easily
transversed by persons of limited mobility.
5. Immediate and surrounding area must be free of serious health,
safety, or noise problems.
6. Proposed site must demonstrate close proximity to commercial
establishments, service providers, and other amenities
including:
- food shopping
• - drug stores
banks
- medical and dental facilities
- public transit (main or frequently served routes)
- open space /recreational facilities
B. Target Population
The primary resident population group that is intended to be served by
the units constructed through use of incentives offered as part of the
Senior Citizen Affordable Housing Planned Develpment /Overlay District
are senior citizens who may meet the following criteria:
1. (a) Married couples - head of household aged 55 years or older
(b) Individuals - aged 55 years or older
2. Individuals or married couples as above defined - combined
annual income that meets the Federal Department of Housing and
Urban Development's Section 8 Rental Assistance Program income
qualifications.
C. Development Incentives
In order to reduce development costs associated with the
construction of housing oriented toward senior citizens of low and
moderate income, the city is prepared to offer a developer some or
all of the following incentives, depending upon the quality, size,
nature, and scope of the project proposed.
t
Affordable Housing For Senior Citizens
Planning Commission Agenda
January 26, 1983
Page 4
•
a. Reduction In Required On -Site Parkins•
The current city standard far on -site parking in multiple
family projects is 2.2 parking spaces per dwelling unit with
one space "per dwelling unit being a covered carport or
garage. The City will grant a reduction in required on -site
parking; the amount of such a reduction is still being
analyzed; a range of possibilities will be inserted into the
final ordinance.
b. Dwelling unit Density Bonus:
In order to maximize net yield per acre, the City will
consider increasing the allowable project density by either
granting a 25% density bonus to the project site's existing
density category (per California Government Code Section
65915) or by granting a request for a change in density
range (per the City's General Plan), or both depending upon
the size, nature, and scope of the project.
C* Fast Track Process in
roj ects submitted under the Senior Citizen Affordable
Housing Planned Development /Overlay District will receive
priority attention and will not be subject to the normal
multiple family project processing schedule; such projects
will be deemed a staff, advisory committee, Planning •
Commission, and City Council priority in order to quickly
review and approve them.
d. Fee Waivers /Reductions
Projects submitted under the Senior Citizen Affordable
Housing Planned Development /Overlay District may receive,
depending upon their size, nature, and scope, a reduction or
waiver of some or all City imposed development submittal and
Processing fees. Such reductions of waivers may affect the
following fee schedule:
- Planned Development /Project Submittal Fees
- Park Fees
Fee reductions or waivers are subject to negotiation between the City
and the project developer and will be granted based upon that amount of
reduction or waiver necessary to place per unit monthly rental costs in
the range affordable to the target population.
•
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•
Affordable Housing For Senior Citizens
Planning Commission Agenda
January 26, 1983
Page 5
City /Developer Agreement Regard inq Long -Term Affordability of Units
Development incentives granted by the City to a developer using the
Senior Citizen Affordable Housing Planned Development /Overlay District
are predicated upon the long -term availability and affordability of the
units for the target population previously defined. In order to insure
that the units remain available and affordable to this group, the
developer will be required to enter into a written agreement with the
City.
In the staff's prior memorandum to the Planning Commission discussing
Affordable Housing for Senior Citizens, a number of general issues were
identified and discussed. Those issues included the following list:
a. financial costs to the City
b. neighborhood character (impacts on neighborhoods)
c. compatibility with existing City goals, polices, and priorities
d. priority to City residents
e. design compatibility (with surrounding area)
f. regulation of user
g. regulation, inspection (of units built)
The Senior Citizen Affordable Housing Planned Development /Overlay
• District is designed to meet all of these potential concerns in a way
that will not delay a project, meet the needs of developers of senior
housing projects and give the City the development control it requires.
NEXT STEPS: In the next two weeks staff will be working on the
following items in order to bring a complete Overlay District and
implementation strategy to the Planning Commission at its February 9,
1983 meeting:
o Refine Senior Citizen Affordable Housing Planned
Development /Overlay District per Planning Commission feedback.
o Consult with the City Attorney to determine type and nature of
ordinances required to implement the Senior Citizen Affordable
Housing Planned Development /Overlay District.
o Consult with the City Attorney to determine whether it is
legally possible to give occupancy priority to people who live
in Rancho Cucamonga for a minimum of one (1) year prior to
applying for residence in units constructed under this program.
o Develop any new General Plan /Housing Element policies required
in order to support an overlay district.
o Consult with interested developers of affordable senior citizen
housing and citizens in order to gain their feedback.
is
Affordable Housing
Planning Commission
January 26, 1983
Page 6
ty Planner
For Senior Citizens
Agenda
tied,
•
RG:RM:jr
Attachments: November 22, 1982 Planning Commission Memo
Parking Survey For Housing For Elderly
February 10, 1982 Memo To Transportation Commission
Table 1
Sample Fee Reduction /Waiver Agreement
•
•
CITY OF RANCHO CUCA \TONGA C' � ` "t?t
°�—
MEMORANDUM %' .,
DATE: November 22, 1982
TO: Members of the Planning commission
FROM: Rick Gomez, City Planner
8Y: Rick Marks, Associate Planner
SUBJECT: PLANNING COMMISSION TOUR OF SENIOR CITIZEN HOUSING PROJECTS
On Saturday, November 20, 1982, several members of the Planning commission,
three members of the City's V.I.P. Senior citizen Club, and staff toured
three Senior Citizen housing projects located in Ontario, Azusa, and
Duarte. The tour was led by Larry Persons, Project Manager for Calmark
n the construction and opera-
Development Corooration which specializes i
tion of Senior Citizen housing projects. ( Calmark built and operates
the Azusa and Duarte Heritage Park projects visited on the tour.)
• The tour began at 9:00 a.m. at the Planning Division offices and
ended at 1:30 p.m. For the tour staff prepared evaluation sheets for
the Commissioner's use in evaluating and reviewing each site; the
members of the V.I.P. Club were also invited to use the sheets and sub-
mit their comments to staff. Items of particular concern during the
tour included architecture /site design, density, landscaping. open
space, recreational facilities, parking areas, safety, and handicapped
accessibility. '
The following table provides some comparative information regarding the
three sites toured.
The Groves Heritage Park leritage Park
(Ontario) (Azusa) (Duarte)
q of units 100 145 120
Acreage 2." 3.5 2.75
Density 42 42 43
(Units per acre)
of buildings 3* ll* 9*
ratio of parking 3 ,5
spaces to units .45
« One building per site 1,0x for rra•eati0n3l and social purposes only
and contained no dwelling units.
- i
Senior Citizen Housing Tour
777 November 22, 1982 •
Page 2
The Groves was financed by the Federal Department of Housing and Urban
Development Section 8 New Construction Program (unfortunately there is
no more money available under this program). The project contains two
3 -story buildings (living units) and one single story recreational build-
ing. Dwelling units are accessed from interior hallways.
The Heritage Park projects developed by Calmark are two story garden style
apartments; there are no interior hallways or common areas within the
buildings. Calmark does not use any federal money or programs to construct
their projects. Rather, they use private sector financing and rely on
city offered developer incentives (density increases, reduced parking
requirements, etc.) to make a project financially feasible and to keep
rents inexpensive.
By and large reaction to the projects as noted in the evaluation sheets
and conversation during the tour was favorable. The projects demonstrated
that if properly designed higher density senior citizen oriented housing
projects can be attractive and contain functional open space and offer a
generally pleasant ambiance. Color slides were taken of the three visited
sites in order to demonstrate them to Commissioners who were unable to •
participate in the tour and to help staff and Commissioners determine those
aspects of the projects which they would like to see incorporated into
similar projects in Rancho Cucamonga.
In the next few weeks staff will be developing a follow up paper to the
one given the Commission which outlined the basic city issues included
in Senior Citizen housing (October 25, 1982). The paper will suggest
policies and standards for Senior housing projects and recommend incentives
that the City can offer developers of Senior housing. Staff will seek
the input of the City's V.I.P. Senior Citizens Club and developers in
shaping policies and will also be reviewing the actions of other cities.
The paper will be presented to the Planning Commission in late December
at a regularly scheduled Commission meeting.
RG:RM:jr
CC: Lauren 41asserman, City 'tanager
Jack Lam, Community Develocment Director
Tin Beedle, Senior Planner
•
"� J
PARKING SURVEY FOR HOUSING FOR FLDF.RLY
Location:
Facility:
Size:
Required Parking:
Prkg. req. after Variance:
Ooini.on of reduced parking
by the city:
I
Manager's opinion:
Location:
Facility:
Size:
Required Parking:
Prkg, rea. after Variance:
Opinion o: reduced narking
by the city:
Managcr's opinion:
Loca tic: ;:
Facility:
Size:
acquir,d PnrF.i n;:
�0 ?inion ni rc;iucc(i nnrkinq
JJ �, tl;u
- ILu)agcr's opinion:
r
Fontana
Steelworkers Cldtimer's Center
150 units
150
77 (.51 sp. per unit)
No problem. Suonlied enough overflow
narking for the balance of the required
number of spaces. Never really needed
the area.
Does not need the spaces he has; however,
could use more handicapped.
Redlands
Citrus Arms
60 units
60
30 '(.50 so. per unit)
No problem. Facility has ample access
to public transportation.
Sufficient narking area.
Ontario
Senior Citizen's Apartment Comnlex
100 units
150
47 (.47 sn, nor unit)
iJ C: o-�ly constructed.
Not occuuiod.`--'
I
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r1
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ter.
•
Location:
Upland
Sycamore Terrace
Facility:
size: -
100 units
Rec,iired parking:
125
Pr'rg. required after Variance:
74 (.74 sp. per unit)
EE
p
r
opinion of reduced parking
by the city:
Parking spaces are sufficient, however,
wished all spaces were covered.
manager's opinion:
Parking is sufficient.
Location:
Rialto
E
Facility:
South Point Villa
size:
100 units
E
Required parking:
150
•
Prkg. required after Variance:
102 (1 -02 sp. per unit) landscazed
E
area on -site designated for paric.nc,
if necessary.
E
Opinion of reduced parking
by the city:
No problem.
E
Manager's opinion:
Only sixty of the peoale living
there have cars.
r
1
r1
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ter.
WILLIAM DORSKY AND ASSOCIATES: RESU'AE OF
HUD ASSISTED
HOUSING
AND
ASSOCIATED
PARKING
Associated
Project and P,ddress
Units
Parking
ROBERT SHARP TOWERS
110
55
,50 sp per un'
North Dade County, Florida
7 Stories
Congregate Facilities
-
National Council of Senior Citizens
R.H. MYERS APARTMENTS
207
50
.24 sp per ua'_
Beachwood, Ohio
10 Stories
HUD Section 231 with
Congregate Facilities
Menorah Park Jewish Home for the Aged
COUNCIL TO1,7ERS
252
38
.15 sp per a -, 4
Miami Beach, Florida
11 Stories
HUD Section 202i8 with
Congregate Facilities
-
National Council of Senior Citizens
STEELWORKERS OLD TIMERS CENTRE
150
75
.50 sp per un.
-. Fontana, California
8 Stories
HUD Section 202/8 with
Congregate Facilities
Steel Workers Old Timers Foundation
National Council of Senior Citizens
ELDERLY APARTMENTS
150
38
.25 sp per un!
Lancaster, Pennsylvania
11 stories
HUD Section 202/8
Jaycee Housing Development Corp.
MAPLE AVENUE HOUSING
80
28
.35 sp per uni
Claremont, New Hampshire
3 stories
HUD Section 202 13 with
Congregate Facilities
National Council of Senior Citizens
'
SENATE APARTMENTS
240
80
,33 sp per uni
Chicago, Illinois
_
4 stories
-.
HUD Section 202/3 with
Congregate Facilities
Cat W l0 Catholic Charities
National Council of Senior Citizens
,�
n
"age 3
Project and Address
ELDERLY HOUSING --
Fairfax County, Virginia
HUD Section 202/6
Arlington Assembly of God Church
PARKLAND PLACE -
Parkersburg, Nest Virginia
8 stories
HUD Section 22104
Parkland Place Associates
ODD FELLOW - REBEKAH HOUSING
Lincoln, Illinois
5 stories
HUD Section 202/8 with
Congregate Facilities
Independent Order of Odd Fellows
ELDERLY APARTMENTS
Bath, New York
5 stories
HUD Section 202/8 with
Congregate Facilities
National Council of Senior Citizens
Steuben County Economic Opportunity Program
FEDERATION TONERS It
Miami Beach, Florida
4 stories
HUD Section 202/8
Jewish Federation of Miami
ERNEST SOHN TOWERS
Cleveland, Ohio
22 stories
Low - Income Public Housing
Cleveland Metropolitan Housing Authority
FRIENDSHIP TOWERS
Dallas, Texas
8 stories
HUD Section 202/8
Independent Order of Odd Fellows
ELDERLY HOUSING
Philadelphia, Pennsylvania
HUD Section 202/8
Opportunities Industrialization Centers
'� 11
9
Associated
Units Parkinq -
100 79 .79 sp 16 ^1
100 [
L
124 70 . 56 sp per
E
150 50 .33 sp per
110 • e-
F
266 r�
E
I50 150 1 space per .l
I50 G9 .46 sp per tj
IFEBRUARY 10, 1982
ITO: TRANSPORTATION .2.1ISSION
FRO:d: DEPARTSLNT OF PUBLIC WORKS
FOR: TRANSPORTATION C0:1!ISSION MEETING OF FEBRUARY 22, 1982
SUBJECT: PARKING REDUCTION FOR WOODBRIDGE MANOR II ELDERLY
HOUSING PROJECT
RECO!.UL.aDATION: -
1. Recommend to the Planning Commission that the request for
a parking ratio of .78 spaces per unit be approved.
ISSUE: .. .
Irvine 1!ousirg Opportunities is requesting a reduction from the- -
City's Parking Ordinance of 1.1 spaces per unit to .76 spaces
per unit for the second phase of their elderly housing project..
1i ?STORY:
Phase T_ of Woodbridge Manor was approved by the Planning Commission
an August 16, 1979, with a parking ratio of .58 stalls per unit.
This ratio did not include the spaces available along the internal .
driveway of the project. When these are included, the parking
ratio becomes .75 spaces per unit.
As the second phase includes a parking reduction as well, staff
determined the need for a parking study to test the effectiveness
oil the reduced parking rates now operating in Phase I. The attached
study prepared by Kunzman and Associates has been submitted in
response to the staff determination. .
i.
P120J'cC^_ DESCRIPTION:
1 .
The proposed project is located on the northwest corner of Lake
Road and the San Diego Creek Channel in the Village of Woodbridge
(oee location map). The project consists of 50 one bedroom units
of 578 square feet. The units are designated for low and moderate
income senior citizens. Planned with a total of 38 parking spaces,
20 spaces would be assignable to resident, and 6 spaces unassigned
for guests. Three additional unassigned curb spaces are also
available along the internal driveway of the development (refer
to site design).
ATTACHMENT
Transportation Con.'kssion
.February 10, 1982
Page 2
ANALYSIS:
RJ
The parking study conducted by Runzman and Associates for Phase I,
evaluated three elderly housing projects. all were funded by
HUD. As shown in Table 1, parking ratios ranged from .23 spaces
per unit to .497 spaces ,per unit. Phase I consists of 100 units
with a parking ratio of .75. Of these, 57 are currently assigned
to residents, two spaces are reserved for temporary parking and
four spaces are reserved for guests. An additional 12 spaces
not counted in the original narking ratio exist along the internal
driveway, brin..gingthe total number of parking spaces for Phase I
to 75.
80th Phase I and the proposed Phase II are HUD projects. HUD
requires residents to be a minimum age and meet certain economic/
financial limitations to qualify for their elderly housing projects
Both Phase I and II consist of the same one - bedroom units. With
these variables held constant, car ownership patterns in Phase I
can be assumed to be similar if not the same in Phase II.
Therefore, the existing parking situation in Phase I provides a
perfect test case for Phase II while simultaneously evaluating
the effectiveness of the 'parking reduction approved in Phase I.
Frequency counts on parked vehicles.(assigned and unassigned)
were conducted during the peak parking demand periods on weekdays
and weekends. The parking demand ranged from a low of 48 parked
vehicles to a high of 56 parked vehicles. The peak observed
parking ratio was .56 cars per unit.
The proposed Woodbridge Manor II provides .76 parking spaces per
unit. Phase I of Woodbridge Manor provides .75 spaces per unit
and is operating well as demonstrated by the latest parking
study. Correspondence from the resident manager of Phase I
(see attachment) lends further support to this conclusion.
CONCLUSION:
The parking provided by Woodbridge Manor Phase II is, greater
than the peak parking demand observed in Phase I of the same
project. While some parking confusion existed in the initial
opening of Phase I, parking has established and no longer are
problems experienced. Staff suggests the move -in days for Phase II
be staggared to avoid parking problem sterming from the additional
vehicles from families and friends assisting residents to settle,
into their new apartments. i
The parking ratio for Woodbridge Phase II has been tested and
found to be working successfully in a project that will have the
same physical unit dimensions, population qualifications, and HUD
funding program. With this substantial evidence, the parking
reduction for Phase II should be approved.
*I
•
u
iranscortation Co:rmission
f• V February 10, 1982
page 3
Submitted by,
MESRIE 47ILE ?IT �TM`'
Assistant Engineer
Attachments: 1. Parking Study
2. Location Map
3. Site Plan
4. Table 1
5. Letter from the Resident Manager .
cc: Leon Napper
Sill Runzman
Chris Jones,
Charles Cleminshaw
Debbie LinD✓
y�
i
Cj{u�l�i;�la�,� ��'ssociates
Transportation Planning Traffic Engineering •
February 9, 1982
Mr. Christopher Jones
W. Christopher Jones and Associates
5951 Canterbury Drive, U
Culver City, CA 90230
Dear Mr. Jones:
On January 26, 1982, at the meeting with the City of Irvine
concerning Woodbridge Manor II, it was determined that a
parking survey of Woodbridge Manor I would be desirable.
Woodbridge Manor II is proposed to have 5o dwellings with
a total of 38 parking spaces. of the 38 spaces, 29 would
be assigned of which two would be assigned for handicapped
persons, and six would be for guests. Additionally, there
would be approximately three curb soap es available to quests•
or residents along the, 32 feet wide internal driveway.
The question is whether these number of spaces are adequate.
To determine adequacy, Woodbridge Manor I was surveyed at
four points in time as summarized in the accompanying
table. Two surveys were designed to determine the maximum `
parking by persons living there (these two were late at
night or early in the morning), and two surveys were de-
signed to determine the maximum guest parking (these two
surveys were mid -day Saturday and Sunday when visitation
would be at a maximum).
The accompanying Parking Survey table reveals the following:
J.. Maximum vehicles parked - 56
2. Maximum vehicles parked in guest stalls or
at the curb on the internal driveway - 13
•
4664 Earranca Parkway .Irvine, CA 92794 . (714) 559 -4231
ATTACHMENT 1
�y
It should be noted that•Woodbridge Manor I has 100 .
dwellings, 59 assignable spaces including two handicapped
.. vehicle spaces, four guest spaces and approximately 12
.
.. unmarked curb spaces (available to guests or residents)
alonq the driveway running the length of the property-',
C=,paring the amount of parking available at Soodbridge
Manor I to the parking demand reveals the,followinc:
1. Maximum vehicles parked per dwelling = 0.56
2. Maximum vehicles parked in guest or
. curb spaces per dwelling = 0.13
3. Assignable spaces per dwelling = 0.59 '
4. Guest or curb spaces per dwelling = 0.16
S. Total spaces per dwelling = 0.75
The conclusion is that there is ample parking to meet the
demand, and that o.59 assignable spaces per dwelling and 0.17
unassigned spaces per dwelling are adequate.
The proposed Woodbridge Manor II will have 0.58 assigned _
parking spaces per dwelling, 0.18 guest or curb spaces per
dwelling, for a total of 0.76 spaces per dwelling. This
•
is more than Woodbridge Manor I has and will be clearly
adequate.
The above calculations include curb spaces along one side of
the 32 feet wide internal driveway which runs the length of
the property. This driveway will have 340 lineal feet of
space which is not opposite perpendicularly parked vehicles.
Although the driveway is not posted or strined to allow
parking, in -field inspection clearly reveals that residents
and guests feel comfortable parking along the driveway and
that parking there poses no traffic operation problems. The
volume of vehicles entering or exiting the site when Woodbridc
Manor I and II are both complete (150 dwellings) will be a
maximum of approximately one vehicle every two minutes. The
probability of an outbound vehicle passing an inbound vehicle
adjacent a parked vehicle will occur less than once per day.
It has been a pleasure to prepare this analysis for you. If
there are questions, or if we can be of further assistance,
please do not hesitate to call.
Sincerely,
Y,U; ;Z;. NN ASSOCIATES
�� N ✓�..... K� w_m.- err- -:�.�.
William xunzman, P.E.
cc: Morrie Wilent
17
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11
SAMPLE FEE REDUCn ON /WAIVER AGREEMENT
AGREEMENT
THIS AGREEMENT is entered into this _ day of t.
-_ 1982, by and between j
a partnership (hereinafter " '1, and the CLTY OF RANCHO
CUMMONGA, CALIFORNIA, a municipal [orooratiOn (hereinafter
"City "), and provides as follows:
WHEREAS, is the owner of acres, more or
less, of land situated within the City at the
., more particularly described
as San Bernardino County Assessor's Parcel No. - . (1981-
]2 assessment roll) (hereinafter the' "property "); and,
NMEREAS, intends to build a
-unit housing project (hereinafter the "project ") on
the property: and,
WHEREAS, .. desires to obtain Some of the incentives
referred to in Section 65915 of the California Government code
in exchange for constructing at least twenty -five percent (251) j
of the total units of the project for persons and families who
are in the catecories defined by Section 50093 of the Califor-
nia Health and Safety Code, and maintaining such units available
to such persons for net less than thirty 001 years;
1
NON', THEREFORE, the parties agree as follows:
{� 1. shall construct at least twenty -five pet-
s
cent (25 ?) of the total units of the project for persons and
families who are in the categories defined by Section 50093
of the California Health and Safety Code. Said units are re-
ferred to herein as the "affordable units ".
2. Ecr lose][ and its successors and as s;q ns,
uarer.s that sell a[fer i.. :a le units wii: he ^"ntaimd 'un i-
rv»nsly available Ear such persona and families for a period
of not less than th:rty (301 years after the dates on which
Z.
iaS.i➢L: "; iil'.y�.': Y:a-n f; ccC'."1,�4u ......n ..... .,.
x..:_
( l
each such affordable units, respectively, is first occupied.
3. . represents that it has entered or will enter
into agreements with the California Housing Financing Authority
(hereinafter "CHFA ") t0 finance the project. warrants
and represents to the City that the CHFA, pursuant to the finance
agreement, has the right and authority to fully control the avail-
ability of, and set the rental rates for, the affordable units
for a period of forty (40) years commencing from the date of com-
pletion of said affordable units. The rental rates shall be set
pursuant to schedules published in the Federal Resister by the
Department of Housing and Urban Development.
4. In the event rental rates for the affordable units
cease to be set in the manner above stated, and in the further
event that rental rates for the affordable units are not set by
CHFA, then the City may, by resolution of the City Council, es-
tablish from time to time rental rates for the affordable units,
and 1. ., for itself, its successors and assigns, agrees
to comply with the rental rates established by the City. Any
rental rate set by City hereunder shall not be lower than the
last rental rates which were published in the Federal Register
by the Department of Housina and Urban Development.
5. In consideration of the foregoing. City shall
(a) Waive City beautification fees applicable to
the project.
(b) Freeze the City fee schedule as it applies to
the project to the schedule in effect for the 1980 -81 fiscal
year. A copy of said schedule is attached hereto as Exhibit "A"
and incorporated herein. ... _
(c) Cstabl:sh a due dale for any applicable project
eugineoring fees as the date upon which the first occupant moves
into one of the affordable units.
(d) Allow use of alternative forms of construction
On the protect if such alturnat ve forms of construction meet
standard industry huildlul prae Llcon and arc approved by the
-_-
ai ^
•
I
t
V
•
•
KI
City and CHIA.
]. City, at its option, may terminate this Agreement
by giving written notice of termination to „ in the
event construction of the project is not commenced within one
(1) year after the date of this Agreement, or in the further
event that construction is not thereafter diligently pursued to
completion.
8. In the event legal action is commenced by the City
to enforce performance of any of the provisions of this Agree-
ment, the party prevailing in such litigation shall be entitled,
in addition to such other relief as may be granted, to recover
reasonable attorney's fees incurred in the connection with any
such litigation, including any and all appeals therefrom.
9, This Agreement shall be binding open and shall in-
ure to the benefit of the successors and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agree-
ment on the day and year first above written.
ATTEST:
v Clty lle[Y
a partner-
ship
BY: „ Partner
BY: _
BY: _.
CITY OF RANCKO CCCA}fOSGA, a Muni-
, •1 cipal corporation
By:
VMayor
r
r
Ir
~ ..,
a�
• ORDINANCE NO. * �.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.0217 OF THE
RANCHO CUCAMONGA INTERIM ZONING ORDINANCE CREATING A
SENIOR HOUSING OVERLAY DISTRICT
The City Council of the City of Rancho Cucamonga, California does
ordain as follows:
SECTION 1: Section 61.0217 of the Rancho Cucamonga Interim Zoning
Ordinance is hereby amended as follows:
SECTION 2: Definitions: The Senior Housing Overlay District is a
floating district that requires certain conditions before it can be attached
to a specific parcel of land and as such is not given a specific location
until a developer applies for it. As a combination Planned Development and
Overlay District, it is intended to include development review, zoning, and
subdivision, all of which shall be conducted simultaneously with required
public hearings. .
SECTION 3: Purposes: It is the overall purpose of the Senior
Housing Overlay District to carry out the following policies of the City's
• General Plan with respect toward Senior Citizens.
a. The City shall encourage housing opportunities .ghich
are within the financial capabilities of low- and
moderate - income persons and families (p. 14).
u
b. The City shall promote programs which meet the
special housing needs of the elderly, handicapped,
and minority groups (pp. 15 & 88).
c. The City should encourage a balanced supply of rental
and ownership housing affordable to low- and
moderate - income households (p. 78).
d. The City shall implement programs which assist low -
and moderate - income families, the elderly,
handicapped persons, large families, and minorities
in renting and buying existing housing (p. 83).
e. The City shall investigate the feasibility for
special criteria to provide reduced parking
requirements for new housing projects. If found
feasible, the policy would provide for reduced on-
site costs for developers of elderly housing
resulting in lover unit cost (p. 89).
)
C. )
Ordinance No.
Page 2
•
The Senior Housing Overlay District is intended to facilitate the
construction of affordable rental housing units that will serve the current
and long term City need for affordable senior citizen oriented dwelling units
while maintaining a high degree of quality in project design and construction.
The District is further intended, by offering various development
incentives, to make the development of senior citizen oriented affordable
units attractive to potential developers while at the same time providing
assurances to the City that units developed by use of the incentives offered
as part of the Overlay District, remain available and affordable to the target
group intended - senior citizens of low and moderate incomes.
SECTION 4: Target Population: The primary resident population group
that is intenaed to be served by the units constructed through use of
incentives offered as part of the Senior Housing Overlay District are senior
citizens who meet both of the following criteria:
1. a. Married couples - head of household age 55 years
or older.
b. Individuals - age 55 years or older.
2. Individuals or married couples - combined annual •
income that meets the Federal Department of Housing
and Urban Development's Section 8 Rental Assistance
Program income qualifications.
SECTION 5: Applicability: The Senior Housing Overlay District
requires the presence of certain conditions before it can be applied for or
attached to a specific parcel of land.
In order to adequately and satisfactorily serve the target population
that this District has been created to serve, any proposed project site must
demonstrate the following conditions and features:
1. Appropriate base district zoning.
2. Land uses in the immediate and surrounding area,
current and projected, must be compatible with the
living environment required by senior citizens and
must be free of health, safety, or noise problems
(i.e. area generally quiet).
3. Area infrastructure must be in place or constructed
as part of the project and capable of serving the
proposed project including:
- streets •
- sidewalks
- traffic /pedestrian signals
r
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Ordinance No.
Page 3
4. Proposed site topography must be fairly level and
easily traversed by persons of limited mobility.
5. Proposed site must demonstrate close proximity to
commercial establishments, service providers, and
other amenities including:
- food shopping
- drug stores
- banks
- medical and dental facilities
- public transit (main or frequently served routes)
- open space /recreational facilities
SECTION 6: Development Incentives: In order to reduce development
costs associated with the construction of housing oriented toward senior
citizens of low and moderate income, the city is prepared to offer a developer
some or all of the following incentives, depending upon the quality, size,
nature, and scope of the project proposed.
• a. Reduction In Required On -Site Parking: The current
city standard for on -site parking in multiple family
projects is 2.2 parking spaces per dwelling unit with
one space per dwelling unit being a covered carport
or garage. The City will grant a reduction in
required on -site parking down to a minimum ratio of
.5 non - covered parking spaces per unit.
b. Dwelling Unit Density Bonus: In order to maximize
net yield per acre, the City will consider increasing
the allowable project density by either granting a
25% density bonus to the project site's exisiting
density category (per California Government Code
Section 65915), or by granting a request for a change
in density range (per the City's General Plan), or
both depending upon the quality, size, nature, and
scope of the project.
c. Fast Track Processinq: Projects submitted under the
Senior Housing Overlay District will receive priority
attention and will not be subject to the normal
multiple family project processing schedule; such
projects will be deemed a staff, advisory committee,
Planning Commission, and City Council priority in
® order to quickly review and approve them.
Ordinance No.
Page 4
E
d. Fee Waivers /Reductions: Projects submitted under the
Senior Housing Overlay District may receive,
depending upon their size, nature, and scope, a
reduction or waiver of some or all City imposed
development submittal and processing fees. Such
reductions of waivers may affect the following fee
schedule:
- Planned Development /Project Submittal Fees
- Park Fees
- School Fees (when applicable)
Fee reductions or waivers are subject to negotiation between the City
and the project developer and will be granted based upon that amount of
reduction or waiver necessary to place per unit monthly rental costs in the
range affordable to the target population.
SECTION 7: City /Developer Agreement Regarding long Term
Affordability of Units: Development incentives granted by the City to a
developer using the Senior Housing Overlay District are predicated upon the
long term availability and affordability of the units for the target
population previously defined. In order to insure that the units remain •
available and affordable to this group, the developer will be required to
enter into a Development Agreement with the City per California Government
Code Section 65864 through 65869.5.
SECTION 8: The City shall establish a process and such
administrative guidelines as it shall deem necessary in order to implement the
provisions of the Senior Housing Overlay District.
SECTION 9: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in The Daily Report, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 1983.
AYES:
NOES:
ABSENT:
don D. Mikels, Mayor •
y."
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MEMORANDUM
6. 9
DATE: March 2, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83 -03
- CALMARK - A request to amend the General Plan land use
plan from Medium -High Residential (14 -24 dwelling units
per acre) to High Residential (24 -30 dwelling units per
acre) for the development of 161 affordable senior citizen
apartments on approximaely 4.55 acres of land located west
of Archibald, north of Base Line - APN 202 - 151 -34.
Related File: PD 83 -01
SUMMARY: The Planning Commission, at its regularly scheduled meeting of
February 23, 1983 continued the above described item to the
'arch 9, 1983 agenda in order to allow the applicant an opportunity to
address the Commission's concerns regarding the project design.
RECOMMENDATION: It is recommended that the public hearing for this item
be continued to the March 16, 1983 City Council agenda.
RespictfullyAubmitted,
Ill& tez
Cihv tanner
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G��•••.�7,
MEMORANDUM
19..
DATE: March 2, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Ban Coleman, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83 -03
- CALNARK - A request to amend the General Plan land use
plan from Medium -High Residential (14 -24 dwelling units
per acre) to High Residential (24 -30 dwelling units per
acre) for the development of 161 affordable senior citizen
apartments on approximaely 4.55 acres of land located west
of Archibald, north of Base Line - APN 202 - 151 -34.
Related File: PD 83 -01
SUMMARY: The Planning Commission, at its regularly scheduled meeting of
February 23, 1983 continued the above described item to the
March 9, 1983 agenda in order to allow the applicant an opportunity to
address the Commission's concerns regarding the project design.
RECOMMENDATION: It is recommended that the public hearing for this item
be continued to the March 16, 1983 City Council agenda.
L
•
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MEMORANDUM
19i7 �
DATE: March 2, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -01 -
PARCEL MAP 7827 - CALMARK - A change of zone from R -3
Multiple Family Residential /Planned Development to R -3 /SO
(Multiple Family Residential /Senior Overlay) and the
development of 269 apartment units, of which 161 are
intended for senior citizens, on 9.78 acres generally
located west of Archibald, north of Base Line - APN
202 - 151 -34.
Related File: GPA 83 -03
SUMMARY: The Planning Commission, at its regularly scheduled meeting of
February 23, 1983 continued the above described item to the
March 9, 1983 agenda in order to allow the applicant an opportunity to
address the Commission's concerns regarding the project design.
RECOMMENDATION: It is recommended that the public hearing for this item
be c continued to the March 16, 1983 City Council agenda.
Respectfullyifubmitted,
ck Pomez
ty Planner
:DC:jr
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MEMORANDUMS
r� J
DATE: March 2, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -01 -
PARCEL MAP 7827 - CRLMARK J; PA change of zone from R -3
Multiple Fam ly Residential /Planned Development to R -3 /SO
(Multiple Family Residential /Senior Overlay) and the
development of 269 apartment units, of which 161 are
intended for senior citizens, on 9.78 acres generally
located west of Archibald, north of Base Line - APN
202- 151 -34.
Related File: GPA 83 -03
SUMMARY: The Planning Commission, at its regularly scheduled meeting of
February 23, 1983 continued the above described item to the
March 9, 1983 agenda in order to allow the applicant an opportunity to
address the Commission's concerns regarding the project design.
RECOMMENDATION: It is recommended that the public hearing for this item
be cocontinued to the March 16, 1983 City Council agenda.
•
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Im
k,
SU ',I.MRY: This proposal is for a planned residential development
consisting of 116 condominium units on 8.98 acres of land in conjunction
with a zone change from R -3 -T to R -3 1PO and the issuance of a Negative
Declaration. The Planning Commission held a public hearing on
January 26, 1983 to consider the above - described project. The Planning
Commission approved the related tract map with conditions as attached
and recommended approval of the Negative Declaration and zone change.
The Planning Commission found that the proposed project was consistent
with all City related Ordinances and the General Plan. The proposed
overall density of 13.4 dwelling units per acre is consistent with the
General Plan designation of Medium Density Residential (4 -14 dwelling
units per acre). No adverse environmental impacts are anticipated as a
result of this project. Please find attached a copy of the Planning
Commission staff report which fully describes the project.
CORRESPONDENCE: At the Planning Commission public hearing there was no
input from the general public regarding this project. This item was
advertised as a public hearing and notices were mailed to property
owners within 300 feet of the project site. In addition, public hearing
notices have been posted on the project site.
STAFF REPORT
•�O ' _-
1977
DATE:
March 2, 1983
TO:
Members of the City Council
FROM:
Rick Gomez, City Planner
BY:
Dan Coleman, Associate Planner
SUBJECT:
ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT
82 -06 -
TENTATIVE TRACT 12320 - L & G LIMITED - A change
of zone
from R -3 -T Mu (multiple to Family Residential) to
R -3 /PD
(Multiple Family Residential /Planned Development)
and the
development 116 condominiums on 8.98 acres of land
located
at the southeast corner of Archibald Avenue and
Victoria
Avenue - APN 202- 181 -07.
Related File: Tentative Tract 11608 - L & G Limited
SU ',I.MRY: This proposal is for a planned residential development
consisting of 116 condominium units on 8.98 acres of land in conjunction
with a zone change from R -3 -T to R -3 1PO and the issuance of a Negative
Declaration. The Planning Commission held a public hearing on
January 26, 1983 to consider the above - described project. The Planning
Commission approved the related tract map with conditions as attached
and recommended approval of the Negative Declaration and zone change.
The Planning Commission found that the proposed project was consistent
with all City related Ordinances and the General Plan. The proposed
overall density of 13.4 dwelling units per acre is consistent with the
General Plan designation of Medium Density Residential (4 -14 dwelling
units per acre). No adverse environmental impacts are anticipated as a
result of this project. Please find attached a copy of the Planning
Commission staff report which fully describes the project.
CORRESPONDENCE: At the Planning Commission public hearing there was no
input from the general public regarding this project. This item was
advertised as a public hearing and notices were mailed to property
owners within 300 feet of the project site. In addition, public hearing
notices have been posted on the project site.
Panned Development 82 -06 /L & G Limited
City Council Agenda
March 2, 1983 •
Page 2
RECD >1MENDATION: The Planning Commission recommends that the City
Council approve Planned Development 82 -06 for the above - described
project through adoption of the attached Ordinance and issuance of a
Negative Declaration.
lly submitted,
ty Planner
:DC:jr
Attachments: Planning Commission Staff Report & Resolution of Approval
Minutes of January 26, 1983 Planning Commission Meeting
City Council Ordinance
•
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-- CITY OF RANCHO CUCANIONGA C`CAAI A.
STAFF REPORT ,n^
DATE: January 26, 1983 19-
TO: Members of the Planning Commission
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: TENTATIVE TRACT 12320 - L & G - A change of zone from
R -3 -T Multiple Family Residential) to R -3 /PD (Multiple
Family Residential /Planned Development) and the
development of 116 condominiums on 8.98 acres of land
located at the southeast corner of Archibald Avenue and
Victoria Avenue - APN 202- 181 -07.
Related File: Tentative Tract 11608- L &G
PROJECT AND SITE DESCRIPTION: The applicant is requesting approval of a
planned development in the R -3 zone (R -3 /PD pending) for 116
condominiums located on the southeast corner of Archibald and Victoria
• (Exhibit "A "). The property is presently an abandoned citrus grove and
slopes to the southeast at approximately a 5 percent grade. A previous
project, Tentative Tract 11608, for 120 condominium units was approved
by the Planning Commission on March 30, 1981. The project is bounded on
the north, south, and east by vacant land as shown on the Site
utilization Map, Exhibit "C ". On the west are existing single family
residences and an approved condominium project. The proposed project
density is approximately 13.4 dwelling units per acre, and is therefore
consistent with the General Plan designation of Medium Density
Residential (4 -14 dwelling units per acre).
ANALYSIS: The project has been reviewed by the Design Review, Growth
Management, and Grading Committees. All the issues and concerns of
these Committees have been reflected on the Tentative Tract Map (Exhibit
"B"), development plans and recommended conditions of approval. This
planned development will have a single public access to Victoria Street,
with emergency access only on Archibald Avenue, as shown on the Detailed
Site Plan (Exhibit "D "). The proposed driveway on Victoria Street will
align with the approved driveway location to the north. As shown on the
Grading Plan, Exhibit T ", the project drains to the east property line
and south to the southeast corner. Conditions of approval will require
installation of a drainage structure from Victoria along the eastern
boundary and out onto Ramona Avenue (Exhibit "K ", Off -Site Drainage).
Further, a storm drain will be required on Archibald, from 19th Street
south .to the railroad tracks. The storm drain is intended to
significantly reduce the amount of water that is carried in the existing
is natural channel on the east side of Archibald that presently floods
Victoria and Ramona and properties to the south.
^. ITEM G
Tentative Tract 1L,O /L & G
Planning Commission Agenda
January 26, 1983
Page 2
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DESIGN REVIEW COMMITTEE: The Design Review Committee has worked with
the applicant to resolve concerns relative to the site plan
configuration, recreational space, and the relationship of buildings to
the streetscape. The site plan has been redesigned to provide a large
open space /recreation area in the center of the project with a pool and
tot lot. Therefore, the Design Review Committee recommends approval of
this project.
ENVIRONMENTAL REVIEW: Part I of the Initial Study as completed by the
applicant is attached for your review. Staff has completed Part If of
the Initial Study and found that the project will not have a significant
effect on the environment, therefore staff recommends issuance of a
Negative Declaration.
FACTS FOR FINDING: The subdivision map has been prepared in accordance
with City standards and policies and the project site is suitable for
the proposed subdivision. The project design is consistent with the
General Plan and Zoning Ordinance requirements.
CORRESPONDENCE: A notice of public hearing was placed in The Daily
Toe ort new and approximately 32 public hearing notices were sent
property owners within 300 feet of the project site. To date, no
correspondence has been received either for or against this project.
RECOMMENDATION: It is recommended that the Planning Commission conduct •
a public hearing to consider public input and elements of this
project. If after such consideration the Commission concurs with the
findings and conditions of approval, the adoption of the attached
Resolution and issuance of a Negative Declaration would be appropriate.
Respbuliy submitted,
IM
anner
:DC:jr
Exhibit "A" - Location Map
Exhibit "8" - Subdivision Map
Exhibit "C" - Site Utilization :Nap
Exhibit "D" - Detailed Site Plan
Exhibit "E" - Conceptual Landscape Plan
Exhibit "F" - Conceptual Grading Plan
Exhibits "G 1 -2" - Elevations
Exhibits "H 1 -2" - Floor Plans
Exhibit "I" - Archibald Streetscape •
Exhibit "J" - Natural Features Map
Exhibit "K" - Off -Site Drainage
Initial Study, Part I
Resolution of Approval with Conditions
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INITIAL STUDY
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $87.00
For all projects requiring environmental review, this
form must be completed and submitted to the Development
Review Committee through the department where the
project application is made. Upon receipt of this
application, the Environmental Analysis staff will prepare
Part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the public meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 1) The project will have no signi-
ficant environmental impact and a Negative Declaration
will be filed, 2) The project will have a significant
environmental impact and an Environmental Impact Report
will be prepared, or 3) An additional information report
should be supplied by the applicant giving further informa-
tion concerning the proposed project.
PROJECT TITLE: HUDY&T24 VIUA&- •
APPLICANT'S NAME, ADDRESS, TELEPHONE:
NAME, ADDRESS, TELEPHONE OF PERSON TO 8E CONTACTED
CONCERNING THIS PROJECT: LJPAH EWIFCN9 PkTME'(Eft
_3OO E, STATE STREET, dk526 1 REMANDS jCA 92373 g48-4A41a
LCCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL N0.1
LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS:
F
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• PROJECT DESCRIPTION
DESCRIPTION OF
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND
PROPOSED BUILDINGS, IF ANY: TAE PROJECT- SITE [[7156T- -.QF 9.53 k
DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE
INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES),
ANI.KALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY
EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS):
Is the project part of a larger project, one of a series
of cumulative actions, which although individually small,
may as a whole have significant environmental impact?
W1 T}HS Fft1 rT 15 ter P,4RT VP r44 0Wer- WN51PEM710H.
I -2
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WILL THIS PROJECT:
YES NO •
Create a substantial change in ground
contours?
2. Create a substantial change in existing
noise or vibration?
3. Create a substantial change in demand for
municipal services (police, fire, water,
sewage, etc.)?
4. Create changes in the existing zoning or
general plan designations?
5. Remove any existing trees? How many? G{i12t 4RUS (a4NE
6. Create the need for use or disposal of
Potentially hazardous materials such as
toxic substances, flammables or explosives?
lanation of any YES answers above
IMPORTANT: If the project involves the construction of
residential units, complete the form on the
next page.
CERTIFICATION: I hereby certify that the statements
furnished above and in the attached exhibits present the
data and information required for this initial evaluation
to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my
knowledge and belief. I further understand that additional
information may be required to be submitted before an adequate
evaluation can be made by the Development Review Committee.
Date--o,''869 15 signature PatL /.lnjifi/L
Title ( /�law- LjmArJ gatA2NS
I- 3
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RESIDENTIAL CONSTRUCTION
• The following information should be provided to the City of Rancho Cucamonga
Planning Division in order to aid in assessing the ability of the school
district to accommodate the proposed residential development.
Name of Developer and Tentative Tract No.: 6PNT IHWCNr11EFTMVn XR
Specific Location of Project: SautNEASr cvRuER ARtRIBA�RVE lUE AND K1CJlLA war
PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL
1. Number of single
family units:
2. family of multiple , _ 6Z
family units: � "L
3. Date proposed to
begin construction: `5pwl 'i3 5PPN(g84
•4. Earliest date of .1,M e4
occupancy:
Model i
and ; Of Tentative
5. Bedrooms Price Range
I -a
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G. E` 1RO4MENTAL ASSESSMENT AND PLANNED DEVELOPMENT 82 -06 - TENTATIVE TRACT
12120 - L 8 G - A change of zone from R -3 -T (Multiple Family Residential)
to R -3 /PD (Multiple Family Residential /Planned Development) and the
development of 116 condominiums on 8.98 acres of land located at the
southeast corner of Archibald Avenue and Victoria Avenue - AP4 202 - 181 -07.
Dan Coleman, Associate Planner, reviewed the Staff report recommending •
inclusion of the requirement for a tot lot in the Resolution.
Vice - Chairman Hempel asked for clarification of drainage on the east side
across the other project.
Mr. Hougeau replied that the other project has an underground storm drain
designed in one of its streets and if this project goes in first, some type of
semi - improved ditch would have to be put across that property in an easement
until that project is developed.
Chairman King opened the public hearing.
Pat Meyer, 200 E. State Street, Redlands, California, addressed the Commission
stating that he represented the applicant in his concurrence with the staff
report, however, wished to clarify one point in that this project is a
four -plea development and not a condominium project. He asked for
clarification of the condition requiring the applicant to be responsible for a
master planned storm drain from 19th Street southerly. Since there was
another development to the north, he asked if they wouldn't be required for
that portion of their property.
Planning Commission Minutes -13- January 26, 1933
� I
• Mr. Rougeau replied that this refers to a storm drain entirely in Archibald
Avenue. Further, that if a new project comes in it would be imposed-'with
similar conditions because it would lie in the path of the natural drainage
also. Additionally, another project to the east has had the same conditions
placed on it and whichever project goes in first will have to put the storm
drain in, then be reimbursed by the others.
Mr. Meyer asked how much would be reimbursed.
Mr. Rougeau replied that it would be 100 percent reimbursement in this case
because it is a master planned storm drain.
Vice - Chairman Rempel advised that since this is a four -plex development, it
would require special CCARts.
Mr. Meyer replied that the project would have a Master Homeowners? .Association
to take care of the maintenance of open spaces.
Ted Hopson, Assistant City Attorney, advised that there are additiocal
problems with these kinds of developments as to what constitutes common areas
and he would be looking closely at the CCSR's.
Thre were no further comments and the public hearing was closed.
. Motion: Moved by Rempel, seconded by Mc Niel, unanimously carried to approve
Tentative Tract 12320 with the inclusion of a requirement for a tot lot.
AYES: COMMISSIONERS: Rempel, Mc Niel, Barker, Stout, Ring
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None - carried-
Motion: Moved by Stout, seconded by Barker, unanimously carried to approve
Planned Development 82 -06.
AYES: COMMISSIONERS: Stout, Barker, Me Niel, Rempel, King
NOES: COMMISSIONERS: None
ABSENT: COP^1ISSIONERS: None -carried-
Chairman Kin., announced that due to the length of the next item, the public
heariro; would be suspended and the Commission would move to Item J under
Director'o Reports.
to Planning Commission :linutrs _iq_ January 26, 1983
I �
ORDINANCE NO. '
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NU"BER
202- 181 -07, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD
AND VICTORIA AVENUES, FROM R -3 -T TO R -3 /PD
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, recommends the
rezoning of the property hereinafter described, and
this City Council has held a public hearino in the
time and manner prescribed by law as duly heard and
considered said recommendation.
B. That this rezoning is consistent with the General
Plan of the City of Rancho Cucamonga.
. C. This rezoning will have no significant environmental
impact as provided in the .Negative Declaration filed
herein.
SECTION 2: The following described real property is hereby rezoned
in the manner stated, and the zoning map is hereby amended accordingly.
Assessor's Parcel Number 202- 131 -07, approximately 8.98
acres in size and located at the southeast corner of
Archibald and Victoria Avenues, is hereby changed from
R -3 -T (Multiple Family Residential) to R -3 /PO (Multiple
Family Residential /Planned Development).
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in The Daily Report, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 1983.
AYES:
NOES:
I* ABSENT:
0
•
iI
STAFF REPORT
March 2, 1983
TO: City Council
FROM: Lauren Wasserman, City Manager
SUBJECT: Recommend Opposition to Proposed Amendments
to the Municipal Organization Act
C
9
F 'Ilk
—avy
The City of San Bernardino has requested our community to join in opposition
to a proposal advocated by the County of San Bernardino which, if enacted,
would amend the Municipal Organization Act to permit the det chment or removal
from a city without the specific permission of the municipility's governing
body. More specifically, the proposed amendment would permit the County's
Local Agency Formation Commission to detach territory from a city without the
city having the right to protest or veto such action.
Although the dispute between the City of San Bernardino and the County is
related to the proposed incorporation of Highland and would have no immediate
impact on the City of Rancho Cucamonga, it appears that a poor precedent could
be established which may affect local government. First, any loss of
territory without the specific permission of the governing body of the city
could result in serious economic or social problems. The City of San
Bernardino has estimated that as many as 18,000 citizens could be lost as a
result of the proposed legislation and a corresponding drop in city
revenues. Secondly, the County Board of Supervisors is proceeding wih this
special legislation against the will of the majority of cities and the
majority of the population of the county, and in apparent disregard for the
cities of San Bernardino County.
At the February 16 meeting the City Council deferred action on this issue and
directed the staff to obtain copies of the specific bill. Unfortunately, a
specific bill has not yet been written. The county cannot find a state
legislator who is willing to sponsor the measure. Staff has included with
this report a copy of the materials drafted by County Counsel which relate to
the issue.
Ui?KG. �,i2P1 l:>rHaTF
The existing state law establishes procedures for processing annexations and
municipal incorporations which take into account the views of affected
citizens and prohibits the detachment of territory from incorporated cities in
order to create new cities. The City Council may wish to send letters
opposing the amendment of the Municipal Organization Act to allow detachment
or removal of any municipal territory pursuant to a reorganization without the
specific permission of the municipality's governing body after the legislation
has been introduced. Since the issue does not specifically involve the City
of Rancho Cucamonga, the Council may wish to take no position on this matter.
IIWIMN
Ruling may
I�st county
•
$350,000
By ART WONG
$v. sinn wine.
SAN BERNARDINO — County'
gecernment here may lose more
Tian 3350,000 annually under a
tale Supreme Court ruling that
relieves parents of the costs for
detaining young lawbreakers.
The high court has rejected
9
?
co law which held that
m
c ^
since parents are responsible for
,; - r e Z c= c v e
hed and board of their children,
�•av
parents should also bear those
.$ `=
c c^ NA..
r w R 3�_ c E?_ s
costs when their children commit
_
+a er^
--2
a come and are taken into costa
-'° 3 o c w
Is
The county has long depended
-,^-, A ,� o „ T
on parents to pay a portion of
4 u z _ 1"`#.9 L39
o
their children's custody costs .
v a = e -= o m,
Tom'- s
Loss of those fees may mean a sug
funding,
-
3 r` ,� c,c s o c 9 _$
mricant shift in county a
_ a
— " o ° "" u
==
1 juvenile
major overhaul a the i
legislation press.
v
t m _ r y
justice "Shsystem or new
"Short of a printing press it'll
s._`u °m$ _.°.
mean we'll need more money out
base," said Mike Kewin,
c ` v .. r w e
of the tax
supervisor of the district altor
'. ;? e'm„ T^ S r ° —wI
o % w m �$ u
net's juvenile division.
Counties throughout the state
_ —° g`
= 9 E,= E = 5� _ ° .. 6
•
are bankin an the Supreme
, ° ., n 3"a e3a
Court to rehear the case and rem
"The
rersc itself. theory was that
- if you locked up an adult in Coun-
t V jail and don't charge him (while
$ ^
charging juveniles), that's a denial
= E r ` E E g °.Y —° a
I)( ithe legal principle of) equal
c A e'a' y `a d e B m E t
it
protection (under the law).' said
"But have abili-
=>,; ,� �❑ c e� c
la
Kew in. we do the
ty to charge and we are beginning
5 c
cc c E y N w c ry o o c
to charge for housing in county
IailThe county crisis stems from a
Santa Clara County case involving
c ° °
Jerald C. and Hiram G., as they
• VdOCYC
are called in Supreme Court docu.
menu.
Hiram Gutierrez argued that it
E $w
• 0
,as unfair
m a r
hi to pay 2a 0D0 for his
m S
?
S �vC'.•jr C..
ton Jerald's stay in juvenile hall - -
c ^
rsp - cially since he hadn't seen his
-
son in 14 years. .A Santa Clara
�� c c a o¢ v a'
County Superior Court judge
and dismissed the bill. But
�? v❑ apc,yt
T 4,
agreed
that ruling was overturned by the
u
First District Court of Appeal.
Then, in December, it was
upheld by the Supreme Court,
which ruled h3 for Gutierrez. The
)usbces ruled that public benefit
supercedrd parental responsibdi.
is
Although common law calls for
parents to support their children.
Justice Allen Broussard wrote in
the majority opinion that counties
were not assuming that respons4
bility in incarcerating a minor.
,
But "the purpose and the benefits r,
nn -
1983 LEGISLATIVE PROPOSAL
• COUNTY OF SAN BERNARDINO
•
16
MODIFICATION TO ALLOW. ELECTION RE HIGHLAND INCORPORATION
Last year during the final days of the legislative session, an amendment
was made in a Northern California bill that changed the Municipal
Organization Act detachment law to take away the election right of the
residents of the eastern portion of the City of San Bernardino. Now the
residents cannot choose whether they want to stay within the City of
San Bernardino or become a part of the proposed City of Highland if the
City of San Bernardino protests the detachment of any of its territory.
The law became operative on January 1, 1983, but was made retroactive to
1918.
This proposal will restore the right of the city's residents to vote
whether they want to remain in the city or detach from it.
20
1!(„
Ref1k e- s s2l s w 1h
T n I n
I -jig l' and ©n is iy1lccal
By PAT BROWN
5un Sol" Whin
REDLANDS — The City Coun.
cil, with one member describing
San Bernardino's planning effors
to date as a "first -class mess,"
sided Tuesday with Highland rest.
dents and their efforts to fncorpo-
rate.
"It's the epitome of poor plan.
ning created by a lot of very poor
decisions," Said Cadnallman
James Gorman. 'Tire Iearytrog do
velupmedt borders on criminality'.
This is a raid firstclass mc.ts."
The council, with Councilman
Tim Johnson absent, voted "to
lend Its support to Highland :s Hill
attempt at ('ayhood, In the Same
mntlon council members rejected
San Bormn line Slayar W.R.:iel
vomb'.s requ,, I fur a resell non a,r
pr,.nm; efforts to amend a si.,ie os
:erahly hill that givr.i San
Bernardino the right to rejoe.t any
attempt to transfer as ierritary
into tltghlund,
in a Ietirr to the council elated
Fch. 1, Haramb said the flul Lertd
proposal '•would mmlt in :on ID,oM
population (hp for tiara Bernardino
non .1 gl I,, do dCclme 1,l rel,,.
noes.
Assembly Bill . °dNl(I, Marit h
,time effee•tre" u1 January. SpeuF
wally appiirx ui the Iilghlaad l:
sue and permits the cuy of S:in
Bernardino the right to qu.,,h All
inrari:nr:dl.,a pn,aec,nli,, >aud
Bmo Jun;;,. pevi, 1, at of III,' Ih,!a
Loot e'mnnt,r of ,',dntia -1 x
rW >r ulalnn:; der L rlslatroi rrtrn
,osve Iu A::v Ihiil ctrru:n,vids
I lichLdul's Ike, L.I fIIi[a: of In, 1,r.
per.:n,'n1I iro .
"We're ali,rnlAlnq bl jyt di.a
Iopi'lahna rilan..l n." Jon ".. rod
oatode Ipe Ilh fi lu•:. Ml''Ialoolr.
Local Agrnr: I'i,r;,, lion t oaaa,
11-11, hearil.0 .,III ilrur ofd. Iw
,ud
.iuunti, ul pn•t llaun4 'lint hr
soul s.:e. uu:I,i.uu: r• ol.d tern. pm
ration attempt, said the city of
San Bernardino has bled Highland
dry by annexing only commercial
property and vacant land, The
city has not annexed residential
areas and then•fure has not "talc
en the respon dalny for services."
Jones told the council.
Propo.,r^ boundaries for the
nc. ray are basre.,M east of Wn.
Lerman Memo, south of the an.
tional forest boundary line, west
Of Churcn Strut and north of
Nonon Air Force Base..
Noting that heavy politics and
har.h words have engulfed the -.>
year-old rityhuod debate, Gorman
=.aid, "Che mo >uo(pcsl approach is
incorporation."
The council nearly postponed
Trh,tiay',• and• on Ilr.;lWaltl', city.
hoso
°gurre it us uerr raved and
dined by iioteo:nh" flee }I(nair
Chen,, Dollirll'n told In a,i.tnp
for 1 :w nciay. 1'uw' DpMirll n ,a1d
ho e am, the, "u brie story...
Cr1.li0y1, I..t„ told a reporter
Ile;; .Li.L t,ul m::v takru he and
❑t, ;,ian•,m,r l'hrw Christ., •on
ph:a seven or i will ngro-eenta
tiwae from other cuo•a to linen.
0
•
I
.I
t-
I
iT 1
r
-
_
II
Poll]-
_
Yaterrr
I
I
� r
-
3F—
's.l ..
5
it
NOR To
�
I
- AIR FORCE
._
I
!.r
.. .,
-
SCALE
Z.. �.•� �. ��.�,�
0 M E M O R A N D U M
TO: Lauren M. Wasserman, City Manager
FROM: Robert E. Dougherty, City Attorney
DATE: February 8, 1983
RE: Property Tax Refund Actions.
Recently you received a letter from Alan K. Marks,
County Counsel, explaining the ramifications of new state leg-
islation requiring cities to reimburse counties where the cit-
ies are represented by county counsel in property tax refund
actions. Previously, county counsel was required, upon re-
. quest, to provide cities with a defense to this type of action.
No charge was made for the service
As a matter of course, the City tendered defense of all
property tax refund actions to the County Counsel.
The alternatives now are:
(1) Adopt a resolution of the type suggested by Mr.
Marks providing for defense of property tax refund actions by
the County Counsel. Under the new Revenue and Taxation Code
Section 5149, the City would be required to pay its pro rata
cost of the defense.
(2) Provide for the defense of such actions by other
counsel, presumably the City Attorney's Office.
i recommend that you favorably consider Alternative No.
19 1 for the following reasons:
(1) It would be much more cost effective; and,
1 �
-1-
(2) From my observations, the San Bernardino County 4)
Counsel's Office is quite competent in handling the defense
of property tax refund actions.
I would, therefore, recommend that you consider placing
the proposed Resolution on the City Council's agenda.
RED: S99
Enclosure
•
•
'e
-2- Ia0
FROM: ALAN K. MARKS
County Counsel
COUNTY OF
SAN BERNARDIVO
SAN BERNAROI NO. CALIFORNIA
January 28, 1983
TO: CITY ADMINISTRATOR /MANAGER
SUBJECT: PROPERTY TAX REFUND ACTIONS
C11,0 Oepumv Caunry Counsel
Eogenc L Holder
Cra�q S. Jc'd.h
OeOVnes Coun rV Cm,mel
E H Ponmsan
Duce, Jr.
Rc
B¢M1al U NJm, 51rong
Charles A. ler,
ClreK Ds. cx
H AIon
•,Fdwartl d l
nooald ,
J Rl Peu
Charles Larkin
vain F. Mot,le,
Da.n H
x¢18 euefer
Legal Research AuomeV
Jonathan We9
/.,,
In the past the County of San Bernardino, through the office
• of County Counsel, has represented cities in the complex
area of property tax litigation. With the passage of
Assembly Bill No. 1211 in 1981, Section 5149 of the Revenue
and Taxation Code was amended and now requires that before
the County may represent a city, the city must first
designate the County as its agent for service of process.
In addition, the statute requires that the County charge a
fee to recover the costs associated with the representation
provided.
The County Counsel is currently handling several property
tax refund cases wherein various cities have requested
representation. A new case (Doer v. Alameda, et al.) has
recently been filed naming all counties and cities in the
State as defendants.
In light of the new requirements under R e T 9 5149, cities
desiring representation should adopt a resolution similar to
the draft attached hereto and designate the County as its
agent for service of process. After adoption, the resolu-
tion should be filed with the County Clerk as specified in
the law (a copy of AB No. 1211 is attached for your review)
and a copy of the resolution should be forwarded to this
office. This action should be taken as soon as possible in
order for the County to provide adequate representation of
the city in pending litigation and to avoid any legal
challenge to the County's authority to represent the city.
OFFICE OF THE
COUNTY COUNSEL
CouN V C-c 8 W tlin9
157 West Fdtn Sveer
San Der naramq, CA 91415
17141 8833751
ALAN K, ,MARKS
CmmfV Coumd
ROGER N, KEHEW 1R
A.vmmel Cwnry Caumvl
FROM: ALAN K. MARKS
County Counsel
COUNTY OF
SAN BERNARDIVO
SAN BERNAROI NO. CALIFORNIA
January 28, 1983
TO: CITY ADMINISTRATOR /MANAGER
SUBJECT: PROPERTY TAX REFUND ACTIONS
C11,0 Oepumv Caunry Counsel
Eogenc L Holder
Cra�q S. Jc'd.h
OeOVnes Coun rV Cm,mel
E H Ponmsan
Duce, Jr.
Rc
B¢M1al U NJm, 51rong
Charles A. ler,
ClreK Ds. cx
H AIon
•,Fdwartl d l
nooald ,
J Rl Peu
Charles Larkin
vain F. Mot,le,
Da.n H
x¢18 euefer
Legal Research AuomeV
Jonathan We9
/.,,
In the past the County of San Bernardino, through the office
• of County Counsel, has represented cities in the complex
area of property tax litigation. With the passage of
Assembly Bill No. 1211 in 1981, Section 5149 of the Revenue
and Taxation Code was amended and now requires that before
the County may represent a city, the city must first
designate the County as its agent for service of process.
In addition, the statute requires that the County charge a
fee to recover the costs associated with the representation
provided.
The County Counsel is currently handling several property
tax refund cases wherein various cities have requested
representation. A new case (Doer v. Alameda, et al.) has
recently been filed naming all counties and cities in the
State as defendants.
In light of the new requirements under R e T 9 5149, cities
desiring representation should adopt a resolution similar to
the draft attached hereto and designate the County as its
agent for service of process. After adoption, the resolu-
tion should be filed with the County Clerk as specified in
the law (a copy of AB No. 1211 is attached for your review)
and a copy of the resolution should be forwarded to this
office. This action should be taken as soon as possible in
order for the County to provide adequate representation of
the city in pending litigation and to avoid any legal
challenge to the County's authority to represent the city.
City Administrator /Manager -2- January 28, 1983
The fees provided for in the statute will be calculated on •
the basis of hours spent by the County Counsel and appor-
tioned to cities in accordance with the percentage distri-
bution of property taxes. An explanation of the fee
structure is attached hereto.
If you have any questions concerning this matter, please
don't hesitate to call.
ALAN K. MARKS
County Counsel
AKM:am
Attach.
•
•
111 U1) ,111 ITV. ,-, ,
CIIAPTIiR 050
Au act to amend Section 5119 of the Revenue and Taxation Code,
relating to taxation,
i ApryovcA by Governor SelIacmb.. 2Q 19111. file) w111.
Scuel.+rY of Stale $ePl ember 26, 1991.)
UZCISIAI'IVC COUNSGCs Dicem
All 1211, Morris. Property taxation.
Under existing law, cities are authorized to impose properly taxes
to pay the principal and intolcsl on indebtedness approved by (lie
volers prior to July 1, 1978, but the Properly taxes of general laweilics
shall be. and the property taxes of chartered cities may be,
administered by counties.
This hill would revise the procedures for counties to bodes ig no I cd
by cities to defend actions for refunds of city properly taxes, and
would require the courtly to charge the city fees for the costs of the
services provided.
Article XIII Il of the California Constitution and Sections 2271 and
227,1 of the Revenue and 'Taxation Code require the slate to
reiinburse local agencies and school districts for certain costs
mandated by the state. Other provisions require the Deparunrnt of
Finmlce to review statutes disclaiming these costs and provide, in
certain cnses, for making claims to the State Roard of Control for
reimbursement.
This bill would provide that no appropriation is made by this act
pr the purpose of making reimbursement pursuant to the
constitutional mandate or Section 2291 or 2274, but would recognize
Mat local ogencics and school districts may purse their other
available remedies to seek reimbursement for these costs.
The people of the Stale of C lifornin do enact ns Follows
SECTION 1. Section 5149 of the Revenue and 'Taxation Code is
amended to read:
5149. (a) Any city for Which cnunty OMCCTS collect taxes may
provide for the defense by Cn11115e1 for the courtly of actions brought
agailut the city under this article, in Which event it shall he the duty
of such counsel to defend such actions, or the city may Provide t11 at
such actions shall be defended by its own counsel; Provided,
however, that no city may provide fat the defense hp counsel for III,
counly of any action brought against the city under this article uulrss
the city previously has designated the counly as its agent for service
of process f ny and all actions brought ngainsl the city under this
article. A Which has so designated the county as its ngenl for •
Service of process may, at any time Iherenfter, withdraw Iha:
designation. Where a city has so designated the county as its agent
for service of process, the county shall notify the city of the title and
general nature of Play action uaming the city as defendant within l0
clays after service of process.
(b) Ilse county clerk shall keep and maintain P public record of
all cities who have designated the county as agent for service of
process pursuant to subdivision (a), and shall delete therefrom the
name of any city which has withdrawn the designation.
(c) The county shall impose fees on a city which has designated
the county as its agent for service of process which shall cover the
costs incurred pursuant to this seclion-
SEC. 2. Notwithstanding Section 6 of Article XIII If of the
California Constitution and Section 2291 or 2234 of the Revenue and
Taxation Code, no appropriation is made by this act for the purpose
of making reimbursement pursuant to those sections. It is
recognized, however, that a local agency or school district may
pursue any remedies to obtain reimhursculent available to it under
Chapter J (commencing with Section 2201) of Part 4 of Division I
of that code.
0
--.a
FEE STRUCTURE
The Office of County Counsel will record actual hours worked on
cases for those cities which have adopted the required resolution.
The total cost of the County's defense of property tax cases will
be determined by applying the hourly rate for County Counsel ser-
vices (currently $56 per hour) to the number of hours expended.
This computation will be made annually.
CITY'S SHARE OF COST
An individual city's actual charge for services will be determined
in the following manner. Under current law, the property tax of
$1.00 per $100 of market value is distributed among several taxing
agencies. Cities' shares of these taxes range from zero percent for
a non - property tax city to as much as 34 percent of the taxes col-
lected. Based on the premise that the city originally shared in the
_property tax collected according to its tax factor, the same factor
(percentage) will be applied to the County Counsel's cost of the
legal defense. For example: •
A = Total County Counsel Hours Recorded for Case
B = Current Hourly Rate
C = Involved City's Tax Factor (percentage)
D = Cost to City for Legal Services Rendered
Therefore a case for which the County Counsel devotes six hours
of time for a city whose tax factor (percentage) is 15%, the charge
would equal:
A x B x C- D
6 hours x $56 /hr, x 15% - $50.40
when the County determines to hire outside counsel to defend a
particular action, the outside counsel charges will be applied
against the involved city's tax factor to determine the cost to
the city for legal services rendered.
PAYMENT OF CHARGES
Utilisation of the following procedures is intended to minimize •
r',
FEE STRUCTURE
Page 2
the administrative steps for billing and payment by the respective
agencies. Cities will be assessed no more than once per year
depending on actual cases defended by the County Counsel (or
outside counsel retained by the County). Accordingly, the
Auditor - Controller will develop an amount to be charged to a
serviced city based upon the above formula. The city will then
be billed for such charges, or alternatively, with the consent of
the city, such charges will be deducted from the city's annual
December property tax allocation and an informational bill report-
ing the total charge will be submitted to tha city.
RESOLUTION NO. 83-*r _.�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF --
RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE COUNTY
OF SAN BERNARDINO AS ITS AGENT FOR SERVICE OF
PROCESS FOR ACTIONS UNDER THE REVENUE AND TAXATION
CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City Council hereby designates the County of San
Bernardino to receive service of process for any and all actions brought
against the City of Rancho Cucamonga under Article 2, Chapter 5, Part 9,
Division 1 of the California Revenue and Taxation Code.
SECTION 2. The City Clerk is hereby directed to send a
certified copy of this resolution to the San Bernardino County Clerk.
Resolution.
SECTION 3• The City Clerk shall certify to the adoption of this
PASSED, APPROVED, and ADOPTED this 2nd day of March, 1983.
AYES:
. NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
Jon D. Mikels, Mayor
0
February 18, 1983
Mayor Jon Mikels
& Members of the City Council
9320 Baseline Road
Rancho Cucamonga, California 91730
Gentlemen:
CITY -aF RANCHO CUCAi -AONCA
1 ;� .iris::;. n ^r
r,:91t °'.
AM PM
718191101B1VIiI213141516
a
By way of this letter I am submitting my resignation
• from the Planning Commission, effective March 10, 1983.
At present I am seriously considering running for City
Council in 1984. I believe it in the best interest of
'In Planning Comnission to resign my position.
In that my integrity and honesty are of primary concern
to me, I do not wish for anyone during the heat of an
election to in anyway question me or this Commission as
to any issue of its voting.
In nrd ^r tc absolutely avoid this, it is my decision to
step down from the Planning Commission.
Thank you very much.
�' J
Sincerely,
('4
r,f %q1
D Df ))
�TEr��S
c H , �
)75-
• RESOLUTION NO. * i
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING FIRST AMENDMENT
TO PROGRAM DEPOSIT AGREEMENT
RESOLVED, by the Rancho Cucamonga Redevelopment Agency that this
Agency enter into a First Amendment to Program Deposit Agreement by and
between the Agency and said Development Companies dated and in form this day
presented to this Agency, and the Chairman is hereby authorized to execute
said agreement on behalf of the Agency and the Secretary is authorized to
attest his signature and to affix the corporate seal of the Agency thereto.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 1963.
AYES:
NOES:
ABSENT:
• Jon D. Mike s, airman
ATTEST:
Lauren 11. 'Wasserman, ecretary
0
i
CITY OF RANCHO CUCAMON,
REDEVELOPMENT AGENCY
STAFF REPORT
DATE: March 2, 1983
TO: Redevelopment Agency
FROM: Tim J. Beedle, Senior Planner
SUBJECT: RECEIPT OF DRAFT PURCHASE CONTRACT
Attached is a Draft Purchase Contract which will at the time of
completion of the Bond Issue will be approved by the Agency in order to
execute sale of mortgage housing bonds. The Bond Purchase Contract
contains the Underwriters agreement to purchase the bonds at a certain
price and bearing certain interest rates. The Bond Purchase Contract
also contains a mariad of conditions which must be satisfied before the
Underwriter is obligated to accept delivery of the bonds. These
conditions include such requirements as certification of the
Redevelopment Agency and the Trustee, opinions of various legal
councils, receipt of a allocation from the Mortgage Bond Allocation
Committee and general conditions governing the operation and
administration of the bond.
The purpose of providing material to the Agency in a draft form is to
allow for adequate time for the Agency to review and offer any questions
or comments prior to time of contract execution.
TJB /kep
&' ➢ [H6M Doc. 00880 - 2/23/831
Y OF RANCHO CUCAMONGA
..MUNITY DEVELOPMENT DEPT, RANCHO CUCAMONGA REDEVELOPMENT AGENCY
MAR 11983 $35,675,000 1
1 PM f
1S19110111tR11121314H616 RESIDENTIAL MORTGAGE REVENGE BONDS
A 1983 SERIES A
PURCHASE CONTRACT
1983
Rancho Cucamonga Redevelopment
Agency
Rancho Cucamonga, California
Ladies and Gentlemen:
Stone S Youngberg, acting not as a fiduciary or agent for you, but on
behalf of itself offers to enter into this Purchase Contract with the Rancho
Cucamonga Redevelopment Agency (the "Agency "), subject to acceptance at or
prior to 11:00 p.m., Pacific Daylight time, on the date hereof.
1. Introductory. The Agency is authorized to issue $35,675,000 principal
amount of its Residential Mortgage Revenue Bonds, 1983 Series A, dated March
1, 1983 (the "Bonds "), pursuant to Chapter 8, Part 1 of Division 24 of the
California Health and Safety Code (the "Act "). The Bonds will be secured
under a Trust Indenture dated as of March 1, 1983 (the "Indenture "), pursuant
to which Security Pacific National Bank, Los Angeles, California, will act as
trustee (the "Trustee "). The Bonds will mature on the dates and in the
amounts and will bear interest at the rates shown on Schedule I hereto.
2. Purchase, Sale and Delivery of Bonds. On the basis of the
representations, warranties and agreements contained herein, but subject to
the terms and conditions herein set forth, we hereby agree, to purchase from
.the Agency, and the Agency hereby agrees to sell to us, the Bonds at a
purchase price of $ plus accrued interest thereon to the Closing
Date.
The Agency will deliver the Bonds to us for the account in definitive form
against payment of the purchase price therefor by check or checks payable in
Los Angeles clearinghouse funds at the office of Security Pacific National
Bank, 333 South Hope Street, Los Angeles, California, at a.m., Pacific
Daylight time, on March , 1983, or at such other time not later than seven
business days thereafter as we shall determine and advise the Agency (such
time being hereinafter referred to as the "Closing Date "). The Bonds so to be
delivered will be delivered in definitive fully registered form, with CUSIP
numbers imprinted thereon, in such denominations as we request and will be
made available for checking and packaging at least 24 hours prior to the
Closing Date.
The Agency hereby acknowledges receipt of a check payable to its order in
the amount of $ . The Agency agrees to hold r
said check uncashed until
the Closing Date as security for the performance by,us of .our obligations' 'to'. -
accept and pay for the Bonds, and, on our compliance with such obligations; to'
return said check to us *'' If the Agency W does not accept this ef£er, (ii)'
shall fail to deliver the Bonds at the Closing Date or (iii) shall be unable
at.or prior to the Closing Date to satisfy the conditions to our &ligation
hereunder, said check shall be immediately returned to us, If we fail to
accept and pay for the Bonds upon tender thereof by the Agency as herein
provided, the amount said check shall constitute full liquidated damages for
such failure and for any and all defaults hereunder on our part, and such
amount shall constitute a full release and discharge of all claims and damages
for such failure and for any and all such defaults.
3. Program Participant Documents. Prior to or simultaneously with the
execution of this Purchase Contract, or Prior to the Closing Date, we shall
have received the following:
(a) Commitment Contracts (the "Commitment Contracts ") in form and
substance satisfactory to us executed by the Agency and by each of the
developers (the "Developers ") described in the Official Statement of the
Agency relating to the Bonds (the "Official Statement "); and
(b) Mortgage Loan Purchase Agreements (the "Mortgage Loan Purchase
Agreements ") in form and substance satisfactory to us executed by the
Lenders (the "Lenders ") described in the Official Statement.
(c) Servicing Agreements (the "Servicing Agreements ") in form and
substance satisfactory to us executed by the Lenders (the "Lenders ")
described in the Official Statement.
4. Agenev Documents. At the time of the Agency's acceptance hereof, or
at such other time prior to the Closing Date as shall be agreeable to the
Underwriter, the Agency shall deliver to the Underwriter:
(a) The Official Statement, duly executed on behalf of the Agency by
its Chairman."
(b) The Indenture, duly executed by the Agency and the Trustee.
The Agency agrees to provide us with a reasonable number of
additional copies of the foregoing as we shall request and the Agency
authorizes the use thereof in connection with the offer, sale, and
distribution of the Bonds.
The Agency confirms that the Agency has heretofore made available to us
copies of a preliminary official statement dated February _, 1983, of the
Agency relating to the Bonds (the "Preliminary Official Statement ") and has
authorized the use thereof in connection with the offer of the Bonds.
5. Representations and Warranties. The Agency represents and warrants to
us that:
(a) The Agency is a political subdivision of the State of California
(the "State ") organized and existing under the laws of the State and has
full legal right, power and authority (i) to enter into this Purchase
Contract, (ii) to issue, sell and deliver the Bonds as provided herein,
(iii) to Purchase Mortgage Loans (as defined in the Indenture) and pledge
them to secure the Bonds and (iv) to carry out the transactions
contemplated by this Purchase Contract, the Indenture, the Official
Statement, the residential mortgage financing program described in the
Official Statement (the 'Trogram "), the Commitment Contracts, the Mortgage
' Loan Purchase Agreements and the Servicing Agreements, as they may be
amended or supplemented from time to time by the Agency.
(b) The information in the Preliminary Official Statement and the
Official Statement (including the statistical and other financial data
included therein) relating to the Agency and the Program, does not contain
any untrue statement of a material fact or omit to state a material fact
necessary in order to make the statements contained therein, in the light
of the circumstances under which they were made, not misleading.
(c) The Agency has no reason to believe that any of the information
in the Preliminary Official Statement contains an untrue statement of a
material fact or omits to state a material fact necessary in order to make
the statements contained therein, in the light of the circumstances under
which they are made, not misleading. The Agency believes that all
required building permits and zoning required for the construction of the
residential developments described in the Official Statement have been
issued or will be issued within the time required therefor.
(d) By official action of the Agency prior to or concurrently with
the acceptance hereof, the Agency has duly authorized and approved the
Preliminary Official Statement and the Official Statement, has duly
authorized and approved the execution and delivery of, and the performance
by the Agency of the obligations on its part contained in, the Indenture,
the Bonds, this Purchase Contract, the Commitment Contracts, the Mortgage
Loan Purchase Agreements and the Servicing Agreements, and has duly
authorized and approved the consummation of all other transactions
contemplated by this Purchase Contract.
(e) The Agency is not in breach of or default under any applicable
law or administrative regulation of the State or the United States or any
applicable judgment or decree or any loan agreement, note, resolution,
agreement or other instrument to which the Agency is a party or is
otherwise subject; and the execution and delivery of the Bonds, the
Indenture, this Purchase Contract, the Commitment Contracts, the Mortgage
Loan Purchase Agreements and the Servicing Agreements, and compliance with
the Provisions of each thereof, will not conflict with or constitute a
breach of or default under any law, administrative regulation, judgment,
decree, loan agreement, note, resolution, agreement or other instrument to
which the Agency is a party or is otherwise subject.
(f) All approvals, consents and orders of any governmental
authority, board, agency or commission having jurisdiction which would
constitute a condition precedent to the performance by the Agency of its
obligations hereunder and under the Indenture, the Bonds, the Commitment
Contracts, the Mortgage Loan Purchase Agreements and the Servicing
Agreements have been obtained,
(g) There is no action, suit, proceeding, inquiry or investigation,
at law or in equity, before or by any court, public board or body, pending
or, to the knowledge of the Agency, threatened against the Agency
affecting the corporate existence of the Agency or the titles of its
officials to their respective offices or the pledge or revenues or assets
of the Agency pledged or to be pledged to pay the principal of and
interest on the Bonds, or in any way contesting or affecting t1he validity
r or enforceability of the Program, the Bonds, the Indenture, this Purchase
Contract, the Commitment Contracts, the Mortgage Loan Purchase Agreements
- or the Servicing Agreements or contesting in any way the completeness or
accuracy of the Preliminary Official Statement or the Official Statement,
or contesting the powers of the Agency or any authority for the issuance
of the Bonds, or the execution and delivery of this Purchase Contract, the
Commitment Contracts, the Indenture, the Mortgage loan Purchase Agreements
or the Servicing Agreements or, to the knowledge of the Agency, seeking to
prohibit, restrain or enjoin the residential developments described in the
Official Statement or the sale, issuance or delivery of the Bonds, nor, to
the knowledge of the Agency, is there any basis therefor, wherein an
unfavorable decision, ruling or finding would materially adversely affect
the validity or enforceability of the Program, the Bonds, the Indenture,
the Commitment Contracts, the Mortgage Loan Purchase Agreements, the
Servicing Agreements or this Purchase Contract.
(hl The issuance and sale of the Bonds is not subject to any
transfer or other documentary stamp taxes of the State or any political
subdivision thereof.
(i) The Bonds, the Indenture, the Commitment Contracts, the Mortgage
Loan Purchase Agreements and the Servicing Agreements conform to the
descriptions thereof contained in the Official Statement, and the Bonds,
when issued, authenticated and delivered in accordance with the Indenture
and sold as provided herein, will be validly issued and outstanding
limited obligations of the Agency entitled to the benefits of the
Indenture.
(j) The Agency has not been notified of any listing or proposed
listing by the Internal Revenue Service to the effect that the Agency is a
bond issuer whose arbitrage certifications may not be relied upon.
Any certificate signed by an authorized officer of the Agency and
delivered to us shall be deemed a representation and warranty by the Agency to
us as to the statements made therein.
6. Covenants. The Agency covenants with us that:
(a) If between the date of this Purchase Contract and the date 90
days following the Closing Date an event occurs affecting the Agency or
the Program which would cause the Official Statement or the Preliminary
Official Statement to contain an untrue statement of a material fact or to
omit to state a material fact necessary in order to make the statements
therein, in the light of the circumstances under which they were made, not
misleading, the Agency shall notify us and, if in the opinion of the
Agency or in our opinion such event requires an amendment or supplement to
the Official Statement or the Preliminary Official Statement, the Agency
will, at its expense, amend or supplement the Official Statement in a form
and in a manner jointly approved by the Agency and us; provided, however,
if such event shall occur at or prior to the Closing Date, we in our sole
discretion shall have the right to terminate our obligations hereunder by
written notice to the Agency, and we shall be under no obligation to --
purchase and pay for the Bonds.
(b) The Agency will furnish such information, execute such
instruments and take such other action in cooperation with us as we may
reasonably request to qualify the Bonds for offer and sale under the Blue
Sky or other securities laws and regulations of such states and other
jurisdictions of the United States as us may designate; provided, however,
the Agency shall not be required to register as a dealer or broker in any
such state or jurisdiction.
(c) The Agency will not, without our prior written consent, issue
any bonds, notes or other obligations for borrowed money in connection
with the Residences described in the Official Statement if the interest
rate on mortgage loans to be acquired with the proceeds thereof would be
less than the interest rate on the Mortgage Loans.
7. Conditions to Our Obligation. Our obligation to purchase and pay for
the Bonds will be subject to the accuracy of the representations and
warranties of the Agency herein, to the accuracy of the representations and
warranties made by the Developers and the Lenders pursuant hereto, to the
accuracy of statements to be made on behalf of the Agency, the Developers, the
Lenders and the Trustee hereunder, to the performance by the Agency, the
Developers, the Lenders and the Trustee of their obligations hereunder and to
the following additional conditions precedent:
(a) At the Closing Date, the Program, the Indenture, the Commitment
Contracts, the Mortgage Loan Purchase Agreements and the Servicing
Agreements, and all official action of the Agency relating thereto shall
be in full force and effect and shall not have been amended, modified or
supplemented, and the Official Statement shall not have been amended or
supplemented except as may have been agreed to by us.
(b) At the Closing Date, a commitment to provide private mortgage
guaranty insurance for the Mortgage Loans on the terms and conditions
described in the Official Statement shall have been issued
by (" "), and insurance
companies reasonably acceptable to the Underwriter shall have indicated
their willingness to provide special hazard insurance, standard hazard
insurance and earthquake insurance on the terms and conditions described
in the Official Statement.
(c) The Agency shall have received an approving opinion of Jones
Hall Hill S White, A Professional Law Corporation, Bond Counsel, and we
shall have received a letter from said firm, dated the Closing Date and
addressed to us, to the effect that we may rely upon such firm's opinion
as if it were addressed to us, and a supplemental opinion of Bond Counsel
dated the Closing Date and addressed to us, in substantially the form
attached hereto as Exhibit A.
(d) The Agency shall have received an opinion of Haynes 6 Miller,
Special Tax Counsel, to the effect that the Bonds are not "arbitrage
bonds" within the meaning of Section 103(c) of the Code and the
regulations thereunder, and that the effective interest rate on the -
Mortgage Loans within the meaning of Section 103A of the Code'and the
regulations thereunder, assuming the Mortgage Loans are made In accordance
• with the provisions of the Mortgage Loan Purchase Agreements,Ithe
Servicing Agreements and the Commitment Contracts, will not exceed the
= yield on the Bonds, within the meaning of said Section and regulations, by
' more than 1.125% and that the present value of expected payments of
principal of and interest on the Mortgage Loans at 1004 FHA California
prepayment experience is not less than the amount stated in said opinion
using a discount rate equal to the yield on the Bonds plus 1 percentage
point.
(e) We shall have received opinions, dated the Closing Date and
addressed to us, of:
(i) counsel to each Developer in substantially the form attached to
the Commitment Contracts; and
(ii) counsel to each Lender in substantially the form attached to
the Mortgage Loan Purchase Agreements.
(f) We shall have received a certificate, dated the Closing Date and
signed by an authorized officer of the Trustee, to the effect that: (i)
he is an authorized officer of the Trustee; (ii) the duties and
obligations of the Trustee under the Indenture have been duly accepted by
the Trustee; (iii) the Trustee has all necessary corporate and trust
powers required to carry out the trust intended under the Indenture; and
(iv) to the best of his knowledge, the acceptance by the Trustee of the
duties and obligations of the Trustee under the Indenture and compliance
with the provisions thereof will not conflict with or constitute a breach
of or default under any law, administrative regulation, consent decree or
any agreement or other instrument to which the Trustee is subject.
(g) We shall have received a certificate, dated the Closing Date and
signed by the Chairman of the Agency, to the effect that:
(1) except as disclosed in the Official Statement, no litigation or
other proceedings are pending or, to his knowledge, threatened in any
court or other tribunal of competent jurisdiction, State or Federal,
in any way (A) restraining or enjoining the issuance, sale or
delivery of the Bonds, (B) questioning or affecting the validity of
this Purchase Contract, the Bonds, the Indenture, the pledge to the
Bondholders of any moneys or other security provided under the
Indenture, the Program, the Commitment Contracts, the Mortgage Loan
Purchase Agreements, the Servicing Agreements or any other
transaction referred to in the Official Statement, (C) questioning or
affecting the validity of any of the proceedings for the
authorization, sale, execution, issuance or delivery of the Bonds,
(D) questioning or affecting the organization or existence of the
Agency or the title to office of the officers thereof or (E)
questioning or affecting the power and authority of the Agency to
issue the Bonds, to adopt the Program, or to execute this Purchase
Contract, the Indenture, the Commitment Contracts, the Mortgage Loan
Purchase Agreements and the Servicing Agreements;
(ii) to his best knowledge and belief, the Official Statement does
not contain any untrue statement of a material fact or omit to state
any material fact necessary in order to make the statemepts contained
therein, in light of the circumstances under which they Jere made,
not misleading; and
(iii) the Agency has complied with all the agreements and satisfied
all the conditions on its part to be performed or satisfied at or
prior to the Closing and the representations and warranties of the
Agency contained herein are true, complete and correct as of the
Closing Date.
(h) We shall have received written evidence that Standard 6 Poor's
Corporation has issued a rating of " , or better, on the Bonds and the
documents delivered at the Closing Date shall satisfy the conditions to
the continuance of such rating.
(i) We shall have received on or prior to the Closing Date letters,
dated the Closing Date, from each of the Developers and the Lenders in
substantially the forms provided therefor in the Commitment Contracts and
Mortgage Loan Purchase Agreements, respectively.
(j) The Underwriter shall have received an opinion of Haynes S
Miller, dated the Closing Date and addressed to the Purchaser, as to such
matters the Underwriter shall reasonably request. In rendering such
opinion, Haynes 6 Miller may rely as to all matters of California law upon
the opinions of Bond Counsel.
(k) We shall have received a letter, dated the Closing Date and
addressed to us, from Empire Economics confirming that it is an
independent firm specializing in preparation of housing demand studies
with respect to real estate development of the types described in the
Official Statement and other related matters and stating that, on the
basis of specified procedures, nothing has come to its attention which
would cause it to believe that any amendment of or supplement to its
report referred to in the Official Statement (or the summary thereof
appearing as an appendix to the Official Statement) is required in order
for said report or summary not to contain any untrue statement of a
material fact nor to omit to state any material fact necessary to make the
statements therein, in light of the circumstances under which they were
made, not misleading in any material respect.
(1) At the Closing Date, we shall have received an opinion of
counsel to , dated the Closing Date and addressed to us,
covering such matters as we may reasonably request with respect to the
private mortgage insurance.
All the opinions, letters, certificates, instruments and other documents
mentioned above or elsewhere in this Purchase Contract shall be deemed to be
in compliance with the provisions hereof if, but only if, they are in form and
substance satisfactory to us.
8. Termination. We may terminate their obligations hereunder by written
notice to the Agency if, at any time subsequent to the date hereof and on or
prior to the Closing Date;
(a) (i) Legislation shall have been enacted by the Congress, or
recommended to the Congress for passage by the President of the United
States or the U.S. Department of the Treasury or the Internal ?Revenue .
4 Service or any member of the United States Congress, or favorably reported
=for passage to either House of the Congress by any Committee of such House
-to which such legislation has been referred for consideration, or (ii) a
decision shall have been rendered by a court established under Article III
of the Constitution of the United States, or the United States Tax Court,
or (iii) an order, ruling, regulation or communication (including a press
release) shall have been issued by the Treasury Department of the United
States or the Internal Revenue Service, in each case referred to in
clauses (i), (ii) and (iii), with the purpose or effect, directly or
indirectly, of imposing Federal income taxation upon interest to be
received by any holders of the Bonds.
(b) Legislation shall have been enacted or any action taken by the
Securities and Exchange Commission which, in the opinion of our counsel,
has the effect of requiring the offer or sale of the Bonds to be
registered under the Securities Act of 1933 or the Indenture to be
qualified as an indenture under the Trust Indenture Act of 1939 or any
event shall have occurred which, in their judgment, makes untrue or
incorrect in any material respect any statement or information contained
in the Official Statement or which, in their judgment, should be reflected
therein in order to make the statements contained therein not misleading
in any material respect.
(c) li) In our reasonable judgment, the market price of the Bonds is
adversely affected because: (a) additional material restrictions not in
force as of the effective date hereof shall have been imposed upon trading
in securities generally by any governmental authority or by any national
securities exchange; (b) the New York Stock Exchange or other national
securities exchange, or any governmental authority, shall impose, as to
the Bonds or similar obligations, any material restrictions not now in
force, or increase materially those now in force, with respect to the
extension of credit by, or the charge to the net capital requirements of,
underwriters; (c) a general banking moratorium shall have been established
by Federal, New York or California authorities; or (d) a war involving the
United States of America shall have been declared, or any other national
or international calamity shall have occurred, or any conflict involving
the armed forces of the United States of America shall have escalated to
such a magnitude as to materially affect our ability to market the Bonds;
(ii) there shall have occurred any change, or any development involving a
prospective change in, or affecting the mortgage market in the general
area of the Agency which, in our reasonable judgment, materially impairs
the investment quality of the Bonds or our ability to market the Bonds; or
(iii) any litigation shall be instituted, pending or threatened to
restrain or enjoin the issuance or sale of the Bonds or in any way
contesting or affecting any authority for or the validity of the Bonds, or
the existence or powers of the Agency.
9. Expenses. (a) Whether or not a Closing shall take place hereunder, we
shall be under no obligation to pay, and the Agency shall pay or cause to be
paid out of Bond proceeds or otherwise, any expenses incident to the
performance of the Agency's obligations hereunder, including, but not limited
to, the cost of printing the Bonds, the Preliminary Official Statement, the _
Official Statement, this Purchase Contract, the Blue Sky Memorandum and the
Memorandum as to Legality for Investment and furnishing copies thereof to the
Purchaser, the fees and expenses, if any, of Bond Counsel, the fees and _
expenses, if any, of Special Tax Counsel, the fees and expenses, if any, of
Empire Economics in connection with its housing market study, the fees and
expenses, if any, of the Trustee, the fees and expenses, if any, of Standard &
Poor's Corporation relating to rating the Bonds, fees and expenses for
computer and cash flow calculations and the fees and expenses, if any, of any
other counsel, consultants, accountants or other experts retained by the
Agency in connection with the issuance and sale of the Bonds. The estimated
expenses of the Agency incident to the performance of the Agency's obligations
hereunder are set forth on Schedule III hereto.
(b) The Developers and the Lenders shall pay their own expenses,
including the fees and expenses of their counsel.
(c) We shall pay our own expenses, including all advertising expenses
incurred in connection with the public offering of the Bonds.
10. Notices. Any notice or other communication to be given to the Agency
under this Purchase Contract may be given by delivering the same in writing to
the Agency at its address set forth above, and any notice or other
communication to be given to the Purchaser under this Purchase Contract may be
given by delivering the same in writing to Stone & Youngberg, One California
Street, San Francisco, California 94111.
11. Successors. This Purchase Contract is made solely for the benefit of
the Agency and us (including successors or assigns) and no other person shall
acquire or have any right hereunder or by virtue hereof. The representations,
warranties, and agreements contained herein shall remain operative and in full
force and effect and shall survive delivery of and payment for the Bonds
hereunder, regardless of any investigation made by us or on our behalf.
12. Governing Law. This Purchase Contract shall be governed by the laws
of the State of California.
13. Effectiveness. This Purchase Contract shall become effective upon
the execution of the acceptance hereof by the Agency.
Very truly yours,
STONE & YOUNGBERG
Accepted by resolution adopted at Rancho Cucamonga, California,
on , 1983.
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
N 1911
MATURITIES, PRINCIPAL AMOUNTS AND INTEREST RATES
Maturity Principal Interest
s Date Amunt
Rate
10
SCHEDULE II
ESTIMATED ISSUANCE EXPENSES OF AGENCY
Purpose Amount
i
Bored Counsel - Jones Hall Hill S White $
Standard 6 Poor's Corporation Rating Fees
Initial Trustee Fee - Security Pacific National Hank
Bond printing -
Official Statement Printing and Mailing -
Feasihility Consultant - Empire Economics
First Year Special Hazard Insurance Premium -
Special Tax Counsel - Haynes 6 Miller
Verif ; -ation -
Total
7'
11
EXHIBIT A
Letterhead of
BOND COUNSEL =
(Closing Date) !
Stone S Youngberg
One California Street
San Francisco, California. 94111
$35,675,000
Rancho Cucamonga Redevelopment Agency
Residential Mortgage Revenue Bonds
1983 Series A
Dear Sirs:
On the date hereof we rendered to the Rancho Cucamonga Redevelopment
Agency (the "Agency ") an opinion approving the validity of $35,675,000
principal amount of the above mentioned Bonds (the "Bonds "), issued pursuant
to Chapter 8, Part 1 of Division 24 of the Health and Safety Code of the State
of California (the "Act "), and a Trust Indenture dated as of March 1, 1983
(the "Indenture "), between the Agency and Security Pacific National Bank, as
Trustee. You are authorized to rely upon said opinion as if addressed to you.
In that connection, we have examined (to be completed)
Based on the foregoing, in our opinion:
(i) The Agency is a political subdivision of the State of California
established and existing under the laws of said State.
(ii) The Agency has full legal right, power and authority to execute
and deliver the Indenture, to authorize and issue the Bonds and to carry
out the transactions contemplated by the Indenture and the Bonds; the
Indenture has been duly executed and delivered by the Agency, is in full
force and effect and constitutes the valid, legal and binding agreement of
the Agency enforceable in accordance with its terns.
(iii) The Agency has duly performed all obligations to be performed
by it pursuant to the Indenture on or prior to the date hereof.
(iv) The Bonds are not subject to the registration requirements of
the Securities Act of 1933, as amended, and the Indenture is exempt from
qualification pursuant to the Trust Indenture Act of 1939, as amended.
(v) The statements contained in the Official Statement under the
captions "INTRODUCTION ", "THE BONDS ", "SECURITY FOR THE BONDS AND FLOW OF
FUNDS ", "RESIDENTIAL MORTGAGE FINANCING PROGRAM ", "THE INDENTURE" and
"LEGALITY AND TAX EXEMPTION" insofar as such statements purport to
summarize, the Indenture, the Bonds, the Agency's mortgage financing
12
A -2
program and the documents described therein, and exemption from Federal
income taxes of interest on the Bonds, present a fair and accurate
statement with respect to the information contained therein.
i
_ (vi) The Agency has the power and the authority to purchase the
Mortgage Loans on the terms and conditions contemplated by the Official
_ Statement and the Indenture, and the making of Mortgage Loans by the
Lenders and the purchase thereof by the Agency will not violate any
interest rate limitations now contained in the Constitution of the State
of California or any law or regulation of such state applicable thereto;
provided, however, that no opinion is expressed with respect thereto at
any time when the sum of (a) the "discount rate" charged by the Federal
Reserve Bank of San Francisco to member banks (or as such rate is
established by other applicable counterpart or designee) and (b) 5% shall
be less than the effective interest rate on Mortgage Loans.
(vii) The Agency has duly authorized and approved the Commitment
Contracts, the Mortgage Loan Purchase Agreements and the Servicing
Agreements, and such agreements constitute valid, legal and binding
agreements of the Agency.
Based on our participation in the preparation of the Official Statement as
Bond Counsel and without having undertaken to determine independently the
accuracy, completeness or fairness of the statements contained in the Official
Statement, we have no reason to believe that the Official Statement, as of its
date, contains any untrue statement of a material fact or omits to state any
material fact necessary in order to make the statements contained therein, in
the light of the circumstances under which they were made, not misleading
(except for the statistical and other financial data included therein, as to
which we express no view).
Very truly yours,
13
0044H JHHW:ACH:ea 02/25/83
t
FIRST AMENDMENT TO PROGRAM DEPOSIT AGREEMENT
This First Amendment to Program Deposit Agreement (the "First Amendment ")
entered into this day of February, 1983, by and between the Rancho
Cucamonga Redevelopment Agency (the "Agency ") and Lewis Homes of California (the
"Developer ")
W I T N E S S E T H:
WHEREAS, the legislature of the State of California has, pursuant to Chapter
8 (commencing with Section 33750) of Part 1 of Division 24 of the California Health
and Safety Code, authorized redevelopment agencies to purchase long -term, low -
interest rate loans to finance new residential construction in redevelopment
project areas in order to encourage investment within and to upgrade such areas and
has authorized such agencies to issue revenue bonds to finance the purchase of such
loans;
WHEREAS, the Agency proposes to undertake a Mortgage Loan Financing Program
(the "Program ") to purchase loans (the "Mortgage Loans ") made to finance new
single - family owner-occupied residential units (the "Residences ") to he
constructed within its Rancho Redevelopment Project Area ") and to issue Residential
Mortgage Revenue Bonds (the "Bonds ") to finance the purchase of the Mortgage Loans;
WHEREAS, the Developer is in the process of subdividing land within the
Project Area and intends to construct and market new single - family residential
units thereon and desires to reserve a portion of the proceeds of the Bonds to
provide funds to purchase Mortgage Loans made with respect thereto;
WHEREAS, in implementation of the Program and and issuance of the Bonds, the
Agency and the Developer on December , 1982, entered into a Program Deposit
Agreement providing, among other things, for the deposit of moneys by the Developer
with the Agency for purposes of obtaining an allocation for a portion of the Bonds,
the proceeds thereof to be reserved to purchase Mortgage Loans made with respect to
Residences to be constructed by the Developer;
WHEREAS, the Developer also desires to be able to reserve a portion of the
proceeds of mortgage revenue bonds to be issued by the County of San Bernardino, a
portion of the proceeds of which will be available to fund Mortgage Loans made in
the City of Rancho Cucamonga;
WHEREAS, the City of Rancho Cucamonga desires to cooperate with the County
of San Bernardino in authorizing the funding of home mortgages made within the City
in a manner, however, which will not adversely affect the Program of the Agency;
and
WHEREAS, the Agency and the Developer desire to amend the Program Deposit
Agreement to provide for participation of the Developer in the program of the
County in a manner which will not adversely affect the Program of the Agency;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PREMISES HEREIN SET FORTH,
AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, IT IS HEREBY AGREED, as follows:
I . The following paragraph 12 is added to the Program Deposit Agreement to
read as follows:
"12. The Agency shall request the City of Rancho Cucamonga to enter
into an agreement to cooperate with the County of San Bernardino to provide funding
of home mortgages made with respect to homes to be constructed by the developers
within the City of Rancho Cucamonga, subject to the following conditions: _
(a) The Reservation of the Developer shall be in an amount of not
less than $
(b) The number of Residences in the purchase price range of
875,000 to $95,000 to be financed with the proceeds of the Agency Bonds plus the
number of homes in such price range to be finances with the County of San Bernardino
mortgage revenue bonds shall together not exceed fifty percent (50%) of the
estimated market absorption for the City of Rancho Cucamonga of single - family homes
in such purchase price range for the three (3) year period commencing with the date
of delivery of the Agency's Bonds, such market absorption to be determined
conclusively by Joseph T. Janczyk, Empire Economics, as set forth in Mr. Janczyk's
Market Analysis Study, dated January, 1983, prepared for the Agency's Program;
(c) In the event that the allocation for issuance of the Bonds
granted by the State Mortgage Bond Allocation Committee on February 17, 1983, shall
expire without the Agency's Bonds having been sold, then the limitation upon the
Developer contained in this paragraph 12 shall have no further force and effect;
and
2. Except as herein specifically provided to the contrary, all of the
provisions of the Program Deposit Agreement by and between the Agency and the
Developer shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed by their representatives thereunto duly authorized the day and date
first above written.
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
By
By
RESOLUTION NO. 83 -27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, PROCLAIMING EXISTENCE
OF A LOCAL EMERGENCY AND REQUESTING GOVERNOR TO (1)
PROCLAIM A STATE OF EMERGENCY; AND (2) REQUEST A
PRESIDENTIAL DECLARATION.
WHEREAS, Ordinance No. 104 of the City of Rancho Cucamonga
empowers the Director of Emergency Services to proclaim the existence or
threatened existence of a local emergency when said city is affected or likely
to be affected by a public calamity; and
WHEREAS, the City Council has been requested by the Director of
Emergency Services of said city to proclaim the existence of a local emergency
therein; and
WHEREAS, conditions of extreme peril to the safety of persons
and property have arisen within said city, caused by storm and flood
commencing on or about 8:00 -a.m. on the 27th day of February, 1983; and
WHEREAS, the aforesaid conditions of extreme peril warrant and
necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists throughtout said city; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence
of said local emergency the powers, functions, and duties of the Director of
Emergency Services and the emergency organization of the city shall be those
prescribed by state law and by local emergency operation ordinance and
resolutions of this city approved by the City Council on May 27, 1980.
WHEREAS, it has now been found that local resources are unable
to cope with the effects of said emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that a copy
of this resolution be forewarded to the Governor of California with the
request that he proclaim the City of Rancho Cucamonga to be in a state of
emergency; and further that the Governor request a Presidential major disaster
declaration.
IT IS FURTHER ORDERED that a copy of this resolution be
forwarded to the State Director of the Office of Emergency Services.
IT IS FURTHER RESOLVED that Lloyd Hubbs, city engineer, is
designated as the local Hazard Mitigation Coordinator of the City of Rancho
Cucamonga for the purpose of assessing damage within said city and consulting
with Federal /State survey teams about hazard mitigation actions; and
IT IS FURTHER RESOLVED that Jack Lam, Community Development
Director, is hereby designated as the authorized Hazard Mitigation Planner,
and Lauren M. Wasserman, city manager, is hereby designated as the authorized
representative for individual assistance of the City of Rancho Cucamonga for
Resolution No. 83 -27
Page 2
the purpose of receipt, processing, and coordination of all inquiries and
requirements necessary to obtain available state and federal assistance.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 1983.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
A
Jon D. Mikels, Mayor
RESOLUTION NO. 83 -28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING EMERGENCY
EXPENDITURES FOR REPAIRS OF PUBLIC ROADS AND
STREETS, INCLUDING RIGHT OF WAYS, PURSUANT TO
GOVERNMENT CODE SECTION 37906
WHEREAS, severe storms and flooding commencing on or about
February 27, 1983 have caused extensive damage to public roads and streets,
including right -of -ways, in the City of Rancho Cucamonga; and
WHEREAS, such storms may continue and may cause further damage
within the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga has
declared that a local emergency now exists within the City from said storms
and flooding;
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
does resolve as follows:
1. The public interest and necessity demand the
immediate expenditure of public money for the
repair and /or replacement of public roads and
streets including right -of -ways in the City
damaged by storms and floods since February 27,
1983 in order to safeguard life, health, and
property.
PASSED, APPROVED, and ADOPTED this 2nd day of March 1983
AYES:
NOES:
ABSENT:
Jon D. Mikels, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk