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HomeMy WebLinkAbout1983/09/07 - Agenda PacketUl'v or RMIXIx) (1C%N1(11kik CITY COUNk'IL. AGENDA Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California September 7, 1983 - 7:30 p.m. Regular Meeting All items submitted for the City Council Agenda must be in writing. The deadline for submitting Chase items is 5:00 p.m. on the Wednesday prior to the meetini,. The City Clerk's Office receives all such items. 1. CALL TO ORDER A. ?1 Q! e of Allegiance to Flag. • B. Roll Cail: Buquet _, Dahl Frost F Schlosser , , and Mikels -i 4ppr v,1 of Minutes; July 18, 1983, August 3, 1963 and Ann,jnt '7, 1983. 2. ANNOUNCEMENTS ptember 8, 1983, 7:00 p.m. - FIRE DISTRICT BOARD OF .`:Rh:C''0%.S, Lions Park Community Center. 9. 'Wndn'.ad3y, 3et.p =.tuber 14, 1083, 7:00 p.m. - PLANKNO COMMISSION MF.r.1NN11'1, I.Inns Park Community Center. 20, 1983, 6:30 p.m. - PLANNING COMMISSION WCR?;IM0 � IF.ARTNG for Development Code - Lion: Park Community er. 3._ WNSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controveraial. They will be acted upon by the Council at one time without discussion. ja. Approval of 'Warrants, Register No. 93 -09 -07 and Payroll enainP, I 8? -O8 in thr total amount of $335,413.05• b. Approval Of July, 1983 Warrant. Register for Assessment } District 82 -1 in the amount of $3,625.60 and Assessment. District 82 -2 in the amtnmt, of $3,590. City Council Agenda -2- September 7, 1983 • c. Forward Claim by Frederick Docks and Shaeffer Trucking Company 5 Inc, to City Attorney for handling. d. Forward Claim by Thomas John Bryant to City Attorney for 7 handling. e. Forward Claim by Southern Pacific Transportation Company to 9 City Attorney for handling. f. Lease Purchase of Mowing Equipment. Lease porchase of tractor 10 and ganged mowers for maintenance purposes, to be funded from the Inter - governmental Service Fund. Total cost $46,197• g. Acceptance of Improvements Constructed in conjunction with 21 Assessment District 82 -1, 6th Street Industrial Area. RESOLUTION N0. 83 -147 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ASSESSMENT DISTRICT 82 -1, 6TH STREET INDUSTRIAL AREA AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. • h. Acceptance of Vineyard Avenue Street Improvements, FAU No, 24 M /MR- R194(2). It is recommended that Council accept as complete the Vineyard Avenue Street, Drainage and Signal Impro- iments, FAU No. M/MR- R194(2) and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bond and retention and authorize final payment. RESOLUTION N0. 81 -148 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR VINEYARD AVENUE STREET IMPROVEMENTS FAU PROJECT NO. M /MR- R194(2) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK I. Acceptance of Alta Loma Park Concrete Improvements. It is 27 recommended that Council accept as complete the Alte Loma Park Concrete Improvements and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and releaan performance bonds and retention and authorize final payment. RESOLUTION 10. 81 -149 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ALTA LOMA PARK CONCRETE IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. City Council Agenda -3- September 7, 1983 • j. Recommend approval of agreement with Richwood Development to 30 participate in the cooperative reconstruction of 9th Street between Baker and Madrone. k• Acceptance of Bonds and. Agreement for Model Homes for 35 Tentative Tract No. 12316 -1 (Terra Vista), Lewis Homes Developer located on the east side of Haven Avenue, south of Base Line Road. RESOLUTION NO. 83 -150 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY OF TRACT NO. 12316- 1. 1. Setting Public Hearing for October 5, 1983 to form Landscape 46 Maintenance District No. 3 for Parcel Map 7349 located on the north side of 4th Street, east of Route 15 Freeway, Lewis Homes developer. RESOLUTION NO. 83 -151 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA, 'INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. RESOLUTION NO. 83 -152 5G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3. RESOLUTION N0, 83 -153 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. m. Approval of Improvement Extension Agreement for S. A. 80 -09 60 located at, the northwest corner of Haven and Banyan Avenues and suhmitted by the Southern California District of the Lutheran Church. RESOLUTION NO. 8 1- 154 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR S.A. 80 -09• City Council Agenda -4- September 7, 1963 n. Intent to Vacate an East /West Alley located between Calaveras 61 and Vinmar Avenues, south of 9th Street. 56 RESOLUTION N0, 13� -155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC9.M0NGA, COUNTY OF SAN BERNARDIND, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE EAST /WEST ALLEY LOCATED BETWEEN CALVERAS AND VINMAR AVENUES, SOUTH OF 9TH STREET. o. Approval of Agreement and Security for Parcel Map 6051 located 77 on the north side of Manzanita between Sacramento and Beryl Avenues. RESOLUTION NO. 31 -256 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP NO. 6051. p. Acceptance of Parcel Map 7349 and Bonds and Agreement 82 submitted by Lewis Development Co. and located on the north side of 4th Street, east or Route 15 Freeway. RESOLUTION NO. 83 -157 8+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7349, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY. q. Release of Subdivision Sign Bonds for Jones Company - Tract 9•'. 9305/NC -012. Sign bond for subdivision sign $500 General Outdoor Advertising r. Loan to Redevelopment Agency. Consideration from Rancho Cucamonga Redevelopment Agency of loan to incur debt. Recommend Council approve loan request by R.D.A. in the amount of $1 „06,000. RESOLUTION NO. 81 -156 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING A LOAN TO 31 THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY s. Acceptance of Agreement for professional construction services 96 for Victoria Planned Community by Hoch Bedrosian, owner of Runmar Enterprises. City Council Agenda -5- September 7, 1983 t. Minor Contract I ;,difications -Army Corps of Engineers contract 106 for Recreation Development at Cucamonga /Demens Channels. u. Acceptance of Annual Supplementary Maintenance and Emergency Contract renewal with Laird Construction. 4. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -03 - LEE. A 125 change of zone from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential) for 1.93 acres of land located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24. Staff report by Michael Vairin, Senior Planner. ORDINANCE NO. 209 (first reading) 153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207- 211 -24, LOCATED ON THE WEST SIDE OF VINEYARD BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD FROM A -1 TO R -3. • B. APPEAL OF PLANNING 0010=I0N DECISION - CONDITIONAL USE 154 PERMIT 83-11 - DATA DESIGN. Appeal of Planning Commission decision for the temporary placement of two 1440 square foot office trailers on 1.8 acres of land in conjunction with an existing manufacturing facility in the M -R -T (restricted manufacturing) zone located at 7915 Center Avenue - AFS 1077- 401-08. Staff report by Michael Vai.in, Senior Planner. C. APPEAL OF CONDITIONS FOR PARCEL MAP 8007 LOCATED ON THE WEST 174 SIDE OF MIMOSA AVENUE BETWEEN WILSON AND HILLSIDE AVENUES Requested by Janine Slane Tibbets developer. D. HISTORICAL LANDMARK DESIGNATION FOR R.D. COUSINS HOUSE (CHRISTMAS ROUSE). RESOLUTION NO. 83-159 188 A RESOIATTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING T4E H. D. COUSINS HOUSE aka CHRISTMAS HOUSE AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. 5. NON- ADVHRTIZED PUBLIC HEARINGS No items submitted. 7. CITY ATTORNEY'S REPORTS 8. COUNCIL BUSINESS A. SWIMMING POOL FENCE MIGHT REVISION The, i7 ty Counc ii r-1 minition of the city ordinances regarding fencing, for ❑'d ^vi ng pools and spas. Gtaff report by ,Jerry Grant., Huildinv Offi ^ial. Recommended by the tuild,ng offinial that the City Council direct staff' to pubiish not iflcntion of C i'_y Council Agenda -6- September 7, 1983 e6. CITY MANAGER'S REPORTS A. APPLICATION FOR HOUSING MORTGAGE BOND ALLOCATION The City i9O will .ply for a bond allocation with the state of California for a new home mortgage loan program with participating dove :no er ;. Staff report by Tim Beedle, Senior Planner. RESOLUTION NO. 83 -160 lag A .E3CLUTION OF THE CITY COUNCIL OF THE CITY OF 9111.11 ^Ii'0 CUCAMONGA, CALIFORNIA, AUTHORIZING A ?F',ICATION FOR ALLOCATION OF MORTGAGE SUBSIDY AND FILING OF NOTICE OF SALE THEREOF WITH BOND ALLOCATION COMMITTEE, AUTHORIZING ER"'UTION OF PROGRAM DEPOSIT AGREEMENTS AND ,RC'i :DIN. OTHER MATTERS PROPERLY RELATING THERETO, ., REQUEST FROM DISPOSAL SERVICES FOR RESIDENTIAL RUBBISH RATE 201 AD.IUSTMENT. Local disposal services are requesting a g()c onth rcllA on residential rubbish rates to beroce .. ., ..? October 1, 1933• Staff report by Robert Rizzo, A,lnir.strat.ve Analyst. :. AMENDMENT TO THE BUSINESS LICENSE ORDINANCE. Ordinance is for 20: �, o. of clarifying, the meaning of gross reeeipto of real • bat�^ro'':crs. �t ORDINANCE NO. 20d secaaS reading) 20: :A 7: :)RDIAANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING S'u9 °ECTION A5 OF SECTION OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLARIFY THE MEANING OF GROSS RECEIPT:; OF REAL .,: "ATE BROKERS FOR THE PURPOSES OF RUSINESS LICENSE TA:XF's. D. CABLE; . .bVlS10N STATUS REFORT Staff report by Robert 2nr• Rii,,o, Adminirtrativa Analyst. Recommend City Council ;li— n mo,,it. ^mum on granting CATV licenses within the Cit; staff to Aevo' ^p a CATV ordinance. 7. CITY ATTORNEY'S REPORTS 8. COUNCIL BUSINESS A. SWIMMING POOL FENCE MIGHT REVISION The, i7 ty Counc ii r-1 minition of the city ordinances regarding fencing, for ❑'d ^vi ng pools and spas. Gtaff report by ,Jerry Grant., Huildinv Offi ^ial. Recommended by the tuild,ng offinial that the City Council direct staff' to pubiish not iflcntion of City Cou.^il Agenda -7- September 7, 1983 • _,.ns aeration of an ordinance changing the minimum fencing height . ^nr swimming pools and setting the date of October 19, 194' fcr hearing. ORDINANCE NO. 122 -A (first reading) ^_13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FANCHO CUCA.MONGA AMENDING THE MINIMUM HEIGHT FOR 34:4MING POOL FENCING. 9. 11DJOURNF NT Is July 18, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting An adjourned meeting of the City Cgtmcil of the City of Rancho Cucamonga was held in the Lions Park Community Center,9161 Base Line Road, on Monday, July 18, 1983. The meeting was called to order at 7:04 p.m. by Mayor Jon. D. Mikels. Present were Couneilmembers: Richard M. Dahl, Charles J. Russet I1, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Jim Robinson; Finance Director, Harry Empey; Community Development Director, Jack Lam; ;ity Engineer, Lloyd Hubbs; and City Planner, Rick Gomez. Mayor Mikels stated the purpose of this adjourned meeting was to conduct a general public hearing to determine the allocation of Revenue Sharing funds for Fiscal Year 1983 -84. • City Manager Lauren Wasserman recommended that the City Council appropriate EP 15 October 1, 1983 - September 30, 1984 (revenue sharing) for the purpose of law enforcement services in whatever amount the City of Rancho cucamonga ul :{rya tely receives. '!iifr Mdk =,1a opened the meeting for public hearing for anyone wishing to ro-- ,on(! to the City Counc's intent to utilize revenue sharing funds for law cnlbrcemrnt. No nuhlic testimony was received and the public hearing was subsequently clnn -d. Motion: Moved by Dahl, seconded by Schlosser to allocate the FY1983 -84 revenw• sharing funds to support the City's law enforcement services. Motion carri,,d unanimously 5 -0. ADJOURNMENT Motion: M,�ved by Buqurt, secorrlyd by Dahl to adjourn to a Redevelopment Agency _ meeting. Motion carried unanimounly 5 -0. fee meeting adjourned at 7:10 p.m. Renpeetrully submitted, James Robinson Assistant City Manager • August 3, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A regular meeting of the City Council of the City of Rancho Cucamonga, California, met on Wednesday, August 3, 1983 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present were Counnilmembers: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Approval of Minutes: Notion: Moved by Schlosser, seconded by Dahl to approve the minutes of April 25, 1983, May 2, 1983, May 17, 1983, June 14, 1983, and July 20, 1983. Motion carried unanimously with Frost and Mikels abstaining on the Minutes of July 20th since they were not present, but at a League Conference in Monterey. Mr. Wasserman requested an Executive Session following the meeting to deal with personnel matters. • 2. ANNOUNCEMENTS A. Thursday, August 4, 7:00 p.m, - HISTORICAL PRESERVATION COMMISSION - Lions Park Community Center. 3. CONSENT CALENDAR A. Approval of Warrants, Register No. 83-7-30 and Register No. 83 -8 -3, and Payroll ending 83 -07 -24 in the total amount of $353,350.22. B. Forward Claim by Dorothy Busch Rackstraw to Carl Warren Company for handling. C. Forward Claim by Robert W. Rackstraw to Carl Warren Company for handling. D. Forward Claim by Paul Joseph Bonello to Carl Warren Company for handling. E. Foward Claim against the City by Chaffey Joint Union High School District and Alta Loma High School to City Attorney for handling. (Reference the Klock Claim). F. Foward Claim against the City by Chaffey Joint Union High School District and Alta Loma High School to City Attorney for handling. (Reference the Ivie Claim). • August 3, 1983 Minutes Page 3 ORDINANCE NO. 123B (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.0219(8)(7) OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE NO. 123, RESIDENTIAL PARKING STANDARDS. Motion: Moved by rx-st, seconded by Schlosser to waive full reading of Ordinance No. 1238. Mo4'p carried unanimously 5 -0. Mr. Dahl stated that he felt there were areas in the ordinance which should be clari.f'ed; for example, the cluster housing. This should be looked at somstims in the future, but not tonight. Motion: Moved by Dahl, seconded by Buquet to approve Ordinance No. 1238. Motion carried by the .following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None •B. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -01 - CHNISTESON. A change of zone from A-1 (limited agriculture) to C -2 (general business commercial) for 1,y.1 acros of land located at the northwest corner of Foothill Boulevard and Ha.v„n kL.,n•�„ - APN 1077- 401 -01, 03, PlanninG Commission recommends approval of zone change and issuance of Negative Declaration. Xl :,or Mikels opened the meeting for public hearing. There being no response, Lien public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 206. ORDINANCE NO. 206 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 1077- 401 -01 AND Op, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD FRJM A -1 TO C -2. Motion: Moved by Schlosser, - eeonded by Dahl to waive full reading of Ordinance No, 206. Motion carried unanimously 5 -0. Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. ?66. Motion rnrried by the following vote: AYES: Dahl, Buqu =.t, Schlosser, Frost, Mikels NOES: None ABSENT: None C. ORDER TO VACATE A 20 FOOT ALLEY ADJACENT TO LOTS 2 THROUGH 12 OF TRACT 2521. Gerald Edwards, developer of D.R. 83 -08, has requested that the alley located between Red Hill Country Club Drive and Foothill Boulevard be August 3, 1983 Minutes Page 2 G. Forward Claim against the City by Debra Thompson Sanchez, Daniel Sanchez, • and Ruth Sanchez to City Attorney for handling. H. Alcoholic Beverage Application for Off -Sale General License for National Convenience Stores, Inc., (Stop and Go Market) 6760 Carnelian Avenue, Alta Loma. I. Alcoholic Beverage Off Sale General Application for Pierce Plaza Liquor and Delicatessen, Inc., Duane Bernd, President, 10277 Foothill Blvd. J. Alcoholic Beverage Off -Sale Beer and Wine Application for Southland Corporation,, 7 -11 Store 02135 -new, 8011 Archibald Avenue. K. Recommend authorization to direct Assessment District engineer to prepare the necessary documents to proceed with the public hearing on the Alta Loma Channel Assessment District. (Phase II). L. Request approval to solicit bids for the overlay of Base Line Road from Carnelian Avenue to Vineyard Avenue. M. Request approval to advertise for bids for Maintenance of City -owned Traffic Signals. N. Request approval of Alta Loma Park Concrete Contract Change Order No. 1. 0. Approval of Extension Agreements for Tracts 11934, 12044, 12045, and 12046 submitted by William Lyon Company (Victoria Planned Community Phase I). RESOLUTION NO. 83 -129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACTS 11934, 12044, 12045, AND 12046. Motion_ Moved by Dahl, seconded by Schlosser to approve the Consent Calendar as submitted. Motion carried unanimously 5 -0. 4. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE. AMENDMENT 83-04. An ordinance amendinq Section 61.0219 «)(7), Rom ;dential Parking Standards, of the Rancho Cucamonga Interim Zoning Ordinance. Mr. Wasserman stated that Council had reviewed this extensively at the last meeting. If they had questions, Jack Lam was present to answer them. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 123B. • • August 3, 1983 Minutes Page 3 ORDINANCE NO. 1238 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.0219(8)(7) OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE NO. 123, RESIDENTIAL PARKING STANDARDS. Motion: Moved by Frost, seconded by Schlosser to wolvx full., reading of Ordinance No. 1238. Motion carried unanimously 5 -0. Mr. Dahl stated that he felt there were areas in the ordinance which should be clarified; for example, the cluster housing. This should be looked at .sometime in the future, but not tonight. Motion: Moved by Dahl, seconded by Buquet to approve Ordinance No. 1238. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABM^ NT: None •B. ENVIRONMENTAL ASSESS!" AND ZONE CHANGE 83-01 - CNNISTESON. A change of zone from A -1 (limited agriculture) to C -2 (general business commercial) for 13.1 acres of land located at the northwest corner or Foothill Boulevard and iia+en Aven•ie - APN 1077- 401 -01, 03. Planning Commission recommends approval or zone rhnnge and issuance of Negative Declaration. Xiior Mikels opened the meeting for public hearing. There being no response, th p'!rblic hearing, was closed. City Clerk Wasserman read the title of Ordinance No. 206. ORDINANCE NO. 206 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 1077- 401 -01 AND 03, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD FROM A -1 TO C -2. Motion: Moved by Schlosser, seconded by Dahl to waive full reading of Ordlnnnce No. :106. Motion carried unanimously 5 -0. Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. 206. Motion carried by the following vote: AYES; Dahl, Buquet, Schlosser, Frost, Mikels NOES; None ABSENT: None C. ORDER TO VACATE A 20 POUT ALLEY ADJACENT TO LOTS 2 THROWN 12 OF TRACT 621. Gerald Edwards, developer of D.A. 83 -08, has requested that the alley located between Red Hill Country Club Drive and Foothill Boulevard be August 3, 1993 Minutes Page 5 RESOLUTION NO. 83 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED A 20 FOOT ALLEY ADJACENT TO LOTS 2 THROUGH 12 OF TRACT NO. 2521 GENERALLY LOCATED BETWEEN FOOTHILL BOULEVARD AND RED HILL COUNTRY CLUB DRIVE. D. VACATION OF PORTION OF FRONTAGE ROW. Vacation requested by William Campbell, developer of Parcel Map 6114, located on the south Side of Foothill Boulevard, west of Ramona Avenue. Mr. Rusts stated that the developer has not yet posted the necessary bonds to accomplish the vacation. It was starve recommendation to deny the vacation. Haver Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Buquet, seconded by Frost to approve Resolution 83 -80, denying the vacation, and to waive full reading of the Resolution. Motion carried by the following vote: AYES: Dahl, Buquet, Schlossr, Frost, Mikels • NOF,S: None ABSENT: None f,i`,y T;nrl: 'Wasserman read the title of Resolution No. 83 -80. F. RESOLUTION NO. 83 -80 A RE;OL'JTIOtI OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOUOA, CALIFORNIA, DENYINU THE ORDER TO VACATE A PORTION OF THE FRONTAGE ROAD ON THE SOUTH SIDE OF OF FOOTHILL BOULEVARD, WEST OF RAMONA AVENUE (PARCEL MAP 6111). lN9. Located on the north slide of V' Item originally set. for July 6, 1983. Mr. !lubhs °tak,d that this wan another item which has been continued several tir.n. It io staff's recommendation that the item be tabled. Mayor Mikels opened the meeting for public hearing. There being no response, thr public hrnring was closed. Motion: Moved by Schlosser, seconded by Buquet to tabio Resolution No. 83- 11. Motion carried by the following vote' "jP AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABF,FNT: None August 3, 1983 Minutes Page 6 • RESOLUTION NO. 83 -172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3. nu• COUNCIL POLICY: Mr. Dahl stated that should set a policy directing staff that all necessary paper work should be completed before the item is noticed and put on the agenda. Council concurred. •1111 F. FORM TI ATION OF STREET LIGHTING MAINTENANCE DISTRICTS MO. 1 AND 2. Formation of two Districts is recommended: one for lights along the arterial streets, and another for lights on local residential streets within newly recorded subdivisions of the City. Item. originally set for July 6, 1983. Staff report by Paul Rougeau, Associate Civil Engineer. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Pamella Larsen, 9844 Cerise Street, who lived in one of the William Lyon homes. They opposed the creation of the Assessment District. They felt I' was city wide benefit and discriminated against the first time home • buyer. She requested that Council continue item so home owners can get together on this. If this could not be done, then they would like some assurance that they be notified of any increase in the amounts. There being no further public response, Mayor Mikels closed the public hearing. Mr. Dahl emphasized that we were looking for alternative sources of funds since we simply did not have funds. William Lyon Company knew about this for a long time. In fact, it was their idea. If you were not informed, then you must talk to the representative because they should have notified you. Mr. Frost pointed out that before incorporation we had CS -38 which was a street light and weed abatement district. That assessisnt district was eliminated with the intent that the city would set th <.r tax rate. That was the same June that Proposition 13 passed. City Clork 'Wasserman read the title or Resolution No. 83 -131. RESOLUTION NO. 83 -131 A RESOLUTION OF THE CITY COUNCIL OF IMF CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 1. Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 83 -131 • and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost., Mikels August 3, 1983 Minutes Page 7 • NOES: None ABSENT: None City Clerk 'Wasserman read the title of Resolution No. 83-132. RESOLUTION NO. 83 -132 A RESOLUTION.'! OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRI-'T N0. 2. Motion_ Moved by Schlosser, seconded by Dahl to approve Resolution No. 83 -132 and to ai•ve fall reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSF, 17: None {111iii :layer Miksls nailed a recess at 9:00 p.m. The meeting reconvened at 9:20 p.m. with all m1mbers of Council present. • 4 #a**x LEVYING AND COLLECTING OF ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1. Staff report by Lloyd Hubbs, City Engineer. Mr. !!uhbs ntn7ed that they were requesting that an assessment of $43•DO be set per lot which would be a $2.00 decrease from last year's assessment. Mayor Mittel; opened the meeting for public hearing. There being no response, the public hearing was closed. Mr. Frost expressed concern about the $15,000 excess being spent outside the district; the money should be spent in the area where the costs are generated. He rornmmended that we eliminate the three parkway projects: Southeast. turner Lemon A Hermosa l'itn at .la ^per (P.M. 5922) Archihnld R Plies (Tract 10569) Motion: Moved Pc Frost, seconded by Schlosser that the 1983 -84 assessment he act au $112.00; that the proposed restoration projects in the amount of .b15,5S5. :'i h.• dgl-ted; and that the Council_ policy be reinforced that funds generated within a District be spent within that District. �Mr. Hubbs sta t.ed that reducing this by $1.00 would not reduce the carry over. Mr. Dougherty stated that in an Assessment District you may have some reserve for contingency. It may be necessary to use these in reducing the assessments. However, it will be necessary to change the Resolution before August 3, 1983 Minutes Page 8 • Council to reflect the above amendments. He recommended the following changes: Section 2: Be it further resolved that the report filed by the Engineer, as amended by the City Council, is hereby finally approved; and Section 3: Be it finally resolved that the assessments for fiscal year 1983 -84 and method of assessment in the Engineer's Report, as amended by the City Council, are hereby approved. City Clerk Wasserman read the title of Resolution No. 83 -111. RESOLUTION NO. 83 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 1983 -84 PURSUANT TO THE LANDSCAPING AND LIGH'r 1NG ACT OF 1972 IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 1 Motion: Approved by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None • ABS3ENT: None 4H. ENVIRONMENTAL ASSESSMERT INITIAL STUDY FOR PROPOSED BERYL STREET /RELLMAN AVENUE STORM DRAIN IMPROYEMENTS. A combined pipe and open channel storm drain des!gned to alleviate localized drainage problems between Beryl Street, south of Highland Avenue, and Hellman Avenue, north of Monte Vista Street. Staff report by Lloyd Hubbs. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing, was closed. Motion: Moved by Dahl, seconded by Buquet to approve Resolution No. 83-133 and to waive full reading. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOE,: Nom: ABSENT: Nor,, City Clerk Wassrrman read title of Resolution No. 83 -133. RESOLUTION NO. 83 -133 A RE:;CLUTION OF THE CITY COUNCII, OF THE CITY OF RANCHO CUCAMONG,A, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND GRANTING THE ISSUANCE OF A • NEGA'IIVF DECLARATION FOR THE PROPOSED BERYL STREET /HF.LLMAN AVENUE STORM DRAIN IMPROVEMENTS. August 3, 1983 Minutes Page 9 • 5. NON - ADVERTISED PUBLIC BEARINGS 5A. PDMISSIONS TAR ORDINANCE AI4dDlENT. An amendment which defines the meaning of "Operator ". Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk 'Wasserman read the title of Ordinance No. 198A. ORDINANCE NO. 198A (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION F OF SECTION 3.35.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO DEFINE THE MEANING OF "OPERATOR" FOR PURPOSES OF THE ADMISSIONS TAX. Motion: Moved by Schlosser, seconded by Dahl to waive full reading of Ordinance No. 198A. Motion carried unanimously 5 -0. Motion: Moved by Schlosser, seconded by Buquet to approve adoption of Ordinance tic. 19BA. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Mikels • DOES: Frost ABSENT: None 'Mr. Fro:;t stated -his was to be consistent with his vote on the original ordinance on which he also voted no). 6. CITY MANAGER'S STAFF REPORTS 6A. LONG RANGE MAJOR STREET AND DRAINAGE PROGRAM. Approval of the program proposal is recommended in conformance with the approvals of the Planning and Advisory Commissions. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public input. There being no response, the mectinv was closed. City G1-rk Nasonrman read the title of Resolution No. 83 -134, RESOLUTION NO. 83 -134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING, THE LONG - RANGE. MAJOR STREET AND DRAINAGE PROGRAM PRIORITIRS. Motion: Moved by Schlosser, seconded by Frost to approve Resolution tic. 83- �134 and waive full reading. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None August 3, 1983 Minutes Page 10 ABSENT: None • 6R. AWARD OF CONTRACT. Recommend awarding of contract for Hellman Avenue Improvement Program to lowest responsibile bidder. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public comment. There being none, the meeting was closed. Motion: Moved by Dahl, seconded by Buquet to award the contract for the Hellman Avenue Improvement program to Matich, the low bidder, in the amount of $566,771.00 plue a 10% contingency. Motion carried unanimously 5 -0. 7. CITY ATTORNRY'S REPORTS 7A. A RESOLUTION MAKING CODE OF CIVIL PROCEDURE SECTION 1094.6. Staff report by Robert Dougherty, City Attorney. City Clerk Wasserman read the title of Resolution No. 83 -135. RESOLUTION N0. 83-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING CODE OF CIVIL PROCEDURE SECTION 1094.6 APPLICABLE TO JUDICIAL REVIEW OF • ADMINISTRATIVE DECISIONS THE CITY HAD PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1094.5. Mayor Mikels opened the meeting for public comment. There being none, the meeting was closed. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83-135 and to waive full reading. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None 7B. PICTURE ARCADES. Proposed ordinance regulates the interior design of pivture arcades. This type of ordinance has been upheld by appeals courts, both in California and in the federal system. Mr. Dougherty stated the ordinance would prohibit any enclosed booths for the showing of pictures. Mayor Mikels opened the meeting for public input. Addressing Council was: Jeff Sceranka asked if this would prohibit the showing of cartoons which are crown at Chuck -E- Cheese's Pizza. The City Attorney stated this ordinance would. • There being no further public comment.,, the public hearing was closed. August 3, 1983 Minutes Page 11 0ity Clerk Wasserman read the title of Ordinance No. 207. ORDINANCE NO. 207 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING 'TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADD; NB CHAPTER 9.12 THERETO TO REGULATE THE INTERIOR DE.STSN OF PICTURE ARCADES. Motion: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 207. Motion carried unanimously 5 -0. Mayor Mikelo set oecond reading of Ordinance No. 207 for August 17. Mr. frost su,gest that the Chamber of Commerce provide some input before the next meet:rg. 7C. AMENDMENT TO THE BUSINESS LICENSE ORDINANCE. Ordinance is for purpose of clarifying the weaning of gross receipts of real estate brokers. Mr. Wasserman requested that the item be continued to September 7th meeting. Motion: Moved by Schlosser, seconded by Buquet to continue item to September 7. Motion carried unanimously 5 -0. 0 ORDINANCE NO. 208 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION A5 OF SECTION 5.04.290 OF THE RANCHO CU AM^NGA MUNICIPAL CODE' TO CLARIFY THE MEANING OF GROSS RECEiP'IS OF REeL ESTATE BROKERS FOR THE PURPOSES OF BUSINESS LICENSE TAXES. 8. COUNCIL BUSIRM BA. CONSIDERATION OF THE H. D. COUSINS HOUSE (CHRISTMAS HOUSE). Mayor Mikels earned the meeting for public comment. Addressing Council were: Arthur Rrid n, concurred with the historical designation for the Cousins How; se. He al nn aidrenred the future use or the structure. Be encouraged the Cnune;l to considor the Bed and Breakfast use for the house. He stat.nd th,t when they traveled, they tried to stay at Bed and Breakfast Inns; they were always very nJce. Adi Cooper nnnouraged Council to make thin an historical landmark. Mr. Johnson, curator of the Hou ^e under the County, pointed out that a single window has replace the triple upper windows. He hoped that Council would have thin corrected. Mr. Buquet stated he had wanted thin delayed until the matter was resolved in the courts. It is now resolved, and he had no objections to placing an historical designation on the House now. August 3, 1983 Minutes Page 12 Mr. Johnson encouraged the selection of Beatrice Schaff. Mr. Frost suggested we give this more time to contact each one. Mr. `c.._ stated that Council has had time. Mayer Mikels asked for those in favor of the selection of Carmen Navarette. AYES: Frost Mayor Mikels asked for those in favor of the selection of Beatrice Schaff. AYES: Dahl, Buquet, Schlosser, Mikels Action: Mayor Mikels announced the new Historical Commissioner was Beatrice .Schaff. 0001* Mr. Dahl stated he was concerned atout the ordinance regulating the heights of fences around pools and spas. He felt this should be reconsidered. Concensus was that ntaff should search this out and bring it back to Council with a staff report and necessary documents for consideration. Mr.�• • Mr. Sch lower stated he would not be at the September 21st meeting. Mr. Dahl stated he would be absent from the August 17th meeting. • Mr. Dahl stated that since this wasn't going to be part of a park like he wanted, then we had better protect the House. Action: Council concurred that a Resolution designating this as a City historical landmark should come forth. 8B. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE. After taking a poll as to who would be attending the Conference, it was found that only Buquet and Frost would be attending. Council concurred in making Mr. Buquet the voting delegate and Mr. Frost the alternate for the League Annual Conference. 8C. CONSIDERATION OF FILLING VACANCY ON THE HISTORICAL PRESERVATION COMMISSION. Council had received two applications: Beatrice (Trix) T. Schaff and Carmen A. Navarrette. Mayor Mikels recommended that Beatrice Schaff be selected to fill the vacancy. Mr. Buquet nominated Carmen Navarrette. Mayor Mikels opened the meeting for public comment. Addressing Council were: • Ada Cooper encouraged the selection of Beatrice Schaff. Mr. Johnson encouraged the selection of Beatrice Schaff. Mr. Frost suggested we give this more time to contact each one. Mr. `c.._ stated that Council has had time. Mayer Mikels asked for those in favor of the selection of Carmen Navarette. AYES: Frost Mayor Mikels asked for those in favor of the selection of Beatrice Schaff. AYES: Dahl, Buquet, Schlosser, Mikels Action: Mayor Mikels announced the new Historical Commissioner was Beatrice .Schaff. 0001* Mr. Dahl stated he was concerned atout the ordinance regulating the heights of fences around pools and spas. He felt this should be reconsidered. Concensus was that ntaff should search this out and bring it back to Council with a staff report and necessary documents for consideration. Mr.�• • Mr. Sch lower stated he would not be at the September 21st meeting. Mr. Dahl stated he would be absent from the August 17th meeting. August 3, 1983 Minutes Page 13 a*s ** 9. ADJOURNMENT Motion: Moved by Schlosser, seconded by Dahl to adjourn. Motion carried unanimously 5 -0. The meeting adjourned at 10:40 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk is 10 0 August 17, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A regular meeting of the City Council of the City of Rancho Cucamonga was held on 'Wednesday, August 17, 1983 in the Lions Park Community Center. The meeting was called to order at 7:35 p.m. oy Nayor Jon D. Mikels. Present. were Councilmembers: Charles J. Buquet II, Phillip D. Schlosser (arrived at 7:110 p.m.), James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Enginer, Lloyd Hubbs; Community Services Director, Bill Hollny. Absent: Counr,ilmember Richard M. Dahl, who was on vacation. • :1p ^roval of Minutes: Motion: Moved by Frost, seconded by Buquet to approve minutia of June 30, 1983. Motion carried unanimously 3 -0 -2. (Dahl and ,S _..l,snar absent). 2_ ANNOUNCEMENTS A. Thursday, August 18, 7:00 p.m. - PARKS COMMITTEE - Lions Park Community Center. B. Tue.^,Jny, August 30, 7:00 p.m. - FOOTHILLS COMMUNITY PLAN - Lions Park Community Center. C. Tuenday, September 6, 7:00 p.m. - HISTORICAL COMMISSION - Lions Park Community Center. D. Tuecdiy, C�:ptember 6, 6:30 p.m. - DEVELOPNF.NT CODE PUBLIC HEARING - Lions Park Community Center. 3. CONSENT CALENDAR A. Approv:l of Warrants and payroll, Register No. 83 -08 in the amount of $116,157.57 and Register No. 83-08 -11 in the amount of $50,203.5P 10 D. Approval of Assessment District 82 -1 Warrant Register No. 6 -83 in the amount of $458,999.89. City Council Minutes -2- August 17, 1983 C. Alcoholic Beverage Application for Felipe Delapiedra for On -Sale Beer Beer • 6 Wine Eating Place, Felipe's, located at NIF corner of Foothill and Archibald. D. Forward Claim against the City by Edison Company to Carl Warren Company and City Attorney for handling. E. Forward Claim against the City by Mary R. Seery to Carl Warren Company and City Attorney for handling. F. Request authorization to advertise for bids for construction of sidewalk improvements on the east side of Sapphire Street, between Banyan Street and north of Vinmar Avenue. G. Request approval of improvement Extension Agreement submitted by Data - Design Laboratories for Tract 11428 located on the east side of Center Avenue, north of Foothill Boulevard. RESOLUTION NO. 83 -136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO Ct1(AMONGA, CALIFORNIA, APPROVING IMPROVEMENT E %TENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11428. H. Request approval of Parcel Map 6596, Bonds, Agreement, and Real Property • Improvement Contract and Lien Agreement submitted by A and R Equipment Company, located at the northwest corner of Lucas Ranch Road and 4th Street. RESOLUTION NO. 83-137 A H99OLUTION OF T,iE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM A AND R EQUIPMENT COMPANY, FOR DIRECTOR REVIEW, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. RESOLUTION NO. 83-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUPSMONGA, CALIFORNIA, APPROVING PARCEL MAP NO, 6596, (TFN'rATIVE PARCEL MAP NO. 6596), IMPROVEMENT AGREEMENT, ANJ IMPROVEMENT SECURITY. I. Rreommend awa Mang contract for maintenance of City -owned traffic signals to Computer Service Division, the lowest responsible bidder. J. Rennmmend acceptance of Agreement, Bonds, and Final Map of Tentative Tract No. 12237 and approval of Guarantee of Payment Agremeent for Assessment District No. 82 -2 submitted by Dick Scott, developer, located at the North City limits on the East side of Hermosa Avenue. • City Council Minutes -3- August 17, 1983 • RESOLUTION NO. 83 -139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, TMPRO'VEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12237. K. Reco -nand acceptance of Agreement and Bonds for Tract 12317 -1 submitted by Lewis Homes, developer, located on the east side of Haven Avenue, south of Base Line Road. RESOLUTION NO. 83 -140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CJCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 12317 -1. L. Recommend approval of Agreement and Bonds submitted by David Miller and Hub Distributing, Inc, for Conditional Use Permit 81 -03, located on the northeast corner of Foothill Boulevard and Archibald Avenue. RESOLUTION NO. 83 -141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONG.A, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 81- 03. M. Recommend approval of Real Property Improvement Contract and Lien Agrnement submitted by Lee Selter and Nancy Haight for a single family residence, located at 12982 Victoria Avenue. RESOLUTION NO. 83 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LEE SELTER AND NANCY HAIGHT AND AUTHORIZING THE MAYOR AND CITY CLER:: TO SIGN THE SAME. (12982 VICTORIA AVENUE) N. necnnmcnd approval of Real Property Improvement and Lien Agreement hm:tt-!d by OcnroA and Carolyn Douglas for the development of a single family hone located it 11151 Fin,h Street. ,fij1SOLUTION NO. 83 -143 A RF;;OLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM GF,ORGE AND CAROLYN DOUGLAS AND AUTHORIZING THE MAYOR AND CITY CLERK Is TC SIGN THE SAME. (10151 FINCH STREET). 0. Recommend approval of Quitclaim Deed of drainage and flowage easements due to street construction in conjunction with development of Tract 12237, Dick Scott, developer. City Council Minutes -4- August 17, 1983 • RESOLUTION NO. 83 -144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING QUITCLAIM DEEDS TO DICK SCOTT, INC., FOR TRACT NO. 12237. P. Recommend approval of renewal of lease agreement for the Sheriff's Department Substation for one year period, September 1, 1983 to August 31, 1984, with an additional year option thereafter. Q. Recommend approval of intent to annex tracts 11163, 12019, 12020, 12021, 12022, 1202;, 12024, 12025, 12184, 11173, 11173 -1, 11144, and 12090 as Annexation Nc. 14 to Landscape Maintenance District No. 1. RESOLUTION NO. 83 -145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 14 TO LANDSCAPE MAINTENANCE DISTRICT NO. I. RESOLUTION NO. 83-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER TUE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 14 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. R. Request authorization of payment of $1,000 per month to the Rancho Cucomor,P.a Chamber of Commerce for the months of July, August, and September. S. Release of Bonds: Tracts 9212 and 9240 - located between Hellman Avenue and Beryl, north of B m7an. ruhdivision Bond: $6,000 Tract 9637 - located at the northwest corner of Amethyst Street and Lemon Avenun. Monumentation Cash Bond $2,750.00 T. Set public hearing date of September 7, 1983 for Appeal of Planning Commission Decision, CUP 83 -11 - Data Design Laboratories. Appeal of Planning Comm L^sion decision for the temporary placement of two (2) 1440 square foot office trailers on !.8 acres of land in conjunction with an existing manufacturing facility in the M -R -T (restructed manufacturing) zone located at 7915 Center Avenue - APN 1077- 401 -08. City Council Minutes -5- August 17, 1983 O U. Set public hearing date of September 7, 1983 for Environmental Assessment and Cone Change 83 -02 - Lee. A change of zone from A -1 (limited agriculture) to R -3 (multi - family residential) for 1.93 acres of land located on the west side of Vineyard Avenue, between Arrow Route and Foothill Boulevard - APN 207- 211-2'1. V. Set public hearing date of September 7, 1983 for Historical Landmark Sesignation for the H.D. Cousins House (Christmas House). Motion: Moved by Buquet, seconded by Frost to approve the Consent Calendar as submitted. Motion carried unanimously 3 -0 -2 (Dahl and Schlosser absent). 4. ADVERTISED PUBLIC HEARINGS No items S- Ibmitted. 5. ORDINANCES (RON ADVERTISED) FOR CONSIDERATION 5A. PICTURE ARCADE ORDINANCE. An ordinance regulating the Interior design of . picture ar ^ades. Mayor Mi'rels opened the meeting for public hearing. There being no response, the public, hearing was closed. (COUn^.ilma) Phillip D. Schlosser arrived - 7:40 p.m.). City Clerk 'Wasserman read the title of Ordinance No. 207, ORDINANCE NO. 207 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.12 THERETO TO REGULATE THE INTERIOR DESIGN OF PICTURE ARCADES. Motion: Moved by Buquet, seconded by Frost to waive full reading. Motion onrried unanimously 4 -0 -0. (Dahl absent). Motion_ Moved by Buquet, seconded by Schlosser, to approve Ordinance No. 207. Motion carried by the following vote: AYE;: Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: Dahl F J City Council Minutes -6- August 17, 1983 6. CITY MANAGER'S STAFF REPORTS 6A. RECOMMND AWARDING BASE LINE ROAD RESURFACING CONTRACT. Resurfacing to be done between Carnelian Street to 1900 lineal feet east. Staff will receive bids on August 17, 1983 an,' will present the results at the Council meeting. Recommend awarding contract to the lowest responsible bidder and to authorize the funding for the project. Mr. Ruble recommended that the contract be awarded to Fontana Paving, the lowest bidder, for a total amount of $68,161. Mayor Mikels opened the meeting for public comment. There being none, the meeting was closed to further public comment. Motion: Moved by Buquet, seconded by Schlosser to award the Base Line resurfacing contract to Fontana Paving, the lowest bidder, at $68,161.00. Motion carried unanimously 4 -0 -1 (Dahl absent). There were no items. 7. CITY ATTORNEI'S REPORTS B. COUNCIL BUSINESS • 8A. Mr. 3Chl033er stated that Data Design Laboratories wanted to put in some temporary office trailers. The City has a time limit of six months, but they will need two years. He felt they were a good company and should do all we can to help them. Mr. Wasserman stated there has been an appeal fileki and a part of the appeal was the use of the trailers._ They are also asking that the street improvements or Center Avenue be waived. The appeal is set fcr September 7. Mr. Schlosser stated that he did not know they had filed an appeal. 83. Mayor Mikels stated that in our tentative budget there was a request to activate an architect for the city facilities. He felt it would be in the best interest of the City to get an architect now since the County has begun to grado. He felt an update from the staff shoulc be provided Council as to where this aas le.t off. Council concurred. 8C. Mayor Mikels had received a verbal announcement from Dr. T. Harrell Allen that because of time constraints, he would not be able to continue serving on the Parks Advisory Committee. He wouid continue his term on the Advisory Commission. Mayor Mikels stated we should make that selection on September 21, setting a deadline for applications on Friday, September 16th at 12 noon. Mr. Frost felt that since the Mayor had received only a verbal resignation • that the Mayor should send a letter indicating the action taken based on the verbal request pending some written notice from him. Council concurred. City Council Minutes -7- August 17, 1983 • 9. ADJOURNMENT Motion: Moved by Schlosser, seconded by Frost to adjourn the meeting to an Executive Seasion not to reconvene this evening. Motion carried unanimously 4 -0-1 (Dahl absent). The meeting adjourned at 7:50 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk 0 is R867 CITY OF RANCHO CUCAMONGA WARRANT RECONCILIATION 9/07/83 ME WARR A YEN / V E N C 0 R N A M E WARR JOVRNA` OISCWNT NET 2523 FNINGTUN t`RI MAR FOMES DATE REFEPENCE IR959 8798 TRANSACTION INC 8/17/d3 15.00- 2 LINES L C 4 ASSOC YT C SA UCTS FLS 4, 6. CITIES SIGN SER RKS ASSOC OF CA 19009 2500 C ((ROPE 9iC1 /83 6.672 19010 2523 FNINGTUN t`RI MAR FOMES 9,C7 /A3 :t5 J. 150. P" IS311 19012 V110 VUID VENLOR lIl_ 2575 JE6EOR 1.0. 2575 9,07/ ^3 9,07/53 2515 CU[AMONGA CO WATER 01ST 9 /C7193 2,A97.61 B013 014 2595 LU AMUNGA PRIN114G 9YC7/63 al ", 19015 2641 CARL♦ WALDE4 9:01/03 1,534.50 19016 2650 DAILY REPORT 9'07/P3 1.019.66 19017 2100 CEPT OF TRANSPORTATION 9 /C1 /03 18, SGO-00 190118 DESERT PACIFIC CHARTER 9..o?/R3 225.00 z272o5 p CiN b 8T 21 215.7? 19020 2825 CIe TLIVERTy ELL 6 COMM SYSf EMS 9: /w3 9,07/03 45.25 19021 19022 2993 4060 FENCE CRAFT OF UPLAND 1 9/07/03 826.03 19023 4102 FIRST AM TITLE INS 0,0 9/07/83 3%50 19024 19025 4130 4175 FOOTHILL LAWNM(V&R FROST JAMES ERV 9/07/143 9/07/83 13.75 250. 0,0 19026 4585 GENERIC EINOINO 9 /07/P3 93.96 19027 4589 GENERAL ELECTVC 9/07;23 233.76 19028 4600 CFNERAL TCLEIDGME CO 9 /07/23 5.919.67 19029 468? GOMEZ, RICK 9107/83 5CO.00 19030 4775 [RANT, JIRY R 9107/93 325.0C 19031 4900 VOLLEY WILLIAM L 91CI103 305.01 19032 4915 HOLLIDAY ROCK CO INC 9 /C7 /P3 091.11 19033 4975 S M HOYT LUMBER CO 9 /C7 /P3 10.27- 14034 4995 1U905. LLOYD 9/07/03 563.lc 19 D35 4999 FYATT CEL NON TE 9/07/9,3 162.L'r 19036 5055 I YATT RE OCN CY 9/97/23 376.48 19031 5110 IPM 9107/ ^.3 66:.90 -1038 5275 INTL CITY MCAT ASSOC 9/07/13 21.75 11,039 5326 INTL RT CF WAY AS ROC 910,7103 65.G 19040 6115 J H CL'NCPITI 9/07/X3 4.776.83 19041 6140 JERSEY INTFRNATIDNAL GR 9 /0,7 /L3 239.71 I'1OA2 6SH5 KING EEARING INC 9 /C1 /A3 4.r4 6600 KING ENGINEERS, L C 9/07153 218 ".c: 1:243 41 6618 KRUSE, JOAN 9 10,7 /V3 90,._; 19045 6645 LAM JACK 9/071X3 500.0: 19046 6721 LEAENE OF CALIF CITIES 9107/93 575.0 I904O 6963 MC CEE ELECTRIC INC C R /57/13 9/07/-3 P5L.74 19048 6900 MC KAUGHAN PE, RIIEEAT 480.00 R567 CIT RANCHO CNCINONGA NA0.0. A A V I N C 0 R N A M E 19049 6999 MNA 19050 7100 M C M REFRIC /HTG ` 19051 71160 MANN ASSOC. BILL C 14052 T230 NPICH AM. KAREN C 19053 7240 MEARES NFL ` iaoii 7 410 HILLS t PSSOC. RICHARD • • F MGHT ICE CO INIC S INC ITY T. A H SIC CORP ERVICE INC PNO INST. THE NT OFFICE CARL LAUREN M RING CO PUBLISHERS A'11 WARRANT RECONC TICN 9/07/83 HAARR rtEOEN VISCOUNT NET 1, 1 1 L7 1 I, B l.I t. 11. 6. 4b. 2• 5, 6. 1J0. P.0 I JC.Jf It.C2 <L 5n 291.55 11 5.0^ C' t4 ?.CP 5J.(•n p.50 671.JM1 0 ^.0 Pl.t. L nD.se- 210.5! Sts. ib Ic r. <, u s.n Tf.rT FINAL TOT •i1 181.514.8) v R� z 1 I Y Y Y Y Y Y Y Y Y Y Y Y Y • • • • • CITY OF RANCHO CUCAMONGA DATE WARRANT M 7/00/83 290 7/18/83 293 7128/83 292 VENDOR Hutch Bedrosian City of Rancho Cucamonga Hatch Bedrosian WARRANT REGISTER JULY ASSESSMENT DISTRICT 82 -1 ACTIVITY Contract Services Office Supplies Contract Services ACCCUNT t' AMOUNT 49 -23 -28 $2,440.00 49 -23 -24 33.60 49 -23 -28 1,152.00 TOTAL $3.625.60 „1 Cj&OF RANCHO COCAMONGA DATE WARRANT If 7/18/83 510 VENDOR • WARRANT PEGISTER July ASSESSMENT DISTRICT 82 -2 ACTIVITY ACCOUNT n Don Owen 6 Associates,Inc. Contract Services 49 -24 -28 TOTAL • AMOUNT $3,690.00 $3,690.00 0 CITY Of RANCHO CUCAMONGA�_s.Nt AOMINISTB.JION J CIAPM FOR DAMAGES AUG 28 19g3 TO PERSON OR PROPERTY AN pry 7,80ilhll(1Y11(240516 Name of Claimant Date of t of a want tl) FREDERICK DOCKS and (1) 12/16/74 St61E FFER 1RUCKING CO?.PANY INC. 41 ress o a want ty uce em T. ep one er (ll 601' Parch Sc reec, Oita Lomn. CA f1) 800.58E 17:4 S:) 1'9:3 I:h iccram Bc loan da CA -meta sir ss A ress o a mane ty State Business Telephone Number (1) 714- 681 -3823 Give iddress A, telephone, no, to c you Claimant's Occupation desire notices or communications to be sent regarding this claim: JOHN F. CLOUGH Truck in a emnt • Social eeur t) Suite 720, 7700 Wilshire Died. Los Angeles, CA 90010 MD.- ^••_•• - •• any q empsoyees :nvoxveo Dete:.a!,(„c 1n INJURY or DAMAGE: It.: See Plaintiff's Complaint GFere did DAMAGE or INLJVRY occur. escr e fully an octte on agram an reverse side of this sheet. Mhere appropriate, glue street names and addresses and measurements for landmerks: • :ourch Street b Etiwando Avenue, County of San Bernardino See attached Plaintiff's Complaint TI—escribe in detail hw DAMAGE or INJURY occurred: This claim is for Indemnity, Contribution, Declaratory Relief and Property Damage. See attached CROSS- COfR'LAINT filed by claimants with Why do you c a a county is responsible See attached CROSS - COMPLAINT Lescribe in detail each or See attached CP,OSS- COMPLAIN'[ filed by claimants La.;mip,e an ;or n ury nvesc Race y police or Shari" or California vay Patrol' 1'es Name of agency that investigated ,Ontario PD, CHP, 5 San Bernardino Co. were paramedics or ambulance called? Yes If so, name Coorty or City nmbulnnce See PI.tintiff', Complaint If injured, state date, time , name and address of doctor of your first visit? IlusPl tal Address Phone Dartcr_ Address Phone _ Dor t c r Add,... nett... This Claim oust he signed on Reverse Side. 'w ITNFSSE5 TO DAMAGE or INJURY: List all persons and addresses of persons known to have intonation: 851 Nncth Grand Ave. Name James Hodge Address Colton, CA Phone • 7-771 rt! 4ra n<i A, Name D ° °i" 11 °des Address Ccl ton. CA Phone Name Address Phone e amount c ume , as of t e ate ac pre sea ea cton o c a e • w, s eowpute as follovs:;iec attached Flaintiff's ConPlaine and attached. Cms,Cnrnlainc filed by claimants. Damages incurred to date (exact): Damages to property ........ ..............................$ Expenses for ss_dieal and hospital care .........::........$ Loss of earnings .................... Special damages for ...............$ General da. ges ............ ..............................$ Total Damages to Date ........................... Total amount claimed as of presentation of this claim 3 Estimated prospective damages AS far as known: Future expenses for medical and hospital care.. ..........$ Future loss of earnings .... ..............................3 Other prospective special damages ........................3 Prospective general damages. ...... ......................$ Total estimated prospective damages ................} READ CAREFULLY INDICATE SNOW the loss Lion and pgO�L ion of vehicle($) at point o� impact. NORTH 9H= your vehicle as f > the other vehicle as 12 SnuW the name of the at at(sj, location of step sign signals. - - / uuL Sig•cntnre at 6.arsnnt or person tiling ype or print name. Date: on his behalf giving relationship to 8/'9/8] .IOHN % CLO UGH Clalnan[, C' C � Adorn ev for Dcf endants FR CO. It DOCKS b SHAIiFFFP. TRIIGKIAG CO. INC ,8 ^u Tp; presentation Vt a 0 .e c a m s a C ony:: Tp; pra5eptat On .e c a m s a ony enilCodeS 1�� CLAIM FOR DAMAGES TO: City of Rancho Cucamonga city Hall 9320 Base Line Road Cucamonga, California The undersigned makes the following claim for damages against the City of Rancho Cucamonga pursuant to Section 910 of t!ie Government Code: A. NAME: Thomas Bryant ADDRESS: 0204 Klusman Avenue, Rancho Cucamonga, CA 'PHONE: 714) 989 -3246 B. .POST OFFICE ADDRESS TO WHICH THE PERSON PRESENTING CLAIM DESIRES NOTICES TO BE SENT IS AS FOL4gWS: Vinnedge, Lance s Glenn, Inc. Attorneys at Law 204 North San Antonio Avenue Ontario, California 91;62 C. DATE, PLACE AND OTHER CIRCUMSTANCES OR TRANSACTION • WHICH GAVE RISE TO THE CLAIM ASSERTED ARE AS FOLLOWS: DATE OF ACCIDENT OR OCCURRENCE: 5 /29/82 PLACE: Intersection of 9th. Street and Vineyard City of Rancho Cucamun <Ia. IF MOTOR VEHICLES WERE INVOLVED, SNOW MAKES, YEARS, MODELS, AND LICENSE, NUMBERS, AND OWNERS OF ALL VEHICLES: 1976 brown Chevrolet Malibu, California License No. 764 NQJ, registered to Carmen Garcia; and motorcycle owned by claimant. DESCRIPTION OF CIRCUMSTANCE'S: On Saturday, May 29, 1982, Thomas Bryant was driving his motorcycle along Vineyard Avenue when the car driven by Carmen Garcia pulled out frot;, Ninth Street and travelled east, crossing Vineyard and causing a collision of the two vehicles. At the time of the accid.:nt referred to herein Vineyard Avenue at or near its )uictuve with Ninth Street and EXHIBIT "A ., areas adjacent thereto war, u, a danyi_rous condition in that, among other things, there were certain view • obstructions, created by Lhu roadway creating a hazardous condition for forsecable careful users of the above mentioned roadways. The traffic control devices were not sufficient for the intersection.. The City of Rancho Cucamonga i:c further claimed to have notice of the dangerous condition of its property since the road condition complained of existed for an unreasonable length of time during which the City had reasonable opportunity to correct said condition. The City of Rancho Cucamonya has a continuing duty to maintain its property in a safe condition. D. A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE. OR LOSS INCUINIEU SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTA':ION OF THIS CLAIM IS AS FOLLOWS: „ , Personal injuries sustained by the claimant, Thomas Bryant, property damage, loss of earnings and earning capacity, and medical expenses incurred. E. THE AMOUNT CLAIMED AS OF THE' DATE OF THE PRESENTATION OF THIS CLAIM, INCLUDING THl: ESTIMATED AMOUNT OF ANY PROSPECTIVE INJURY, UAMA(,E OR 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 IS AS FOLLOWS: Medical expenses incurred to date in an undetermined amount and medical expenses to be incurred in the future in an unknown amount, loss of earningsand earning capacity together with general damages in the amount of SI,OU0,000.00 F. WITNESSES, IF ANY, WERE AS FOLLOWS: ' Jnknown to date, investigation is continuing. DATED: September 2, 1902 VINNHLGE, LANCIi 6 GLENN, INC. By �_ 1t L t! L� i �l�e. LI ild ro lJ J. Lance Attorneys for Claimant -2- • ,I �3 E O. w' • MEMORANDUM TO ALL DEFENDANTS IN SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., V. BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, et al., in SAN FRANCISCO SUPERIOR COURT NO. 810433 As was noted in the December 8, 1982, Statement in Support of Claim for Refund of Property Tax covering the fiscal years July 1, 1978 to June 30, 1982, a federal action is pending before the United States District Court, Northern District of California, in that court's Docket No. C 81 4848 SW, with • respect to the fiscal years July 1, 1979, to June 30, 1982. There is considerable overlap in that federal and the present state action. The present state action is in large part protective, but not entirely, because, e.g., the federal court has upon the Board of Equalization's motion abstained in the federal action as to, roughly speaking, issues not stemming from section 306 of the federal Railroad Revitalization and Regulatory Reform Act of 1976. Because the present state action is in large part protec- tive, it probably should not be pressed for early resolution. The undersigned will not, however, in view of what is being presently experienced in the largely parallel case pending in Sacramento Superior Court, No. 282416, with respect to the fiscal years July 1, 1974 to June 30, 1977, agree to any suyye5tions Of suspension of responsive ....t_onn by dc'ondants, l as was done in that Sacramento case for the convenience of • all parties. This of course is not to say that customary courtesies will be refused where practical difficulties are experienced by defendants. Agreement to reasonable exten- sions of time will certainly be forthcoming. Dated: August 5, 1983 IX, � . LV ARNOLD 1. WEBER Attorney for Plaintiffs -2- A r1 L_J u L CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: August 23, 1983 T0: City Council FROM: Finance Directot"._ SUBJECT: Purchase of mowing equipment f Tjl C.. Q Attached are copies of quotes for the budgeted mowing equipment the Public works Department plans to purchase during the 83 -84 fiscal year. During the budget process it was agreed that this equipment would be bought through the lease purchase process. Th.:refore, the following information is based on that approach. Written quotes: Whitney Machinery $46,197.00 C. R. Jaeschke 49,408.15 Phone Quotes: Foothill Independent 60,828.72 First Interstate (declined to quote) -- Recommendation: Proceed with the lease purchase program for the tractor and mower from Whil,. y Machinery at a lease purchase price of $46,197.00, payments being, $769.95/mo. Also recommend a slight adjustment to inter - governmental service fund budget p,�ge 47, last item ;:der a- r- i-,1ty information, to $9,240. Thare is no effect to the General Government operating fund and depreciation costs will not be felt until the purchase transaction has been completed. IIJI: /wa /o 1977 "My P O. BOX 1059 -20 IOWA AVENUE RIVERSIDE, CALIFORNIA 92502 AREA CODE 7W682 -5353 825 -18V TO City of Rancho Cucamonga P.O. Box 793 Rancho Cucamonga, CA 91730 Page 1 of 2 QUOTATION 9 DATE 8 -12 -83 ATTENTION: Dave Leonard QTY DESCRIPTION UNIT PRICE TOTAL 1 1983 Model John Deere Wheel Tractor, Model 401D cor.IVUW —' equipped with the following: . CLNrOI{I rO �PCMN.II Aff Ca NNI 62 net flywheel RP, diesel engine (66 gross RP) Low center of gravity design 8 forward 8 reverse speeds Continuous live, 540 RPM PTO "Oa- the -go11 hydraulic direction reverser Category I1, 3 point hitch w/ adjustable arms 16.9 - 24, 6PR (R3) turf tires, rear Ilt - 15, 8PR (F3) flotation type tires, front • 28 GPM hydraulic pump "On- the -go" differential lock Deluxe seat Power steering R.O.P.S. Canopy w/ roof and 3" seat belt Full hydraulic, wet disc brakes, self- adjusting Reverse alarm Pull vandal protcc�ln„ on tractor (All other standard equipment as specified on attached spec sheet) Attachment: (1) Roseman (Model HG -7) 7 gang hydraulic power driven Mower All necessary equipment as required and /or explained nn attached Mower spec sheet to facilitate installatio eL nmger un JD 4UlD. n Rancho Cucamonca I miw'"' 60 -90 days T(" As specified Bill Cray, Sales Representative .CcVu er ' -�' ' I ! T t" wlr.vnnonlrn�m�rusu•vF eccnuo., I,,w — o.n x14 cor.IVUW —' >w.+lu'h C1:..�;rC= : ^. F.••C•. ^. •Y .e�IYn wO,Rn ro l.Wf MS(WI.IgN . CLNrOI{I rO �PCMN.II Aff Ca NNI 1MFn {�CCf %nwCf Ce✓q MI % M[CI TO � WT W Ct V4[w FI1CWLer. Glv4N 1[PFPt rtLLOW ICUIICrnFl9 IfM (r4F) axaw.n(wfn 1 r mnm /Ii ACHIPIERY. PO 90 %1069 -2O IOWA AVENUE RIVERSIDE, CALIFORNIA 92502 AREA CODE 714,682-5353 82 &1812 TO City of Rancho Cucamonga P.O. Box 793 Rancho Cucamonga, Ca. 91730 Page 2 of 2 • QUOTATION DATE 8 -12 -83 ATTENTION, Dave Leonard Aik DESCRIPTION UNIT PRICE TOTAL Prices include: Installation of mower on JD 401D eecrvonm aau .'e Service school with City operators and c.,iro.n+ DATF IlW:W OlAVT V114 drCm V ULLER 41R blO Mj tIA WOIFA? N mechanics to cover necessary adjustmen s, repairs and sharpening(of mower) on bo h tractor and mower. Tractor carries One year, 1500 hour warranty. :1o•der is aarrantied by supplier (C.R. Jaeschke) for 90 ays. Net cash price 36,0(,5.82 6% sales tax 2,163.95 Total Cash Price 38,229.77 1) Optional Lease /purch -se a) lst payment in advance b) 60 month term (others available on request) c) full pay -out (no balloon or residual payments d) 8% A.P.R. e) $769.95 per month ;v< Rancho cnrnm n,•,L 60 -90 days ass ecif ied rmn;..e.LnuLCl ecwn wc:elxueeLO ewv.uvn:.we w�cr wlu r.<<�rr. ,.Ir. •. x�n re�on ic�niouLRl r.. n.n Bill Gray -Sale., Representative +wrn c +nx ell vrrI.�n •w eecrvonm aau .'e c.,iro.n+ DATF IlW:W OlAVT V114 drCm V ULLER 41R blO Mj tIA WOIFA? N • �WWIIl 1tA C4 NMI Whitney Machinery, Inc, rmn;..e.LnuLCl ecwn wc:elxueeLO ewv.uvn:.we w�cr wlu r.<<�rr. ,.Ir. •. x�n re�on ic�niouLRl r.. n.n C. R. JAESCMKE, INC. ISYJ Cou0.ta DRrvE GOWER EQUIPMENT Sa.0 U�LO Gar wm COMMERCIAL TURF July 8,1983 Sir. David Leonard City of Rancho Cucannnga 9330 c Baseline Rd. 2utcho Cucamonga , CA 91730 DL•:ur David: 7 sevn54 Tx 141 E"! (M) SfbEOT] INUUSTRIAL :e are pioased to offer you the following quotation on a new Roseman Hydraulic 1 lknv(,r. The detailed cost breakdown of this unit is as follows: Q11' MODEL DESCRIMON PRICE 1 1100-7 Rosaren 7 Gang Hydraulic Power $ 37,918.00 driven me wer - CA253C Ford Diesel 59.5 hp Tractor -8 Speed Transmission - LIve 540 P.T.O. -Power Steering - Differential Lock -Roll Bar with Sum Canopy -Anti -slip Kit - Hydraulic Oil Cooler -6 Bladed Reels -Turf Tires -Disc Brakes i,esv Special Discount �� (.'.7 ^3.00) Subtotal ' -\ ^ 43,125.00 Plus Sales Taw 2047.50 Total $ 36,172750 Prucns good for (30) days Thi:+ unit nm he leCied at $1221.73* per month for 36 myths. The first and In:;t mmlhn pmmni L; are required to open the leaso, :md the unit my be purchased at nd for 15S', of tho original invioce or96125.87. * ILU.es wbp,ct tndaily inte'st change;. Thin; unit tarries a full one(1) year warranty on the Tractor and ninet }'(90) day;; m Iho mm(,r unit.. 1� • This unit is avail =h'_c ! our San Diego stock which includes a full service • shop .und service parts inventory. We 'n):mk You for the opportunity to quote you on your equipnent requirement and 1")k- forward to continued service of your account, Xnr,,.Jnke,Inc. LT /RC r1 • 1M0000 RydrOR Power orlven Reel Mower MODEL HGO -7 • Complete Factory Installed On Ford O.E.M. Tractor The Roseman 7 unit Hydra -Gang Mower utilizes the tractor• power take -off system to power the cutting reels and the tractor hydraulic system to provide hydraulic lift for each mower unit Drive power for reels taken directly from the tractor engine eliminates need for excessive draw Dar pull and minimum weight for traction. Hills and hanks can be mowed easily regardless of soft or wet turf conditions. Individual mower units fnllow ground contour with unlimited flexibility without scalping Cutting height 1s gauged by ground refer- ence to provide even cut over undulations. 30" pet unit, Cut- ting swath varies for 3. C, 5 and 6 mowers with maximum of 15 for 7 gang, Mowing time Is greatly reduced with a mini. mum of repair maintenance. AN hydraulic components are manulactured to ASAE standards. The complete mower and linkage assembly can be removed from the tractor permitting general use of the 3 -point utility features of the tractor, TOP PERFORMANCE OMO[R NILLY CONDITIONS SPECIFICATIONS • Roseman Mower Model HGO.7 A Ford G.E.M. Hydra-Gang Tractor NORSEPOW SH COLD STARTING AIDS DIFFERENTIAL LOCK HYDRAULIC PUMPS . a• P , r 11 n,...,r Tnn.mn1 11 A Jin,.r. , ai lick a.,Wd Mnnrr On,r S,Irm 15 0 GPM E NG1Nr DIESEL STA NOARO CAPACITIES n rr q•in (oor p..;ann!rs MOwnr I d; SYAem .5 GPM nri ^n', rr: 'a Cnnerp �y.rem 105 quanv �mnrr.n ar'rtingrmnr ann poll POxn•Slnennq SVTtem Rra GPM Lnv S •rn 0.rnTn q r n, rwn tarn qUS "'I. a x Oprs pvn [JOINT LINKAGE Eq r..na +rra.n 69 MOLL OVER PROTECTION 51s1darJ Category i- nl DIMENSIONS Hnii oar 1 a¢al pen , Anti Si,, Mn Dr.', and PgSn•nP COrnrol rL' Ir•.,.x Orrrall 1:� Slamle•d Dual TOO Lmk Drall Senslnq ,, COr,;i.,...armudn r,.r Hn r;m int nr i..._,,1 + TRANSMISSION STEERING r,,11.1 -•r,i i..,• pM, w.rr�pase 1•• fl MPH flSUenn>Hnw,1 nq.ea Assist tit= wmg SlOpta $lop An ru"' lrnr HAn aRAR[S reran rat 1 0;'d3J Ld ]fi �61wm rLECT 11 r r r ai mnrn. Nn.wq nr sn,• r I 58 61117 0 `11 fiA )1nnE R rl wEW, TId [LfCTRIGAI .... a ✓n.nq rsous I 1 2 Bm:li Ui r -;x n]Sa a 2 0 MOmnmE iraztpr and MOwR•s 600 Vne1;r 12 Turm -q naauaw Prakns nA POWER TAKEOFF H Amp H, 1)fl TIRES 1. 1 PuM •An ... I Aar•- .dYCap <•na 32 F,lSb•marn1n.1;6111, 17,rrIPM 1600 am C.R. )AESLHKEINC.. i-h +lane• 51a,d.m IT.,, ean.J T,eae 199.;. Dry D. :r Cimcn 11ea.y owy POWER EQUIPR i regllli s1anO.,d ePryH. ram Du hi r1i FY n9nut SIN DIEGO, CA, 93123 1'S E; • TORO DYOFOU C PON DPlaee Dee! MOR MODEL HGO -7 . Heavy duly 30' mower. Ypoinl suspension with two cast., b wheels in oot and ear roller allows mower unit to follow ,round contrur wrin unlimiled Bedbilily without scalping• AN seven units are mtrmhangeable. Shock resislanl hand adjust- ment All •oven units kin surd or lowered by hydraulic pewee When raninq m r liml sarr.ty valves a homaucauy stop the hy- draulm t mow rats on an win, units. A smog lever valve c mlola •mil, In ran s n mowers allows onerater to var•I rrnl speed as well as stopping and reversing reels. C.ni Ni to 6' tramped width. �Y Tr i' Diameter b ur a oe, for i mews, Gut 4 Ethan e for Rough he Bath He dofreel.Int have aplirroa InaMf pfrmihirq hydraulic motor la drive from eriher and. 7 Unit Hydra -Gang designed for use on Ford. Massey. Ferguson and John Oeare tractors equipped won 169 x 24 It,lmmr ml turf tread rear fire Love 540 PTO is recom mended Roll bar can be fired to tractor Hydra Mower offers a light weight unit reducing com- paction on your turf. Perfection in mowing under vret conditions can now be accomplished. Exceptional trac- tion on hills, Reels in all units can be reversed for easy back lapping in less than an hour. SPECIFICATIONS HEIGHT OF CUT " to a'.- in any dashed inc named 6' front caster wheels' 1 10 2 B' front Caster wne:'s I'.'to 3'. Culling height is gauged by ground reference to prcide even cut over undulations WIDTH OF CUT 30" per unit Culling swath varies for a. 4, 5 and 6 mow- ers with ma I mum of 15 In, 7 gang. TRANSPORT WIDTH From operator's pos hi all mowers are quickly raised and locked Into 8' Iranspmt widP.. Oserall length 12'. TRANSPORT CONTROL Five comrCl levers raise or lower number 4, 5. 6 or 7 units mdividually and the bee cer'er units Ym.:a- neousfy. REEL 71 ' Brame to 4.6 or 6 blade Heavy defy alloy Hardness range 4042 Rockwell C scale Vertical thatching mowers a•e urenchangealre with mowing urols REEL POWER Each reel mounted direclly to individual hydraulic mo- tors No creches of Vm,emi56ion elements L'i.e 540 P T 0. power to all reels though a single handle control valve. POWER SHARPENING Back lapping accomplished quickly by reversal of co'I- lml valve hand'.e. Blades maintained in sharpest condo hens wnbout removal of mower units BEARINGS Ant, friction noel and'ellar bearings. MOWER FRAME All steel .,ewer frame electrically welded for m r—um sDennlh and rnnd.:y BED KNIFE 01 lianlrwd lighi alley stmt L lyer cdoe Hsrdness mega :7 -4g Rnt-li C Mle ADJUSTMENT 1 Hand adprshrenl Nn loots needed Shock resistant spnrg -type to prevent rr:el damage CASTER WHEELS Monidod tubber 6' or 8" career. Mmulacturad by ROSEMAN MOWER CORPORATION 2300 CHESTNUT ST. Phone: 13121779 2300 Cl ENVIr1. ".11 I.INnICen079 a 401 D TRACTOR � ,�, • �-„ ' JOHN OEERE 0. Nii i Model shown may include options ENGINE PERFORMANCE i tv,•n '.rr r' nv FEAT ORES 62 SAE net hp (06.21 Low center of gravity (turf tractorl Adjustable rear treed &eased transmission wlophonal hydraulic direction reverser Selladjuabng wet -disk brakes Inboard planetary final drives Optional loot-operated differential lock Hydrostatic power &testing Two post Roll-Gard' roll-over protective avucture (ROPS) ADD VERSATILITY WITH: Mowers Landscapetoola • lm.nu&e u1e. 2.401 D-f Opt.... V E9u,Pmrm 401D TRACTOR SPECIFICATIONS Ir.,,•r.rr." r „.'., .,.. :1ar 22e m.' nn: knu aarm rav Wpw.r ir' tarp �rW. rue MMmr m .helurs ue n n —I.-. -, ICEe and SAE SuWrES ERmr • • onr..nm --ra 'Yu 'd ."'nalnn cad hm sladmgaid .a.urn aav n•.•r.n.v ;m:wef wnuG3, evn reviver I,.(Or!4re -1 ire.,tun Wnru nS:o I of g11 a.V S.mm.a Mwp enrI • Power 1^ :530"ns" roll SAE DIN Tires: Front Rear mq,w.•rnr ndn.•I vandal r rnnr , 01,1 Gros-, 65 hp (49 kW) 75080DI6.6PR, F3 standard 149.24, 6PR,R4 standard 5. o Nuwrr, 5 .r in II 11 52 ur M Nvt 62hp146.2kW) 66f1p149kW) 29 98 15,6PR,if 1) 16924. 6 PR. 93 sw Gtr()11111Mar ., rn4re� wee .•n 1a� wr �...,., .a1n pmt C.ma `ro.v. rs wamr rn, Tnr it 0• 16,924, 8 PR R4 21 5L -16 1, 6 PR. P3 3 in I )f mmi seal I it �ou.� Sear dr111r0 I.”, •won `.w - ,. . nr':,•e :era'..., u' -.. mm wq -�.e, Meet Treada: ,•., J.L. ,..,, ' -- ;. -,... Front. ... _. 541, 1135 m1 Rea! ..... 60 rn (1 50 m) Engine: Jon^ 2"114 cluotler c 1, valve ...head. 4- stroke cycle Bore and vq..; 4(1 1102- I10mm) Dimensions: Pha:oo d• LIa.n.rnl 2:9cu m 13589E C.nrr,"on als 1621.1 Overall height to top of muffler SX Bm (2 15 m1 61n.evarr' -^ : 1100 rpm 16f) 11 (21P Nor) (22 1 kg'ml "' Overall height to top of canopy . ] X 91c 12 33 m) W.CG n 1kA U. < *aal Mrsepower .. .. 2565 Overall width 0rn, (i... B ft. 3m. it 901) Na n Crnr 5 length ..a. Overall length . .tch .,...,., ....1011 Sln (350 m) l w LRer Pressure system Overall length w &point latch ......... ... lift 71n (3 55 ml d offalOw Coon.; f %essunied winertnostat antl feed bypass Wheelbase. .. ..... .. .621 i Far pop Ground clearance lender IrMI Gale) Or ........ 1 X. ] In (400 mmi Au drao,., pry a Ground clearance. rtxn. .,....,, 12 rn. 1305 mini FrrL;rca s, ^r -. 12 vet w alternator C Paddies: U.S. Liters 6a .' 1 7:1 s Reserve capacity Ito minutes °,an i' mp AllnrTrn .35 amps eLla eVatem ....... 129E 114 Fuel 195gal 738 Engine Clulcfl: Engmelu6ncaond mcNdmg Liter BS c.,�on 15tandartll (2001- operated. Ira ^smies'on and bydraubc system .. . 10 gal 3'1.9 0g ygle I in (260 cirri Hvaeu' c c recso^ reverses f0riuoneil FooroPeraled. SAE Operating Wel ..,... ..,.., 9 9111 51201b (2322kg) Single loin 1255 mmi plate Additional Standard Equipment Ti ansllssmn Crns!anl mesh 8 forward speeds, 8 reverse. An cleaner restncimn indicator gear and s1.0, 9 oella•s mechan¢al shuttle Optional Mercado, charge ,ndrcatm light 'averse. provides 6 spends lomard arld 6 re Antifreeze v1 ,,,o ncl cEt cles, no uutching requaed Cushioned seal Coolant lamperatere gauge Travel Speedo Dry-IVpe air cleaner Forward Revere Engine oil pressure loco for Grar mph kmlh mph pri right • 14 23 16 26 Fenders 20 32 23 37 Fuel level gauge 3 29 A 34 55 Hanoi tool operated engine 4 4 1 66 4 ) 6 speed control 54 8 62 100 Horn ] ] 124 69 143 Key Start switch 114 163 132 212 Lost, 159 256 185 298 MuXler, under hood vs verecal eahaost H,d,au l i c S ys to an 7,'.nx'd4 enter Rear reflectors R,° 13 grim r0 82 L m r: 2500 engine rpm Tachometer hewmeter Transisloozed voltaile regulator Final Drives InO.ard. planetary Two-part Rall -Gard wseal bell No d0d meal lock Drakes H;d•auucally actuated. Ltlly enclosed wet disk No paring brake Sir r ^pea¢ ^p Ic..lrpr...led odrvi'u,llly.1 SnnUllanPW51y No PTO Noroekshah $leering. H, "r",t,MC how, No 3 pool i I u'; ;ranrr:. h.ar'r•en0eedi 1211 9,, (3 90 m) No remote cylinder control twin " - rr, da 111; in, 260 6,n 181011 r 1 x.e In tar ru;ro 28 ',,r i.... in lest ieh 23 Opt.... V E9u,Pmrm Speual E,opi nP. Ir.,,•r.rr." r „.'., .,.. :1ar 22e m.' nn: knu aarm rav C u.l •arid 'd ."'nalnn cad hm sladmgaid HV'tmie¢Ir n vcrJV Fn9mr v,tndal sd s Vita nij,I 1 S1 o rrin ',a' 1000 a nd mfillo, thin m rl "a fill and wain,, cysl,m mq,w.•rnr ndn.•I vandal r rnnr , 01,1 P,n l tl nne,unu'r ur nrrlrnrndenl (, —, S.0 rpm 5. o Nuwrr, 5 .r in II 11 52 ur M fir, Vl'o .. r;n ,trot lrnglO Or 161 n119rdr'm<)llnll'r) rI'rIL,, I'll nr5 i,= sw Gtr()11111Mar 'didriest n .)r n' 3 U'ant Iii ch Tnr it 0• C e'rq'uy 2 up:ng, non 3 in I )f mmi seal I it nia,uo., v 11,o'1 draft links Sear dr111r0 I.”, •won 2 4oro 2 r% LOSe.flo (E.. }I I., III 1 awrrts • • 7 -02"II I g Hy almulic rower ME Bull mower the Roseman 7 mll HVdfa Gana Mnwm, at': Ine I11 =1 rywer lake III :VSlnm In ppwnr Vie Cllt!Inq Ile 'S Nnt1 me 11.111c, M1�tlla4'IC SV'J em 0 nrovina nytl4rvxc ��1 to, ll mower Unit Tne Hvdfa-G ang mouma on Ford, lkfaasev, Fnmlr..n and Jon. Deere I1ac1n15 Drive rower for mnln lanrn cl from inn tract., 111,ne Clim'nwe5 rmad for e; YCC5�I1C (t r.lW !lar 1.1111 .1,111 nlmem wennt Inr Irrn,no, Hme d Id bm3ks c,l. 1.e o wnd frilly reoenl nl xnli or wel 1 I pIDbL.nS InUind,ml m:nvnl of T; fn3.w amun,l cownw won onnm Ile, tl.nP'. or wlt .... I 1ralpma C,exnn nn q4l l•. 1111.:1.1. oV nrountl rnbrnnce 1. VIlIde even cm 1.111 Unll I.at 11 00 I,nr um, Cwt n n twatn Vane <for ;3 a. 5a n C, mowers wqn maw,mOm 01 15 Inr 7 �,I11 t ldnw"a time IS OrCalry ad cod rV a'1 .l mm -I'm r,l 11.11! m.,, rennancC All 1.y' W . Oe..""11S :I1- manufan.n,1 w ASAF. 5I.Inr:.lo, Toe (:nTnICIe '.'w" antl ink,ln9 ,1.,.,,,rnnly f nTOVn<I Ifni ten 1f,9CI0f b0 r In ^r 111 :1 r.' pal USe 1.1 InUa l%rmf uld�ty lra From operalnrb Pa slllon all mowcra am quickly raised to 13' ❑1.w of Inlr oa -m1 trans part width. C.R. JAESCHKE INC..TOP PERFORMANCE IINOFR POWER EQUIP FNT HILLY CONDITIONS 8921 COMPLEX DRIVE .. .. SAN CIECO, CA. 9.74 (71.1 9 • TOM Hygrouiic Power ONE MODEL HG -7 Hrav, day 20" mews, Ypoinl ...pension with Iwo outer Wont and r roller allows mower unit to follow n n TUnd on our loin, onM1mrted Prin illy wnhoul scalping. All spvvn units are Interchangeable, Shack resistant hand adlusl- ,in, All srv" n urns are raped nr lowered by hydraulic power. When in11 mr.. r stn .rlvl, valves nmomab<allr can the hy- drauV.r dr, % to rrrts on all wine units. A stools Inver valve rnlrob rrrn n all v enowv narrator to vary rrl :pruil .1 rJ a Hopp ng and re alit., teen. Oulckly ra�sl s to ¢'trampr�n wimp. Phil 7'1' Olamel'r 841110+ for nelornq It'll, A Oermuda grass 6 nr 4 Blade nor nor nrr rn mg n'mhb .....,p.l a iron.r+.vv.J'v4g m,e,•ir• end•:••'•.•.. •. .' a maim IO Nlvf nn ROOM mower t 7 Unit Hydra-Gang Lessened lot use on Ford, Massey. Ferguson and John Deere Iranians ectioned wlih 16.9 . 24 (Maximum) turf tread rear lire. Live 540 P,T,O. Is reocm- mended Felt bar can be fitted to tractor. Hydra Mower oilers a light weight unit reducing com- paction on your turf. Ferfechan in mowing under wet conditions can nov: De accomphsrm L. Exee ollonal trac- tion on hills. Peels in all units can be reversed for eaay back lapping in less than an hour. SPECIFICATIONS HEIGHT OF CUT wIo 3'.'.- in any desired Indremeol. 6' front car!,, heels '',' 1. 2l:'; a" front caster wheels 1L"Ig Culim,g height as ;:.:bad by cmund relerence to orc,de even cut over updulatmns, WIDTH OF CUT 30" per unit Cutting swath vanes for 3. 4. 5 and 6 now• ers with maarmum of 1 Y for 7 gang. TRANSPORT WIDTH From operators ros :liar, ail mowers are apick'!y raced and Jn,tld I, ^..P B IIanSPdlt width, 01WI length 12', TRANSPORT CONTROL Fis cannrnl levers rase or lower number 4. 5. 6 ar 7 umis nlalvld L'd ly and the mire C?nte, ur.vs s,, ta. neousl y. REEL 71)- [)'apps, N,m.^-r OI BIA LeS and :Oval Heavy duty a',av Hind... r, r 0 a 442 R,,nvell C scale Vabical thr -, -g native, aralinincrninaeable in nlowine umis HEELPOWER Each reel mounted directly to in ,idual hydraulic To- tors No clutc,r- or tbr,arasm•I elrm¢ms Live 5:0 P O. ^„owe, U an rows thraug't a s ogle handle cpnlml vahe. POWER SHARPENING Hach lapmr7 ^ rind n,, ally by re anal of cam Vor vahe e, e'nd's mxmlamed is hr,,ent ccnde bons wuh—i removal of mower unes BEARINGS Anil find nn all and •oiler bearings. MOWER FRAME All sireI inew., frame alecu."lly welded lot mapm.m slrenn!n.md r:'laar. BED KNIFE 00 rfi.• Ind.... ai all, •dial. 1r6lvra ednn Hart ^use ,a-,. a7.a an nef kwnll C •.cola, ADJUSTMENT H,,d NO Inplt dried `ihoek .e5irt,l nl at,J•Imr• ^I s Plirg.lyrr In plevt'nl real damage. CASTER WHEELS Mpoldcd rubber 6' or 8' diameler. IT 11 I I DATE: TO: FROM: BY: SUBJECT: — CITY OF RANCHO CUCAMONGA CuCA V0 Y STAFF REPORT 2 `r A � 1- iZ Septemer 7, 1983 19 -7 City Council and City Manager Lloyd B. Hubbs, City Engineer Micnael D. Long, Assessment District 82 -1 Resident Engineer Acceptance of Improvements Constructed in Conjunction with Assessment District 82 -1, 6th Street Industrial Area Whereas, improvements have been constructed substantially in conformance to the requirements of the contract documents for Assessment District 82 -1, 6th Street Industrial Area, and whereas inspection of said immprovements have found that they substantially conform to said contract and to the satisfaction of the City Engineer, the improvements can be arcepted into the City maintained system. RECOMMENDATION It is recommended that City Council accept the improvements for Assessment District 82 -1, 6th Street Industrial Area and authorize the City Engineer to file a Notice of Completion and release performance bonds and retention and authorize final payment. Respectfully submitted, LBI:MDL:jaa Attachments • RESOLUTION NO. *V? — i'r ',I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ASSESSMENT DISTRICT 82 -1, 6TH STREET INDUSTRIAL AREA AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Assessment District 82 -1, 6th Street Industrial Area have been completed to the satisfaction of the City Engineer; and I WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: • ABSENT: ATTEST: Lauren M. Wasserman, City C er /Jaa 19 Jon D. Mike s, Mayor RECORDING REQUESTED BY CITY OF PANC40 CUCAV4GA Post Office Box 807 Rancho Cucamonga, California 91710 MH EN RECOxi MAIL TO: CITY CLEPK CITY OF RANCHO ',UCAMONGA Post office Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in tee hereinafter described real property, the nature of which interest or estate is: ASSESSMENT DIST9IC.T 82.1 6TH STREET INOu STAIAL AREA • 2, The full name and address of the undersigned owner ie CITY OF RANCHO CUCAMO�:GA, 9320 -C Base Line Road, Post Office Bas n07, Rancho Cucamonga, California 91730. 3. On the 7th day of Seotemher, 1983, there was co^oloted on the hereinafter descrihed real pr00,rty the work of improv =ment se: `orth In the contract documents for: ASSESSMENT DISTRICT 82 -1 6TH STREET INDUSTRIAL AREA 4. The name of the original contractor for the work of impn,venent as a wholr, was: BONAOIMAN- MCCAIN, INC. 5. The real property reftrred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Sturm Aram lines numbered Sd -I, 51-2, 7e, 19a, 19d and 19f, 6th Street bntwoen Haven Avenue and Milliken Avenue, 6th Street from SIR 6500 to Rorhestnr 4Ye11e, Buffalo Avenn+ mouth of Gth Street. The west sign of M,lllkrn Avenue ..On of Gth itreet. Clwollc; avenue snulh of 6'h Strent and Rochester Avenue hntwnen fith Street and iii Avelun. CITY nc PA9C1n C'L,INGA. T Tlln ll 1pd: .1'p'1f Al.'t , 'ln nor gal ion N,karS, Zld ydY l W'.� - - -- CITY OF RANCHO CUCAMONGA cuca,tr0 STAFF REPORT x 7DATE:Septembe,,r 7, 19831977 cil and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Acceptance of Vineyard Avenue Street Improvements, FAU No. M /MR- R194(2) The Vineyard Avenue Street, Drainage and Signal Improvement Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release performance surety and retention. RECOMMENDATION It is recommended that Council accept as complete the Vineyard Avenue Street, • Drainage and Signal Improvements, FAU No. M /MR- R194(2) and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bonds and retention and authorize final payment. Respectfully subpitted, L6(4: jaa RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IM ^ROVEMENTS FOR VINEYARD AVENUE STREET IMPROVEMENTS FAU PROJECT NO, M /MR- R194(2) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Vineyard Avenue between 8th Street and Arrow Highway have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NO'd, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of September, 1993. AYES: NOES: 49 ABSENT: ATTEST: Lauren M. Wasserman, Ci ti y Cierk /iaa I Mikels, Mayor Pi RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA Past Office 30N 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA Post Office Boa 807 Rancho Cut among a, Cal Nornia 91730 NOTICE OF COMPLETITi NOTICE IS HEREBY GIVEN THAT: 1. The undersigned Is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: STREET IMPROVEMENTS, DRAINAGE AND SIGNAL FACILITIES 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9720 -C Base Line Road, Post Office 80a 307, Rana40 • Cucamonga, California 91730. 3. On the 7th day of September, 1993, there was comoleted on the hereinafter described real property the work of Improvement set forth in the contract decments for: VINEYARD AVEN'C STREET IMPPOVCatNTS FAU RROdELT NO. M /4R- R194(2) 4. The name of the original contractor for the work of improvement as a whole was: RIVERSIDE CONSTRUCTION S. The real property referred to herein Is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Vineyard Avenue between Bth Street and Arrow Highway CITY OF RW'fi) CUCA"ONGA, a municipal cOrpo,atide, Owner Daln; Tn M1'v rTt, Mayor L I • • 1 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 TO: City Council and -City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Acceptance of Alta Loma Park Concrete Improvements ttiUM0,1r, T i,l A ~ v > I9Ff The Alta Loma Park Concrete and Drainage Improvement Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release performance surety and retention. RECOMMENDATION It is recommended that Council accept as complete the Alta Loma Park Concrete Improvements and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bonds and retention and authorize final payment. tfully submitted, LB11:MP:jas Attachments r .� • RESOLUTION NO. *'('''� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ALTA LOMA PARK CONCRETE IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Alta Loma Park Concrete Improvement have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: • ABSENT: Jon D. Mike s, Mayor ATTEST: Lauren M, Wasserman, City Clerk /jaa RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA Post Office Box 807 Rancbo Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA Post Office Box B07 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1, The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate Is: PARK CONCRETE IMPROVEMENTS AND ORAINAGE FACILITIES 2. The Poll name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, Post Office Be% 807, Rancho Cucamonga, California 91730, 3. On the 7th day of September, 1903, there was cowyleted on the hereinafter described real property the work of rmpr" went set forth in the Contract documents for: ALTA COMA PARK RENOVATION a. The name of the original contractor for the work of improvement as a whole was: d. N. CONCRETE 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and Is described as follows: West side of Beryl Street, north of 19th Street CITY Oc RANCHO 'IICAH ^NGA, a municipal caroorntvn, gwner Pate __. Inn MiauT7, en vor __ u 0 r1 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 TO: City Council and City Manager 197 FROM: Lloyd B. Butts, City Engineer BY: Paul A. Rougeau, Senior Civil Engineer SUBJECT: Agreement for Ninth Street Improvements in conjunction with Tract 9658 The development of Tract 9658, on the north side of 9th Street between Madrone and Baker Avenues, resulted in numerous utility trenches across 9th Street which would have greatly reduced the riding quality of 9th Street and caused severe maintenance problems in the near future. The developer was required only to improve the north side of 9th Street, as is the normal practice on such a project. it became evident that, since this portion of 9th Street was budgeted for improvement in the coming year, it would be of benefit to the City to participate in the reconstruction of 9th Street in its entirety through the limits of the project at this time. In so doing, a savings would be realized in design and construction costs, inconvenience to the public reduced and a street improvement obtained at an earlier date. The coordination also results in a better street design through this portion. RECOMMENDATION It is recommended that City Council approve the attached agreement with Richwood Development for participation in the reconstruction of 9th Street between Madrone and Baker Avenues and authorize the payment of $19,637.00 from Systems Development funds. pectfully sutyn itted,A / �x RPAR:jaa Attachment 4. • AGREEMENT FOR NINTH STREET IMPROVEMENTS IN CONJUNCTION WITH TRACT 9658 This Agreement is made and entered into this day of ,1983 by and between Richwood Development, (DEVELOPER), and the CITY OF RANCHO CUCAMONGA, a municipal corporation, (CITY). RECITALS WHEREAS, the CITY and DEVELOPER desire to mutually participate in the construction of Ninth Street Improvements between Baker Avenue and Madrone Avenue; and WHEREAS, the DEVELOPER has expressed its willingness to include said construction with improvements for Tract 9658. •NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The DEVELOPER shall contract for the construction of Ninth Street 19 from Bake: Avenue to east of Madrone Avenue, said improvements as further described in City of Rancho Cucamonga Drawing Nos. 775. 2, The CITY agrees to share in the cost of improvements constructed south of the centerline of Ninth Street in the quantities described in the attached Exhibit "A ". Total amount being a lump sum of 3. The CITY agrees to pay funds to the DEVELOPER in the amount of said share within thirty (30) days of completion and acceptance by the CITY. 4, Each party shall indemnify the other parties and its officers, agents and employees against and hold them free and harmless of an from al' .I- "I C r• claims and liabilities of any kind arising out of, in connection with, or • resulting from, acts of omissions on its part or on the part of its officers, agents, contractors and employees in connection with the construction. 5. This Agreement may only be changed with the mutual consent of the parties in the form of written contract amendments. 6. This Agreement and the terms and conditions contained herein are dt all subject to a successful completion of construction of improvements. IN WITENESS WHEREOF, the parties have executed this Agreement as the date first above written. ATTEST: Laren Wasserman, City Clerk CITY OF RANCHO CUCAMONGA, a municipal corporation by • Jon Mikels, Mayor RICHWOOD DEVELOPMENT, Developer by 2- 7 � • -1 . luj • 9 1. Grading & Removals 2. A. C. Paving 3. 811 A. C. Berm 4. A. C. Drive Approaches E X H I B I T A L.S. 320.10 tons @ $26.50 /ton 864 L.F. @ $2.50 /ton 2197 S.F. @ $0.55 /S.F. LUMP SUM TOTAL CITY SHARE 3- $5,000.00 $8;482.00 $2,160.00 $3,995.00 $19,637.00 i i • Y' ti LJ -_j I I -.� -� • NORTI i CITY O rrr..I -- 1l_ -L fs R'ANCIIO CUCAMOV;A T,rl,i�;- -LACA^fl& M�LP 0 ENGINEERING DIVISION P.XIIIRIT`___-SCALG fflw� y rl • I - -- CITY OF RANCHO CUCAMONGA C\2CA.tl0 STAFF REPORT .// � C L C DATE; September 1, 1983 3r z IG TO: City Council and City Manager FROM: flnyd S. Hubbs, City Engineer BY: ,john Martin, Assistant Civil Engineer SUBJECT: Acceptance of Bonds and Agreement for Model Homes for Tentative Tract 12316 -1 (Terra Vista), Lewis Homes Developer located on the east side of Haven Avenue, south of Base Line Road The subject developer has requested permission to construct model homes on the site location being on the east side of Haven Avenue, south of Base Line Road. The securities offered for guarantee of street construction are as follows: Faithful Performance Bond: $56,100.00 Labor and Material Bond: S28,050.00 RECaMMENDATION It is recommended that City Council approve the attached resolution authorizing the Mayor to sign the Agreement on behalf of the City. Respectfully submitted, LBHWM:Jaa Attachments AREA DEVELOPMENT PLAN / : TENTATIVE TRACT NO. 12316 &12316 -1 i�i�l I 1 n P I : M.W. .Y. N. 7� ..., II I I TE 14E .., � Ne'IYJP —� { t fit. I r. jI N y " It - .... 2�—�II/ �y -• fl.�' �� 1 �'�r If t~ �� P P•9 L " " ",� f • RESOLUTION NO. *Y'; -I S' ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY OF TRACT NO. 12316 -1 WHEREAS, the Tentative Map of Tract No. 12316 -1, consisting of 37 lots, submitted by Lewis Homes, Subdivider, located on the east side of Haven Avenue, south of Base Line Road, was tentatively approved by the Planning Commisson on May 25, 1983 by Resolution No. 83 -69; and WHEREAS, to meet the requirements established as prerequisite to approval of the construction of model homes on said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, fa, of model homes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and • 2, That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and PASSED, APPROVED, and ADOPTED this 7th day of September, 1983, AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk /jaa Jon . Mike s, ayor 3. The Developer may request an extension of tine to complete the rms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, Including the construction standards, cost estimate, and Improvement secer.ty, and to require adjustments therein if any substantial change has occurred during the term hereof. e, if the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful meant, and thereupon recover from the Developer and /or his surety the full cost and ex, nse incurred. S. The Developer shall provide metered water setill— to earn lot of said development in accord once with the renulati.,, , schedules, and fees of the Cucamonga County Water Dislri -tt, 6. The ',eloper snail be resoontiblo for repiacer-oei relocation, or rrmoval of any (inch n r nt of any irlIgalire aatcr systnm in conflict wile of required improv,ents to the satisl action of the City Engineer and the o.nrr of such wa ;er system. u -� Tracts and Comm /Ina,, P.M. CITY OF RANCHO CUCAAONGA IMPROVEMENT AGREEMENT FOR TRACT 12316.1 MODEL SITE ONLY KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in coffer man r.a with the VIe1111.eS of the Subdivision Map Act of the State of California, and of the appih.able Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and Lewis Homes of Coliforvaa ea einatter re /erred to as the Developer. WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract 12316 -1 (Model Site Crly) ; and WHEREAS, said City has estabiished certain recoirenents to be met by said Oevelaper as prerequisite to approval of said subdivision generally located at Terra Vista southerly of Baseline Road NOW, THEREFORE, it is hereby ag,eed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all imorove -ants described on Page 6 here- of within twelve months from the effective date hereof. • 2. This agreement shall be effective on the date of tha resolution of the Council of said City app(Oei ng this agreement. This agreement shell be in default on the day follnw- ing the first anniversary date of said aoprovai unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3. The Developer may request an extension of tine to complete the rms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, Including the construction standards, cost estimate, and Improvement secer.ty, and to require adjustments therein if any substantial change has occurred during the term hereof. e, if the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful meant, and thereupon recover from the Developer and /or his surety the full cost and ex, nse incurred. S. The Developer shall provide metered water setill— to earn lot of said development in accord once with the renulati.,, , schedules, and fees of the Cucamonga County Water Dislri -tt, 6. The ',eloper snail be resoontiblo for repiacer-oei relocation, or rrmoval of any (inch n r nt of any irlIgalire aatcr systnm in conflict wile of required improv,ents to the satisl action of the City Engineer and the o.nrr of such wa ;er system. u -� Tracts and Comm /Ina,, P.M. 0 7. Improvements rCO.n r_d to be constructed shall conform to the Standard Draw t ngs and Standard Specifications of the City, and to the Improvement Plan I 11 o v•d by and on file in the office of the City Engineer. Said improvements +. a tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be respunsIb le for construc- tion of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper Surface drill name. Errors or emaiissions discovered our Ing ronstructln shall be corrected upon the direction of the City Engineer, Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. a. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start +f work; ail regulations listed thereon shall be observed, with attention giYen to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public at i l t ties and City Departments. Failure tt comply 'It' this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Work done within existing streets shall be diligently pursued to completion; the City shall have toe ngnt to complete any and all work in the a °ent or unjustified delay in compietio n, end to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times followinq dedica. tion of the streets and easements in said subidivis ion, up to the completion and acceptance of said work or improvement by Said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dannertnt conditions. Until the completion of all improvements, herein incorporated on Page 6 , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any Street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during the r struction of the improvements herein ag,eed to be made. 12. Parkway trees required to be planted Shall be planted by the Developer after other improvement work, trading and cleanup has heel completed. Plart inn Shall be done as provided by Ordinance in accoroance with thn planting diagram approved by the City Community Development Director, The developer sno I be responsible for manitoining all trees planted good he a l to unt 11 the end of thr guar art o•iu maintenance period, or for one year after planting, no Ichever Is at er, 13. The Develnper It re soon: i b l^ for n ^el l no all condi - tions established by the City pursuant to the Sobdlvlslun -2- • n u Map Act, City Ordi ances, and this agreement for the development, and for the maintenance of all improvements ca n st ruc ted •`°- under until the improvement is accepted for nointenalce by the City, and no improvement security provided here inwilh shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the reVutred improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to oe furnished by the Developer with this agreement shall consist of the fol lowinn_ and shall be in a form acceptable by the City Attorney: D. The regu red bonds and the or h,ipal amounts thereof are set forth on page 6 of this agreement. 16. The Developer Oper warrants loaf the im p r ev t,rn is described n this ague. A wail be free Iof eel imps e. materials and workmanship. d,.!hip. Any and all port tons of ll improve. dents found to be dr,!ectdin wllntn one (l) yrar following the data which tiv imp. nvrmrnts are acc rpl rd by the charges shall be repaired or replanmo by Dr vein env Irre of all cnargrs Ui the City. Iln s1 v inorr wall to C1it a mn f .nonce guarantee • iecunly in a sum equal to ten prrcrnt (!Oil o! thr cpntlruction -1. 1 A. To secure faithful performance of this agreement, 1. A bond or bonds by one or more duty authorized corporate sureties i r the form and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney, 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. B. To secure laborers and materi aimen: • 1. A bond or bonds by one or more duly authorized corporate sureties io the form and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney, 3. A deposit with City of money or negotiable bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all bounds. y, lot Qrre, - am: street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown an the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as proce. dure permits after receipt by the City of the center] the tie notes and written asld�llse of payment in full from the engineer or surveyor. D. The regu red bonds and the or h,ipal amounts thereof are set forth on page 6 of this agreement. 16. The Developer Oper warrants loaf the im p r ev t,rn is described n this ague. A wail be free Iof eel imps e. materials and workmanship. d,.!hip. Any and all port tons of ll improve. dents found to be dr,!ectdin wllntn one (l) yrar following the data which tiv imp. nvrmrnts are acc rpl rd by the charges shall be repaired or replanmo by Dr vein env Irre of all cnargrs Ui the City. Iln s1 v inorr wall to C1it a mn f .nonce guarantee • iecunly in a sum equal to ten prrcrnt (!Oil o! thr cpntlruction -1. 1 0 estimate or 5200,00, whichever is greater, to secure the faithful performance of Developer's ob Iigat tons as dtscr ibed in this para- graph. The maintenance guarantee security shall also secure the faithful - performance by the Developer of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorised by the subdivision Nap Act and any applicable City Ordinance. i7. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performino work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, 'whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state, The minimum am o u his of such insurance shall be is follows: Contractor's liability insurance providing bodily injury or death liability limits of not less tha $300,000 for each person and 51,000,000 for each • accident or occurrence, and property damage liabi 1. ity limits of not less than $1i O,000 for each acci. dent or occurrence with an aggregate limit of $250,000 for claims which may arise from the opera. tions of the Developer in the performance of the work herein provided, Automobile liability insurance covering all vehicles used in the performance of this agreement providing hodi)y injury liability limits of not less than 5200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than $50,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may ar t se from the opera. tions of the Developer or his Contractor in performing the work provided for herein. 10, That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the spec if led insurance. Each such certificate shall bear an endorsement precluding the cancel lat. ions, or reduction in coverage of any policy evidences by such certificate, before the eapiret ion of thirty ( 30) days after the City shall have received notification by req,slie,ed mail from the insurance carrier. As evidence of understanding the provi, ens r ntnined herein, and of intent to comply with same, the $aihdivuler has suhmilted the follpwuig described imprn vem not security, and has aff i cad his signature hereto- -a- • • D".--LC RE 131NSUPANCE COMPANY PJ LL.( 3'' FAITHFUL PERFORMANCE 3'3 vnlri,: ,..an_ .:. CLE FCOIIiA 92'_OI Type: Princips, Amount: 555,100 Name and address of surety; OE'. -Lcli - i 11ISL'PAHCE CONIPANY MATERIAL AND LABOR PAYMENT ;331'�'C��E N, E1Y CALiFO'r:IV, ?2F01 Type: Principal Anuunt: 522,050 a Name and address of surety: CASH DEPOSIT MONUMENTATION Type: Principal Amount: Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: Name and address Of Surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to Be duly executed and acknowledged with all formalities required Dy law On the dates set Forth opposite their • signatures. /� Date Auivat 1B. 1983 by Levis Y.ox of La li orn la , Dereloper tgc t .A I C -nip -- Ba hard A. Data by ,Developer Signature Accepted: City of Rancho Cucamonga, Cal Hornig A Municipal Corporation By: Mayor Attest; IY }reek Approved: �,j,r /%• DI VFt OPIR'S SIGNATURE. MUST BE NOTANI110 -5. • CITY OF RANCHO CUCAMONGA • CONSTRUCTION ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For Improvement off Tract 12316 -1 Model Site Orly 0a te: Computed Dv: File Referenc(: City Deg. No. MOTE: Bones hot include current fee for writing permit or Pavement denosits. CONSTRUCTION COST EST! -ATE ITEM _ OL'f.N—ITY JM1_ UNIT -CST S :. 7CVT P.C.C. Curb - 12• C.F. P.C.C. Curb - 8" C.F. 899 L. F. 6.00 5' -.4 P.C.C. Curb only 6- L.F. A.C. Berm (520) min.) _ a• P.C.C. Sidewalk 4960 S.F. 1.75 6" Orive Approach 360 S.r. 2.50 1' B" P.L.C. Cross Gutter e9. S.F. 3.3;1 3:33 Street Excavation Imported Embankment Preparation of Subgrade 31,045 S.F. 0.15 4657 Crushed Aggregate Base (per in. thick) A.C. (over 1300 tons) A.C. (900 to 1300 tons) A.C. (Under 500 to 900 tons) A.C. (under 500 tons) 416 S.F. 0.55 24.961 Patch A.C. (trench) 1' thick A,C. Overlay e • Adst sewer manhole to grade Adjuodst sever clean wt •p gradx Adjust eater valves to grade Street Sign, FA. Ic!.'.JO 31 Street Sign; 3 EA. I0J.J0 0, Street frees Parkway landscape and Irrigation CO:STRUCTION COST S51_049 _ J CONTINGENCY COSTS TOTAL CONSTRUCTION _ S56.154 FAIT4FUL PFRFORtlANC.E SURETY (IOUs) LABOR AND MATERIAL crrnRJTY (50:) EAGIhtERIN9 I16PECTI01+ FEE _ >_grr4.50 0ELIn[Al10Y l4S1i II Fn IT Sdd,00 (RtFUNOmtLe1 MH)I+IIM;NTATION SURETY (CASU1 •Pu r,ud n to City of Ran, no Cneumnnga Min iI I I'd l C.n in, Title 1, C.hopler 1.07, adoptmq San Urm,"hno Cnnnty Cede Tillrs, Chaptrrs 1.5, a rash rr{tnratlnrl /Irl irlr al inn rlrpn'.IL {hall bN In.lde Or ter to issln ... cc Of An Engineering Cvnstructl:m I'amit. -h- • FAITHFUL PERFORMANCE BOND ?OND NO.: 106373 PREMIUM : $337.00 WHEREAS, the City (oiOLil of the City of Rancho Cucamonga, State Of California, and txvs Nome, of eallfornla (her eina /te^ designated as "p incinal" have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated August 10 _, 198 3 , and identified as project Tract 11)164 ~ei site ontyl is -Fer-eby referred to and made a part nereo ;and, WHEREAS, said principal is required under the terms of said agreement to furnish a band for the faithful performance of said agreement. NOW, THEREFORE, we the principal and oevelmeer , X. m =-ar. as surety, are held and firmly bound unto tee Cis —y oof ltancno Cucamonga (hereinafter called "City"), in tM1e penal sum of ftf: -six Tnouaam om Hwars9_61la6± a Un l te- ---- - - - - -- - - --- Dohs 66 too aX ui money Of the Unt tad e� the payment of XM1 IJ Chi 5Vm —Xe)l and truly t0 be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and Perform the covenants, conditions and . provisions in the said agreement and any alteration thereof made as therein provided, _ their their part, to be kept and performed at the time and in theM ; -.Ier therein specified, and in all respects according to their true intent and meanine, and shall indemnify and save harmless City, its officers, agents and employees, as therein Stipulated then this obligation shall i become null and void; otherwise, t shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in sic ce ssiu l ty enforcing such obligation, all to be taxed as costs and included im any ju�gment rendered, The surety hereby stipulates and agrees that n0 change, •' eat On s l on of time, alteration or addition to the terms of the agreement Or to the work to be performed thereunder or the speci - fications accompanying the carne shall in an yXf se affect its 1 obligations on this bond, and it Aoes hereby waive notice of any such change, e to n s on of time, alteration or addition t the H terms of the agreement „r to the wort or to the specifications, IN WITNESS WHEREOF, In,s instrument has been duly executed by thu Dr,nciVal and surety above named, on Ali_e le _ 198 r;,,lif -"a DEV111,011ERS tNt;VRANCC C,IMPAAy , •r�i„��, i�iir el _ —rltm Day -in -f ACt 5tnpnen A. Spun nu!✓o PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED BOND NO.: 106373 -A ' PRMIUM : INCLUDED LABOR AND MATERIALMEN BOND • WHEREAS. the City Council of the City of Rancho Cucamonga, State of California, and i.wis uo,ms of Californle ( ..ere, ha ter designated as ••p r n c p a l ^) nave entered into agreement, whereby prints pal agrees to install and complete c ert a In des i gn a: e public improvements, which sold agreement, dated Avgyst 10 - 1983 , and identified as protect _Tract 12316 -1 (model site ont9) hereby relCrred to and ^late a part her eor; ana WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga to secure the claims to which reference is made Title 15 (commencing with Section 3082) of Part 4 of Division ? of the Civil Code of the State of California. NON, THEREFORE, said pr Inc i is al and the undersigned as a corporate surety, are held firmly bound unto the City of RahCho Cucamonga and all contractors, subcontractors, labcrers, materialnen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code D 1V11 Procedure in the Sum of MntY -610ht 'nwveand Fifty collars a No loo Dollars (S m.nse ). for matenais furnasned or labor thereon D' any kind, or tar amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay t same in an amount not exceeding the amount hereinabove set fort -.. e and also in case suit is brought upon this Dona will pay :.n addition to the face amount thereof, costs and reasonable expenses and fees, Including reasonable attorney's fees, incur ^e: by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to Included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond • shall inure to the benefit of any and all persons, co-lanies and corporations entitled to file Claims under Title 15 (commencing with Section 3022) of Part 4 of Divison 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought.upon this bond. Should the condition of this bond be fully performed, then this obligation snail become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no chance, extension of time, alteration or addition to the terms of said agreement or the specifications acccapanying the same shall In any manner affect its obligations on this bond, and it does here- ;' by waive notice of any such change, extension, alteration or addition. IN 'WITNESS WHrh EOF, this instrunent has been duly executed by the principal and surety above named, on AUMtt le , 188 , LAai:ihm,•_ft_ Lifr�ria DEVa •Rc •c Oa PA NV / .pnie lo:w: isu r'ey inr. ar nd % -lh.,. u Authorsed Aneht Stephen A. Spoonlo PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS • SIBNATURLS MUST BE '10TARTILD n U U CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician C,�'CA&10 ' �An FI— 1977, 1 SUBJECT: Setting of Public Hearing for October 5, 1983 to form Landscape Maintenance District No. 3 for Parcel Map 7349 located on the north side of 4th Street, east of Route 15 Freeway Lewis Homes, developer of Parcel Map No. 7349, a general industrial subdivision, has requested the City form an Assessment District for the maintenance of landscaping, a detention basin and storm drain within their project. These improvements will be installed by the developer. The landscaped area on the westerly side of Hyssop (between Hyssop and the Freeway), the temporary detention basin located on Parcel No. 8 and the storm drain easement which provides the drainage of Hyssop Street south to the detention basin will be maintained by the Assessment District. Total annual maintenance cost is being estimated as follows: Landscaping $0.30 x 6057 sq. ft. = S1,817.00 Detention Basin and Storm Drain $1 000.00 LUMP SUM = ,8 .00 Per Lot Annual Assessment S 352.14 Per Lot Monthly Assessment $ 29.35 RECOMMENDATION It is recommended that City Council adopt the attached resolutions, initiating and forming Landscape Maintenance District No 3, approving the Engineer's Report, and setting the date for Public Hearing for October 5, 1983. Re ypectfully subpii tted, Attachments 4. • r RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets & Highways Code authorizes tl�,is City Council to initiate proceedings for the formation of an assessment district to improve and maintain landscaping, basin and storm drain located therein; and WHEREAS, this City Council desires to initiate proceedings for the formation of an assessment district to be known as "Landscape Maintenance District No. 3" to improve and maintain landscaping, basin and storm drain to be located within the boundaries of said landscape maintenance district. NOW, THEREFORt, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby proposes the formation of an assessment district to be known as "Landscape Maintenance District No. 3" pursuant to the Landscaping and Lighting Act of 1972. • SECTION 2: The nature, location and extent of the improvements to be ins* >>led and maintained within "Landscape Maintenance District No. 3" are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The location and extent of Landscape District No. 3 is more particularly described in Exhibit "B" attached hereto and incorporated herein, and this City Council hereby specifies the designation "Landscape Maintenance District No. 3" for said landscape maintenance district. SECTION 4: The City Engineer is hereby authorized and directed to cause the preparation and filing of a report with respect to the formation of Landscape Maintenance District in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: ' NOES: ABSSC'J: doh 0. MiTie�s,`ayor- 0 ATTEST: Lauren asserman, t y Clerk' t ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT NO.3 w � � a _ _ _ CNGINFERING 1)1VISION VICINITY NIAP page Resolution Ho. Page 3 EXHIBIT "B" A portion of the west half of Lots 81 -88, inclusive, Map of Rochester as • recorded in Boor. 9, Page 20, Records of San Bernardino County, State of California. u rn .�, RESOLUTION NO. * -' A RESOLUTION OF THE CITY COUNCIL OF THE CITY of RANCHO CUCAMONGA GIVING ITS PRELIMINARY APPROVAL TO THE E.NGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets and Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain landscaping, basin and storm drain located therein; and WHEREAS, pursuant to Resolution No. * this City Council initiated proceedings for the formation of an assessment district to be known as "Landscape Maintenance District No. 3" to improve and maintain landscaping, basin and storm drain to be located in the boundaries of said Landscap- Maintenance District and ordered the preparation and filing of a report in accordance with Article 4 (co�ixrmncing with Section 22565) of Chapter 1 of the California Streets and Highways Code; and WHEREAS, there has been presented to this City Council that certain • "City of Rancho Cucamonga Engineer's Report for Landscape Maintenance District No. 3 and WHEREAS, this City Council has duly considered said Engineer's Report in each and every part thereof, and finds that each and every part of said Engineer's Report is adequate and sufficient and that said Report does not require modification in any respect. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby gives its preliminary approval to the Engineer's Report referred to in the recitals hereinabove. SECTION 2: Said Engineer's Report which is referred to in the recitals hereinabove shall stand as the City Engineer's Report for the purposes of all subsequent proceedings in connection with the formation " Landscape Maintenance District No. 311. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: 0 ABSENT: --ro n , idiom s, ayor Resolution No. Page 3 CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 3 Original Formation Lloyd B. Hobbs, City Engineer September 7, 1983 0 • • Resolution No. Page 4 E CITY OF RANCHO CUCAMONGA ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT 40. 3 SECT101 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. GENERAL DESCRIPTION The report deals with the establishment of Landscape Maintenance District No. 3 in the City of Rancho Cucamonga, Area to be included in the work program are specifically defined in the body of the repnrt and on the attached Assessment Diagram. The total area of S34 d parkways being 6,057 square feet, and a detention basin located on Parcel No. 8. Work to be provided for, with the assessments established by *he District, are: • The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any parkway and detention basin improvement. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per Tot basis. SECTION 3. PLANS AND SPECIFICATIONS The plans and specifications for landscaping, detention basin and storm drain are to he prepared by the developer. The plans are as stipulated in the conditions of approval and as approved by the City Engineer and City Planning Division. Reference is hereby made to the subject Parcel Map and the assessment diagram for the exact location of the landscape area. The plans and specifications for landscape improvements on the individual Parcels are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. Detailed maintenance activities include: The repair, removal or replacement of all or any part of any improvement, to include landscaping, detention basin and storm drain, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems, and cleaning of drainage inlet and outlet structures, pest control, debris removal, fence repair and all associated work for the successful functioning of the systems. Resolution NO. Page 5 • SECTION 4. ESTIMATED COSTS No costs will be incurred for improvement construction. All improvements will be constructed by developers. Based on data from other cities, contract analysis and developed work standards, it is estimated tha maintenance costs for assessment purposes will equal thirty cents ($.30) per square foot per year for parkway and a Lump Sum $1000 annually for detention basin maintenance. These costs are estimated only, actual assessments will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 3 comprised of 8 lots and per lot costs are shown below: Total Annual Maintenance Cost: Landscaping 0.30 x 6057 $1817.10 Detention Basin - Lump Sum = 1000.00 and Storm Drain TOTAL - $23I7T6 Per Lot Annual Assessment $2817 divided by 8 = $352.14 Per Lot Monthly Assessment = $M j. Assessment shall apply to each lot as enumerated in Section 6 and the • attached Assessment Diagram. SECTION 5. ASSESSMENT DIAGRAM A copy of the proposed Assessment diagram is attached to this report and labeled "Exhibit A ". SECTION 6. ASSESSMENT improvement for the entire district is found to be of general benefit to all lots within the District and that assessment. shall be equal for each parcel. SECTION 7. ORDER OF EVENTS 1. City Council approves institution of District proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engieer's report. 3, City Council adepts Resolution of intention to form a District and sets a public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon proceedings. 5. Every year in May, the City Engineer files a report with City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • 63 0 Ll _ f i N I 1 i U c Ic; rK Y OF RAN'C110 CI:C\.MONGA — x \GIX(iF.KI \G 1)IVIS10N w T �'iI;INIT}' �IAP \ill pogo ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.3 ,z i c 6 W _ f i N I 1 i U c Ic; rK Y OF RAN'C110 CI:C\.MONGA — x \GIX(iF.KI \G 1)IVIS10N w T �'iI;INIT}' �IAP \ill pogo Resolution Yo. Page 7 EXHIBIT "B" A portion of the west half of Lots 81 -88, inclusive, Map of Rochester as recorded in Book 9, Page 20, Records of San Bernardino County, State of California. 1J • 0 RESOLUTION NO. * f - `• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 r WHEREAS, on September 7, 1983, this City Council adopted Resolution No. * proposing the formation of an assessment district to be known as "Landscape Maintenance District No. 3" for the purpose of installing and maintaining certain landscape, basin and storm drain improvements to be located within said assessment district; and WHEREAS, on September 7, 1983, this City Council preliminarily approved an Engineer's Report with respect to said "Landscape Maintenance District No. 3" and caused said Engineer's Report to be filed in the City Clerk of the City of Rancho Cucamonga; and WHEREAS, this City Council desires to form Landscape Maintenance District No, 3 for the installation and maintenance of certain landscape improvements to be located therein. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby declares its intention to order the formation of an assessment district to be known as "Landscape Maintenance District No. 3" for the purpose of maintaining certain landscape improvements therein and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972. SECTION 2: The landscape improvements to be maintained within the boundaries of Landscape Maintenance District No, 3 are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The general location of Landscape Maintenance District No. 3 is more particularly described on the diagram attached as Exhibit "8" and incorporated herein by reference. SECTION 4: Reference is hereby made to the Engineer's Report on file witr the City Clerk of the City of Rancho Cucamonga for a full detailed desrription of the bnundaries of landscape Maintenance District No. 3 and the proposed assessments upon asszssable lots and parcels of land within said assessment district. SECTION 5: This City Council hereby sets the date, time and place of a public hear nq nn the formation of Landscape Maintenance District No. 3 to he is follows: (I DATE: October 5, 1983 T MME: 7:30 P.M. . PLACE: City Council Chambers at 9161 Base Line Road, City of Rancho Cucamonga SECTION 6: The City Clerk of the City of Rancho Cucamonga is hereby authorized— directed to cause a certified copy of this Resolution to be published at least once, ten (10) days before the date set for said public hearing in The Daily Report, a newspaper of general circulation published in the City of Ontario circulated in the City of Rancho Cucamonga. The City Clerk is also authorized and directed to cause a Notice of Public Hearing to be sent by first -class mail to those persons whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization Assessment roll with respect to the real property to be included in Landscape Maintenance District No. 3. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, pity Uerr t �! J Jon D. Mike s, Mayor • • 01 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.3 -�1 I C[Tl' OP It; \SCI IO Cl.'C:� \ION'GA w V,nl u,i r ",',. ❑ F.N(;INB[RING DIVISION %'ICINITY NIAV pa se •. e _ 5 a __ec_�. 4 , i- z i m C[Tl' OP It; \SCI IO Cl.'C:� \ION'GA w V,nl u,i r ",',. ❑ F.N(;INB[RING DIVISION %'ICINITY NIAV pa se Resolution No. Page 4 EXMI3IT "B" A portion of the west half of Lots 81 -88, inclusive, Map of Rochester as recorded in Book 9, Page 20, Records of San Bernardino County, State of California. r • CITY OF RANCHO CUCAMONGA STAFF REPORT • DATE: September 7, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician GGAO's) Afp tC9 Z� r e,, 'r x� x - > 1977 1 SUBJECT: Aproval of Improvement Extension Agreement for S. A. 80 -09 located at the northwest corner of Haven and Banyan Avenues and submitted by the Southern California District of the Lutheran Church The Southern California District of the Lutheran Church has submitted the attached Improvement Extension Agreement requesting a six -month extension of time to complete the off -site improvements for their project located at the northwest corner of Haven and Banyan Avenues. A passbook account in the amount of $30,000.00 is being held by the Finance Dept. as security for the construction of the off -site improvements. RECOMMENDATION L J It is recommended that City Council adopt the attached resolution approving the Improvement Extension Agreement and authorizing the Mayor and City Clerk to sign same. lly submitted, CBW: BfC: jaa Attachments IS t, p rL 00 G;rJ G7 , J tMF, tIYP.G...._. K -I ; zo " �1T�• h7�G°G'j LL CL-VD. l 11 SAI.� CGP.F.11btr.!c� CITY OF IIA \CI 10 CUC N10 \GA I'UkNNI \C DIVEDN I'TLO L' mom e, 1� C,O;Ja.Y TITLE; 14 /:1 f•. \I III;IT: 11 ____ SG\I .E: �� r� u I 1 U C/r NORTI i sESOLUTION NO. * % l' • A RESOLUTION OF THE '-:TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNI:, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPR01'EvE4T SECURITY FOR S.A. 80 -09 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on September 7, 1983 ;y Southern California District of the Lutheran Church - Missouri Synod as Developer, for the improvement of public right -of- way adjacent to real property specifically described therein, and generally located at the northwest corner of Haven and Banyan Avenues; and WHEREAS, the installation of such improvements, described in said Improvement Extension Agreement and subject to the terms thereof, is to be done in conjunction with the cevelnpment of said real property referred to as S. A. 80 -09; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreement and • said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M, 'dnsserm an'C it y Clr`!c E Jon 0. Mikels, Mayor • CITY OF RANCHO CUCAMONGA IMPROVEMENT EXTENSION AGREEMENT FDA S.A. 80 -09 KNOW ALL MEN BY THESE PRESE47S: That this agreement is made and entered into, in conformance with the protrusions of the Subdivision Hap Act of the City of Rancho Cucamonga, California, a municipal corporation, by and ttweed Coe said City, hereinafter referred to as the City, and Southo.n iAlifp rn is 0i "rn' of the rc /C((fd to as the Developer. Lutne ran Cnur,n_q,sSp uP - _ /— WITMESSETH: THAT, WHEREAS said Developer entered into an improvement ag(Cement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires an eIten5i0n OT time to co -Jlete the tens of the said improvement agreement, NOW, THEREFORE, it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the terms of the said improvement agreement is hereby eatenLed by a period of months from the date of eapirat!pn of _y_ the said agreement, 2. Increase in improvement securities to reflect current improvement costs shall be furnished by the developer with this agreement and shall be approved by the City Attorney, 3, The required bond and the additional principal amounts thereof are set forth on the attached sheet. 4. All other terms and conditions of the said imprnvement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to tDmoly with "me, the De'vrinpef has Submitted the below dCSCr,.od improvement security, and has affixed his slgnature hereto: FAITHFUL PERFORMANCE BOND Description; pass Bnpl Acct. Additional Principal Amount; None Re,uired Surety: t14an406E67 Address: First int.'state land MATERIAL AND LABOR BOND Description; Additional Principal Amount: N/A Surety: Address: CASH DEPOSIT MONUMENTING BOND Additional Cash Deposit: N/A MAINTENANCE GUARANTEF BOND Prmripai To be pas o•rpr in ,iccry Linr= if tno ................. '................. I..........:................... CITY OF RAYC!'tl r',r AMo'gA pEVC.OPER CALIFORNIA, a n4nln pal corns. at'On BY: Attest: Luren H..a(d. --inn, NOTE: DrvnnprR's srcxnrunt MUST nE NOTARIZED f4Jr I.�M, N s4 'A W A.: c T ":"F•;T • The Souttem California pistnct of the Lutheran Church - _issouri Srrad t,,raln called ASS =;ZR, v:..oso ad,. ,,,s Ts i4 C,i .p;t PoPO rand Bnuleva ^d_'ns 4n0a1es, Ca. KG22_ de (d A.) hereby ar.a :gn and ser ever to the ! of Fa icon Cu ca ".n :a heceine`.ter eferred • as ASSIMCE, all ri = :ir, title T�nterusr Of wl3tgver nature, of oa ssi anor, in and to the insured g —ent of assigner to ;he _ f)rct Interstate Bank _ evlderc d ass 1,,"k io the am art a _�j, -fig _ . -. - :cd 148 aycc0: < ?os _ =]_ M'hich is delivered t,. ^ s ass:c nee i,e re wit n. dsstgnor -,cot r. ^r Les h eIth ,t the r g t. i the .n sera nee u: aceoant by the Federal Sayings and L Insurances COrperatton and Includes and gives the r. ;:at to the assignee to redeem, collect, and withdraw the :ell docent of such account at any time without dice to the assirnor. Assignor agrees that this as s iganent is civen is secartty for SF 80- 09 /P.M. 4735 - construction and . approved redian islard, adrkwdv landscaping, sidewalks, and repair to n e` meets dacd;ed during tenst ruction. sae :hat cha assignee may; o not rue to assigner- ieavon, -ol- lect and withdraw the amount nt f for the purpose of paying for any or ali_i Gyms nahorvzM by the said ag re•emenc. Assignor haraby notifies the above-nnmed savings and Loan Association of this assi;nren�tp. Gated thin /7fA d.y of _Q/iTf 19/1. ASS iG�OR By r. Y_C°1PT G : -rCt OF : SSTol:MENT RF.CE -PT FOR CERTIFICATE, AND D_I3i.. .:V Tt+ PA5' EAP.A i:L.S Re cerpt an here acknowledged e to ri Aes Of ,cnee o written notice Peceint is acknowledged of the of the nssianmcnt to said Assignee above asstgn1e1L and the rrrti- of the account and certificate ficate identified in the above idaauficd nbwe, we have noted assignment r. our records the Ase,ynee's iu:erest in said account as shown iP hh = i7�F—arM-y-oc tea by the shove assignment and have to pay any earnings on the above - etoined n cupy u` this sheer. we identified account to the above - orttfy ;hit we have received no earned aseignor until ocher w,se of lien, enc.mbrancc, hold, notified in writing by the clam, or ohl inat ten of the above- ass ty r.e e. fled account prior to the Jnoent to the, Asilg:l P. n. we ., "he nnyrent to the Ass:: S ""u t in n�ltnre ,I'll rhl• .� '.,nua Ind! lounilav ,i l." 'k 1g ttl, .1 .. n,-1 atlon. •• •...a ih,s f: _i_day of Q }i ,.:_, Ddcnd this day of Yi11�, � : � • ) g, —nwov< A • 11 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician f T f_I IZ D -107- 1 SUBJECT: Intent to Vacate An East /Hest Alley located between Calaveras and Vinmar Avenues On November 25, 1981, Planning Commission reviewed the request to vacate the above - described alley along with the portion of the alley located on the west side of Calaveras Avenue. Planning Commission recommended that they alley be vacated through City Council procedure. The portion located on the west side of Calaveras has been vacated by City Council Resolution No. 83 -24 approved on February 3, 1982. Attached is a letter received from the property owners adjacent to the alley on the east side of Calaveras requesting a vacation of said alley. )he alley is unpaved and is not used for entrance to any of the lots. There is a chain link fence along the rear of Lots 4, 5, 6 and 7 with Lots 4 and 5 being vacant. Lots 8 and 9 have been merged into one lot and contain a house with a block wall to rear and side. Lot 26 fronting on Calavaras contains a new house; Lot 33 fronting on Vinmar contains an existing house. These two lots are not fenced at this time. Drainage does not appear to be a problem. The land slopes slightly to the south. Since the alley is unpaved, it has not been used to carry drainage flows to the street. The owners are aware that they would become responsible for the lot to lot drainage upon vacation of the alley. RECOMMENDATION A It is recommended that City Council adopt the attached resolution setting the public hearing to vacate the said alley on October 5, 1983. ppctfully sub itted, �vr�j.K 4Lhmen a • RESOLUTION NO. * '! % - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE EAST /WEST ALLEY LOCATED BETWEEN CALAVERAS AND VINMAR AVENUES, SOUTH OF 9TH STREET BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council hereby elects to proceed under Section II37T, et, seq., of the Streets and Highways Code, also known as the Street Vacation Act of 1941. SECTION 2: That the City Council hereby declares its intention to vacate the east /west alley between Calaveras and Vinmar Avenues, south of 9th Street a City street, as shown on Map No. V -030 on file in the Office of the City Clerk, a legal description of which is attached hereto marked Exhibit "A" and by reference made a part hereof. SECTION 3: That the City Council hereby fixes Wednesday, the 5th day of October, T-983 at 7:30 p.m., in the Lions Park Community Center Building, located at 9161 Base Line, Rancho Cucamonga, California, as the time and place • for hearing all persons objecting to the proposed vacation for the purpose of its determining whether said City street is necessary for present or prospective street purposes. SECTION 4: That the City Street Superintendent shall cause notices to be posted conspicuously along the line of the street or part thereof proposed to be vacated at least 10 days before the hearing, not more than 30 fret apart and not less than three signs shall be posted, each of which shall have a copy of this resolution on them and shall have the following title in lettering not less than one inch in height: "NOTICE OF HEARING TO VACATE STREET ". SECTION 5: The subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 6: The Mayor shall sign this Resolution and the City Clerk shall attestto the same, and the City Clerk shall cause same to be published 10 drys befnr,, the date set for the hearing, at least once in The Daily Reoort, a newspaper of general circulation published in the City of Ontario, Califrnia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: ABSENT: EXHIBIT "A" That portion of the alley (201wide) as shown on Eureka Gardens Tract No. 1829, • as recorded in Map Book 28, Page 20 in Official Records of San Bernardino County, State of California, bounded by the following: On the East, by the West right -of -way line of Vinmar Avenue; on the West, by the East right -of -way line of Monte Vista Avenue (presently known as Calaveras Avenue); on the North, by the Southerly property lines of Lots 4 through 9; on the South, by the Northerly property lines of Lots 7 and 14; all of the said Tract Map. • E 1 • 0 EXHIBIT "B" Reservations and Exceptions The vacation described in Exhibit "A" pertains to the use of said land for alley purposes. All utility uses are retained and excepted. r • il I V -030 9 > OF a T Q i i CV 40 27 30 1y °. r• L,y,p ,4 Qe', • r� 57 1 28 35 22 fJ a I ..�4 rs r1ti 20 36 ��•,. I11, 2l 4 1 5 1 6 (a 'i G ! GOMEZ, 'a II 12 ` TO BE VACATED (.I IY 01• RAN( I10 (,l (,:\r \1O \(.A I °.N(;INh:1 °.RI \G Ui \'ISION _ t_t N _.. VICINITY „AP .Iqn r;IF`• 130mLIEA 33 ROJAS CV 40 27 30 1 28 35 42 a I j J 36 43 :f1 30 37 - - -,I �1 44 W(r� 31 39 7 (I) 32 � 39 S 1, TO BE VACATED (.I IY 01• RAN( I10 (,l (,:\r \1O \(.A I °.N(;INh:1 °.RI \G Ui \'ISION _ t_t N _.. VICINITY „AP .Iqn r;IF`• PAGe I OF 3 C JULY t,7, 1923 • Dear Str,. =N o.CCordaNC.e withGCNVersatioN, (Garb {he followW;c� lei {er is fcr,.:ctrdecl RS a. Pet;4.tcN to vo.CcAe alley. Alley Itro juesl ioN is IOCakecl bet wee-N Calo veras Averuuc nraA \/;many Averoue., iN the CAY 04'Cuca.,�ncr�a. I -t i5 cirrec {ly ocrkh of 8735 Cala.vercls AveNUe gNrk directly rdorth o-�8'732 V•ovmar AveNtle.. This o.Uey is also directly seukh of Br95 E.9tb Street 820c E.9-L" s {reek aN& 8207 E. rltn s }reek. =t is also Lhvder,kcei kha{ haviv3 GeroSe.Nt d {o {he vacakirJJ of alley ruorkh of 9m Calaveras Avemuo -I C bhr. c ly is hereby relieved of the Fc11e tN3 respeN,;b'tthies: • a) C, {r is KNQW loNqer MPSpONCtble fcr aY.c�Ai�. b) DrwNane tc Surroum&`13 are05. G) Prever \3k,ory of uJaker YuC -et£ `,pectF,ca \ly whe.re. (Llli y is ko be vgCATeS. C4r�F, errmcre., 4 iS Clear t.hak omce alley rs vac0k -ed by pe },ktos aNA approved hY the C,kyr the pe {ttront.r'S MAY runt heNecje or cxl�er this documerot . =k is also urodercko0d that t4 C�TT,C.IhI ClCr.a YT, ety'� arvfi 15 k�, bCQ L,. -ICA a, l(l T1P •_t is al;o u�wl�r�tcecl for the prcte.c�iero 0f , the. C�4.y nn:d rVei�F,bnr's Goar_r.rnuvl, 6hak oroc.e ibis dac, ie „){ tp C. vt• l the CCNFCNtJ wQA meptv,n,� ..C�t4h,r1 L11a11 �lr, -E Ic t• 1-A VO r(erl NOY CM acJJ ?�. rr7 nmy 4;qy. This le4ker 75 be.,n'� Fort- ,!r,rc \crl no arJ Cff -rtr0.1 l rlecu:mervt to the C;ry of ta)RCh.r'g. Ihrs r5 cL �rcpc'0.1 • which SIFKS approval by Fie CAY t0 vc,cal:e alley Grid Sub - Divide property. -1 o p,lc;e 2 C'F 3 The Ciy o� RntaCllp Cuca-moNOO �E �lt '-.Cr'Si does 1- e_�uire a tae a+ g1127.C� kewar<ls khe, oropcs,�l }rr�NSHCtIen. aeir� tr,ak h's is a Fve pnr�y kra s- ackiorJ Q, ketal o� •,rr. �S.CY :,:ill be ree;,�irred From Eac'n pav+y or aN n mcvin t fro m aN� 9 vero porky khat v .11 r�Tlez.t khe reG;u rred Ioak�NCe. _ , Jnm1e5 A. 3ct'11Er, 11 be khe Gi1leckor e f jW85, p0.roA & L-y here prormtse. to pYer;P'Nt M Gull fl 125•co {o -Ole Cky o-� RR Nche Cuenm e ;�a. have rend this dccta.' ewA nrv& eolt�ratS Wikhlr�. = CSo UNCIGY`���W� tYIJ prci0a�l O'N& Cko C.CN�''?Nt cdlcy Lj0.c4e&. As red e,�ec\ Icy khe c;ky o� fn�ivee.r's tht �ollowi.� Narme� Qre •1N 0.9rP.¢•mz,V� c \N� ku11y uNder- •;_,1 < \t:'i. 'EF7� CC�-JY2��'tS lU �'iY11 nI: 1. Sarcneo A• Bot111Er �i,TSSY ���r \�^`�"` fl735 Colarerrts AVE., 2 Cruz t Daroef Roja: 8732 Vin+rrnar Ave., 3. Calis6ro GC.<n`.l;L A2o7 9 ±h <6r,aF Cn c 1 -rnr � cja Cnl, G. -- -�-- -- ./ r 4 N \ornOe5 R c0�u h 9 e 15trrr k, ��L c� C r 1L� L �rcarmo ro3a,Ca \'��, I!' PAGE 3 0+ 3 CLOeeNZO =NfoNte • mr. Loremio I"i oLrAe- 15 0. {reC�SLL'reY YepreriCn;���:c� -�!,e ',C1,urcl, o;' NazayeNe" Al- Oiou3'm properky is moo occupied by W. LorerNZU sv�avke l,ehas breN G;veN Qu�h Or'Lck "m vacctike a11ey. PreUev4ly 8I4i5 E. qk5 SEreA is OwNed by khe Ghurch o;' NazareNe� QIk4�ou�F, ik is be1ro� tented ko arooil,er prtrty• This 'is a prope:,aL which 5eeK-1 apprevolby the c-Ay 'N order thak nc {1014 r QoY be t txen to _ Cv tca�e CO ey o.�, G ib divide P,Cpercy. • Reopec -6 -v 11 yow—,, 9Me6 A. BoTt��NR I 11 I.T. • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 r• 'U TO: City Council and City Manager 19 FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Approval of Agreement and Security for Parcel Map 6051 located on the north side of Manzanita between Sacramento and Beryl Avenues Mr. Fred Nelson, Jr. has submitted the attached agreement and security for construction of the off -site improvements in connection with Parcel Map 6051. Parcel Map 6051 was approved by the Planning Commission on May 13, 1981 for the division of 1.9 acres of land into 4 parcels within the R- 1,20,000 zone located on the north side of Manzanita Avenue between Sacramento and Beryl Avenues. The developer is submitting the following in security: Fa ;thful Performance Bond; $13,600.00 Labor and Material Bond: $ 6,800.00 RECOMPIENDATION It is recommended that City Council adopt the attached resolution approving the agreement and security submitted for Parcel Map 6051 and authorizing the Mayor and City Clerk to sign same. Respectfully submitted, LB��:jaa AttachTnent p ?. 4 PARCEL MAP 6051 �ei3x Nklcll 7 OQSf / A( NF L e� 0 It Z ,E /'io rpggcd lLS JJC1 Pa Le..n 0 i �J sp 0� q w 8 g moo 4 QI •S •1 ° i ij 24 V I 1b\nil .,ha Fc:h DOW If m4,VVV1T4 ��•. [�ru vL w f•TY( I Jut°' Il Ee rlv ream kl �' ✓ °ii iie(• b (e rip i... 5 i9rj yn• / is !W(. p• ^S� a, acp I I LANS 4c4C h0 r V n 9 m P.'46fL J_ '.l.• G2 ^Fi n 'v xfl e ^O1 v � r •9 � Ns. ry; A � InQii' �ei3x Nklcll 7 OQSf / A( NF L e� 0 It Z ,E /'io rpggcd lLS JJC1 Pa Le..n 0 i �J sp 0� q w 8 g moo 4 QI •S •1 ° i ij 24 V I 1b\nil .,ha Fc:h DOW If m4,VVV1T4 ��•. [�ru vL w f•TY( I Jut°' Il Ee rlv ream kl �' ✓ °ii iie(• b (e rip i... 5 i9rj (J $Mr per ) Of ^S� a, LANS 4c4C h0 d V n 9 m ic' x: 'v t ^O1 �ei3x Nklcll 7 OQSf / A( NF L e� 0 It Z ,E /'io rpggcd lLS JJC1 Pa Le..n 0 i �J sp 0� q w 8 g moo 4 QI •S •1 ° i ij 24 V I 1b\nil .,ha Fc:h DOW If m4,VVV1T4 ��•. [�ru vL w f•TY( I Jut°' Il Ee rlv ream kl �' ✓ °ii iie(• b (e rip i... 5 i9rj (J $Mr per ) Of title; CITY 01: R:1NCI 10 Cl'Cr \ \IQ \(�r1 A ' , \ PM 6051 ri �i t ENUNP.P.RING DIVISION MAP VICINIT MAP — N 19VICINITY pa c R RESOLUTION NO. * ) �-' l In • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP N0. 6051 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on Septe,itb r 1, 1983 by Fred Nel.cn, Jr. as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located on the north side of Manzanita between Sacramento and Beryl Avenues; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Parcel Map No. 6051; and WHEREAS, said Improvement Agreement is secured and accompanied by gcvd and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said improvement Agreement and said • Improvement Security be and the same are hereby approved and the Mayor is herby authorized to sign said Improvement Agreement on behalr of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: ABSENT: ATTEST: Lau re nn M. W asserman, City flerTc /Sea P Jon D. Mikels, Mayor i ilk • CITY OF RANCHO CUCN!0aA 111PR01'EKCNT AGREENI HT FOR PARCEL PAP NO. 6051 CROW ALL hi-N BY THESE PRESENTS: That this agreement is made and entered into; in conformance with the provisions of the Municipal Code and Pegvlatiooe of the Ct ty of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City by and between said City and s Fred A. Nelson, Jr. hereinafter referred to as the 0eve Dyer. WITNESSETH: THAT, WHEREAS, pursuant to said Code, Developer has requested approval by the City of Parcel Nap dumber 6051 in accordance with the provisions of the report of the Ity ngmeer thereon, and any amendments thereto; located north side of Nanzanita between Sacramento and Beryl and, WHEREAS, the City has established certain requirements to be met by said Dev- eloper prior to granting the final approval of the parcel map; and, WHEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and apprgaed by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the pupose of securing said approval; NOW, THEREFORE, It is hereby agreed by and between the City and the Developer as follows: • 1. The Developer hereby agrees to construct at Developer's expense all inarovenents described on Pane 3 hereof within nine months from the date hereof, as per Section 2.12 of Ordinance N0. U. 2. The term of this agreement shall he nine months commencing on the date of execution hereof by the City. This agreement shall be in default on the day following the last day of the term stipulated, unless said tern has been extended as hereinafter provided. 3. The Developer may request additional time in which to complete the pro- visions of this agreement, in writing not less than four weel.s prior to the default date, and inclu, ng ttances of necessity .ns id i sang .cat of request, .. for additional time, In consideration of such request, the City reserves the rest[ to review the provisions hereof, including ise construction standards, cost estimate, and sufficiency to [he substantial security, and to require a I. adjustments thereto when warranted by substantial changes [herein. a. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be complete^ by any lawful means, and thereupon to recover from said Developer and /or his Surety the full cast and expense incurred in so doing. S. Encroachm,nnt pempits shall be obtained by the Developer from the office of the City Ergir,eer prior to start of any wort within the public right of way, are the Developer shall conduct such work in full compliance m th the r nal,tIons mnt,:mcd therein. Nomconpli,:nce .nay result in stepping of the n.irl by the Clty, and 115essi —nt of the penalties provided. 6. f.ibi¢ right of way Ir;.moserene work. requirtd shall be cpnstructsd in can. fill ,; e;n urth apprnvre. irprorrncnt {.lans, Standard Smolflceiltns, amt :nnar,l Dllw llln,, and ,iny s clot .mend -irnts thereto. Const•I'Ctlon shall any ,inUtr offer Incidental work deemed metr Ssary for d,, .1IgP ur put ,c s,!f r.ty. • • age 2 'RFROYE".EIIT AOaE:MENT 7. Work done within existing streets shall be diligently pursued to co :ole- tion; the City shall have the right to complete any and all work in the event of enjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. S. The Developer Shall be resell ihle for replacement, relocation, or re- moval of any conpenent of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system, 9. The Developer shall be responsible for removal of all loose rack and other debris from the public right of way resulting irom work done on the adjacent property or within said right of way, 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the tens of this agreement shall be subject to the approval of the City Attorney. The principal amount of said irpro ; = -erf security shall be not less than the a000nt shown below: IMPROVEMENT SECURITY SUB!IITTED: Faithful Performance Bond 11,600 Material and Labor Bond 6,000 IN WITNESS HEREOF, the parties hereto have caused these presents to bo duly executed and acknowledged with all formalities repaired by law on the eites set forth opposite their signatures: w DEVELOPER Fred A Nelson, Jr, BY: �iw DATE: BY: rrrttf"' DATE: N I T'IESS: PATE: CITY uF RANCHO CUCAMn:,GA, CALMR "TA a municipal corporation ATTEST:_ � .0 IiY CLERK D %, TE: � 'i I APPROM AS 10 FORM nrt A � un UrKW ptwlrra u,rOrM ^, 0 CE ri or R QX:N) C. CM 'T.IUCTM; .%•:D 1-oND I-ST!6%7C E...lC-.l.%C:C!":;7. MVIT FEE ;C';-DU- (.t ... In to "Imprctor's Sep ") DATE: Sept~. 1981 ?EMIT no. L S i 4 rii• w.ssnc.Pm figsi city Dts.iog :;..% 433 "OTC: Dots so, t.,I.de fef for oi"o; t nest CONSTRMI& MST F3TM%Tt ITDI ot.A.-'; rM-,- 1..I� I F. 479 F. 6. QQ 2V4.06 r I1.11 I" C.Fl L. F. .%.r,. In,, (sim in) L. r. I" P.C.C. glAc,stic Dtil-e Ann,..,rh t ?.i. . Crft44 Cotter "o =7 _3 1. Itt'.1 4 C.Y. 1.50 667 gn t1l.rt.d Emban.,..t -erne lcn of snefrac S.F. -15 • A.C. i �xlor L300 tons I E, IN I 1-0.1 'n non con ., I Tug dl. too '.) 1 1—d., son ­1 5b. 4 1 1.1N 60.6J DO ?,Ilh A.C. (rrolch) o; 'diolt Slot r_o. to Ctld. I I CA. 1—,"' 1, V14 1 In ClId. A. I FA 0.,0 1 lej.00 off III oil if fill Cry:STVUCTIO.'l COST 11 .. no CONT,I::GE:,CV COSTS 1_739.29 ToT.J. CONVIRVMON COSTS 13,677.19 rAMIPUL PFV!l'rMA:XF, M41 (106'4 13 ,6011.00 T.WR AND )0'41 (50%1 6 FO,).Ol U:V!l:TI0N r-.J . ......... : !; r)::p (C%H n u IMPROVEMENT SECURITY INSTRUMENT for THIS AGREEMENT, made and entered into 01S —y da of S 19$3, by and between sa.• .4.w. dtci_MP (r�� y ♦ /1N #_, hereinafter ref e rhee to i - "Len er ^, Ina F.i eu A,N saa/ S4 hereinafter referred to as 'Borrower ", and E C TT�iRANCH AMOYGd, CAL IFOR 0.'f A. hereinafter referred to as 'City', provides as follows: WITNESSETN: WHERFAs, Lender Is a is none l al institution subject to regulation by the state of federal government within the meaning of California Government Cade Section 66499(a)(3); and WHEREAS, from the proceeds of a loan fro, Lender to Borrower. Lender has on deposit for the account of Borrower, the sum of '��a i�/Daa(u.Yq Fv ua. /f u.v9Req hey /arts two - thirds (213) o win %n sea lion n s.itute and be ret erred to as "the performance fund" and the other One -third (1/3) of which shall constitute and be referred to as the 'payment fun.^ and WHEREAS. Borrower has entered Into an Agreement, herein. after referred to as "the Agreement ", with the City whereby Borrower, agrees to install and complete certain des 7�9qna t Public improvements, which said Agreement dated SgA,, b'S6 19 9'3 and identified as referring to Pr eject y f s-1T ereby referred to and made a pert hereof. • NOW, THEREFORE, in cons ide sjj..,,l on o1 the Wty giving final final approval to the Project known as /�aGiI,liL 7F and authorizing the recordation of any tract dr parcel pertaining therein, tenter and Borrower agrees: 1. The performance fund is secure tv pledged to the City to insure that Borrower, its heirs, successor,, executors and administrators, shall In all things stand to and abide by, and w III and truly keep and perform the covenants, conditions and provisoes Of the Agreement and any alteration thereof made as therein provided, on Borrower's part to be kept and performed atthe time and in the manner therein and in all respects according to its true and IawfuI meaning, and to insure that Borrower, Its he lrs, SY CCeSsors, executors and administrators, shall indemnify and save harmless City, its officers, agents and employees as stipulated in the Agreement, 2. Lender shall disburse the performance fund to the City In Such anoints as the City demands, promptly upon receipt of written demands signed by the City Engineer of the City, and specifying therein that Borrower is in default. under the Agree. ment or this Agreement. 3. in the event City c ... elites legal action to recover all or any portion of the performanre fund, then the City shall be entitled to recover, In d,ditinr to the amount of the oarfor- manre fund, Costs and 1ed5011blo expenses and fees, Including "Asonsbin attornry's fees. A 4, Lender and Borrower agree. that the pavment fund is security plegrd for the payment of all Contractors, suhcool, ict.irs, lahorert, material,,, and other persons employed in the nrrinrmin Cn of the Agrw•ment and ehn are referred to T it In 15 ( ce -isonr in, .,in Sect inn 3031) of Part 4 of Division 13 of the Cl vt 1, Co Hr of the Slate Of C111fornla for materials furol ynrd er Iibnr performed of any kind, ur amounts Joe under the pm`mployment Insurance Act with re SP,ct to such work or labor, and that L,•nder will pay the s,lme in an amount not esceed- Ing the payment fond, and in case Sul to is brought w111 pay, in r c} r_ U addition t0 the payment f no, costs and reasonable expenses and by: Fra<a t1, N�:sd,y sic. fees, including attorney's fees. ate' 5. This Agreement and the payment fund shall insure t0 the benefit of any and all persons, compam i ea aoa cornoratiell e entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Agreement or against the payment fund, The City of Rancho Cucamonga, 6. No change, extension of time, alteration or addition to the terms of the Agreement or to the work to be perf or -idl and agrees: thereunder or the Specifications accompanying the same shat: in any wise affect " " Agreement or Lender and Borrower's obliga- tions hereunder, and they do hereby waive notice of any such and acceptance of the required change, extension of time, alteration or addition to the terms of work, and the performance of all the ggreeme nt or to the work or to the specification. This Agreement shall become Nfective upon acceptance by the City and perfnrmance fund not Claimed by shall remain in fuli force and effect until such time as the City the City in accordance with the ;hall release the performance fund and payment fund as ereinaf ter provided, 14 WITNESS WHEREOF, Lender and Borrower have executed at security for cost, and his Agreement on the day and year first above written. rnasonable expenses and fees of the City, including reasonable HOER: k of Amer tea NT 6 SA . • 2. Six (6) months after the completion and acceptance x 607 intN one e of the required work, City will ratty, alifornta 92311 _Manager • - -iii t—Te total of all claim, on which an WER: by: Fra<a t1, N�:sd,y sic. ate' rva�� e itTTe -Tl The City of Rancho Cucamonga, California, hereby accepts the feregoing Improvement Security Instrument and agrees: 1. Upon final completion and acceptance of the required work, and the performance of all acts specified in the Agreement, City will release any part of the perfnrmance fund not Claimed by the City in accordance with the above provisions, not needed as security deemed necessary by the City for any guarantee or t warranty Der l ad or not needed at security for cost, and rnasonable expenses and fees of the City, including reasonable attorney't fees. • 2. Six (6) months after the completion and acceptance of the required work, City will release the payment fund except Sur, Part thereof as equals the total of all claim, on which an Lctiir his Jeer filed and notice thereof given in welt ing to the City COueCll of the city. CITY OF RANCHO CUCAMONGA, a *unicipnl corpnra[ion by' Nu vn nrtlsr: f C ty Clerk ° c oUc �E ¢o� u'u N -- 01 u�- a- u N Q_- ¢ - a_3 4 Vi P, P.O. BOX X1003 SAN DIEGO, CA 92112 Date JULY 13, 1983 IRREVOCABLE All drafts must be marked Advising bank reference no STANDBY LETTER OF CREDIT Drawn Under sank m America SDSD -12061 I Advising bark For account of FRED A. NELSON, JR. 6579 14ESADA I RANCHO CUCAIONGA, CA 91701 To benebcmry Amount CITY OF RANCHO CUCAJONGA U.S313,600.00 (THIRTEEN THOUSAND SIX 9320 BASELINE ROAD HUNDRED AND NOP OO UNITED STATES DOLLARS) RANCHO CUCAIONGA, CA 91701 Expratron date Ga!V lemon ❑ refers to cable ativlCP, of th15 Cretllt. I We h ^reby 9slnbllsb our Irrevocable letter of credit In your favor available by your tlra!IS drawn at ____ vail ble by your drawn ____ _SIGHT - I nn us and rib CCn1V by documents Speal/letl helow LETTER SIGNED BY CITY ENGINEER OF RANCHO CUCAIOHGA STAT114G THAT FRED A. NELSON, JR. IS IN DEFAULT UNDER. THE AGREEMENT DATED JULY 8, 1983. COVERING I1IPROVEIIENTS ON PROPERTY XNONN AS PARCEL MAP 16051, RANCHO CUCAIONGA AS PER THE AGREEMENT DATED JULY 8, 1983. I I i I • !.. nr nyr n, —_ —_ .n It ;II Pla 11 'If n b r anq �" Agr�ein ban. s mrhhr aLOn 0 I"I "a•rt ,. r s nl I 1'I '. b' IL,I'r m,r. ,r nil drnnn arrrl IP r , I.I,rrv..11 .II PI "., n.. +r u I tvdorn F,n I•rplralon I If^ �r n '. ,Ir,til jrnfn•nly yplu[ / AUlhomed counVrt signal Authgrrl s,Un,,,r! _ �— Place. dale, nam =and slgrature of the advl Sing bank "I r rm,.rl 0 • 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician ��MONc �i T u I> 1977 SUBJECT: Acceptance of Parcel Map 7349 and Bonds and Agreement submitted by Lewis Development Company and located on the `north side of 4th Street, east Route 15 Freeway Parcel Map 7349 was approved by Planning Commission on May 22, 1983 for the division of 20.45 acres of land into 8 parcels within. the General Industrial Area (Subarea 14). A request for a revision of Condition No. 48 of the City Engineer's Report was approved by Planning Commission on June 22, 1983. The revision allows for the formation of Landscape Maintenance District No. 3 in place of the C.C. &R.s. A resolution setting the Public Hearing for October 5, 1983 for Landscape Maintenance District No. 3 is on tonight's agenda. Lewis Development Company, developer, has submitted bonds and agreement to guarantee the construction of off -site improvements in the following amounts: Faithful Performance Bond: $240,000.00 Labor and Material Bond: $120,000.00 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 7349 and accepting the bonds and agreement if Landscape Maintenance District No. 3 is approved. Respectfully submitted, L8H:QY.fjaa /\T Attachments t 7, O� \1' \11p1n CITY OP RANCI10 CUCANIONGA -`- 73 ENGINEERING DIVISION VICINITY NIAP 0 AP -`- 73 RESOLUTION D • A RESOLUTION OF THE CITY COUNCIL CUCAMONGA, CALIFORNIA, APPROVING (TENTATIVE PARCEL MAP N0. 7349), AND IMPROVEMENT SECURITY 0. OF THE CITY OF RANCHO PARCEL MAP NO. 7349, IMPROVEMENT AGREEMENT, WHEREAS, Tentative Parcel Map No. 7349, submitted by Lewis Development Company, Subdivider, and consisting of 8 parcels, located on the north side of 4th Street, east of Rt. I -15 Freeway, being a division of a portion of the west 1/2 of lots 81 to 88, Map of Rochester, recorded in Book 9 of Maps, page 20 was approved by the Planninn Commission as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 7349 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdivider submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: is 1. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 7349 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: NOES: " ABSENT: Jon D. Nikels, Mayor 0 ATTEST: Lauren M. Wasserman, City Clerk 0 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR W.aC F'. MAP 7349 KNOW ALL MEN BY THESE PRESENTS; That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, Cal ifnnii a, a municipal corporation, by and between said City, hereinafter referred to as the City, and uwis Hoes of California hereina�r m referred to as [he eve apex, WITNESSETH THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivi sign k awn as Parcel Map 7349 ; and WHEREAS. safd City has established certain red., Cements to be met by said Developer as prereaulsite to approval of said subdivision generally located at N„eah aides of 4th Street. NON, THEREFORE, it is hereby agreed by said City and by said Developer as follows: I. The Developer hereby agrees to construct at Developer's exVensc all improvements described on Page 6 here- of within twelve months from the effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreement shall be in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitt.J to the City in writing not less than 30 days before the expiration date hereof, and shall Contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. if the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thnr ^upon recover from the Developer and /or his surety the full cost and expense incurred. S. The 9eveloper shall provide metered water service to each I i t of said do v e I o pine nt ' accordanr.e with the regulations, Schedules, ind fee; Of the Cucimanga County Nate, District. 6. The Dnvelnper shall be responsible. for replaCement, t tOn, or remavaI of any conp0 Runt of any irrigation water syst nm in coif l i c t with COnslrnction of rnoo4 rid improvements t0 the satisficlinn of LID, City Enginrdr and the nvm,r of such water Syitrm t /�. Tracts and Cum /Ind, P.M. n 7. Improvements repo fired to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in the office of the City rngineer. Said improvements are tabulated an the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construc- tion of aiy transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or ommissions discovered during constructin shall be corrected upon the direction of the City Engineer, oevised work due to said plan modifications shall be covered by the prov:si ons of this agreement and secured by the surety covering the original planned works. B. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control or dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 9, The Developer shall be responsible for removal of ail loose rocks and other debris from public rights- of-way within or adjoining said development resulting from work relative to said development. 10. Mork done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from in a* Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the streets and easements in said subidivis ion, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or Mnnerous ronditinnr. Until the completion of all improvements, herein incorporated on Page 6 , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. ii. Parkway trees required to be planted ah a 11 be planted by the Developer after other improvement work, grad, ng and cleanup has been comp le led. Planting shall be done as pray, ded by Ord, nano, in accordance with the pl and ing diagram approved by the City Community Development Di +ec tor. The O,, vP. loper tIM1 a 11 be responsible for na, of a in, n all ;t roes pl ant PA i n gnod health u t,l the and of the guaranteed maintOndbcn period, or for one year after plant, n9, wh,chover ,s later, 17, The Developer is reSpanS,ble for n,ltinq all cold,. lions Pstabl,Shed by the City pursuant to the Subd,v,sion _Z_ • 0 Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance Ly the City, and no improvement Security provided hereinwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security herein After described has been released by the City, or until a mew agreement together with the required improvement security bas been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. l5. The improvement security to be furnished by the Developer with this agreement shall Consist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful Performance of this agreement. 1. A bond or bonds by one or more duly authorized Corporate Sureties in the form and Content specified by Government ''ode Section 66499.1. 2. An improvement Security instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. B. To secure laborers and materialmen; 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content . specified by Government Code Section 66499,1, 2. Am Improvement Security Instrument in the form and content specified by the City Attornez, 3. A deposit with City of money on negotiable bonds r, the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer to the engineer or Surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline e notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein, Said Cash deposit may be refunded as soon as probe• dure permits after receipt by the City of the Cent of line tie note, and written assurance Of Payment in full from the engineer or surveyor. D. The often i red bonds and the principal amour t thereof are sot forth on page 6 of this agreement, 16. The Of ve lr per .,wants that the imp env ements Arse flood in this agroe,pnt <hall be from from defects in materials and Xc,k.an,h,p. Any and all Portions of the imPrnvr- ments fop rd to be do or t iVe within one (l) year following the data on which the improvements are dCCCVtrd by the City shall he repaired or rrpl.,,! by Oeveloper free of all charges to the City. The Developer shall furnish a ^aintendnce guarantee security in a ,um equal to ten perrent (10%) of the construction x n estimate or 5100.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this para- graph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to de Specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is othe rw Ise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone di racily or indirectly employed by said persons, even though such damages be not caused by the negligence of the Develop, or any contractor or Subcontractor or anyone employed by -said persons. The public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death liability limits of not less the $300,000 for each person and 51,000,000 for each • accident or occurrence, and property damage Iiabil - fty limits of not less than S100,000 for each ace, dent or occurrence with an aggregate limit of 5250,000 for claims which may arise from the opera- tions of the Developer in the performance of the work herein provided. 8. Automobile liahility insurance covering all vehicles used l n the performance of this agreement providing bodily injury liability limits of not less than 5200,000 for each person and 5300,000 for each accident or occurrence, and property damage li ablli ty limi is of not less than 550,000 for each accident or occurrence, with an aggregate of not less than 5100,000 which may arise from the opera. tions of the Developer or his Contractor in performing the work provided for herein. is. That before the cannot ion of this agreement, the Developer shall file with the City a 'er of icate or certificates of Insurance covering the spec if,ed Insurance. Each such certificate shall bear an endorsement precluding the canrrl let ions, or reduction in coveraam of any policy evidences by such Certificate, before the aepirat no of thirty (30) days after the City shall have received notification by registered mall from the insurance carrier. As evidence of understanding the prnvlsinns contained herein, and of intent Lo c,p 1 with son^, Lhe Suhdi e der has Submitted the f of Ioi, u & sC r, bed imprnvemont sec u I ty, end has a f f l.ed his signature her elm -A- 0 . 1, 1 11 FAITHFUL PERFORMANCE Type: Principal Amount: $240,800 Name alid address of surety: Developer's Insurance Caara, • MATERIAL 3A AND LABOR PAYMENT ca 92e01 Type: Principal A... or: $220,400 Name and address of Surety: pavel Opae's insurance Company 333 Wilshire. Mahelm, CA 92801 CASH DEPOSIT MONUMENTATION Type' Principal Amount: S 1,600 Name and address of Surety: MAINTENANCE GUARANTEE Type' Principal Amount: 24,000.DD Name and address of surety: Developer's Ineurance company 333 Wilshire, Anaheim, CA 92801 TO BE POSTED PRIOR TO ACCEPTANCE By THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged With all formalities required by law an the da[ set forth opposite their signatures. • Ishii. Maros f tifornia o Date _August ]4, 1981 e y M Developer ai A Ag atu re Rich ard A, Lev is IN+EEI%alD rT4 4ted Date by —' ,Developer Ign aT cure rime Accepted: City of Rancho Cucamonga, California A Municipal Corporation By' Mayor Attest: _ —'- / _ s Approved: DEVELOPER'S SIGNATURE MUST BE NOtARIZED �5- • -Snor CITY OF RANCHO CUCAMONGA • CONSTRUCTION ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For Improvement Of: PARCEL MAP 7379 Date: 3/83 omPUted Oy: C -- File Re erenc e: pJy, + City Ong. No. NOTE; Does vet include current fee For writing permit w pavement deposits. CONSTRUCTION COST ESTIMATE ITEM V N Y UNIT UNIT COST S AOOUYT L.F. P.C.C. Curb - 12" C.F. 6.00 P.L.L. Curb - 8" C.F. 3,871 P.C.C. Curb only 6" C.F. 546 A.C. Serve (S200 min.) 21SD 4" P.C.L. Sidewalk 312 6" Drive Approach 255 B. P.C.C. Cross Gutter 0.15 Street Excavation 6,000 Imported Embankment 90,176 Preparation of Subgrade 3,720 11,425 Crushed Aggregate Base (per In. thick) 2.268 A.C. (over 1300 tons) 40.00 A.C. (900 to 1300 tons) 30" RCP (1500 0) 17' A.C. (under SOD to goo tons) EA, A.C. (under $00 tons) 4,000 Patch A.C. (trench) 1 1" thick A.C. Overlay 1,000.00 Adjust sewer manhole to grade 11 Adjust sewer clean out to grade EA. Adjust water valves to grade SC Street Lights E Street Signs ' L.F. 6.00 23,226 S.F. 1.75 546 S.F. 21SD 638 C.Y. 1.50 91000 S.F. 0.15 13,572 TON 30.00 68,040 EA. 250.00 2,750 EA. 75.00 750 EA. 1,500.00 12,000 EA. 200.00 400 Street Trees 2" x 4' Redwood Header 668 L.F. 1.75 3.30 ..569 60 Removal of P.C.C. Curb 1B 435 L.F. S.F. 2.06 896 Gun ite Lining 3" Thick G,,nitc Lining !" Thick 12,772 S.F. 2.75 35,123 6- High Chain Link Fence 1,210 L.F. 3.00 25.00 3,720 11,425 18" RCP (1500 D) 457 312 L.F. L.F. 40.00 12,480 30" RCP (1500 0) 17' 1 EA, 6,000.00 4,000 Catch Basin w + Local oepression 23' 1 EA. 1,000.00 1,000 outlet Structure Std. 517 2 EA. 1,500.00 3.00 31000 5,637 B" A.C. Berm 1,879 L.F. (SEE ATTACHED) CONSTRUCTION COST 5218 893 CONTINGENCY COSTS 521.890 TOTAL CONSTRUCTION $240 783 FAITHFUL PERFORMANCE SURETY (100 %) LABOR AN0 MAfLRIAL SECURITY (SOX) _ $120.400 1 ENGINEERING INSPECTION FEE $ 9,381 MUNV"IENTATION SURETY (CASH) S 1.600 -6. • 0 ' ESTIMATE OF COST PARCEL MAP 7349 3' cone. Gutter 31911 S.F. 3.15 9,461 • r 1 r-" ^ a I BcMD W. 106421 —� PHFMIIM: $1,445.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and Levis iumem of California (hereinafter designated as " principal", nave entered into am agreement whereby principal agrees to install and Complete certain designated putt is Improvements, which said agreement, dated Aunumit 14 1983 , and identified as project arcs Mao is 'nereby referred to and made a part hereot;and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, m THEREFORE, we the pri or ipal and oevmleper'm murance Company as surety, are held and firmly bound untc the City —07, Rd n=, n 0 Cucamonga (hereinafter called "City'), in the derail Sum of Two - Hundred Forty Thousand Eight Hundred and no /100-------------- •--- DoTTars 0, aw a I money or Ire Un,ied at_t a, air the payment Of which sum well and truly to pe made, we bind ourselves, our IN I r2, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obl igition is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to znd abide by, and well and truly keep and oerform the covenants, conditions and • provisions in the said agreement and any alteration thereof Tads as therein pr nvi de d, on his or their part, to be kept and performed at the time and in the manner there,, specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City• its officers, agents and employ e S, as therein stipulated, then this obi is at l on Shall become null and void; otherwise, it Shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount Specified therefor, there SIN01 be included casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrgns that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the speci- fications accompanying the same .mall in anywise affect its Obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the pr,nr,pal and surety above Tamed, on Augunt 34 , 1981. of call rnrn is (I1pve�n Or1 - AUTHORIZED AGEAR riFVtln ^ran msaRVWAS `YyTANY �Ow -2 y i i I' forme y•,n -pact S tetirin A. Samola PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED { 9@Ia M. 106431 -A PREMill I,vb= • LABOR AND MATCRIAL MEN BONN WHEREAS, the City Council of the City of Rancho Cud 3monga, State of California, and a.ev_a Homes of calaf0ania (hereinafter designated as "principal" — h ave eGterep into a0 agreement whereby principal agrees to install and complete certain, designated pub]rt improvements, which said agreement, dated August 34 198 3 , and identified as project is hereby -marred t0 and mace a part herald and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho _dumonga to seCUre the claims to which reference is made in Title 15 (commencing with Section 30821 of Part 4 of Division 3 of the Civil Code of the State of California. • Should the condition of this bond be fully Performed, then this obi tuati on shall become null and void, otherw Ise at she 11 be 's and remain in full force and effect. 41 The surety hereby stipulates and agrees that no change, extension of time, alt -ration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here- by waive not Ice of any such change, extension, a'teration or addition. IN W1T41­4g 'AWtofn[ trument has been duly exeruted by the principal and surety ahove named, on �tigggt 'a _ 198 3 taro Ili ne!-n('Ce li (nro i; NOW, THEREFORE, said principal and the undersioned as a —�> vrT5oer1 corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, AVTMONIIttl ikEtP materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Ool tars ($ 120,400.00), for mater ass rurnisn d or :sop n_r ph of- any kind, or for amounts due under the Bnemaloyment Insureare art with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also In case suit is brought upon this bond •:ill pay in addition to the face amount thereof, costs and reas onap le expenses and fees, including reasonable attorney's fees, ineu­ed by City in successfully enforcing s,ah obiiget!on, to be awarded and fixed by the court, and to be taxed as costs and to be included in the Judgment therein rendered. • It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 1082) of Part 4 of Oivison 3 of the Civil Code, so as to give a right of aCtiol, to them or their assigns in any suit brought upon this bond. • Should the condition of this bond be fully Performed, then this obi tuati on shall become null and void, otherw Ise at she 11 be 's and remain in full force and effect. 41 The surety hereby stipulates and agrees that no change, extension of time, alt -ration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here- by waive not Ice of any such change, extension, a'teration or addition. IN W1T41­4g 'AWtofn[ trument has been duly exeruted by the principal and surety ahove named, on �tigggt 'a _ 198 3 taro Ili ne!-n('Ce li (nro i; RYt14PLRZ 1tSLtVd'IC:1 <TaTAV1 —�> vrT5oer1 ISw'ctY a" �— AVTMONIIttl ikEtP Stodirn A. Spa:molo PLEASE ATTACII POWER OF ATTORNEY TO ALL BONDS SI011AtURES MUST BE NOTARIZED 0 U CITY OF RANCHO CUCAMONGA MEMORANDUM 1977 DATE: August 16, 1983 TO: Harry Empey, Finance Director FROM: Gary W. Richards, Code Enforcement Officer A(v SUBJECT: Release of Subdivision Sign Bonds For Jones Company.TR 9305/ RC -012 Work for the following tract has been completed and the garantee bond is hereby authorized by the Planning Depart- ment for release to: General Outdoor Advertising 5154 Rivergrade Road Baldwin Park, California 91706 AMOUNT PURPOSE/ TRACT NO. LOT NO. OF BOND CASE NO. LOCATION 9305 17 $500 70 -20 -400 Sign Bond for Subdivision Sign Located on Lot 17 -- Tract 9305 Thank you for your assistance; if you have any questions regarding this bond release, please call. GWR /vz (1.1 E • RESOLUTION NO. G A RESOLUTION OF THE CITY COUNCTI, OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING A LOAN TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY. WHEREAS, the City Council, in accordance with the provisions of the California Community Redevelopment Law, has created a Redevelopment agency Administrative Fund for the purpose of accoun.ing for administrative expenses of the Rancho Cucamonga Redevelopment Agency and funds advance therefore by the City Council; and WHEREAS, the City Council from time to time desires to loan funds to the Rancho Cucamonga Redevelopment Agency NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: Section 1 : That an initial loan of $1,500,000 is hereby appropriated frcm Reserves to the Rancho Cucamonga Redevelopment • Agency Administrative Fund for administrative coats as they apply to the Rancho Cucamonga Redevelopment Agency in accordance the Agency's approved fiscal budget. Section 2 : That as increment is received by the Agency, said increment shall be used to pay off loans from the City of Rancho Cucamonga. Section 3 : That additional loans as required, shall be made to the Agency inorder that increment received by the Agency shall be replaced by loan proceeds. Section 4 : An annual interest rate of 12% will be assessed to the Redevelopment Agency to be paid to the General Fund Reserves each thirty days. PASSED, APPROVED and ADOPTED this 7th day of September, 1983 AYES: t NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Lauren M.Wassermin, City Clerk "I l 0 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 U U LL TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Nooks Engineer SUBJECT: Acceptance of Agreement for professional construction services for Victoria Planned Community by Hotch Bedrosian, owner of Runmar Enterprises Referring to the attached memos, the Engineering Division proposes to hire contract inspection services in order to meet current inspection demands. Notch Bedrosian of Runmar Enterprises, has submitted a proposal to provide inspection services of off -site improvements for the Victoria Planned Commu- nity Project, see attached Agreement. Mr. Bedrosian provided professional inspection services at the lowest possi- ble rates for the Industrial Assessment District 82 -1. RECOMMENDATION Staff recommends that City Council approve the Agreement and the Mayor execute the Agreement with Runmar Enterprises to provide inspection services as indi- cated. Respectfully submitted, Attachment • 9 CITY OF RANCHO CUCAMON GA MEMORANDUM DATE: August 12, 1983 TO: Lauren Wasserman, City Manager FROM: Jack Lam, AICP, Director of Community Development SUNECT: CONSTRUCTION INSPECTION NEEDS As you know, the pace of private construction is increasing tremen- dously in all areas of land use. As residential projects are attain- ing their "white reports ", more and more starts are occurring. We Presently have nearly 500 dwelling starts as of the date of this memo. The current building inspection staff is only geared for an inspection Workload of approximately 450 units per year with the balance of com- mercial and industrial. Adding to the increase in overall need is the funding of the William Lyon Company Title 10 loan. Staking is in progress for the first village and under the terns of the loan, con- struction must begin on the project by August 19, By that date, the William Lyon Company will begin public improvements in excess of $20 million. Such an improvement project is twice as long and as larnp as the largest construction project inspected by the City to date, the Industrial Assessment District 82 -1. These public improve- ments will include streets, utilities and massive cast -in -place storm drains and railroad bridging. At least one public works inspector is necessary immediately as the project begins and another when the project progresses. The amount of construction inspection for this project alone is twice as much as most cities have in an entire year. WilliamLyon Company will begin several hundred homes this Fall. Further, Lewis Homes plan to begin several hundred units this year. These figures are rea- sonable since the Mortuage Bond money must be utilized as we are currently beginning the process for a second bond ia,ue. Construc- tion outside the planned communities is exerting just as much demand. The requirements for building inspection services will be at least double its current demand by this Fall tnerefore requiring additional building inspection services. As you know, our staff has always maintained a "lean and mead' phi - losi:hy, as an example, the City of Ontario currently has exactly , double the number of building inspectors and public works inspectors and is Planning to hire more as their construction is also picking up. Our rate of construction currently exceeds that of Ontario. /11 August 12, 1983 Construction Inspection Needs Page Two • Accoi. :ponying the increase in construction is the increased collection of permit fees, for instance, within weeks the City will receive ap- proximately 5450,000 in public works inspection fees alone to cover the cost of inspection and office work for Victoria's first village. Building permit fees will be additional. While I am respectful of the budgetary uncertainties in Sacramento, I would not be a responsible manager if I do not advise the Council of what faces us this Fall when inspection needs will outstrip our ability to respond. The current construction already absorbs our pre- sent inspection staff. Based upon current trends we have already ex- ceeded last month's estimate of construction valuation for this calendar year from $100,000,000 to 5150,000,000 since we broke $100,000,000 in July without any planned communities permits. The Community Development Department is also fee based, that is services must be related to fees. If our services do not reasonably accommodate private construction needs and yet fee revenues grow, the City risks having to return excess development fees. We will be in that position by Fall. The work is here and the fees are here. Please . advise on this most difficult and sensitive issue. O" K LAM, —AICP ' Community Devi) pment Director JL:jk cc: Lloyd Hubbs, City Engineer Jerry Grant, Building Official • (� (I • 9 ..aa a va ..r ......... .. ..........,...... n4W,--- MEMORA NDUM August 15, 1983 V> 1977 To: city council /J FRV: Lauren M. Wasserman hV Cw-t -✓ City Manager �/ ' SUBJECT: Temporary Construction Inspection Help Jack has outlined a problem which we knew we would have, particularly at the point when the two planned communities begin construction activities. We simply cannot provide inspection services to these two major developments using existing personnel. It is recommended that in lieu of full time employees, we contrart for these inspection services until the services are no longer required. A portion of fees collected have been earmarked for inspection, services. (Fees exceed costs by a substantial margin). Unless we hear otherwise from the Council, we will plan to hire contract services to accomplish the inspection for public works projects. This will be handled in a manner similar to plan check services and no Council action is required. Please contact me if you have questions or would like additional informa- tion. LM.l: baa cc: .lack Lam Harry Empey attach. n AGREEMENT . THIS AGREEMENT is made and entered into this day of 1983 by and between the CITY OF RANCHO CUCAMONGA, hereinafter referred to as CITY and Hotch Bedrosian doing business as RUNMAR ENTERPRISES with the principal place of business at 7 Park Vista, Irvine, California 92714, hereinafter referred to as CONTRACTOR. WHEREAS, CITY is involved in the Victoria Planned Community develcpment which requires professsional construction inspection services; and WHEREAS, CITY desires to obtain the services of an experienced and qualified contractor to provide professional construction inspection services in the area of storm drain construction and street improvement construction; and WHEREAS, CONTRACTOR represents itself as qualified and capable of • rendering the required services; NOW, THEREFORE in consideration of the premises, the parties hereto agrees as follows: ARTICLE I: SCOPE OF SERVICES CONTRACTOR agraes to provide technical services as requested by CITY for inspection of a public works construction project. Such services may include: a, Professional inspection of storm drain construction and street improvement construction; b. Preparation and maintenance of field records, diaries and as- built notations on project plans; C. Preparation of material samples for testing; -1- 0 �n • d. Preparation of weekly and monthly progress reports; and e Completion of related work as requested by the CITY. ARTICLE It: DUTIES OF CITY CITY agrees to provide CONTRACTOR with such information as is possessed by CITY and is normally supplied to contractors performing such services. ARTICLE III: COMPENSATION CITY agrees to pay CONTRACTOR for services faithfully rendered hereunder. Such payment shall be made at the rate of $25.00 per hour for the principal inspector and $20.00 per hour for an assistant inspector, based upon the number of hours actually spent on inspection and related duties, excluding • travel time to and from the construction site. CITY agrees to compensate CONTRACTOR for a minimum of four hours (tlnn) for each day the inspection work is performed by CONTRACTOR pursuant to this Agreement. 10 Upon prior approval by CITY, CONTRACTOR may be reimbursed for out -of- pocket expenses incurred in the performance of this Agreement. CITY and CONTRACTOR agree with regard to any such reimbursement as follows: a. CONTRACTOR shall not be entitled to reimbursement for any costs of transportation, insurance, taxes or other benefits. ARTICLE IV: PERSONNEL CONTRACTOR agrees that Mr. Hotch Bedrosian shall he responsible for providing the services to be performed by CONTRACTOR pursuant to this Agreement. -2- 0 ARTICLE V: NO AGENCY RELATIONSHIP No Agency relationship between CITY and CONTRACTOR is intended or created by this Agreement. CONTRACTOR is not authorized and shall not at any time or in any manner represent that it is an agent, service, or employee of CITY, it being expressely understood that CONTRACTOR is an at all times shall remain a wholy independent contractor. ARTICLE VI: TIME OF PERFORMANCE CONTRACTOR shall be available for performance of Scope of Services as of the effective date of this Agreement an entered above and continue to perform such services for a minimum of 12 months from said date or until the project is completed. CONTRACTOR'S services shall be provided upon CITY'S request and completed in such sequences as to assure expeditious completion of • the public works construction projects to which CONTRACTOR is assigned. ARTICLE VII: TERMINATION This Agreement shall terminate on or upon completion of the Scope of Services described in Article I or earlier at the CITY'S option, provided that CITY shall give CONTRACTOR ten days written notice of such termination. In the event of termination by CITY, CONTRACTOR shall deliver to CITY all documents, files and records pertaining to any work which may be in progress and CITY shall pay to CONTRACTOR all sums due to the date of termination. ARTICLE VIII: NOTICES Any notice given pursuant to this Agreement shall be deemed received and effective when properly addressed, posted and deposited in the United States Mail addressed to the respective parties as follows: -3- • • CITY: 9320 Base Line Road P. 0. Box 807 Rancho Cucamonga, CA 91730 CONTRACTOR: 7 Park Vista Irvine, CA 92714 ARTICLE IX: NON- ASSIGNABILITY CONTRACTOR shall not assign any interest in this Agreement and shall not transfer any interest in the same without prior written approval of CITY. ARTICLE X: EQUAL EMPLOYMENT OPPORTUNTY CONTRACTOR agrees that during the performance of this Agreement, it will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age or national origin. • ARTICLE XI: AMENDMENTS AND MODIFICATIONS No change, amendment or modification to this Agreement shall be effective unless in writing and signed by the parties hereto. ARTICLE XII: ENTIRE AGREEMENT This agreement and any agreement, document or instrument attached hereto or referred to herein, integrate all the terms and conditions mentioned herein or incidental hereto, and supersede all oral negotiations and prior writings with respect with the subject matter hereof. In the event of any conflict between the terms, conditions and provisions of this Agreement any such agreement, document or instrument, the terms, conditions and provisions of the Agreement shall prevail. 41 -4- jb�? 4 ARTICLE XIII: APPLICABLE LAW • This agreement shall be governed by and construed under the laws of the State of California. ARTICLE XIV: COUNTERPARTS This Agreement may be executed in as many counterparts as may be deemed convenient, each of which, when so executed, shall be original. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: Lauren M. Wasserman, City C er APPROVED AS TO FORM: City Attorney 5- RUNMAR ENTERPRISES to c e rosian, wne� • CITY OF RANCHO CUCAMONGA Jon Mikels, Mayor A • August 22, 1983 Mr. Monte Prescher City of Rancho Cucamonga 9320 C Baseline Road Rancho Cucamonga, CA 91730 Dear Mr. Prescher, As per our conversation on Thursday, August 11, 1983 I am pleased to submit this letter proposal to the City of Rancho Cucamonga to pro- vide professional Engineering Inspection Services for the Victoria Project and other City projects. As a Resident Engineering Inspector I will be responsible for field control and inspection of the contractor's activities with regard to compliance with plans, specifications, special provisions, and con- tract requirements for this project; and for the coordination of the activities of field lab services and any other special inspections that may need to be perfc ^ed. I will also be responsible to insure that proper materials and con - strurticn processes are used in the work; prepare material samples for testing, review and determine pay quantities for work performed as a • basis for monthly papmenta to the contractor, I will also record as- built construction data, project diary, weekly and monthly project re- Ports. I will provide, es an independent contractor, inspection for the com- p.et.ion of the construction of the Victoria Project for the City of Rancho Cucamonga. My fee for the services, based on a minimum eight, hour work day, will be calculated on the number of hours spent on inspection multiplied by the hourly rate of $25,00. Invoices will be submitted to the City of Hancho Cucamonga for verification and approval. Due to the sine and scope of this project it will be necessary to place another Inspector on the project for a period of nine months at the. rate of $20.00 Per hour, The upcominr Victoria Proj,;ct is an eighteen month project which consists of approxic.a'.ely 4,320 working hours of Inspeet.ien. This includes the secrnd Inspector for nine months as needed. This project should not exceed $1111,000 for Inspection services. My services include transportation, all Insurances, benefits and taxes, Pleare find attached a copy of a sample agreement. Ret,perh ,n rf . ll Y�o- _L ours, r!rosxan 7 Park Vista Irvine, CA 92714 (N� r� C7 7 The Army Corps of Engineers has requested some very minor word changes in the contract for Recreation Development at Cucamonga /Demens Channels. These changes in no way affect the contract itself, but are merely a bit of "housoteeping" with which the Corps feels they will be more comfortable. The first change is in the 6th "WHEREAS ", page 1. The word 'Government" (first sentence) has been deleted, as the City's agreement is with multiple pArties in acquiring rights of way, easements, etc. The second change is in Article 2, paragraph c, page 2. This is a minor word ehanne to define Exhibit "A ". HH /mw to(, A,1 VL11 Va 1"Aa�VaaV vv vail.lV ♦. Vaa CVV..,11� MEMORANDUM��' Date; September 1, 1983 _ L i To: City council and City Manager ig„ From: Bill Holley, Director, Community Services Department Subject: Minor Contract Modifications - Consent Calendar 9/1/83 The Army Corps of Engineers has requested some very minor word changes in the contract for Recreation Development at Cucamonga /Demens Channels. These changes in no way affect the contract itself, but are merely a bit of "housoteeping" with which the Corps feels they will be more comfortable. The first change is in the 6th "WHEREAS ", page 1. The word 'Government" (first sentence) has been deleted, as the City's agreement is with multiple pArties in acquiring rights of way, easements, etc. The second change is in Article 2, paragraph c, page 2. This is a minor word ehanne to define Exhibit "A ". HH /mw to(, A,1 • CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF RANCHO CUCAMONGA for RECREATION DEVELOPMENT at the CUCAMONGA CREEK AND DEMENS CREEK CHANNELS, SAN BERNARDINO COUNTY, CALIFORNIA THIS CONTRACT entered into this 20th day of July, by and between the UNITFD S'IATI'S OF AMERICA (hereinafter called the "Government "), represented by the Contracting Officer executing this Contract and CITY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter called the "City "). Wr7NHSSfTH THAT: WHEPEA.4, construction of the Cucamonga Creek and Denens Creek channels, ran B "rnardino County, California (hereinafter called the "Project ") was auih�rized by Act of Congress, Flood Control Act of 1968, Public Law 90 -483, 90th Congress, 2nd session, approved on 13 August, 1968; and W'IFRF.AS, recreational development at the project was authorized by Puhlia Law 543, 78th Congress, as amended and was included as a post • au r'noriza ti on change of 12 May, 7976; and WRFREAS, the City is authorized to administer project land and water anus for recreational purposes, and operate, maintain and replace facilities pr•:•1 c: ^d for such purposes and is empowered to contract for such purposes, and is -n:. • red to contract in these respects; and WHEC EA.9, the City has the authority and capability to arrange for the non- Frdoral coupxration required by the Federal legislation authorizing the r,•nreation foatpres of the project and by their applicable law; and WHF,REAS, the Government is authorized by Section 207 of the 1962 Flood ^, .tro1 Art, as amended, (16 O.S.C. 406 d) to make contracts with non - Federal bodies far developments management and administration of the recreation r.r;ourcos of Federal water resourcos projects; and wiii,p'•1n, thn City is required by separate, agreement to acquire use rig ?I r.; ill lands, easr•men LS, and riehls -of=day tv- ,.scary for the construction "I flor,i rnntrol foatures of tho project upon which the subject YerreAtr Vldl fnatnrns will 1151) he cOnitr•.Icterl; and wHCUF:AR, the recreational development at Federal nonreservoir water r.a uur rn:: :molects nhall h" in arconl.mce with the root- sharinq provisions in the 'r'n.!n sal water ResnnrCna Prnlert Rocr„ation Art of 1965 (Public Law 89 -72), N ^'d, TIIFREF'URR, the parties egroc as follows: -1- /' ') '1 ARTICLE 1 - DEFINITION OF TERMS. For the purpose of this contract certain • terms are defined as follows: a) First costs, used interchangeable with the terms "capital costs" and "project costs ", is the initial capital recreation cost of the project, including engineering, design and supervision, and administrative costs. b) Recreation lands: Project lands acquired primarily for recreational purposes, excluding lands needed for flood control or other Project purposes. c) Recreational facilities: Those facilities for recreation which may be installed pursuant to this agreement. ARTICLE _ LANDS AND FACILITIES. a) The City will secure use of any additional lands outside the boundary of the flood control features necessary for recreation, access, health and safety. h) The Governce.n.t agrees to design and construct the recreation features of the Project to provide for optimum enhancement of general recreation consistent with other authorized Project purposes. Details on lands and facilities necessary for such • enhancement will he shown in the Feature Design Memorandum. ci The Government, in cooperation with the City, will prepare a mutually acceptable Feature Design Memorandum which will depict and identify the types and quantities of facilities which the Government and the City will construct in accordance with this contract. The full cost of facilities to he so provided, is estimated at $570,000.00. The presently estimated cost of facilities to be provided is contained in Exhihit A entitled "Rstirtated Recreation First Costs" attached hereto and made a part hereof. Such estimate of facility cost is subject to reasonable adjustment as appropriate upon completion of ^onstniction and approval of the above- mentioned Feature Design M «morandum. d) The facilities shown in Exhihit A, an it may be adjusted in accordance with Paragraph c) above, shall be constructed jointly by the parties through mutually satisfactory diviaion of rpsponsihilitj for construction, which takes into account direct .ind indirect cost savings that may be gain -d by the parties in the public inb +rest For certain spoci Fir facilities, providrd) that, the far,ilities to he constructed by each party shall be formally agrcpd upon by th•• two parties prior to construction, wonsistrnt with the provisions of Article 3. rl Title to all lands anqu,red by or with Government assistance specifically to enhance the recreation potential of the project, and title to all recreation facilities constructed on such )ands, shall at all times be in the United Staten. -z' �n� Title to all lands acquired by or with Government assistance for other authorized project purposes, and title to all recreation • facilities constructed on such lands, shall at all times be in public ownership. f) The performance of any obligation or the expenditure of any funds by the Government under this contract is contingent upon Congress making the necessary appropriations and funds being allocated and made available for the work required hereunder. ARTICLF 3 - CONSIDERATION AND PAYMENT. Each party hereto will pay or contribute in kind fifty percent (50%) of the first separable costs of recreation development and fifty percent (50%) of the separable cost of future development. A) Initial Development. Fifty percent (50a) of the estimated separable first costs of initial recreation development is estimated to be $285,000.00. Before advertisement of the first construction contract hereunder and again before advertisement of each subsequent construction contract thereafter, the Government Contracting Officer shall calculate the estimated expenditure which the Government and the City shall have made through the end of such contract. If the total estimated expenditures by the government shall exceed those of the City, the City shall pay to the Government such sum as will equalize the expenditures of both parties before award of such contract in computing expenditures, there shall be considered, in • addition to cash expenditures, contributions in kind such as :and and facilities, at the fair market value thereof at the time r•r` land and facilities are provided by the City, which value shall not include enhancement due to the Project. upon completion of initial recreation development, an adjustment will be made on the basis of actual costs incurred. It is understood and agreed that the City's share of the cost of each construction contract shall he computed on the basis of actual costs to the Government of the work included in the Government construction contracts above and on the basis of unit prices in each Government contract and final quantities covering labor, materials, and equipment required for the work under each vernment's constructional, engineering and overhead expense and not on the basis of previous estimates. b) Future Development. Neither the Government nor the City is oL]ina red by Uu s contract to undertake any future recreation dnvlluprent of the project, except to the extend this contract may be so modified by future supplemental agreement signed by All parties and approved by the Secretary of the Army or his authorizer) representative. If at any time the City wishes to undertake further developnent of the facilities hereunder, it nay do so at its expense provided prior approval of the Contracting Officer is obtained, but the Government shall not be obligated to reimburse the City for any portion of such expense • in the ahsence of a ,upplo.mental agreement hereto as aforesaid. .g- i�7 • c) Other Federal Funds. No repayment credit of any kind whatsoever Will be allowed the City for expenditures financed by, involving, or consisting of, either in whole or in part, contributions or grants of assistance received from any Federal agency, except HUD block grants, in providing any lands or facilities for recreation enhancement hereunder. d) Adjustment to Reflect Costs. The dollar amounts see forth in this Article are based on the Government's best estimates, and are subject to adjust ;cents based on the costs actually incurred. Such estimates are not to be construed as representations of the total financial responsibilities of each of the parties. ARTICLE 4 - CONSTRUCTION AND OPERATION OF ADDITIONAL FACILITIES. Certain types of facilities including, but not necessarily limited to, reste,:rints, lodges, golf courses, cabins, clubhouses, overnight or vacaiion tyFe structures, stables, marinas, swimming pools, commissaries, chair- lifts, a.! such sir ,.lar revenue - producing facilities may be constructed by the City or thirl parties and may be operated by the City or third parties as conceasions. Any such construction and operation of these types of faciliti •.s 5 a;l he "rpatihle with all project purposes and shall be subject to the prior approval of the Contracting Officer. However, the City shall not r•cei yr credit for costs of such facilities against amounts due and payahle un.! ^r Article 3. e A ?PICLF 5 - Fr ES AND CHARGES. The City may assess and collect fees for ^ntrac n to developed recreation areas and for use of the recreation project and areas, in accordance with a fee schedule mutually agreed to by Yhv Governrent and the City. Not loss often than every fiae (5) years, said :w rti ^•; '.+ill review such schedule and upon the request of either, re- negotiate t'^.^ v-h e.l ale. The re- neqotiated fee schedule shall, upon written agreement „n,r ^t, by t'n2 parties, supersede prior schedules without the necessity of ..lyinq this contractaal document. ARTICLE. n - FEDERAL AND STA F. LAWS. a) In acting under its rights and obligations hereunder, the City agrees to comply with all applicable Federal and State laws and regulations, including by not limited to the provisions of the Davis.-Pacon Act (40 U.S.C. 276 a -a (7)); the Contract work House and Safety Standards Act (40 U.S.C, 327 -333); and part 3 of Title 29, Code of Federal Regulations, b) The City furnishes, as part of this contract, an assurance (Exhlhit H) that it will comply with Title VI of the Civil, vlghts Act of 1964 (78 Stat, 241, 42 U.S.C. 2000 d, et sec) and f^parr,wnt of Defense Directive 5500.11 issued pursuant thereto and puhlis'lcd ir. Part 300 of Title 32, Code of Federal Fegulations. The City agrees also that it will obtain such aavnrances from all its conces ,ionaires. r) The City furnishes, as part of this contract, its assurance that it will comply with Section 210 and 305 of the Uniform Relocation Assistance And Real Property Acquisition Policies Act of 1970 (Public Law 91 -646). -4. I; � ARTICLE 7 - OPERATION AND MAINTENANCE. The City shall provide for the • operations, maintenance and replacement without cost to the Government of all facilities developed to support project recreation opportunities. The City shall provide for the maintenance of all project lands, waters, and facilities to the satisfaction of the Contracting Officer. ARTICLE. Q - RELEASE OF CLAIMS. The Government and its officers and employees shall not be liable in any manner to the City for or on account of damage caused by the development, operation and maintenance of the recreation facilities of the Project. The City hereby releases the Government and agrees to hold it free and harmless and to indemnify it from all damages, claims or denaods that may result from development, operation and maintenance of the recreation areas and facilities. A ?TICL° 9 - TRANSFER OF A= SIGNMENT. The City shall not transfer or assign ti)is contract nor any rights acquired thereunder, nor grant any interest, privi'•:ge or license vAatsoevet in connection with this contract without the approval of the Secretary of the Army or his authorized representative except as provided in Article 6 of this contract. ARTICLE 10 - DEFAULT. In the event the City fails to meet any of its obiigntiens under this agreenent, the Government may terminate the whole or any part of this contract. The rights and remedies of the Government provided in Uis Article shall not be exclusive and are in addition to any other rights and re,viies provided by law or under this contract. APTICLF 11 - EXAMINATION OF RECORDS. The Government and the City shall • nai n'ain boo};,, � -ecords, documents, and other evidence pertaining to cost= and exeeus�• 1n-vrrP1 under this contract, to the extent and in such detail as will pr >ner:y reflect all net costs, direct and indirect, of labor, materials, equip: rent, supplies, and services and other costs and expenses of whatever nature involved herein. The Government and the City shall make available at their offices at reasonahle tines, the accounting records for inspection and audit by an authorized representative of the parties to this contract during the period this contract is in effect. ARTICLE; 12 - RELATIONSHIP OF PARTIES. The parties to this contract act in an inl�penient capacity in the performance of their respective functions under this contract and neither party is to be considered the officer, agent, or - mployee of the other. APTICLF 13 - INSPF!)TION. The Government shall at all times have. the right to ir, ;pc r.tiens concerning the operation and maintenance of the lands and fnr.ilitlry to he provided hereunder. ARTICLE 1.1 - OFFICIALS NOT TO PENEFIT. No member of or delegate to the Congress, or eesident Commi sinner, shall be admitted to any share or part of this centred, or to any benefit that may arise therefrom; hot this provision shall not. b, construed to extend to this contract if madp With a corporation for 1 t p,neral benefit. -5- • • IN WITNESS THEREOF, the parties hereto have executed this contract as of the day and year first above written. THE UNITED STATES OF AMERICA CITY OF RANCHO CUCAMONGA Cr By c Colonel, Corps of Engineers Mayor Pro Tem, tharJes J. Buqu Copra nding Contracting Officer City of Rancho Cucamonga Date Date 7-�1�F3 APPROVED: By Deputy Copra "der, ASACE Authorized Representative Secretary of the Army Da • 9 6 )17) ATTEST y /y BY� C Clerk et II APPROVED: By Deputy Copra "der, ASACE Authorized Representative Secretary of the Army Da • 9 6 )17) ATTEST y /y BY� C Clerk CERTIFICATION I, Rohert F. Dougherty, as Attorney for the City of Rancho Cucamonea, State of California, hereby certify that the foregoing agreenent executed by Jon D. Mik: ls, Mayor of the City of Rancho Cucamonga, is within the scope of his authority, and that in my capacity as Chief Legal Officer for the City of Rancho Cucamonga, I have considered thp legal effects of Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962 -56) and find that the City of Rancho Cucamonga, State of California, is legally and financially capable of entering into the contractual obligations obtained in the foregoing agreement and that, upon acceptance, it will be legally enforceable. Given under my hand, this f- day of(,i 1903. /or City Attorney City of Rancho Cucamonga I3 • . ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF CIVIL RIGHTS ACT OF 1964 City of Rancho Cucamonga (hereinafter called "Applicant - Recipient ") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -35) and all requirements imposed by or pursuant to the Department of Defense Directive 5500.11, December 28, 1964 issued pursuant to that title, to the end that, in accordance with title VI of that Act and the Di- ective, no person in the United States shall, on the ground of race, color, sex, or national origin be excluded from participation in, he denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant- Recipient receives Federal financial assistance from the Department of the Army, and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant- Recipient by the Department of the Army, assurance shall obligate the Applicant- Recipeinl:, in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant- Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant- Recipient for the period • during which the Federal financial assistance is extended to it by the Deoa rtment of the Army. THIS ASS11R.ANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date thereof to the Applicant- Recipient by the Deparment, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant- Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and the Uri tal States have the right to seek judicial enforcement of this assurance. This assurance is binding or. the Applicant - Recipient, its successors, transferees, and assignees and the person or persons whose signatures appear below are authorized ^ { to sign this assurance on behalf of the Applicant- Recipient. R'�- `IFS._ Charles J. 8ucuet II Jon U1Rels, May Mayor Pro Tom) July 11, 1983 EXHIBIT R 1io 1, 0 • I* CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 U i 1 TO: City Council and Gity Manager � FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Acceptance of Annual Supplementary and Emergency Contract Renewal with Laird Construction As provided for in the agreement, the subject contract may be extended at the City's option provided any unit cost adjustments do not exceed certain restricting factors. The contractor has submitted a proposal for extending the subject contract. The bulk of the items, Items 1 through 11 which include A.C., Berm, Aggregate Base placement and A.L. removals, remain unchanged. Equipment rental has increased ap average of 1/2 of 1 %. Labor only has increased an average of 4 %. The above increases are within the range of allowable adjustments. The contractor has satisfactorily responded and performed under the terms of the contract during the past contract period. RECOMMENDATION Staff recommends that City Council accept Laird Construction Co.'s proposal, approve extension of the contract and execute agreement of Annual Contract for City -Wide Supplementary Maintenance, Clean -up and Emergency Street Repair with Laird Construction Company, Inc. Respectfully submitted, Attachments I( S AGREEMENT THIS AGREEMENT, made and entered into this 8th day of�Se tteem�ber� 19 83 by and between The City of Rancho Cucamonga, a Muni cipal pal—Co tion, County of San Bernardino, State of California, hereinafter called the City, and Laird Construction Co., Inc. hereinafter called the Contractor. WITNESSETH: FIRST: That the Contractor, in consideration of the promises of the City herein- after set forth, hereby agrees to furnish all tools, equipment, and labor necessary to perform and complete, and to faithfully perform and complete, in z good and workmanlike manner, the several items of work described hereinbefore in these Contract Documents, all in accordance with the plans and specifications, Standard Drawings of the City of Rancho Cucamonga. Said plans and specifications, and the proposal of the Contractor, which is also on file in the office of the City Engineer of said City, are hereby referred to and made a part of this contract in like manner and with the same force and effect as if incorporated herein. SECOND: That it is further agreed that said tools, equipment, and labor shall be furnished and said work performed and completed within the time as required • or indicated by said plans and specifications, under the direction and to the satisfaction of the said City Engineer, and the Contractor hereby expressly agrees to meet, observe, perform and follow every term and requirement of said specifications. • THIRD: That it is further agreed that in the event said Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this contract in a diligent and workmanlike manner, the City Engineer shall make verbal or written demand upon the contractor. If said Contractor after receipt of demand from the City Engineer so to do, fails to furnish tools, equipment or labor in the necessary quantitiy or quality, and to prosecute said work and all parts thereof in a dilignet and workmanlike manner, or after commencing so to do within the time specified by the City Engineer fails to continue so to do, within time specified, then the City may exclude the Contractor from the premises or any portion thereof, and take possession of said premises or complete the work contemplated by this contract or any portion of said work, either by furnishing the tolls, equipment, labor or material necessary therefore, or by letting the unfinished portion of said work, or the portion taken over by the City to another Contractor, or by a combination of such methods. In any event, the procuring of the completion of said work, or the portiou thereof taken over by the City, shall be a charge against the Contractor, and may be deducted from any money due or becoming due him from the City, or the Contractor may be compelled to pay the City the amount of said charge, or the portion thereof unsatisfied. I F -1 FOURTH: That the Contractor agrees to begin the work of construction contem- plated and provided for in this contract within: Emercency Conditions: 2 (two) hours when specified as such by the City Engineer. Urgent Conditions: 48 hours when specified as such by the City Engineer. • Norma Coral ditions: 10 days after receipt by contractor of written notification by the City Engineer to proceed with work. FIFTH: Time is declared to be of the essence of this contract, and should the Contractor fail to complete'the work required to be done hereunder, on or before the time of completion herein stipulated, together with such additional time as the City Engineer of the City of Rancho Cucamonga may grant said Contractor for cause, it is mutually understood and agreed between the City and the Con- tractor that the City may exclude the Contractor from the premises, or any portion thereof, together with all materials and equipment thereon, and may compelte the work contemplated by this contract in the manner provided in paragraph "THIRD" hereof, and with like force and effect as if the Contractor had failed to prosecute the work in a diligent and workmanlike manner. It is further mutually agreed, by and between the parties hereto, including the surety or sureties on the bond attachi.d to this contract, that in the event additional time is granted said Contractor within which the work required hereunder may be completed, such extension or extensions shall not affect the validity of this contract or release said surety or sureties on the bonds given in connection therewith. SIXTH: That the Contractor agrees to save, keep and bear harmless the City and its officers and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of any infringement or alleged infringement of the patent rights of any person, firm, or corporation in con- sequence of the use in or about said work of any article or material supplied • or installed under this contract, which article or material was fuenished by the Contractor. SEVENTH: That it is further agreed that the City shall not be held liable or responsible for any accident, loss or damage happening to the works referred to in this contract prior to the completion and acceptance of the same. EIGHTH: The Notice Inviting Bids, the Instruction to Bidders, and the Proposal are hereby incorporated in and made a part of this Agreement., NINTH: That the City agrees, in consideration of the performance of this contract, to pay to contractor as follows: The Contractor shall submit to the Engineer Labor and Material Lien Releases and a written estimate of the total amount of work done. The City Engineer will review the estimate and lien releases and approve it or notify the Contractor of any exception. The Cityshall upon acceptance by the City Council and after deducting all previous payments and all sums to be kept or , retained under the provisions of this contract, issue payment to the Contractor. No such payment or estimate shall be required to be nade when in the judgement of the Engineer the work is not proceeding in accordance with provisions of the contract. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. • F -2 1 1 -1 The Contractor shall be paid the total contract price in accordance with the payment processing of the City. It is understood that any delay in the preparation approval and payment of these demands will not constitute a breach of contract on the City. TPITH: It is further understood and agreed between the parties hereto as follows: 1. That the quantities are unknown and that all of the work contemplated by this contract must be completed in all respects in accordance with the plans and specifications hereinbefore mentioned, whether the quantities of materials required or the work and labor to be preformed are greater or less than anticipated. 2. That the Contractor shall not assign, transfer, convey, sublet or other- wise dispose of this contract, or of his right, title, or interest in or to the same or any part thereof, without the previous consent in writing of the City Council. If the Contractor shall, without such previous written consent, assign, transfer, convey, submlet or otherwise dispose of this contract, or of his right, title or interest therein, or lose or be deprived of the same by operation of the bankruptcy laws or insolvency laws, or in any other manner whatsoever, then and in any such event this contract may be revoked and annulled by the City Council at their option and in their absolute discretion, and if so revoked or annulled, the City shall thereupon be relieved and discharged from any and all liabilities and obligations arising out of the same to the Contractor and /or his assignee, trustee or transferee; and no right shall be acquired by any such assignee, trustee or transferee, cr any one claiming under them or any of them, either at law or in equity, to make or assert any claim or demand whatever against the City, whether for monies due or to become due under this contract, or otherwise whosoever. " 3. That the words "City Council ", "Engineer ", or "City Engineer ", and "Contractor ", when used in this contract, and /or the bonds accomoanvinq the same, have the same meanino as when said words, or anv of them, are used in the plans and specifications for the work herein mentioned and described, as said words are defined in said specifications. 4, Tnat this contract shall be binding upon the City, its successors or assigns, and upon the Contractor, his executors, administrators, successors or assigns. FLE'l E!l)C That the Contractor agrees, pursuant to the provisions of the Labor Code of the State of California, to pay not less than the general pre- vailino rate of per diem wages and not less than the general prevailing rate of per diem wages for legal holidays and overtime work, for each craft or type of workman needed to execute the work under this agreement, as asr "nrtained by the City of Rancho Cucamonga, said provisions to be applicable to ray for all workmen employed either by the Contractor or by any sub- contractors doing or contracting to do, any work under this agreement. Said rate and scale are on file at the City Offices, and copies may be obtained. F -3 I< TWELFTH: This Contract shall be for a period of nine (9) months commencing on the 12th day of October, 1981, and ending the 30th day of June, 1982, unless terminated or extended as herein provided. The City reserves the right of option to extend this contract from year to year commencing on the first (111 day of July of each fiscal year. In no event shall this contract be extended beyond the 30th day of June, 1986. THIRTEENTH: In the event this contract be extended, compensation shall be as defined Paragraph "NINTH" adjusted as follows: The City reserves the right to negotiate adjustment of unit cost with the con- tractor at the beginning of each fiscal year. the unit cost shall not be adjusted in excess of the change in consumer price index for the Los Angeles - Long Beach Metropolitan Statistical Area as calculated from April 1st through March 31st of the previous fiscal year. EXCEPT as determined by the City Engineer as follows: Where labor benefits are increased in the contractors labor agreement /contract in excess of the index and /or where prevailing wages are increased in current publication of the CalTrans General Prevailing Wade Rates in excess of the index and /or where material cost are increased uniformly in the area commonly known as the Blest -End, San Bernardino County, in excess of the index and /or where equipment rental rates are increased uniformly within the sphere of the City in excess of the index. Adjusted cost shall be effective July 1st of each successive fiscal year through the term of the contract unless terminated as provided herein. If the index is • discontinued or revised during the tern such other governmental index or computation with which it is replaced shall be used in order to obtain sub- stantially the same result as would be obtained if the index had not be dis- continued or revised. IN WITNESS WHEREOF, the said City of Rancho Cucamonga has, by order of its City Council caused these presents to be subscribed by the Mayor and the Seal of said City to be affixed and attested by the City Clerk, and the said Contractor has subscribed his name hereto the day and year first above written. CITY OF RANCHO CUCAMONGA 8y. -- Mayor of the City o` Rancho Cucamonga ATTEST: City Clerk, City of Rancho Cucamonga CONTRACTOR: Apprnved as to form and execution • City Attorney, City of Rancho Cucamonga F -A , q `• CONTRACT PROPOSAL EMERGNECY AND ROUTINE MAINTENANCE TO THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA: • The undersigned bidder declares that tie has carefully examined the location of the proposed work, that he has examined the plans, special provisions and specifications, and read the accompanying instruction to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans, Special Provisions and Specifications, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following proposal. M ITEM 1. ASPHALT CONCRETE REPLACEMENT - TRENCH REPAIR, POTHOLES, ETC. (Does not Include removal. See Item 3) Item I TOTAL DOWN ITEM 2, ASPHALT CONCRETE PLACEMENT - SHOULDER /TRANSISION PAVING OVER EXISTING PREPARED SUB -GRADE AREA AND PRICE IN SQUARE FEET THICKNESS 0- 50 51 -150 151 -500 501 -1010 1001 -2000 2001 -5000 50010 000 ACROSS 0 -50 4.84 ).39 2.27 2.i7 1.83 1.51 1.24 4" 33' 5.03 3.57 2.45 2.15 2.02 1.72 1.42 1 Sri . 42' 5.21 3.76 2.64 2.64 2.20 1.91 1.61 i 6' .S' - 5.39 3.93 2.80 2.00 2.37 2.08 1.78 5.03 3.57 2.15 2.45 2.02 L72 1.42 S i .A2' i Item I TOTAL DOWN ITEM 2, ASPHALT CONCRETE PLACEMENT - SHOULDER /TRANSISION PAVING OVER EXISTING PREPARED SUB -GRADE Item 2 TOTAL DOWN G1 _ 1"l C1, _ AREA AND PRICE IN SQUARE FEET THICKNESS Soul- TOTAL 0 -50 51 -150 :Il - 500 501 -1 nnu l0ui -2 Ono 2n0i -5000 0 0, 000 ACROSS 3 ,25- 4.84 3.79 2.27 2 .27 1.83 1.51 1.24 A •33' 5.03 3.57 2.15 2.45 2.02 L72 1.42 S .A2' 5.21 3.76 ?.6A 2.61 2.20 6 ,$' 5139 3.93 2.80 2.81 1.37 2.08 1.i8 Item 2 TOTAL DOWN G1 _ 1"l C1, _ CONTRACT ITEMS ITEM • 3• ASPHALT CONCRETE REMOVAL - INCLUDES CUTTING AND DISPOSAL Item 3 TOTAL DOWN I I I ITEM 4. b 5.ASPHALT CONCRETE SKIN PATCH OVERLAY HAND 6 EQUIPMENT WORK AREA AND PRICE. IN SQUARE FEET, THICKNESS 0- 5o 51 -150 151- 500 501 -1000 1001 -2000 2001 -5000 5 0- 9a,000 ACROSS 1.90 1.90 1.17 0.45 . 20' 6,96 I/.08 2.00 2.00 2.00 1.28 0.57 � Item 6 TOTAL DOWN / I} "/•13" 2,11 3 "/•25' 5 -56 1.85 1 -11 O.SF, 0.42 0.25 0.25 2.25 4 "/•33'. 5.56 1.85 1.11 0.56 0.42 0.25 0.25 2.38 5 "/.42' 5.56 1.85 1.24 0.62 0.49 v.31 0 -31 5.56 I.85 1.24 0.62 0.49 0.31 0.31 Item 3 TOTAL DOWN I I I ITEM 4. b 5.ASPHALT CONCRETE SKIN PATCH OVERLAY HAND 6 EQUIPMENT WORK • C -2 R AREA AND PRICE IN SQUARE FEET THICKNE551 0- 50 0 -150 151-500 500 -1000 SUOn' �O��fAL .I S' _ 2.44 1.90 1.90 1.90 1.17 0.45 . 20' 6,96 I/.08 2.00 2.00 2.00 1.28 0.57 � Item 6 TOTAL DOWN / I} "/•13" 2,11 2.11 1.60 0.92 2 " /,17 2.25 2.25 1.71 0.97 2 } "/.21" 2.38 1 2.36 1.62 1.03, ' ITEM Item 4 and 5 TOTAL DOWN • C -2 R 0- SJ '.L -15U LI`-500 591 -1000 '1001 -2oUU 2001 -.S OGO SUOn' �O��fAL .I S' h.05 2.44 0.98 0.61 0.64 0.45 0.45 . 20' 6,96 2.61 LOy 0.75 0.75 0.5J 0.57 � Item 6 TOTAL DOWN � • C -2 R • J • j, ASPHALT CONCRETE PAV11 NICHINE OVERLAY - PRICE SHOWN '� *OR ONE LINEAR FOOT BY 10 FEET WIDE (10 SQ. FT. )�1 INCH THICK 8. EXCAVATION - INCLUDES REMOVAL AND DISPOSAL OF ALL MATERIAL AND SUB -GRADE PREP. AREA AND PRICE IN SQUARE FEET E" rnnT 0- 1000 1001-2 o0 2001 -5000 5000 -10,00 1001 -2000 - , 10000 TOTAL AL ROSS 4.10 3.07 2.74 2.61 1 1.93 0.64 Item 7 TOTAL DOWN ) 8. EXCAVATION - INCLUDES REMOVAL AND DISPOSAL OF ALL MATERIAL AND SUB -GRADE PREP. AREA AREA AND PRICE IN SQUARE FEET THICKNESS 0- 50 51 -150 151 -500 510 -1000 1001 -2000 2001 -500 5000-10,00 TOTAL 3" •25- 6.43 4.27 2.58 1.93 0.64 0.27 0.21 Item 10 TOTAL DOWN 6.43 4.27 2.58 1.91 0.67 0.30 6" •42' 6.43 4.27 2.58 1.97 0.68 .51 1 6.43 4.27 2.58 2.12 .58' 6.43 4.27 2.58 2.12 8, 66' USE EQ IPMENT RENTAL FOR E% AVATIONS ;REATER 1 75, THAN I IDICATED IN ITEM 8 lo" 12" 9. ASPHALT CONCRETE BERM PLACEMENT - PER CITY STANDARD J313 Item 8 TOTAL DOWN PRICE PPR IINFAR FOOT 0-20 51--f 51 -150 151 -500 501 -10,J0 1001 -2000 001 -5000 500 000 AL ROSS IRA 6.13 4.94 3.71 3.71 3.52 3.28 3.03 2.64 Item 9 TOTAL DOWN AREA AND PRICE IN SQUARE FEET 0- 20 21 -50 51-151 151 -500 501 -1000 1001 -2000 2001 -5000 10,000 ACROSS 0.62 ,11 0.25 0.19 0.10 0.08 0.07 0.06 Item 10 TOTAL DOWN ) C -3 7'N 11. CRUSHED AGGREGATE BASE - PLACED AND COMPACTED, -- .- . � - -- X11 .. urn. reel HICKNE55 0- 50 51 -150, 151 -500 501 -1700 1001 -2000 2001 -50( 2" .16'I 5.23 1.78 1.10 0.114 0.48 0.24 3, 2 5.26 1.70 1.13 OJ 0.52 0,32 4" 5.29 1.84 1.16 0,91 0.55 5" L2, 5.33 1.87 1.19 0.5 -4 .5' 5.37 1.92 1.24 7 . 50' .66' USE EQUIPMENT ENTAL AND TIME AND TERIAN FO AREAS D GRE TER THAN S OWN IN IT M 11 7S' o' 0.26 Item 11 - TOTAL DOWN I 12. LABOR COST DIFFERENTIAL URGENT EMERGENCY AFTER* SUNDAYS/ NORMAL ITEM OVERTIME TOTAL CAL U4i AMOUNT MOUES RATE HRATEAYS HOURLY ACROSS AM OUH� AM,ODNT RATE Working RATE 4G IO 46,10 46.10 46.10 46.10 35.35 Operator 44.7x, 44,70 44.70 44.70 44.70 33.90 Laborer I 33.70 1 33,70 33.70 33.70 33.70 26.25 Callout cost must reflect the flat one time dollar amount. Item 12 - TOTAL DOWN cost of calling out a man on urgent or emergency notice. After hours must reflect the rate for a second shi Ft, I.e., swing shift. • C -4 • JI LAIRD CONSTRUCTION CO., INC. Genwal Fnginewing Conrranol .. ones LI. NO a...>.. 4661 ARROW HIGHWAY • MONTCLAIR. CALIFORNIA 91763 nowQ consTn UQT:on 17141 626 -3946 (714) 984.2266 • PAVING Gn Aa1NG C..U.RE NLAVY EQUIPMENT RENTAL EQUIPMENT RENTAL RATES AS OF September 1, 1983 1. D -8 Cat Dozer - No Rippers 118 ... ........................$112.00 D -8 Cat Dozer - W/ Rippers #9 ........................... 120.00 2. 980 Cat Wheel Skiploader (5� Yds.) ...................... 105.00 3. 977 Loader (3 Yds.) .. ............................... 93.00 977 Loader with Rippers) ............................... 95.00 930 Loader ............... ............................... 70.00 4, John Deere 762 Self Loading Scraper ..................... 80.00 621 -B Cat Pull (2 each) .. ............................... 95.00 5. Blade Cat 14G ............ ............................... 79.00 Blade Cat 12G (3 each) ... ............................... 67.00 6. Roller 3 -5 Ton .......... ............................... 49.00 Roller 5 -8 Ton ........... ............................... 49.00 Roller 8 -12 Ton .......... ............................... 49.00 Roller 2 Ton (Essicks).................................. 47.00 • Roller 2 -3 Ton ( Essicks) . ............................... 47.00 Roller 12 Ton 3 -Wheel (Buffalo) ......................... 53.00 Roller 12� Ton ( ?neumatic Rubber Tire) .................. 52.00 7. 580B Case Skiploader # 7 .. ............................... 52.00 680H Case Skiploader # 11 . ............................... 65.00 8. Low Bed Tractor & Trailer (2 hr. Min.) .................. 55.00 9. Water Wagon 113 (1,800 gal. ).: ........................... 44.00 Water Wagon 118 (2,500 gal.)). 51.00 WRCer Wagon #6 !3.600 gal. 53.00 Water Pull 11613 (4,000 gal .) ............................ 58.00 10, Dump Truck 1119 (12 Ton Bobtail ) ......................... 42.00 Dump Truck #2'2,23,24,25,26,27 (14 Ton Dirt)..... 46.00 Du:np Truck & Pup #22,23,24,25,26,27 (Dirt) .............. 49.00 Dump Truck & Pup 1122,23,24,25,26,27 (Rock & Concrete)... 51.50 >" ADD DUMP COST OF $20.00 PER TRUCK F: PUP LOAD ............ 20.00 11. Trash Truck with Trailer (High Side) ................•••• 63.00 12. Power Broom .............. ............................... 47.00 13. Oil Truck # 6 ....................................... " "' 46.00 14. Overhead Water Tank (7,500 gal.)(Plus set up and Down Cg)200,00/Week 15. 4 x 4 Sheepsfoot ............ I ...................•••..... 110.00 /Day 5 x 5 Sheepsfoot ...... I ..................... ........ 16. Spreader Hox. .• 130.00/Day p11, ktbVE' RATES' ARE' SUBDECT' TD' CHANCE" " .. 0 I CITY OF RANCHO CCCAMONGA ck:c.\,yr) STAFF REPORT `O z' J�y�:'^ Z DATE: September 7, 1983 - — iii TO: Members of the City Council and City Manager FROM: Michael Vairin, Senior Planner BY: Frank Dreckman, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -02 A change of zone from A- Limited Agriculture to R -C (Multi - Family Residential) for 1.93 acres of land located on the west side of Vineyard Avenue betrween Arrm� Route and Foothill Boulevard - APN 207 - 211 -24. Related File: OR 83 -18 SUMMARY: The Planning Commission, at its August 10, 1983 meeting, held a public hearing and approved Development Review 83 -18 for construction of 24 apartment units. In addition, the Planning Commission recommended approal of the Negative Declaration and Zone Change Planning above- described project. Please find attached a copy o Comp ission staff report which fully describes the project. The proposed zone change and project are consistent with the City's General Plan and related ordinances. The project site is appropriate size and shape to accommodate the proposed development. No adverse environmental impacts are anticipated as a result of this zone change. CORRESPONDENCE: This item was advertised as a public hearing item in The Dail Report newspaper and notices were mailed to property owners within feet of the project site. To date, the only correspondence opposing the project (see attachment) was presented to the Planning Commission by Ms. Connie Reece. Ms. Reece indicated that she has been a resident of this area for the past eight years and did not like the o change in her area from the rural atmosphere which once toasted zoned addition, she indicated that she wished her property commercial. )d � 0 0 C] J Is CITY COUNCIL STAFF REPORT Zone Change 83 -02 /Lee September 7, 1983 Page 2 RECOMMENDATION: The Planning Commission recommends that the City Council approve the zone change request through adoption of the attached ordinance and issuance of a Negative Declaration. Respectfully submitted, Michael Vairin Senior Planner MV:FD:jr Attachments: Planning Commission Staff Report For ZC 83 -02 Planning Commission Staff Report For OR 83 -18 Planning Commission Resolution of Approval For ZC 83 -02 Planning Commission Resolution of Approval For DR 83 -18 Planning Commission Minutes - August 10, 1983 Correspondence City Council Ordinance • • il C_ rrmV nV o e Vcun rrr A UnVC A STAFF REPORT 5'M i e DATE: August 10, 1983 = cl TO: Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Frank Dreckman, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -02 - LEE - A channe of zone from A- Limited Agriculture) to R -3 (Multi - Family Residential) for 1.93 acres of land located an the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24. Related File: OR 83 -18 I. PROJECT AND SITE DESCRIPTION: A. Action Requested: The applicant is requesting approval of a zone change from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential) B. rurpose: To construct 24 apartment units C. Location: West side of Vineyard Avenue, between Arrow Route an oot ill Boulevard D. Parcel Size: 1.93 acres E. Existing Zoning: A -1 (Limited Agricultural) F. Existing Land Use: Vacant parcel G. Project Density: 12.4 du /ac H. Surrounding Land Use and tonic: North - Vacant parce _ingle family residence, zoned A -1 South - Vacant parcel, zoned A -1 East - Citrus groves, zoned R -1 West - Vacant parcel, zoned A -1 i, General Plan Oesi gn_ations ;� roject ite - Me iAio side North - Medium Residential South - Medium Residential East - Medium Residential West - Medium Residential itial (4 -14 du /ac) (4 -14 du /ac) (4 -14 du /ac) (4 -14 du /ac) (4 -14 du /ac) ,7 C • II. AN.ALVSIS: A. General: The request for the change of zone is in conjunction with a -24 unit apartment project on 1.93 acres of land located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard (Exhibit "B "). The development proposal, DR 83 -18, is also on the agenda for the Commission's review and consideration. A description of the project is provided with the Development Review staff report. The project site is adequate in size and shape to accommodate the types of uses that would be permitted within the R -3 zone. The zone change, in conjunction with the development of 12.4 du /ac, will not create adverse impacts to the surrounding properties and will be compatible with the medium density General Plan designation of 4 -14 du /ac. III. ENVIRONMENTAL ASSESSMENT: Part I of the Initial Study has been comp ete y t e app icant. Staff has completed the Environmental Checklist and found no significant adverse environmental impacts related to the project. IV. FACTS FOR FINDINGS: The project site is adequate in size and shape to acco-- mmoate the proposed project. The change of zone is consistent with the General Plan and has a density within the range • allowed. The approval of this zone change will not create adverse impacts on surrounding properties. V. CORRESPONDENCE: This item has been advertised as a public hearing in a ai a ort newspaper and all property owners within 300 feet 07 t e su Jett property have been notified. To date, no correspondence related to the zone change has been received. IV. RECOMMENDATION: It is recommended that the Planning Commission consi e— ­aTlinput and elements relative to this project. If after such consideration the Commission can support the findings, adoption of the attached Resolution would be appropriate. Resp /Ctfully submitted, Rick Gomez City, Planner RG:FD:jr ',Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Resolution • { i ,) C C RESOLUTION NO. 83 -103 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONE CHANGE NO. 83 -02 REQUESTING A CHANGE IN THE ZONING FROM A -1 TO R -3 FOR 1.93 ACRES, LOCATED ON THE WEST SIDE OF VINEYARD BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD - APN 207- 211 -24 WHEREAS, on the 24th day of June, 1983, an application was filed by Bill Lee and accepted on the above - described project; and WHEREAS, on the 10th day of August, 1983, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following in ings: 1. That the subject property is suitable for the uses permitted in the proposed zone in terms of access, size, and compatibility with existing land use in the surrounding area; and 2. That the proposed zone change would not have . significant impact on the environment nor the surrounding properties; and 3. That the proposed zone change is in conformance with the existing and proposed General Plan. SECTION 2: The Rancho Cucamonga Planning Commission has found kat this project w TTnot create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on August 10, 1983. NOW, THEREFORE, BE IT RESOLVED: 1. That Pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 10th day of August, 1983, Zone Change No. 83 -02. 2. The Planning Commission hereby recommends that the City Council approve and adopt Zone Change No. 83 -02. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. I11 Resolution No, 83 -10? C Page 2 BY s • APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST, 1983. OF THE CITY OF RANCHO CUCAMONGA ng I, JACK LAM, Secretary of the Planning Commission of the City o` Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of August, 1983, by the following vote -to -wit: AYES: COMMISSIONERS: BARKER, REMPEL, JUAREZ, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE . 0 130 0 L I. PROJECT AND SITE DESCRIPTION: A. Action Requested: The applicant is requesting approval for construction of 24 apartment units and a zone change from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential) B. Purpose: To create 24 apartment units C. Location: West side of Vineyard Avenue, between Arrow Route and oothill Boulevard D. Parcel Size: 1.93 acres E. Existing Zoning: A -1 (Limited Agricultural) F. Existing Land Use: Vacant Parcel G. Project Density: 12.4 du /ac H. Surroundin land Use and Zon in Nort - acant parce an single family residence, zoned A -1 South - Vacant parcel, zoned A -1 East - Citrus groves, zoned R -1 West - Vacant parcel, zoned A -1 H. General Plan Desi n_g_ation s: roject ite - Medium Residential (4 -14 du /ac) North - Medium Residential (4 -14 du /ac) South - Medium Residential (4 -14 du /ac) East - Medium Residential (4 -14 du /ac) West - Medium Residential (4 -14 du /ac) I j C— CITY OF RANCHO CCCANIONGA cvcMaio STAFF REPORT DATE: August 10, 1983 10 "' TO: Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Frank Dreckman, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 83 -18 - L The development of apartment units on 1.93 acres TTnd in the A -1 zone (R -3 pending) located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24. I. PROJECT AND SITE DESCRIPTION: A. Action Requested: The applicant is requesting approval for construction of 24 apartment units and a zone change from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential) B. Purpose: To create 24 apartment units C. Location: West side of Vineyard Avenue, between Arrow Route and oothill Boulevard D. Parcel Size: 1.93 acres E. Existing Zoning: A -1 (Limited Agricultural) F. Existing Land Use: Vacant Parcel G. Project Density: 12.4 du /ac H. Surroundin land Use and Zon in Nort - acant parce an single family residence, zoned A -1 South - Vacant parcel, zoned A -1 East - Citrus groves, zoned R -1 West - Vacant parcel, zoned A -1 H. General Plan Desi n_g_ation s: roject ite - Medium Residential (4 -14 du /ac) North - Medium Residential (4 -14 du /ac) South - Medium Residential (4 -14 du /ac) East - Medium Residential (4 -14 du /ac) West - Medium Residential (4 -14 du /ac) I j Development Reviev(_ -18 /Lee Planning Comnissio% ,agenda August 10, 1983 Page 2 • I. Site Characteristics: The site consists of a vacant parcel which slopes gently from the northeast to southwest. Currently, the site contains a variety of indigenous field grasses and native plant materials. No structures are located on the site and street improvements do not exist. II. ANALYSIS: A. General: The proposed development will consist of 24 apartment units with attached enclosed garages. In addition, the project contains a limited recreation area which includes a swimming pool, tot lot, and cabana. Two parking spaces have been provided per unit with an additional five spaces provided for guest parking. In addition, the applicant is requesting a change in zone from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential). The project site is adequate in size and shape to accommodate the proposed apartment development which conforms to R -3 standards. The change in zone and density of 12.4 du /ac are also consistent with the General Plan land use designations of Medium Density Residential (4 -14 du /ac). B. Design Review Committee: The Design Review Committee was generally p1ee sea with the design of the project but was • concerned with providing additional detail to garage doors and "breaking" garage eave lines in order to provide greater distinction between individual units. In addition, the Committee recommended providing low privacy walls designed to define unit entrances. Lastly, the Committee recommended that apartment units be setback eight (8) feet from the circulation aisle in order to prevent vehicles from parking in front of garage units. C. Development Review Committee: The Development Review Committee was primarily concerne w surface drainage and suggested that the project drain to the southwest corner of the property, to be accepted by Tract 11144. The Committee also suggested that the development may be able to drain to the adjacent County flood. corridor, Lastly, the Committee requires full street improvements along Vineyard Avenue including curbs, gutters, sidewalk, drive approaches, street lights, pavement, etc. D. Environmental Assessment; Part I of the Initial Study has been completed by t e app icant. Staff has completed the Environmental Checklist and found no significant adverse environmental impacts related to the project. E i � L 11 Development Revie 3 -18 /Lee Planning ColnffliSSidt. Agenda August 10, 1983 Page 3 III. FACTS FOR FINDINGS: The findings listed on the attached Resolution are supported by the following facts: o The project site is adequate in size and shape to accommodate the development and the proposed residential uses are in accordance with the objectives of the General Plan and Zoning Ordinance. o The proposed site plan, in conjunction with the conditions of approval, is consistent with the current development standards of the City. IV. CORRESPONDENCE: This item has been advertised for environmental review in The Dail Re ort newspaper. To this date, no correspondence has een received either for or against this project. V. RECOMMENDATION: It is recommended that the Planning Commission con uc� to pubTic hearing and receive all public input on this matter. If after such consideration the Commission can support the facts for findings and conditions of approval, adoption of the attached Resolution is recommended. Respectfully `submitted, I Rick /Gomez City Planner RG:FD:jr 'Attachments: Exhibit "A" - Site Plan Exhibit "B" - Conceptual Grading Plan Exhibit "C" - Illustrative Site Plan Exhibit "D" - Elevations Exhibits "E & E -I" - Perspectives Resolution of Approval with Conditions C � s of DETAILED SITE PUN: - - -- - .-tea TINT' P` LECI �CRIVTION SITE ANALYSIS �, .r E rnv •r �e:^ .�. .. tn V IN'ORTI I CITY OP ITEM. RANCIIO CL:CANK)NGA TITLE PLANNING DIVISK)` EXHIBIT _/6�5G \Ll • -) 4 7 F-- T I / I I I w L961 `M1MEpl -- --.- N Lf rONCFPTt]Al C� NORTH CITY OF ITI: ',N I; CUCI�NIO.\ nt TITI,r.t PLANNING DIVISON EXI IIIIJTI L-12 SCA I.El c c C :uoci:w - - ILLUSTRATIVE ' SRE FLAW MlNr ' M.1P % �o - LEOK DESCRIPTION; amass. -au� - r..�+ w.. -1sr crrs IEG�L _- �. v a !�� nwrr :rn .•s .. ..s e � w .�r a�a.v a w.+n.+.iar. uM .rTn .e.Nd P....ti �lwmwwr lsH _ V NORTI 1 crry OF ITI \I: RANCHO CUCAMONGA TITLE: ��� ICU PLANNING DIVISION EXHIBIT L SCAL r f;% 0 • c LEFT ELEVATIO=.:- ._,. FRONT ELEVATION: L_L•- _�_ REAR ELEVATION' ILU45TWMVE ELEVATIONS .wr CITY OP ITEM: RANCHO CUGVNK) \G1 TITLE: Imo - z Ions PLANNING MTSION EXHIBIT TJ SCALE 131 C V NORTI i I ORANGEWOOD TOWNHOUSE APARTMENTS. NORTH CITY OF ITIAI: RANCHO CUCA`UNGIA T,Ti.r: pwk,Lie PLANNING DIVISION SG \LG: 13A • CITY 01' ITFAU ------- CUCAMONGA TITLE; PLANNING Dl\'LSI()N' FXIIIBIT, sc,ILD- L) MS. ORANGEWOOD TOWNHOUSE APARTMENTS- NORTH CITY 01' ITFAU ------- CUCAMONGA TITLE; PLANNING Dl\'LSI()N' FXIIIBIT, sc,ILD- L) ' C � RESOLUTION NO. 83 -104 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION • APPROVING DEVELOPMENT REVIEW NO. 83 -18 LOCATED ON THE WEST SIDE OF VINEYARD BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD IN THE A -1 (R -3 PENDING) ZONE WHEREAS, on the 24th day of June, 1983, a complete application was filed by Bill Lee for review of the above- described project; and WHEREAS, on the 10th day of August, 1983, the Rancho Cucamonga Planning Commission held a meeting to consider the above - described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following can be met: 1. That the proposed use is in accord with the objectives of the Zoning Ordinance and the purposes of the zone in which the use is proposed; and 2. That the proposed use, together with the conditions applicable thereto, will not bn detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and • 3. That the proposed use is in compliance with each of the applicable provisions of the Zoning Ordinance; and 4. That the proposed project is consistent with the General Plan. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on August 10, 1983. SECTION 3: That Development Review No. 83 -18 is approved subject to the follo; ing conditions and attached Standard Conditions: PLANNING DIVISION 1. Additional garage door detail shall be added and garage roof eaves shall be broken in order to provide additional variety and visual interest. 2. Low wing walls shall be provided at building entrances designed to give additional identity to individual units. • IL-i0 Resolution No. 83 -104/ / Page 2 i 3. All trash enclosures shall be provided with lattice, trellis covers, or similar shade structure designed to shade trash areas. 4. Lease agreements shall stipulate that parking outside of garages shall be prohibited, except in designated visitor parking spaces. 5. A six foot high solid concrete block wall shall be constructed adjacent to the existing single family residence (northeast corner). 6. No Building Permits shall be issued until the City Council approves the associated Zone Change. I. Approved drainage structure, designed to accept and convey runoff from the parcel to the north shall be provided to the southwest corner of the project site. 8. Site is to be graded to drain optimum amount of runoff to southwest corner of property. 9. Drainage gutters shall be revised to remove flowlines from travel path of drive. 10. A conceptual grading plan shall be submitted to and approved by the grading committee prior to issuance of building permits. ENGINEERING DIVISION 11. The widening of Vineyard shall include the east side of the street to provide for a left turn lane with design speeds of 45 mph. APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST, 1983. PLA NG OMMISSION OF THE CITY OF RANCHO CUcWAONGA BY: ATTES Resolution No. 83 -104 Page 3 I, JACK LAM, Secretary of the Planning Commission of the City of Rancho • Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of August, 1983, by the following vote -to -wit: AYES: COMMISSIONERS: BARKER, REMPEL, JUAREZ, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • • I(IZ \y 1# • Cf PP mV Of s"'INITN DEVELOPMENT g :�pz9p CGnoli lon5 ���- -- �(l4AG�lZ' /lotPllw: _ a( ll+oae ILMa [Grey ed art co "'ILL dins of approval. �nF.lt� d Nlzil CO' a[, ,,, vto,lln0 DIVIS ION 100. tppllAHCE NI1N iFlE i01LON 116 1 antes+ retained EY me A. it -tt =rtz /t Ce•e yep ^e �t P.a,e. epVrnv,l Mall teD ire• not ial` pr ap Dl vvef f I `,p IJI[9 per^Ita are �onNZ f,,n In, dal¢ o pia ^,'ail Ca'� „c, an.vJ .a his I.]n[Len IIBj a'. oval-w [need for a Period of tail lh ^lllonal the .mill - PP... +l Is 9'• 1. slrtu s. the P onn in, Ccnmisa \ay...... Condition', -- - �r th y,l tar Jela ni9 towrtlont Or rc tae ier +n' unless attended EY one lop aDOrovel shalt e,i"on rop s of a0propv ed d J, le•utLe tract y( tit oDnin, lraa the aso..r at 1 this fine t hJI -- PUrm n3 C.,.mn t.enty -f -tar 1231 p.,y,t a e, Sllz Oweb'` "t In act9rdanq Mlth the -DD,,,ad +Ile Plans 11, Int a shall De Javeloped is ton and the Conditions costa load hallo' rs nla ,n to, D1enning "v .11 o site 011.5 and hu,ldfn9 elrv+dons yl encore rvD w.l by �.. ....led shall Et subs ltted Itr re •n1 t+. i� tnn;I t,tM .l apprtv., .� 1 to-_ Plarning ".flours Dr\or e1. ssu rice o[ Eul�ld 1191gatton Dl ms, ding Plane' "'Pldapf lo` ze 1 P11 tl to plant. 9r+ hall ae Cotrd loaned for Cgo +latln<Y Dr a street tnprovemG ^t plant sar tis I,nal aeD approva .enteel Gr lltua^ce of Eo,ldm9 Pen'6.or aDprar.6 .1. n-a cV'mGlx'ed• of • -item In, tunas is ton. -that 1, -4t. to alt +o Ilance w a- pp o^aI of [nit lot. t S --it hot -a I ll caE la `,,, DrdlnanCt +. a e5 0 of a IDs, ^9 !'rd"ap l ens o +otc,l +c Plans +n Ilect at ln[ tIe< 1 +.plying' Prrn It 1 -t• e.a uin9 ale of the Dmlect alre or 'usenet ine3lc a+itr 'idyl 1 5, Pr far nc a tne.eon, t11 fond Vt ions of vprov sPls�nrrs. be for toted to the sit's fart on OI tut Uq vI �d, A dc[+, led On -S lte U9nt,nY plan shift ttFTlssmn-Ie rot e1 ae`a -. aovrovel Er the P1 rnnog olvlAm Dr alum pat ton. fan in Ve ldl IndlC Ssohot to adrerzelr +I /act +dl acnM1 PermIt'. od .echta of s ney9nt p: tDer[,es. hlcE -col ar -,d a, th f tsoon l rot, In, shelf be It variable a 1 he suhmf tied In lof }u "Ithit ie r mt r arena .al prior to Vnwp[c nl 1' trla• er se. ors Dpra Plarsn m9 Dlv+t ien for shall be ' \ Euf ldl n9 Derm,ls. Jr omdll ltnrr s, otl aODUrlenances. Inc lad ln9 he z0un0 o- +p er ed J�B. M1II r tcJ. snle+srd Voe requ+re.l dbr the Plum rnY an rth,UCtur+11Y lne9rtlez and streets 6 I rom ado ace ^t proper ,a shall 1.e lnc lu.le•1 h hollein,l plans. 0ul1dln9 Dlvlzlont. D'- of m,tlal develop ^rot shall All s.In,n,n9 pools Installed +t the t,me 9, be supplerented with solar neat ln9' s c,r<uletlon .,]" 'be, l De bout the let eI -,ent to c act O.r111 nYS +I In ODe^ leatur,aed pedeatrlm Dath.aYS ono provide) lhr,,ri sw-ts mar aealmnet uses. Idea, all trash m -� a1. JI he for Individual •ra ll rreptac yes in iz lard _ 11. ❑ antr aIf gel train rece`4C.ezn ° D` puollc rsr.. bled by + a rpot 112. fresh rilaauc yell) are rYVUi red and mall x r II 1ev suol e<tt lCO app ovil shy V e PLnm p] ntgh na .1 hall be n St enJ+rJS. loc+lion obis son. the o-tr pianrsu4 ril trte.ed ant +pprered hY I, a�p u ll. Street names 'I'll 11 .dopted Svee, xa =In9 Palmy. v ^ar uco`as.,d w a^ and -treat 11th of the im.l Iract aP dill shall Sr IJenl 111e0 In 1.. All Id In9's nw Aers and Ind lviduer u tic luJ m9 Drotrr Il inn na U nn. c lry and mnclse 'nann<r v,a 11 or pride ✓u or da^cr .I,h We f iJtes ea nr l; ell P11 s' a and Mosier 15. local htht t , treet PlanneJ EVuel vile nllrsg nl z a Ul mrou9 vim trail Plan on vale in +'r erJs - .•tn Y tee n led condl UOyz. fen -In9 and .ern hl,I nr. otlil tai fur eintyo tat `no,Wt 1 ..ndtrd d a dins. ^ 1 nu 1.o u, Nardm laOYltne pl,r m9 D,,,,I mprio rto l'of tit re •t npni.a :.n[ and Int flies Tr act M.P. and D' grading Plant- -1 - 16. A ropy of the Covenants, Conditions and Ae,triCtiOAS (CUR'S) and t +±Ls of . . , . . at inn or [,c [bnau.nen ah"c atlon, subjw,t to ryp •.al cl 11 Von ma i'J fn9meerin9 O's,11 -1 and the City At olio'• Shill b, rtw•J.J a0 ton hiss and A copy provided to the C, I,. [. � In XanJ P ant �1. S.IiJ col ntrnor J,.A,,. 5 c city dead bolts and locks Shall be us[a lied cn ai.n u,11 m In`t pre Jalt. �j. Se,A,i:, Je,1veI i...n ai AInd.. Islas Shall be '.;ai[ed Dn each soft. 9. All units within this ce.el.pmeat Shall be Dreplowri to be adapted tar a solar ntrr hrrtmg umt. �1. Energy cinse.,,,q bo,ISing materials and appliances are regulred to be .ryri;tl i this proj,t to include such things as but not l 'rpu en st..Ir hinds, better grade of Ir:Se tatia +,1 J...c le pvu,J vindov.. .A le.,m] overnan,a, D11.1 ills A011,1 <cr1, e... 5. Inq develapmeut shall prgvlde an option to hvR buyer, to "Chase a ,star -err heating unit. _ _6. "Ailing u, cs sn,il be con,tructed with fire retardant material and -r non via [+, le ,.I oat ar ea 1. L9 All .sys, open arms. and landscaping shall be permanently tinto red by a oC fallen p other me acceptable to `�u ^avrule al am mien wCa or be svdalta ed to IM VlAnn, ba.... prior :o I,Sm ne of building pernits. 8. It.n prole[ s..All p,c,,JA . minlmm percent of efordable A'. r ing 1`„r e•a5. on Fernand. 'AIth General Plan housing pal a lrl .`1 tn`h in, 1,. ecru derided in the Gdvrh Xanagrrent Ord =l L.r beilsitr shall be aeterminM by current nIrk.t rate'. ref Ana °, rn 1,, zr -, levels at the tree of construction of Out project. Ar lJyeenent to such shall be approved by the City Planner prior to Iss c of building permits. �9. pllor, to asst peel and ...Ordatl.A Df t" final .p. W prior to it building permits. when n S.14ha,fon.1 Il involved. �ittee Cerltficatiun from all aFfJCted School blstrlct,, Shen be A.1-11 J 10 a o•p J:Iment ut Cornet, DairelppMnt whim stairs tsat adqu rte school facilities art or all be .,able of Accommodating 11.4,11 9-.11.11d by this DrpJect. Such letter of tertfflcattan An It A., plan Iliucit .y the SLAW f1stllel wIthl. ninety 190) day, 111.1 A the final r apgnal an the .,e or the Subdivision map pr IJ Seance or h the .Se or .I1 other r.IJen 11.1 prv]e<ta. -- 4�1 Project NO. ZID. Prior to approval and recordation .1 the final hip, or prior to issuanre Of building permits .1¢d n map Is Iomivfd. .ntten aril(l,.,,.A from t ail ec led v r J15tr is t. !ha[ at..lnJ le J na r end eater facilities viii be A,,,; .,Is t, s e it,, b,.,.,Cd pooled, shall be s,eb,dttM to ti C. ArV`nl of tom- •'molt, develaPrtnt. Such letter .tat have been ISSUM by Ina mater loll ¢t -thin ninety (90) dq3 prior to final nap 811.10 l n Inc case of Subdiv1Slon Or Issuance of permlti it, All ot ail -the' •11 Jent 111 I.Jects. for pro]ec [s uNng slot c lank facllitiel allonble by the Santa Ana Re9m•el uster Control :hint and tht City. erllten certlfl:atl- or aclelilbil" , In' lot ing ,all It """flat I n lorwelm, stall ed rbtA,.Id and Sabi LLled to the City. 11. This Subdivision was not lubnitled a, a total development package and Is required to reapply for a point rating restive to the design action of the -forte Mo. grew At Ordinance poor to final aPPI.o-I and mcordnlaa .1 the map. D. Parking b Vehicular ACCest 1. All parking lot landvsped Islands shall hale a minima outside diransfon or 5' Andy shall Contain m 18' walk Adjacent to parking stall (including Curb). 2. Parking lot trees shall be . -hot. 15 get l no siAa. planted at Intervals or l0 feel less than the nature dsaieler of the [Idea along the penme ter of each parting OJy. JJ. All parking spaces shall be striped per City standard dra -ng5. 1e. All units shall be provided with aawnauc garage door openers It A drlvnay lA leis than 20 feet iii dept-. S. Sea Covenants. Codes and Restrictions 11,111 restrict I6e Stoiege of recreatlunal vehicles on this ute unir55 the, a t the principle r of tranlDnrtation for hod hill P I.ILIL Pat 1, 11, i elector Clrnletidn alt le, dther than In JeS tgnJteJ vial tar pi ca no, areas. /a\ E. UMSUpin9 1l. A detailed LndSUDe and irrl,ltion plan, including slope planting, Shell be Sulam, teal for review and appronl co, the PWnamg Oro LOo c,.a, pri na •5 ai p, 1, tq lii.,l a: prmr Is line a of ban , Approval to me I... Of a cnamn lot evLJ,enlev. 2. Editing trees SM11 be retained wherever pustible. A ,taster plan of _ ,viltin9 tree, 5 -gwln9 their Prsche location, Ana type Shall be Soon Itted to and A,... eJ by ilia Planning Jlnsian psi r t, aCprou al of the r—A. grading plan. SJW plan well Use into a unt [ne proposed 9,.dm.J..hal ices, are to be real U,rU, trium in) mclLadt, and where new trees will be planted for replac,ent ,I revved trees. 1), S!reet beet, i m hum of t5 gal Ian site or larger, shall be +tl it :el per City 15 [inLrJ I ortlance with the 9JSter plan of Scar et 1111. br ire Cary of 0. ^lerdor -azV eeur and al0 •be Dl 11 ater'Or r sae el I,-" 1.1• on a on e ^[rye a. gf 5•] Van Der gross at re. conprized bl the follawlna utes,r shall to p' ^ ^,I ",l twin Lm1 dere loynenq z09 -24' boa el Itr yea, I:a -IS qsl h^. nd lot- 59allor. or 2 or the Irete planted within the project, shall be !Pell^^ -n tale t•tes. /'w �6. 0.P sl.;pt pains r +j2 n of Ibe (51 feel in vertical height and le of In 1 : a or gala ttr t na 11 be lanstcapad end 19 °0.ancno Cvcananp ae w r to SIUVe pl n•'rnl `"I r:r2 of the City o tree eyn 2`Jr'I IIttin j .rl II ;'c luxe oc et lyvl Ion no or Iugerr zltee shrub per tJ n I, zJ. lt. of s...h irta, and appr Wrle le ground lover. 1f. A,, pl n.t uy a ^1 r ^gat ;on shall be cpna muautb Ha tol.Inca In by a re ,;,y a ^1 l "rJll y�3 cucn .,,.p ,Id EY t? head, developer Prior Io--ill elea.lng s ^spe[n on shall be conducted by the c,aan =y -­11- an PWr ;rg 0;r sawn LU art ✓mine twat It 1s In sa[Iif actorY condition. � B. All IsnJic ip ;J ar to zh.11 br ma Iola In <0 In a health and thriving t,� FFF eanJ;L;on, Ire• fr Gmt.eeds, lydsn, anJ Jebres. hall ter Ins [a IIN byl tne5de. elopern in ero nenceaA th SUEmte[eCS puns prior o «. c,wn[Y. Y10. The Im I dev9n of the perimeter Darbrys, wal b, landzcapin9 and s, ne.araa shall be mCl.ded ro the regal red bndscape plans and shall :e 1.011:! to Jpaav al by V¢ Plano Ivry Dsr is Ian. 111. 5ptr bev s. Jrt; p...in, url de +al I, (both uvdlbcalalld Walton[AZpK+`1911 anJ m.easlllei IawlIt Ill ^g, Is reyul "de ""S "'[l�i- ��'2YJ[' �12. Yater and aser9y cr.nservat Ion [echnlques 0.11 be utlliaad, such as tpeUal Irngsl Ion t <chmWei (e.9.. drip Iral9ation), drought tolerant plan[ .....ei, it iva lal rneIIIAle, e[C. 1), All pannetrr landuaprd perk +11A ... retitled tD ad anndi Into the landscape mal,ienan[e dntrlct. la. Landncaoing a ^J IrnyJU On 11111vs requ lard r be Installed ti public did a rgnL -'J r.wJY on Lne per ;miter of Lh11 tract area 1..11 be Lanl l nure,ad ;nLn net ^v) the Jerelo0rr until accepted DY lne City and an cued sn LO lwe 1....... main [<nanu dlstll[l. 0 Project NO. _ F. signs .nl[ 1. the .fans jndlcatee on The ,rJ lei d plent aye not aprr ov rd with '— as 1. PnY L9ns prupuu'.J fur Uas J^ rt1;G... 115"" 1"' sip azld to raan,._ance w.to the La:. ON lnenep land nq o.,l,ihn prrur tG avpl l[et:on and approved by the I;u tII,WGn Gr aIY nyns. r 2. A unlfprm sl CCn program far this eevI n ....... shill be fv'�ml Ilea to the —' "onfng Dlvls l on far the' rev le+ and I pn or .o IssuenR of Bu 1lJ Srq perm)cz. olrectnI nenument slynlsl than De vra rlJed mr epartre^t. ronduminloa or town... I projects. G, Additional Amrov al P! utred L O,.In^nt Berle+ gull be ¢conpllshed prior to R 9rented znD lec[ to Ilre 2, A. of Tentative fret! nu. ,P,OI -- approval ) of N. other A en[Ies fc re cio Ia bell vmeJ In accardance with .-,ill fire po tOst te "'d �2. Emergency access shall be Drov lJrd, main lenm¢ N e Tree 1a¢lear, . m of to feel wide at all t� ^ts dun ng tuna rutllun zn n a•r Janie with Footbill Fire Oislrict "guvemnts. 13. er ernes eha in of8u,lded9 We rant,ill Ft t, 9,,bInt rtur ill' pro4 <t nrn a "nab ie. peril to] tholleara nae re u rvdl i;r prntectsnn "'t'" r anwrIl n of a T a. the prute nlype d rll i [raatmohl Oe I boaeel Service to determine the and 5. In la project falls ..thin the Fancbn eucaronaa Bedevrlo"..t Area. 'h: parl1cl1 Ion by The a ..hO Cuca r.,nga Ivrlv.N oV ^.'nt berry en inn r 1 prGJ lct. +Ill rb4a1« rev tr+ "nil "pVr oral of [ne Jere In Vnent VIJ .S tY the A"IeY. 6, permits from other agencte. will be required n folle.s: A. Celtnni lot: —T«JPn or -To n.0 r^ a or a —B. CUUnry oust Ma�eW granny I'di.. j. C. $an B!rn Fad mo County flood CUn tr 01 onlr ul. D. Other: -3- ;. ter and : e ,I., :nail ne at :,gnee and cowl flux t ea 1. nett YYY - -- Sol E ^m :5 `orr b:e Cau -,Sly county pater District (EGOL foothill Iv< Ri l lr :ct -a _ cal Ile,lu o<partvent of the county of So, d„ a, J.,, ie loner cf, cnnp Lance Iron CL.O .all be rxgu free w Ito lmL DIVISION 1. Site De.e ln,:nj �I. fhe ,poi grant snail cu.nply with the latest adopted Uniform lullding b. t.. /Jr , of Cal lIn l l are PIUM, ng Code, Ma[(anal [I <c[n: n ••,,.I Sn ell a: er appllCable codes, ordinances and 13u Fl u,A, , yell act n :he came .f issuance dl relative permits. 1/2. Prue to iss..ame al to 11J, nq perm It for . mew Veit (dent 1.1 Net l ling nrtls) a ^,gar yl.l,tr a n to n "I'll., nif,), the applicant shall parJ , it es4bluhxd rate. Such fees may Incline, bit , Ir. +J c City Beatification fee, Pare fee, Drainage F-e, 'ant is De.ei.o,ient Pee, Permit and Plan Checking lees. an.. Scl,.l feel. ]. Pru, m of building permit for a hti commercial w u.+r LD,,h1 n +unticn to an existing aevelopnent, the rpl r:rt ,.all p,, I .elal— At fees at the eslabhshed rate. Such 1—, -way , t,t n 1 h< I.n.IvJ to: Sylleis Development fen. ;,st —le lien, _rnit and Plan Cncce Sly fees. e. ,t•ret aJJressas shall be provided by the Building official. 5' J. f -, r, Sir act-, 1. ....... a Co -ol can a it, in. Un Jav But lding Lee For properly line Cie a.,nces r -ns ..lu ,In) use, Brea end f,re-realitivemess of ealsl leg b„ IJ,•.s. 2. Eunung pewit .ng(sl shall be tide In Coogly Nib Current Bu llding and �— luring rxg,la:uns for the Intended use or the building shall De .cal r.ea.t. 3. L„st ,q sewage disposal facilities Shall be reeoved, filled inll.r c qp-5 to canply •it, he N­1... plumb Ing Code. and Uniform Building Coen. e. undergfoud .­,It, utilities are b M located W she, en WSlding pl ms suteweJ for building Permit appitutItA. 1. Grad leg 1. G,.G.ng of t wblect property 0.11 be In accordance with the Umfarm B.,nnnp C. ^L•, C.ty Grading Standards and a x Expt.d r ding .)r ,,a"i VS. Ill f.n,I , 1, n.) DI an abs it be In Suit, t an tl al Cdn f ore ante .,In the Sol, a..J t✓ .env dal "" I ,, plan. •ly"i W F,.J"t Igo. 12. Aso l lz revolt •ha I be prepared by a quaI.f l eE tngl weer I I r In send by In e State car Callrnrnla to perlAr. s,,h .n•a. 3. A geological report snail be prepared by a qualified engineer or 9,E, of and sS,,attcj at the (inn of application far gr a.bn, plan cnecA. Yen. A rough grading plan Shall be <ciplet1d and approved by the Grading Cull nll[ee prior to re,.rdatiON of the final snhd,r nine map. I,,, final grading plant Shall be completed and epproraL Ura, to iSnnnle of lea, ld ing pern,ll. _ S. AS a costal -loo Subdivision, the (allowing requirement, sn.li be we t: a. Surety shall be posted and .n aI,es,,nt executed guaranteeing completion of all on -site drainage facilities necessary for de.atering .11 parcels, to the as us Faction of the Building m5 Safety Division prior to recurdatlon of 0C m,p- b. AOVroprL [e easemn[a. for are dlspotal of drainage „+ter that are CondJcled onto or ever idjaEIAt par Cx lS. .,e in be delineated .,J recorded to the satlif+ction of the Building and 5alely D,vlslon. C. 0n -01e dr.inge Ingravements, went nary for de.a[ering or peote Cling the SubdlvidiJ properlles, ale to be iA,t,ile.I prior to 64nan[c of told leg per hat 1✓r cons [ruct.an upon v:r p,:rel tall be subject to, or ccnlnbulet la .Iry .wage Il.ns ecl er viii leaving or dbh.n . parcel relative to .wadi a bu.W.n, c.'. •.rt as requested. a d. Final grading plans fur earn parcel 1.o to be t„hmat =n to lee Bu 11 J my end Lrely ibvi s, on for appr,. vas I.,I or b. . a A ba.IJing 11—It'. (alias Tay Le can a.. ,n..a ""1 a, C, 'I ti itc basis.] e. An Nape Da,Pl In a.a or I'll (s) Not ,n ver u<,1 be,gnl .na of 5:1 or y,Eat,r sl,.pes (shall Ill I 'I'I .,th mt„r p,is" u c.ryl et .on of yrea my a nn.r ,lo.n,t.,, ..ii —I .f r control 61.11 b< c n,lelx..l to u.e sit rJSt -.1 ..f it nl I" n, c l al and City •Plan f.n Viii ,. ,all 11 pre,• N ;n grr a, watt [he Shod a,.J n.a ,nle,n .l. n -, I. in. Ala P•r ,nl cal L — a .s alter Sarminat urn. EBIGNEEAlhO DIVISION L. Dedication and Vehicular Acce51 1. OailcaticA, shall be Slade by rural man of all .tent, slreel nght- or -ways and ail necessary easc¢rnts .4 sl.n... can Slit luaat,ve Ship. Z. Oe.huunn shall be m,de of Me following rlyC [- of -treys on the /ol l :. ny tre+ts� j� a]lltranal feet on `Mi_ x7, _ _ al let ucal lee, on �""Y- _ rd,ul runt on 1. Gran property Irne radius .111 be required per City Standards and el -11s. _ l All r If ._ —.11, Ingr¢s to .,no egress from shall be dedluted ei I.I1 r.1: S. sec mc raal a- a S + .!fits n d maintenance agreements enivring access ,a alf pleeL a �I "i., n fine -lncm of all c roads, drives or oar,ii, a stn well Je Prunlel , CCSR'i and carrion nall be, recorded 6. n1.�LU4 n ,i,i— shall be made fire the Ingress, egress and Internal -- c+L!mn al any tre:vs -A:cn .111 be used for delivery of goads to v t ........ a ,n owe .,read.. or the proposed business. ), priv to dnin,ir usemems for cross -lot drainage shall be required am ...11 1, Ir 1—m t -d or nou.ed on the final nip. 9. ill -I r ents tr -. y rng -thin future rl ght- of are to be g, CCla''ld o r to ce dtllne,lea on me map p<r Uty Engineers ren rr zn +fits. 9. Eai' -•.net for sld.wlk for pool.. met than be dedluted to the City .n er Side.alls manger ,nmnln private pr open). M. Sbee[ 1 + *ents nstrst full street improvements Including, but met limited to, curb ,I y,tr,, A.C. pa.esent, sldr.ala. drhe approaches, "Italy Ire's .may s«.at Iqut. as w...... Streets. Peguvenunt of zo.alk oil govern +d by Ne prov is1. of Planning Comeisle. Resolution fie. B-B ). _0, A minieure of E6 -foot aide Treatment within a 40-fort aide dedicated I 96,- of -.ay shall be cans trutted for all half- lectlon Street%. 1g. [distract tee follo.ing ,lsiing Improveni frcluding. That net limited [m: —5— Project I1�. STREET MME TGJIIER9�MT. sIvc- I Lt ONI f Ani. slk'E1 CI:4C A. C. 0rt3EAI -FE 01pv 15V'J -- OLdR Vi •Includes land.... it, and Ir.lga[lon on we I,. — - -- -- �a. Prior to any vpM1 being pe,for,rd m th. pn11.c fight- of -.,y• Iris ,hall be paid and an a u ,,1a -,.t pe fl— S ll be Oral -1 f+ Inn City Engine,, Ofll,m. in eA lr[ian [o . 1 Ill., --1, 1, n ,.n .1. S. street improvement Plans Including cars +ay C,eer del slid[ )tuns TTTT— ..raved by the City Engineer and prrrirld ey a F•. Irsln•N urrl E.I in shall be reduired, for all It—' n1-ii, , or avr is Is a n e of an e r ,i -.n' permit. f:n,r :I,nr ,nn o -lilr. ',,all in. the location of all a ,Lena ut Jity Ianlrtres (vein V,e ."t - of - ". �IS. Surely Shall be potted and an agreement a trd to nee of the City Engrain and the City Attor.ny, g.: , 'P1e113 -if me public r *vr cen, s, prior m weeded, of ti., *,p or t" rs wv. of building permits..n irJiry rr co t, firer. ` —A A11 I,,-, IMroverenl. "'all be Installed to [fie sat lsf..lion of the City Engineer, prior to occupancy. �B. pevenent iV,ping, marking, tnflic and street name 119 „no Shall ee fns [.f led per the regalr ... It, dl the City E1111er1. Llse mg [tty road 11,111., rtpsnitrd,t Ln 11,111 n'nn uu— Iv traffic it all times nW, mensal' nanu,s d,. r.rq cnserv,er:n p Ian street Oosa.. .erns[ fury be eel n ,r.n n -IS,t nun be refunde on cocple[ano of ca, the oomtrul 11onar,e ph% "1:”' a s °II Le City Engineer. la. Walkways shall be grovlded between P,bltc srdm.eus ant on v w -t pedestrlm fire I'. Cii litfl[ed drainage flows shall not 'III, sme.elks. unner Sid +.alt i drains shall be Installed to City Slandllds. h. brain loud -Omni L I. The apcliunl will be responsible for construction of all on.site ]r ai wg! Lvu L[ms regn ved ray the City Engineer. —2. Intersection I . . . . I .ill he required at the following locations: 2. end ord,a,vf p,a,,ct falls within .leas Indicated as subject to Ilo:din, mLr t u nitional flood Insurance P,c rmm and Is Subject to the pro -s,os or that progrmm and city ordinance lb. 24. 1 _ a. a dn,age < osuinel endfw flood protection wall will be reau lred to protect the structures by diverting sheet runoff to streets, or to a / .tone dram. �'. adequate prov limns shall be made for teffptAbly, and disposal of surface Jninvge entering the property from adjacent areas. 6. artier of rceptaoce Ii-em downstream property .,,a Shall be le,.i,.d rvoill Iron In`, tract flow, ..to Dr twat! DrODlrl let. YIa+L ✓d shall be designed as a major water carrying i..t re]'1r �n�1— +,.bineuon Of Special shelf heights, scar r;e drive a ,tiles, rolled street connections. Ilona protection wall,. endr. Vi_,nscmped earth berms and rolled dr:ee.ays at properly / line. S / B. Tile Iplld. mg star. dram shall be installed to the satisfaction of TTT the C.ty E.,,v I,: itvac. }- How 1114 �- _�9. a nrdulagic vnd do magu study for the project shall be submitted to tae Crty G.g in er tar reau.. � �tili,iel �1. provide all utility services to each lot lawlealing s »Itary seven. water. electric power, as and telephone. 1L mil uU bt RS with, ebe pr.je l shall M Installed VWerereuM fnclW,g uLiltun along aloe utma lass less then 1211. �j. Utility easements shall M provided m led setlsfaction of led serving otiFry coirpailes and tae City Cnglneer. a. peveloper analt be responsible in, !M relacation he ..fell., pbill ub Llfes..1 ry lu ved. •�t Project Ito. �6. developer shall be I.,,it ibl. for the Installation of street lighting It c'.rJa,c. often Southern Callfornu Edison Cnmpeny and City xaodards. 6. approvals have felt been secured fro* all utilities and otlier let .... led +gestalts Involved. approval of the final nap will be Subject to any requlrenentf that may be. received flan them. L General Affee renenn aM aoorwae 1. final parcel and tract maps shall conform to City Standards and ,,.ad ... a. A 2. m parcel map +hall be recorded prior to first One subdivlslon to i prevent creation of uolge".lded parcels. _ ]. Prim to retardation, a Notice of Intention to fors and/or Join luMicl, and tightlq Districts Shall be filed with the City Council. /he engineering costs Inrglyed.lo District formation shall M barn. east the eevNoplr. 1 • Mr. Bose replied that it goes along 19th Street to the culvert past Amethyst. Chairman Stout asked if it would sheet flow to Amethyst and how is will get across Amethyst. Further, will it eliminate the puddle on 19th. Mr. Bose answered it will sheet flow across and that puddling will be eliminated. Chairman Stout opened the public hearing. Mr. Gary Andreasen, engineer for this project, stated that they have made a study which was provided to staff indicating that by widening 19th Street it will accomplish more than installing a bigger pipe. Chairman Stout stated that it doesn't look like a solution is close. Mr. Andreason replied that this is a better solution. Further, that CalTrans did not want a storm drain as they thought widening the street would be better. There being no further questions or comments, the public hearing was closed. Motion: Moved by McNiel, seconded by Juarez, carried unanimously, to adopt Resolution No. 82 -112A, amending the conditions of approval for Tract 12304. x x x x x • G. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -02 - LEE - A change of zone from A- (Limited Agriculture) to - Mu i- ami y Residential) for 1.93 acres of land located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24. NEW BUSINESS H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 83 -18 - LEE - The development of 2 apartment units on acres o an n the A -1 zone (R -3 pending) located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 207- 211 -24, Michael Vairin, Senior Planner, reviewed Items G and H concurrently. Mr. Vairin stated that there would be additional conditions to those contained in the staff report placed on this project as distributed to the Commission at this meeting. Mr. Vairin read into the record _ letter received from Ms. Connie Reece, opposing the requested change of zone from R -1 to R -3. Commissioner Rempel asked, regarding the last condition, if staff is really going to have a left turn with an assigned speed of 45 mph. Mr. Vairin explained that the lane itself will be designed to accept vehicles 49 entering at that speed. Planning Commission Minutes -6- August 10, 1983 �dQ Chairman Stout asked if these conditions would be placed under the Planning Division in the Resolution. Mr. Vairin replied that with the exception of Condition No. 6, they would all • be Planning Division conditions. Chairman Stout opened the public hearing. Mr. William Lee, 830 W. 6th Street, Ontario, stated he has worked closely with staff since the conception of this project and concurs with the conditions of approval. Further, that his concern is much the same as that of the City and Planning Commission in wanting the project to be the best it can be. Mr, Lee stated that they will build the project and retain ownership in it. Ms. Connie Reece, Alta Loma resident and writer of the letter opposing the zone change, addressed the Commission. She indicated she has been a resident of this area for the past eight years and did not like the change in her area from the rural atmosphere that once existed here. Commissioner Rempel replied that he too would like things to be the way they were but it is impossible. He asked Ms. Reece why she did not come forward at the time of the General Plan hearings. He explained the way the General Plan was formed which allows higher density at major thoroughfares and the philosophy of providing affordable housing by increasing density which could not otherwise be provided. Commissioner Rempel stated that the General Plan was adopted after much public input and that the City Council and Planning Commission decision was based on • this public input. Ms. Reece stated that she wished to get a different designation for her property so that she can sell it for a higher price. Commissioner Rempel adviseu her to bring her request to staff so that it could be placed before the Commission. There being no further comments, the public hearing was closed. Motion: Moved by Barker, seconded by Rempel, carried unanimously, to adopt Resolution No. 83 -103, issuing a Negative Declaration and requesting approval of zone change 83 -02 by the City Council. Motion: Moved by Barker, seconded by Rempel, carried unanimously, to adopt Resolution No. 83 -104 approving Development Review 83 -18 with the modifications as presented by staff and issuing a Negative Declaration. Mr. Vairin stated to Ms. Reece that she will receive another notification when this zone change comes before the City Council. • R ! k Planning Commission Minutes -7- August 10, 1983 . �<n CITY OF RANCHO CUCAMONGA commu"ITY i-EWOPMENT DEPT. A 0 19�3 U�g 4z �cw 16" La� mw- • ORDINANCE NO. • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207- 211 -24 LOCATED ON THE WEST SIDE OF VINEYARD AVENUE BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD FROM A -1 TO R -3. 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 and 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. ,Is SECTION 2: The following described real property is hereby rez -ned in the manner stated, and the zoning map is hereby amended accordingly. Assessor's Parcel Number 207 - 211 -24 approximately 1.93 acres in size and located on the west side of Vineyard Avenue, between Arrow Route and Foothill Boulevard, is hereby changed from A -1 (Limited Agriculture) to R -3 (Multi - Family Residential). 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' Ontario, California, and circulated in the City of Rancho Cucamonga, California. (K -' CITY OF RANCHO CUCANIONTCA STAFF REPORT�\\I� ux DATE: September 7, 1983 TO: Members of the City Council and City Manager FROM: Jack Lam, AICP, Director of Community Development SUBJECT: APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 1.0. 83 -11 - DATA DESIGN - The p acement of two 2 1440 sq. ft. office trailers on 1.8 acres of land in conjunction with an existing manufacturing facility in the M -R (Restricted- Manufacturing) zone located at 7915 Center Avenue - APN 1077 - 401 -08. ABSTRACT: The applicant has requested that the conditions as approved by the Planning Commission for CUP 83 -11 be amended. The conditions con- cern the time limit for removal of the temporary trailers, development of a permanent facility , a a requirement to extend the improvement agreement for Center Street. A letter from Data Design Laboratories outlining their concerns is attached. SUMMARY: In 1981 Tentative Tract No. 11428 was approved with con- ditions requiring the installation of street improvements along Center Avenue. The tentative map was given final approval and recorded. To catisfy the conditions of the tentative map, bonds and a 12 -month im- provement agreement were accepted for Center Avenue. Construction of Haven Avenue improvements were postponed to the time of development of lots facing Haven. As a result of this new application for tempo- rary office trailers, it was discovered that the Center Avenue improve- ments were not completed as per the prior approval. Therefore, the Com- mission was reluctant to approve any more applications for the property until said improvements were completed. However, in consideration of Data Design's immediate need to have the trailers on site, the Planning Commission approved the use permit subject to obtaining a six -month extension on the previous improvement agreement (this allowed immediate placement of the trailers) but approved the trailers for an initial 6 -month period in order to insure that the Center Avenue improvements would be completed in that time. The Commission then would consider granting a longer period of time such as 2 years. The Commission felt that it could not issue a blanket approval because it wanted Data Design to meet its prior commitment and did not want the City to incur the expense and trouble of calling in the bonds. The Commission's other alternatives would have been denial or postponement until the improvements were installed. APPLICANT'S APPEAL: The attached letter from Data Design requests the o owing three conditions be amended: 164 September 7, 1983 Appeal of Conditions of Approval CUP 83 -11 - Data Design Page Two "Condition 1 be amended to allow the temporary trailers to be occupied for a period of two (2) years from the date of occupancy, unless extended ay the Planning Commission." The Planning Commission intends to consider a longer approval as des- cribed above if the street improvements are completed as per prior com- mitment. The six months was provided in conjunction with Condition No. 3 so that the bonds would not be called. If Council modifies the ap- proval period, (since Data Design has already executed the extension of improvement agreement for 6 months) the bonds would be called after 6 months unless a new improvement agreement extension is approved by the City Council. "Condition 2 be deleted in its entirety." • This condition is academic since the issue is the street improvements. This condition which is placed on all approc.a.s of temporary facilities was not changed because the Commission anticipated street improvements to be completed and a longer approval period could be granted. • 3. "Condition 3 be deleted in its entirety and the improvement agreement for Tract 11428 be amended to require the improve- ments to be made only when a building permit for an additional building in the tract is issued." Since Data Design has already executed a 6 -month extension, this issue is moot. However, if Data Design wishes to modify the conditions of approval of the tract map regarding the requirement for street improve- ments, (as implied in their letter) it cannot be done through this appeal process. State law requires a full public hearing to be conducted similar to the one conducted for the original tract hearing, if a pre- viously approved condition is to be amended. ALTERNATIVES: Aside from technicalities, the practical issue Council must decide is should street improvements be installed as per prior approved conditions before any other entitlements be approved. If so, the decision of the Planning Commission should be upheld. If Data De- sign installs the improvements, the "typical 2 years" approval would then be considered by the Commission as an extension to the CUP. • 1 5 ! FJ September 7, 1983 Appeal of Conditions of Approval CUP 83 -11 - Data Design Page Three If, however, the Council wishes to postpone the improvements longer, it can require a new improvement agreement and bond for a specific period of time and grant a longer approval regardless of any new approvals. The issue of the postponement of improvements to time of another building approval requires an amendment to a prior approval ano cannot be addressed through the appeal process but through a new public hearing through the Planning Commission. Attached is the Planning Commission staff report, the Planning Commission Resolution of Approval, and the Planning Commission minutes for the July 27, 1983 public hearing. In addition, a letter from a homeowner west of Data Design Laboratories in opposition to the appeal is attached for your review. RECOMMENDATION: The Planning Commission recommends that the conditions be uph —'eid. R pec tf�i ksub'tted, L Community Development Director JL:jk Atta0ments: Planning Commission Staff Report - July 27, 1983 Planning Commission Resolution No. 83 -101 Piann„ig Commission Minutes - July 27, 1983 Exhibit "A" Data Deisgn Appeal Letter Exhibit "B" 7/26 Letter from Adjacent Homeowner Exhibit "C" 8/26 Letter from Adjacent Homeowner 0 • 1 1 PROJECT AND SITE DESCRIPTION: The applicant, Data Design Laboratories, is requesting approval to use twn double -wide office trailers totaling 2880 square feet in size. The Zoning Ordinance permits the temporary use of such trailers with approval of a Conditional Use Permit by the Planning Commission. The site is located on the east side of Center Avenue, one -half mile north of Foothill Boulevard. The property is part of an industrial complex with four buildings totaling approximately 65,000 square feet on 24 acres of land. Exhibit "C" shows a previously approved tract map which illustrates the future street pattern through the property and location of each building. The trailers are to be installed on the south side of Lot 9. The applicant stated that the modular units will be used for twelve to eighteen months. A new assembly operation is proposed at the site and office space is needed for fourteen additional employees. Assuming that the new operation is succesful, a new office building will be constructed on an adjacent parcel. ANALYSIS: Two potential areas of concern relative to this application are; the visual impact of the trailers on adjacent property; and (2) parking availability. As shown on Exhibit "A ", the site is located adjacent to a residential area. However, visibility of the trailers will be reduced by a 150 -foot setback from Center Avenue and landscaping along the street frontage, therefore no significant visual impacts are anticipated. Regarding parking, of the 82 spaces existing on the subject parcel, the modular units will eliminate approximately 13. However, the remaining 69 spaces satisfies the Zoning Ordinance requirements and exceeds the anticipated number of employees at the site. if any overflow parking is required, the adjacent buildings owned by Data Design have approximately 50 or 60 unused parking Stalls- /s I STAFF REPORTt r r. DATE: July 27, 1983 lu-7 TO: Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Curt Johnston, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT 83 -11 - DATA DESIGN - The temporary p aetient o —two—M 14 40 square foot a 7 ice trailers on 1.8 acres of land in conjunction with an existing manufacturing facility in th- M -R -T (Restricted Manufacturing) zone, located at 7915 Center Avenue - APN 1077 - 401 -08 PROJECT AND SITE DESCRIPTION: The applicant, Data Design Laboratories, is requesting approval to use twn double -wide office trailers totaling 2880 square feet in size. The Zoning Ordinance permits the temporary use of such trailers with approval of a Conditional Use Permit by the Planning Commission. The site is located on the east side of Center Avenue, one -half mile north of Foothill Boulevard. The property is part of an industrial complex with four buildings totaling approximately 65,000 square feet on 24 acres of land. Exhibit "C" shows a previously approved tract map which illustrates the future street pattern through the property and location of each building. The trailers are to be installed on the south side of Lot 9. The applicant stated that the modular units will be used for twelve to eighteen months. A new assembly operation is proposed at the site and office space is needed for fourteen additional employees. Assuming that the new operation is succesful, a new office building will be constructed on an adjacent parcel. ANALYSIS: Two potential areas of concern relative to this application are; the visual impact of the trailers on adjacent property; and (2) parking availability. As shown on Exhibit "A ", the site is located adjacent to a residential area. However, visibility of the trailers will be reduced by a 150 -foot setback from Center Avenue and landscaping along the street frontage, therefore no significant visual impacts are anticipated. Regarding parking, of the 82 spaces existing on the subject parcel, the modular units will eliminate approximately 13. However, the remaining 69 spaces satisfies the Zoning Ordinance requirements and exceeds the anticipated number of employees at the site. if any overflow parking is required, the adjacent buildings owned by Data Design have approximately 50 or 60 unused parking Stalls- /s I Conditional Use Pet 83 -11 /Data Design 1 Planning Commission 4enda 1 July 27, 1983 Page 2 Regarding the time limit for approval, the Planning Commission has, in the past, approved the use of trailers for two years. By the end of this two year period, a permanent facility is to be completed and /or the trailers removed. RECOMMENDATION: It is recommended that the Planning Commission consider a tnp—il ut and elements of this project. If after such consideration the Commission can support the facts for findings, adoption of the attached Resolution permitting the trailers for a two year time period would be appropriate. Resp(ctfu) ly yrtapii tied, Planner :CJ:jr 1-71 ts: Exhibit "A" - Location Map Exhibit "B" - Site Plan • Exhibit "f," - Data Design Master Plan Exhibit "D" - Floor Pldn Exhibit "E" - Letter from Applicant Resolution of Approval with Conditions IS • • 0 NORTH CITY OF ITEM: 12 0 P e_ 5 -11 �^rn v ial RANCHO CL'CANIONGA TITLE L-c^n—tI n A-f PLANNING DIVISION E\IIIIiIT _Ao SCALE — LOCKWOOD ENGINEERING -Z915 CEjarz Au-wlc /c AFL) "T- & SURVEYING COMPANY, INC. RAN CO _AA Ce`F_9n O Rr 380 WEST FOOINd1 BIM Rialm CElnomu OESCNVIIONC C I TI(1iA ILF PL:r(/ T mCA Ek' ST. OFFICE' 1'•z5o B10oo 9.F. 32.pp fjARS _. EXIST. INCVa7TilAl 1'•500 8.0003.f. IG.00 CARS FMof� OFFICES 1+250 28805•F• 11.52 CAWS TOTALS 18,880S.F• 60 CARS mdo SCALD: I'aG0' PA2WNG Pmoq(D=: \VEST, NORTH, EAST f Sa H(EXIST.) 49 CARS CITY OF ]Tr-m: %gipe�- Il- nrcQ+.�v� RAIN HO CLCIIIC)N( %1 TITLE: !StM v►_ b • PLANNI \G DIVISM LXIIIRIT _le SG \LE 1p-(-Q' LOT �A ROAD 5E JnENM5 N 85 *53'HO "E 415,4G' � 1 R•IS.��. de B+ISm' p.ga•SL !' �• D 23 55'IS SD' E %l5T*G 14 GRj �E %1ST N� AE ORIJESs PARK414 � V ly 27' I N E 1 I LL 0 0 EXISTING 6UILDI10G" N p 0 h N LOT 9, 'TRACT No. 11428 V WI < /A.6.155 $!D -2I F z IGIOO 50.FT. P � � IJ Od LL PROPOSED WCATION 2FxH 1A'K60' /A0i14,OFFiGES 40' GO iG J I ilk i �a',. �`-�` ND�•53 "3o"E 98e.D¢' I E %1ST. RGIAINING HALLS E>JSTING 6UILDING_ +MCYi4E SHOP I Ek' ST. OFFICE' 1'•z5o B10oo 9.F. 32.pp fjARS _. EXIST. INCVa7TilAl 1'•500 8.0003.f. IG.00 CARS FMof� OFFICES 1+250 28805•F• 11.52 CAWS TOTALS 18,880S.F• 60 CARS mdo SCALD: I'aG0' PA2WNG Pmoq(D=: \VEST, NORTH, EAST f Sa H(EXIST.) 49 CARS CITY OF ]Tr-m: %gipe�- Il- nrcQ+.�v� RAIN HO CLCIIIC)N( %1 TITLE: !StM v►_ b • PLANNI \G DIVISM LXIIIRIT _le SG \LE 1p-(-Q' .e. o.< tiAell v✓ k I/. ��' - iiL -mot �1.�,•� ��''..� �:�� "� U \ w i .�� +i 'I for t � U ��i t!' `. ..� �:�•• "a V. � III r..: ...- '���J- � � � Iti I ���. 1'. '1 i� � •\ � - 3 9 �I W>r ��emv. ew q, tA..l,l'�'� ^. •M `��r i, yy iC.'.'' h V 1012TH CITY nr it'-vN ,I-i0 Cuc- \ION,(u\ TITLE: MA-MeC'ft wnl PLANNING DIVISION EMIIRIT _ "L "_SGALE''— In I r CONF. ROOM GENERAL OFFICE PERSON) 16 PERSONS) 11 PERSON) 112' CITY OF RANCHO CL' MONGA PLANNING DIVISION 11 PERSON) 112- 10' i 60' �12 ENGINEERING IS PERSONS) 0 Rao Y LAB 11 PERSONI V V NORTH • ITEM: 4-UP TITLE FAR eLI4l • EXHIBIT „dl SC,%E • VD AT A -DES I G N L a b or at or i e s 7925 CENTER A V E N d t CUCAMONGA, CALIFORNIA 91730 6 July 1983 City of Rancho Cucamonga Department of Community Development 9320 Base Line Road Rancho Cucamonga, CA 91730 Gentlemen: _ Data- Design herewith makes application for a Conditional Use Permit (non- construction) granting permission to locate two (2) 24' x 60' modular office structures (office trailers) in the rear parking lot of its Building No. 3, located at 7915 Center Avenue. These structures will house approximately 14 persons per- forming office and administrative functions and one (1) . research and development technician. The normal hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday through Friday. Enclosed are: (1) Uniform Application; (2) Site Plan; (3) Floor Plan; (4) Property Ownership List Labels, 3 sets; (5) Radius Map; (6) Notification Labels; and (7) Check for $398.00. If the Department has any questions regarding this appli- cation, please contact the undersigned. EBA:mkp Enclosures (1) - (7) r 1 very truly yours, DATA - DESGIN LABORATORIES E. B. Alsip Executive Assistant n oh./I I IA I aa� 4 I�� 1 _7 • REEOLUTION NO. 83 -101 A RESOLUTION OF THE R =NCHO CUUMUNGA PLANNIi 3 COMM IGSION APPROVING /90OW IL CO':)ITIONAL USE PERMIT NO. 83 -11 FOR TWO TEMPORARY TRAIL =RS AT DATA- DESIGN LABORATORIES LOCATED AT 7915 CENTER AVENUE IN THE M -R -T ZONE WHEREAS, on the 8th :ay of July, 1983, a complete application was filed by Data - Design Laboratories for review of the above- described project; and WHEREAS, on the 27th day of July, 1983, the Rancho Cucamonga Planning Commission held a public hearing to consider the aM -e- described project. NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: SECTION 1: That the following findings can /wwwt be met: 1. That the proposed use is in accord with the General Plan, and the purposes of the zone in which the use is proposed; and 2. That the proposed use, together with the conditions • applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. That the proposed use will comply with each of the applicable provisions of the Zoning Ordinance. SECTION 2: That Conditional Use Permit No. 83 -11 is approved subject to the T Mowing conditions: PLANNING DIVISION 1. The temporary trailers are approved for a six (6) month period from the date of occupancy, unless extended by the Planning Commission. However, if the trailers are not occupied within six (6) months this approval shall become null and void, unless extended by the Planning Commission. 2. Development of the permanent building shall be completed and ready for occupancy, or the trailers shall be removed prior to expiration of the Conditional Use Permit. 09 Resolution No. 83 -1� Page 2 ENGINEERING DIVISION 3. Prior to occupancy an application for an improvement agreement extension of six (6) months shall be submitted, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1983. NG kOMMISSION OF THE CITY OF RANCHO CUCAMONGA BY s L. A ss I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of July, 1983, by the following vote -to -wit: • AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, JUAREZ NOES: COMMISSIONERS: STOUT ABSENT: COMMISSIONERS: NONE 0 # # # ## M. CONDITIONAL USE PERMIT 83 -10 - PRESSLEY - A change of ownership for an arcane (formerly JJ's Arcane ) in the C-1 zone to be located at 6642 and 6546 Carnelian. Dan Coleman, Associate Planner, reviewed the staff report. Chairman Stout opened the public hearing. Steve Pressley, applicant, addressed the Commission stating that his agreement with the Resolution and conditions of approval. Commissioner Mc Niel advised that this item had been advertised in the newspaper and the area property owners notified, however no opposition was expressed to City staff. He reminded the applicant of the opposition voiced when Mr. Mannella first applied for the Conditional Use Permit for JJ's Arcade and advised that he s.ould run his operation in a similar manner. Motion: Moved by Rempel, seconded by Mc Niel, unanimously carried, to adopt Resolution 83 -100 approving Conditional Use Permit 83 -10. AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, JUAREZ, STOUT NOES: COMMISSIONERS: NONE • ABSENT: COMMISSIONERS: NONE - carried- N. CONDITIONAL USE PERMIT 83 -11 - DATA DESIGN f- The temporary placement of two ( sq. t. o ice trat ers on acres of land in conjunction with an existing manufacturing facility in the M -R -T (Restricted Manufacturing) zone located at 7915 Center Avenue - APN 1077 - 401 -08. Rick Gomez, City Planner, reviewed the staff report. Paul Rougeau, Senior Civil Engineer, stated that staff suggested an additional condition be added to the Resolution under Engineering Conditions to require the application for an Improvement Agreement extension prior to occupancy of the trailers. He explained that street improvements had been previousiy bonded for which required their installation within 12- months; however, time on this agreement had lapsed and development activity in the area has increased, therefore staff recommends that the extension be applied for and the applicant begin to make arrangements to install the street improvement;. Chairman Stout asked what a reasonable amount of time would be to install the improvements. 's Planning Commission Minutes -10- July 27, 1983 ;L^(11 1 � Mr. Rougeau replied that 6 months is adequate, however they could possibly be done in three to four months. • Chairman Stout opened the public hearing. Dominic Salvati, representing Data Design, addressed the Commission stating after approval of the parse'.Map City staff had advised the applicant that there was no urgency to install the street improvements until construction of additional buildings. He further stated that the trailers would allow Data Design to bring additional employees and revenue to the City, and urged the approval of the Conditional Use Permit. Commissioner Barker asked if the bond required installation of improvements prior to additional construction. Mr. Rougeau replied that there are lien agreements which require installation prior to construction, however it was his opinion that this applicant had a 12 -month bond. Commissioner Rempel stated that the improvements on Haven were the only ones he recalled being deferred by the Commission in its previous review. Further, normally these improvements would have been required prior to recordation of the final map. Mr. Salvati advised the Commission of the importance of the approval of the Conditional Use Permit to allow the installation of the trailers so that employees could begin work on August 2. He further advised that he would be in the City offices the next day to sign the lien agreement extension. Chairman Stout asked Mr. Salvati to explain his position on the improvements and if he felt that the improvements on Center Avenue were necessary after the installation of the trailers. Mr. Salvati replied he did not feel them necessary at this time. Chairman Stout advised that the staff is recommending a 6 -month extension to install the improvements and not 6 months to come back to the Commission for discussion. Mr. Salvati replied that the improvements would be put in upon construction of additional buildings. Further, he was not in a position to make a decision regarding the improvements, but did not see why the CUP could not be granted and then have the Commission call in the bonds if the improvements were not installed in 6 months. Mr. Rouaeau stated that the agreement would be for a 6 -month extension at which time the applicant could apply for an additional extension. However, at that time, the extension could be denied and the City could call in the bonds. There were no further comments, therefore the public hearing was closed. Planning Commission Minutes -11- July 21, 1983 • 0 • 9 1 Chairman Stout stated that he was not in favor of approving the Resolution for the CUP unless it contained a requirement that the street improvements be installed prior to occupancy of the trailers. Further, that the improvements should have been done a long time ago and did not see why the City should be subjected to the expense of calling in bonds. Commissioner Rempel stated that staff's proposal is a fair compromise for both the applicant and the City that the street improvements go in; however, did not feel an additional extension should be granted. Commissioner Mc Niel stated that approval of the Conditional Use Permit could be for 6 months and if the improvements are not installed in that time, the CUP could be revoked. Motion: Moved by Rempel, seconded by Mc Niel, carried, to adopt Resolution 83 -101 approving Conditional Use Permit 83 -11 with an amendment to Planning Division condition one to read that the temporary trailers are approved for 6 months, and the inclusion of an Engineering condition to read: "Prior to occupancy, application for an Improvement Agreement extension shall be submitted ". AYES: COMMISSIONERS: NOES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, JUAREZ STOUT ABSENT: COMMISSIONERS: NONE -carried - Chairman Stout voted no for previously stated reasons. Edward Hopson, Assistant City Attorney, advised that the decision of the Planning Commission is appealable to the City Council. DIRECTOR'S REPORTS 0. DEVELOPMENT CODE Rick Gomez, City Planner, presented the report and meeting schedule to the Commission. It was the consensus of the Commission that the following meeting dates be established for the review of the Draft Development Code: August 16, September 6, September 20, October 4, and October 12. All meetings will be Planning Commission Minutes -12- July 27, 1983 K 7 IV' DATA - DESIGN L,a I' a r a t o r i e o 005;,11 155 E4 TEA Aviv I • CJrAMQNGA. GAL',F09mA 91730 Q August 1983 CITY OF RANCHO CUCAMONGA ADMINISTRATION AUG 081*3 City of Rancho Cucamonga AM QM 93320 Baseline Road 71819110111XI1(2130A6 Post Office Box 807 Rancho Cucamonga, CA 91730 Attn; City Council Subject: Planning Commission Resolution 83 -101; Appeal from Gentlemen: On 8 July 1983, Data - Design Laboratories filed an application for a Conditional Use Permit for the temporary use of two (2) 1,440 square foot office trailers in the rear of its Building 3 at 7915 Center Avenue. The trailers will house the office and administrative personnel of one of Data - Design's subsidiary • companies, Siltron Illumination, Inc. This company is being relocated to Rancho Cucamonga from Gardena and will create approx- imately 25 new jobs. At its 27 July 1983 meeting, the Planning Commission approved the Conditional Use Perr,iit subject to several conditions. The Commission granted the permit for a period of six (6) months, unless extended by the Commission. Data - Design was informally advised and it was publicly stated at the Commission meeting that such permits are usually granted for a period of two (2) years. The Commission fur�h�r requires that a permanent building be completed and occupied or the trailers must be removed prior to the expiration of the permit. No such building program was mentioned in Data- Design's application nor was this condition discussed at the commission hearing, As Data- Design is only in the early feasibility planning phase for new construction, a new building cannot be in place within six months. As a final requirement, the Commission insisted on Data- De�igu filing a rec;❑ect for a six (6) month extension of an improvemont agreement orior to occupancy of tae trailers. Since occupancy was scheduled for 3 August 1983, this extension application was CITY OF rr .:,1:�(�P. 83 11 - f ttA'TZrJG\1 • RANCHO CCG\NICA( "A rITrs PLANNING DIVISION r•.NI nl;rn W SCAU: I 11 • 19 1 DATA - DESIGN LABORATORIES _�\ugunt 1983 City of Rancho Cucamonga Page Two filed on 28 July 1983. This improvement agreement, entered into by Data - Design in June 1981 as a part of the process of sub- dividing Tract No. 11428, requires Data - Design to make improve- ments to the east side of Center Avenue and to construct certain private streets inside the tract. While the formal agreement calls for completion of these improvements by a certain date, now past, the understanding by Data - Design was that these improve- ments would not be required until an additional building was constructed in the tract. Such a development might cause an increase in the traffic flow on Center Avenue and then, and only then, would the Center Avenue improvements be warranted. When Data - Design's Building 3 was constructed, prior to the subdi- vision, that portion of the internal private streets serving that building was put in place. One of the concerns of the Commission was that the relocation of Siltron would cause an increase in Center Avenue traffic over that which existed in June 1981. As a matter of fact, the total employment at Data - Design's Rancho Cucamonga facilities at 30 June 1981 was 287 persons. Because of the delays involved in obtaining approval of a tract map during 1980 and 1981 which held up application for a new building permit, Data - Design had to remove one third of its rapidly growing Rancho Cucamonga business to Anaheim, California. With the move to Anaheim of some 120 jobs, the plans for the new building in Rancho Cucamonga were scrapped. As a result of the business relocation to Anaheim, the 31 July 1983 employment level stood at 173. Even with the addition of a maximum of 39 new Siltron employees, including transfers from Gardena, the total employment will be 212. This is 75 fewer employees than in June 1981, a decrease of 268. Major street improvements are not called for at this time. It should be noted that the Commission's concern was based on one (1) letter to a City Councilman questioning a possible traffic problem. In light of the foregoing, Data - Design Laboratories appeals to the City Council of the City of Rancho Cucamonga for relief from Ranrhn Planning Commission Resolution A3-101 as follows: Condition 1 be amended to allow the temporary trailers to be occupied for a period of two (2) years from the date of occupancy, unless extended by the Planning Commission. Condition, 2 be deleted in its entirety. 'cf lirr{r "A" 1-3 n 8 Aug, -%t 1983 City i Rancho Cucamonga Page Three DATA-DESIGN LABORATORIES Condition 3 be deleted in its entirety and the Improvement Agreement for Trac= 11428 be amended to require the improve- ments to be made only when a building permit for an addi- tional building in the tract is issued. DS:mkp Very truly yours, DATA-DESIGN LABORATORIES Dominic Salvati Ex,:utive Vice President :fir' i M}i EM "�k" 0 • • 0 July 26, 1983 l Richard Dahl Rancho Cucamonga Planning Commission. 9340 Baseline Road, Unit B Rancho Cucamonga, CA 91730 Re: APN 1077- 401 -08 Dear Mr. Dahl: We are opposed to the placement of two temporary office trailers at the Data Design facility located at 7925 Center ?.venue in Rancho Cucamonga. At present Center Avenue is unable to handle the vehicles entering and exiting from the Data Design plant during rush hour periods. Curbs and gutters are not constructed on the Data Design side of Center Avenue making the street extremely narrow at this point. This, in addition to the chain link fence surrounding the Data Design facility, make it impossible for vehicles leaving the • plant to see on- coming traffic. As a result, we have had many close calls coming into and leaving our neighborhood. We feel that Data Design should be required to widen Center Avenue by constructing curbs and gutters on its portion and that it conform to current industrial zoning requirements by removing the chain link fence and landscaping the side walk area. This we feel would lessen the current and dangerous traffic situation and would aid in reducing the impact of this industrial facility adjoining a residential area. Sincerely, Jim and Sandy Stiller 10265 Ashford Street Rancho Cucamonga, CA 91730 714/980 -1753 CITY OP RA\CHO CL;CAJIONG:1 MANNING DIVISION ((O�NONTA . OEVUO MENTO PTT JUL 27 196 3 hM PM 71g 1g llp Ill 11211(213141516 ITEM c--.v.P.23- 11•i�',f(ArUey&A3 rrri.l•; ?�zc Errr'e�Pww �. Ho�«.►,>EK. L \I IIISIT� _ SC,\L1: " ,1 60!1 I'D Ill y h l 11212 Id 10 6 August 26, 1933 RANCHO CUCAMONGA CITY PLANNING COMMISSION 9340 Baseline Road Unit B Rancho Cucamonga, CA 91730 Gentlemen: We are opposed to Data Designs appeal of your previous decision. We feel that the commission is already taking a significant risk in allowing Data Design to occupy the temporary office structures without first requiring them to resolve the extremely dangerous access condition that presently exists. In addition, the blue and white, flat roofed metal offices that have been moved onto the property are extremely unsightly. We feel that if the commission had any knowledge of this eyesore they would have turned down the original request in its entirety. The Data Design plant already enjoys the luxury of operating a manufacturing facility in a residential area without meeting wny of the current zoning requirements. The addition of the office trailers only adds to their negative impact upon our neighborhood. Sincerely, JIM & SAN Y MILLER 10265 Ashfo d Street Rancho-Cucamonga, CA 91730 U L CITY OF ITL.\I: GD.P SS- fI- �KtA"Cff-I R.1 \'CIAO CL'Gi.UO \(Jr � TITLB: 8(26 fPt7W_;y�t1 �n3 tbrfEn�.k� PLANNING DIVISKYN I7\I1MIT. Ile" SCALE 1'`'3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician � ��iui.elotb Px — 1917 I SUBJECT: Appeal of Conditions for Parcel Map 8007 located on the west side of Hermosa Avenue between Wilson and Hillside Avenues requested by Janine Biane Tibbets developer On July 27, 1983, Planning Commission approved Parcel Map 8007 subject to the conditions of the attached City Engineer's Report and Resolution No. 83 -98. Janine Biane Tibbets, agent and attorney -in -fact for the owners, Philo and Jeanne Biane, has submitted the attached letter appealing the following three conditions: I 1, General Requirements and Approvals Item 711 , whiffs "Nble dwellings on Parcel 1 must be removed or . improvements for the parcel bonded prior to recording." Ordinance No. 28 -13, Section 1.702.11 and 1.702.12 reads: 1.102.11 Any requirement for the construction of improvements, and any postponement of such requirement, may be made on a lot by lot basis for each lot in the subdivision. Such requirement may be noticed by an Improvement certificate on the Parcel Map (or waiver) or by an agreement as provided in Section 1.703. 1.702.12 The City Council hereby finds that it is necessary for reasons of health and safety that all off -site improvements be constructed within a period of twelve (12) months following the recordation of a parcel map for each lot on which there exists a building or other usable structure at the time of such recordation. The foregoing provisions not withstanding, the City Council, may postpone the construction of off -site improvements to such later time as it shall, at its discretion, determine. No postponement of construction shall be granted by the City Council unless the owner of the subject parcel shall agree in writing to construct required off -site improvements at such future time as shall then or thereafter be determind by the City Council. Said contract shall create a lien upon the property to be divided as security for the performance of said agreement. Any such written contract and lien agreement shall be recorded with the County Recorder of San Bernardino County immediately subsequent to the recordation of the subject parcel map. I iq CITY COUNCIL STAFF REPORT Parcel Map 8007 September 7, 1983 Page 2 Thus a lien agreement could be accepted for the improvements to Parcel No. 1. • 2. Item d3 which reads "Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street construction." This is a standard condition to insure that newly constructed improvements are not torn up to provide for utilities and covers all the parcels. 3. Street Im rovements Item which reads "Construct the following missing improvements prior to recordation for Parcel #3 ... curb and gutter, sidewalk, pavement, trees, street lights, etc." Planning Commission recommended that City Council accept a lien agreement for the construction of street improvements on Parcel No. 3 with the understanding that the improvements would be constructed at the time of development of the adjacent Tentative Tract No. 10047 or at the time of development of Parcels No. 2 and 4. Minutes of the Planning Commission are attached. RECOMMENDATION If after consideration of all the input presented, City Council decides to waive the appealed Conditions, Staff will prepare the necessary lien agreement for the owner's signature. Respectfully submitted, n Attachments -1S • • • IJ ILIV IAl IVY PARCEL MAP N0. 8007 'IN THE CITY OF RANCHO NCAMONCA' 9ENG A DIVISION OF A PORTION OF THE EAST U2 OF THE SOUTHEAST OF SOUTHWEST ACCORDING NI LNGE 7 WESTTSAN ERNARO NO MERID AN, TO THE OFF OFFICIAL PLAT THEREOF • .LNVILLE- SANOERSCN 8 ASSOCIATES Grrl F�meer+ d yaq SwKya+ ww. AI-5i lk al-20 S=DL V w,.�.- ¢rc�¢oe unuyrcr N t. IR RESOLUTION NO. 83 -98 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8007 (TENTATIVE PARCEL MAP NO. 8007), LOCATED ON THE WEST SIDE OF HERMOSA AVENUE BETWEEN WILSON AVENUE AND HILLSIDE ROAD WHEREAS, Tentative Parcel Map Number 8007, submitted by Philo & Jeanne Biane and consisting of 4 parcels, located on the west side of Hermosa Avenue between Wilson Avenue and Hillside Road, being a division of a portion of the east 1/2 of the southeast 1/4 of the southwest 114 of Section 23, T I N, R 7 W, San Bernardino Median, according to the official plat thereof; and WHEREAS, on June 21, 1983, a formal application was submitted requesting review of the above - described Tentative Map; and WHEREAS, on July 27, 1983, the Planning Commission held a duly advertised public hearing for the above- described map. FOLLOWS: NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVED AS SECTION It That the following findings have been made: • 1. That the map is consistent with the General Plan. 2. That the improvement of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: That this project will not create significant adverse environments impacts and a Negative Declaration is issued on July 27, 1383. SECTION 3: That Tentative Parcel Map No, 3,001 is approved subject to the recommended Conditions of Approval pertaining thereto. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1983. PLAID NG IMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:A,.__, Is Dennis L. Stout, Charrman I`1 -1 Resolution No. 83 -98 Page 2 ATTEST^.'�rti, i ecretary o t e ing >o,. ' I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of July, 1983, by the following vote -to -wit: AYES: COMMISSIONERS: REMPEL, JUAREZ, BARKER, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE i1� • • C C CITY OF RANCHO CUCAMONGA . RECOMMENDED CONDITIONS OF APPROVAL LOCATION: West side of Hermosa between TENTATIVE MAP NO. 8007 Wilson Ave. and Hillside Rd. DATE FILED: 6/21/83 LEGAL DESCRIPTION: A portion of E 1/2 of NUMBER OF LOTS: 4 SE 1/4 of SW 1/4 of Section 23, TIN, R7W GROSS ACREAGE: 17,8 S.B. B. & M. ASSESSOR PARCEL N0. 201- 083 -04 DEVELOPER OWNER ENGINEER /SURVEYOR Philo & Jeanne Biane same Linville- Sanderson & Assoc. 10050 'Wilson Avenue 9587 Arrow, Suite H Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA Improvement and dedication requirements in accordance with Title 16 of the Municipal Code of the City of Rancho Cucamonga include, but may not be limited . to, the following: Dedications and Vehicular Access 1. Dedications shall be made of all interior street rights -of -way and all necessary easements as shown on the tentative map. X 2. Dedication shall be made of the following rights -of -way on the following streets: 11 additional feet on Wilson Ave. 9—additional feet on Hermosa Ave. equestrian — 13t additional feet on Hillside to proviae ut imp bo eet wide rig t -o -way. k 3. Corner property line radius will be required per City Standards. Radius 24 feet At Wilson and Hermosa. 9 4. All rights of vehicular ingress and egress shall be ded'cated as follows: 5. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all common roads, drives or parking areas shall be provided by C.C. &R.s and shall be recorded concurrent with the map. .? C( C C X 6. All existing easements lying within future right -of -way are to be quitclaimed or delineated on the map per City Engineer's requirements. 7. Easements for sidewalk for public use shall be dedicated to the • City where sidewalks meander through private property. Surety % 1. Surety shall he posted and an agreemont executed to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the public improvements prior to -recording for Parcel No. 3 and prior to building permit issuance for.other parcels. 2. A lien agreement must be executed prior to recording of the map for the following: X 3. Surety shall be posted and an agreement executed, guaranteeing completion of all on -site drainage facilites necessary for dewatering all parcels to the satisfaction of the Building and Safety Divison prior to recording for the map. Street improvements Pursuant to the OtY of Ranch Cucamonga Municipal Code, Title 16, Section 16.36.120, the subidiver may enter into an agreement and post security with the City guaranteeing the required construction prior to recordation of the map • and /or building permit issuance, 1. Construct full street improvements including, but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior streets. 2. A minimum of 26 -foot wide pavement within a 40 -Foot wide dedicated right -of -way shall be constructed for all half - section streets. X 3. Construct the following missing improvements: Prior to recordation for Prior to building permit Issuance or of er parce s Street Namef f Curb & Gutterl A. C. Pvmt. Side- Walk Or ive Street A r. Trees Street Lights A. overlay Median island* )ther Wilson X X X X X X X Fu Fee r, Hermosa X X X X X X Hillside ** X X X X X X X * includes landscaping and irrigation or meter * *Special design �� 1 ;�ction • X 4. Prior to any work being performed in the public right -of -way, fees shall be paid and an encroachment permit shall be obtained • from the City Engineer's Office, in addition to any other permits required. X 5. Street improvement plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of an encroachment permit. X 6. Developer shall coordinate, and where necessary, pay for the relocation of any power poles or other existing public utilities as necessary. X 7. Existing lines of 12KV or less fronting the property shall be undergrounded, X 8. Install appropriate street name signs, traffic control signs, _ striping and markings with locations and types approved by the City Engineer. X 9. Street light locations, as required, are to be approved by the Southern California Edison Company and the City of Rancho Cucamonga. Lights shall be on decorative poles with underground service. 10. Landscape and irrigation plans shall be submitted to and approved by the Planning Division prior to the issuance of building permit. • 11. Concentrated drainage flows shall not cross sidewalks. Undersidewalk drains shall be installed to City Standards. 19 Drainage and Flood Control X 1. Private drainage easements for cross -lot drainage shall be required and shall be delineated or noticed on the final map. X 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. The following storm drain shall be installed to the satisfaction of the City Engineer 4. Prior to recordation of the map, a hydrologic and drainage study for the project shall be submitted to the City Engineering for review. 5. A drainage detention basin per City Standards shall be constructed to detain increased runoff .. e1 r c Grading X 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted • grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application or grading plan check. 4. The final grading plan shall be subject to review and approval by the Grading Committee and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever comes first. X 5. Final grading plans for each parcel are to be subm4tted to the Building and safety Division for approval prior to issuance of building permit. General Requirements and Approvals 1. Permits from other agencies will be required as follows: anT for _ San • an Bernardino f.ounty F oo Contro District _ S Cucamonga County Water District for sewer and water San Bernardino County Dust Abatement (required prior to issuance of a grading permit) Other 2. A copy of the Covenants, Conditions and Restrictions (C.C. &R.$) approved by the City Attorney is required prior to recordation of the map. % 3. Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street constructon. X 4. Sanitary sewer and water systems shat. be designed to Cucamonga County Water District standards. A letter of acceptance is required. 5. This subdivision shall be subject to conditions of approval from Cal Trans /San Bernardino County Flood Control District, 8 6. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final map will be subject to any requirements that may be received from them. 0 X 7. The filing of the tentative map or approval of same does not guarantee that sewer treatment capacity will be available at the time building permits are requested. When building permits are requested, the Cucamonga County Water District will be _ asked to certify the availability of capacity. Permits will not be issued unless said certification is received in writing. X 8. Master Planned Trails shall be provided in accordance with the Trail Plan. AXIOI FRA. VXApXXXo) dXAXbdcXXk�XA )IQNft7tlX4XNl191AAXXXA7PJFAN7PW % zIANR %XZxpR % %za%%xxaaaAkxxxx %xXXkkx4 xxangcxxfa�dtxxwXOtxuA><xx>aR %RRNKd %NRRXN % %AXR71x1YXKRAl1 AX b�AR1dAX70RX X NAA>iJixAF %AAAAMARJF)i!X RRxRfiR XANKNXRNXXO(%xX00k(X�XX,Rx 101ARRRxXXRKXXRRXQIIXxll9f X�XIDf X RFxNMX X % %XRN%kxRNKxXRK01R %NXAXRNXRX 9. Prior to recording, a deposit shall be posted with the City coveriny the estimated cost of apportioning the assessments under Assessment District 82 -1 among the newly creatc: parcels. x 10. At the time of final map submittal, the following shall be submitted: Title Report, traverse calculations (sheets), copies of recorded maps and deeds used as reference and /or showing original land division, tie notes and bench marks referenced. x 11. Provide private easements for drainage of Parcel 1. x 12. Provide design of drainage structure to dewater Parcel 1 to asafe place of disposal to the satisfaction of the Building • Offical prirr tc recordation of the map. X 13. Construction of the drainage improvements shall be accomplished prior to any further development on Parcel 2, 3 and 4. x 14. Habitable dwellings on Parcel 1 must be removed or improvements for the parcel bonded prior to recording. 9 CITY Of RANCHO CUCWNGA LLOYD B. HUBass, CITY ENGINEER by. �'C �.cn ✓ , S 0 on Cacamon6a psn- o city dal tfornts p 0• _,mon9�• ers Fancho Out" City Co�rnci a,M� °7 Fy ant _he p1aP nd aPPr O,,d Gi tY pttentien' p. arcel met to the are Fegardin9 on forth e• it t. Sirs° anning CO tion j "tyd Je' ^tterQ'`s the 4ear the Pl the °°ndt pht ie 3o LY ii. b ect to cants tiny tht5 on rji.�n i su The aPPI t i amp Wr t and to parcel map .t, and as "Owners Repo, 'don 't ied not their inte En9ir,eers out'Of �staN ve' and q to Presently r P senan eanne L'i nert p5e It Parcels ll be retain Tae e re deli Snated ini p'h in the e Engineer rather t° parcel t1, -t Piece• th TS. pi thcu9er 4 the and; iii laPme yS• gated ° l. ion naval �r Developer, evel ov Any ° tQ gent eye erY st the aPP �i on aPP rcpo i level eP 4or subs -4 a and loPers,� inyn9 pcmmt ent. to the box resident ve a plan rcvem time e�., °thers as 7h cal imP at thi' 04 part �', •,e their ,ti ding• si t appeal ino °rcU en 4ee `we, �t ountil the o4yt iga 4Yaet we comma ,,On-. planning be dererred result the lqi ,which we ps a imP°`'ed by �Sem ou] d d sh sn 4--ndt Lions _1_s - be pees ° -�a `he Parmust bonded P" 4allow c rr-me t' ct n� �1 Frg ^�- , —_nt� And , on parse eel bl dw lltn4 is 4or r en 4t. - ,.Hint t =d or rovem q00 sQ• s rtn�'a_st mP remove 1 ed as 'n't aPPre;amate occuPt into :l recordxn9.,, o4 .. lot cr r t s a small t °tn Hi`h °p lan sou d entalh iei o4 4 he roC`c:d rnc'„ Since the at remo top a :,:t the :ant t.. mr >nrt. e re °�.' -tlre Parcel' rc'r' -- level eF se'sabl^ %•t i +t..�nent C.... tip : ^. :.a,1'. ; to each 5Cri��CB erY" •>ew"r n.0 pr UV tde `, n, +rr�m t -: un• ,d'snr: ;>nd Weed e�tnt for 'same n °t equirem- a' f th r th,iL r ".: too •, lit ": Pr -r" . ' 10e -� ,nd til :r f City o' Rancho Cucamcrr.a Fe: F'!-cel Map en'-)7 August 2. 19S7 Page Two be eliminated entirei•; for w'arcel _. ') Street Impra_emeccg _ itsh >._ Construct the following missing improvements prier tc recordation for Parcel (curb and gutter, sidewail., pa•rement, trees, streetlights, etc.) The purpose of submitting this parcel map for approval is to enable the Bianes to sell a portion of their property while still retaining their residence and winery. To force them to destroy existing landscaping, remove a significant portion of producing vineyard, and then to install the subject improvements to Parcel 3, all prior to the gale and development of at least one of the contiguous parcels would create a harsh and ugly scar on the • general environment. At the present time the front of Parcel k; is indeed pleasant to loo at. In fact, if you drive down Wilson _ at noon during the weeV, you will almost always see or 4 pc,rMvd cars on the south side. These are people who park there to ee.c their lunch because the immediate view of Parcel ::, is =o pleasant. Improving only Parcel 7 would also Create an um=-' := "poct et" of widened street between Parcels 2 and 4. It i=_ t" -'s requested that these improvements on Parcel 3 be deferred urt :l either Parcel 2 or 4 is sold and developed. I1 is my understandinq that the Planning Commi =_s_or. recommended =pproval of the above requests 1 and 3 I have _;cde•d request number 2 since that Lime. It is my hope that you wi 11 approve all three requests as compliance at this time would tic an undue hardship on Mr. Blare. Since I will be out of town cn August 17, 1 respci :t`ully reo,,.ect that this appeal be consi.:lL�red at the first meeting in Sept�rmoer. Thank you for y^nr time consideration. 3i nr.er el y. !(n•t. h one Tibbett,� agent Attorney in fart n ;'u to ..,nd Jeanne BI are ��S K. ENVIRONMENTAL ASSESSMENT AID PARCEL MAP 8007 - SIANE - A division of 17.9 acres into 4 parcels within the R­F-725—,755 zone located on the west side of Hermosa Avenue between 'dilson and Hillside - APN 201 - 083 -04. Paul Rougeau, Senior Civil Engineer, reviewed the staff report, advising that staff recommended that the first sentence of condition 8 of the City Engineer's Report, under General Requirements and Approvals be added. Chairman Stout opened the public hearing. Gary Sanderson, Linville- Sanderson, representing the applicant, addressed the Commission stating that the applicant is in agreement with most of the items listed in the Resolution with the exception of the requirement for street improvements on Hillside and the requirement for construction of a sidewalk on Hermosa. Mr. Sanderson advised that the applicant is requesting that the curb and gutter requirements for Hillside and Hermosa be waived until parcel 1 is sold. Further, tlIe applicant did not want to have to remove additional vineyards due to the dedication on Hermosa. Commissioner Mc Niel asked what the rock house is now being used for. Janine Tibbits, daughter of the applicant, addressed the Commission and replied that the rock house is now an occupied rental unit. She stated that there are no sidewalks in the area and did not understand the need for sidewalks on Hermosa and Wilson. Mr. Rougeau replied that the sidewalk is required on Wilson because it is a secondary highway and will be a route for school children in the area. However, the sidewalk requirement for Hermosa is in error and should be removed from the conditions. Commissioner Rempel if the resolution could contain a condition that the sidewalks be waived until such time as development occurs. Mr. Rougeau replied that the sidewalks could be included in a lien agreement. Ms. Tibbits stated that two rows of vineyards would have to be removed in order to do the required improvements and did not see the reasoning behind requiring sidewalks on Wilson and Hermosa. Further, the applicant would be agreeable to installing these improvements when the adjacent tract begins development, or the property is sold, as it is not his intention to develop any of the parcels. Commissioner Rempel advised that these are requirements which cannot be waived by the Planning Commission, but must be appealed by the applicant to the City Council, with the Commission's recommendation the+. they be waived. • Planning Commission Minutes -8- July 27, 1983 • / S' n • There were no further comments, therefore the public hearing was closed. Motion: Moved by Rempel, seconded by Juarez, unanimously carried to adopt Resolution 83 -98 approving Parcel Map 8007 with the deletion of the sidewalk requirement on Hermosa and the addition of the first sentence of condition 8, City Engineer's Report, under General Reno rements and Approvals. Further the Commission recommended that the City Council issue lien agreements to waive street improvements until development of the adjacent tract or if parcels 2 and 4 are built prior to the development of the tract, parcel 3 would then have to install the improvements. AYFS: COMMISSIONERS: REMPEL, JUAREZ, BARKER, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE f r + « L. Miller Avenue between future Day Creek Boulevard and Victoria Loop within the Victoria Planned Community zoned for Regional Commercial - APN 227 - 161 -27, 29, 30, 32; 227 - 171 -09, 17; 227 - 221 -2, 21. Paul Rougeau, Senior Civil Engineer, reviewed the staff report. Chairman. Stout opened the public hearing. Mr. Rawchuck, joint owner of a section of the parcel, expressed a concern regarding the 11.9 acres to be dedicated for streets and and asked about his rights as a potential property owner. Ted Hopson, Assistant City Attorney, advised that signatures of all property owners would be required prior to recordation of the final maps. At that time if Mr. Rawchuck objected to any aspect, he could refuse to sign the map. Mr. Rougeau stated that the property is in litigation and suggested that possibly staff could meet with Mr. Rawchuck and discuss his concerns. There were no further comments, therefore the public hearing was closed. Motion: Moved by Barker, seconded by Mc Niel, unanimously carried, to adopt the Resolution 83 -99 approving Parcel Map 7966. AYES: COMMISSIONERS: BARKER, MCNIEL, JUAREZ, REMPEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE Planning Commission Minutes -9- July 27, 1983 7 0 RESOLUTION NO. 83 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE H.D. COUSINS HOUSE aka CHRISTMAS HOUSE AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has adopted Chapter 9.24 of the Rancho Cucamonga Municipal Code relating to historic preservaLli n; and WHEREAS, the Rancho Cucamonga Historic Preservation Commission has investigated the historic significance of the H. D. Cousins House aka Christmas House and has held public hearings concerning the H. D. Cousins House aka Christmas House in accordance with Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation; and . WHEREAS, the Historic Preservation Commission has found the H. D. Cousins House aka Christmas House to be a significant historic feature of the City, and thereby recommends it for designation as a City Historic Landmark. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: The City Council finds and determines that the N.D. Cousins House aka Christmas House located at 9240 Archibald Avenue, has met the criteria established for designation as a City Historic Landmark, and therefore, and with the recommendation of the Historic Preservation Commission, designates the H. D. Cousins House aka Christmas House as E City Historic Landmark. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983• AYES: NOES: ABSENT: a Jon D. Mikels, Mayor 19 ATTEST: Lauren M Wasserman, City Clerk �y u • PUBLISH: August 25, 1983 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rancho Cucamonga will hold a public hearing on September 7, 1983 at 7:30 p.m. in the Lions Park Community Center, 9161 Base Line Road, to consider an Historical Landmark Designation for the H. D. Cousins House (know as the Christmas House) located at 9240 Archibald Avenue. All persons opposing or favoring the Historical Designation are invited to express their views at this meeting. Lauren M. Wasserman City Clerk 14q • is 11 STAFF REPORT a T. DATE: September 7, 1983 TO: Members of the City Council and City Manager 19i� I FROM: Jack Lam, AICP, Director of Community Development BY: Tim J. Beedle, Senior Planner SUBJECT: MORTGAGE BOND ISSUE FOR 1984 ABSTRACT: This report presents recommendations on filing an appli- cation for a new housing mortgage revenue bond issue. BACKGROUND: The previous housing mortgage bond issue was followed by considerable interest from residential developers for another issue on a city -wide basis. Staff has completed an inquiry of all developers within the City who have projects that are ready for construction during 1984. The response has shown that ten developers within the City wish to par - ticipa -e in another housing mortgage bond issue. As in the previous issue, it will be necessary for the City to make an application with the California State Mortgage Bond Allocation Committee in order to be placed on a waiting list for bond allocation early next year. The fed- eral regulations governing revenue bonds specifically for housing mort- gages are due to expire this year. However, there is a reasonable chance that the legislation will be extended into next year. Thus it is wise, should the City proceed with a bond issue, to make an appli- cation in anticipation of the continued use of revenue bonds for hous- ing mortgages. All developers within the City that have residential projects were offered the opportunity to participate in the mortgage bond issue. Ten developers have completed a program deposit application and sub- mitted a deposit fee of one -half of one percent of their reservation request. The total commitment is for $116 million, with individual requests ranging from $2.6 million to $40 million. The size of the fequest is usually scaled back by the developers or through the al- location process. Our previous issue showed that the allocation was approximately half the original request. In any case, there is con- siderable interest to pursue the mortgage bond issue in this community, Attached is a map and a description of the residential projects in this mortgage bond issue. 190 September 1, 1983 Mortgage Bond Issue for 1984 Page Two • Our experience with the previous bond issue has shown that the con- sultant team which the City used worked well with the staff and the development community in assuring an efficient and successful bond issue. It is recommended Chat this same consultant team be utilized for preparation of this bond issue. Contracts for their work will be brought to the City Council at their next meeting. As in the previous issue, the required consultant team will be made up of an underwriter, Stone and Youngberg; a bond counsel, Hall, Hill, Jones, and White; a feasibility consultant, Empire Economics; and a finan- cial advisor, Fieldman 6 Rolapo. Fees of the bond underwriter and bond counsel, will be contingent upon the successful sale of the bond issue. The fees of the feasibility consultant and financial advisor are a fixed rate based upon work and expense. As in the previous issue, all costs and administrative expense will be paid from the program deposit fee. There will be no cost to the City other than staff participation. Should the issue not proceed or legislation not be enacted for renewal of the mortgage bond issues, the deposit fees would be returned less any incurred expense. RECOMMENDATION: It is recommended that the City Council approve the attached Resolution to begin the preparation of a Housing Mortgage Bond issue which: • 1. Will direct the filing of an application and notice Of sale of $116 million bond issue with the Califor- nia State Mortgage Bond Allocation Committee; 2. direct the City Manager to certify chat the City has received one -half of one percent of their reservation request; 3. authorize the execution of program deposit agreement between the City and the developer on this mortgage bond program (attached is a copy of the program deposit agreement); and 4. authorize the selection of staff for the preparation of the mortgage bond consultant team. Re pectf 1 submitted, �1 JACK LAM, AICP Director of Community Development JL:jk Attach. Resolution • Area Map indicating participating developers Copy of ptuyram deposit agreement I r1 I 0734H r RESOLUTION NO. )�'O J A RESOLUTION AUTHORIZING APPLICATION FOR ` ALLOCATION OF MORTGAGE SUBSIDY BON25 ANO FILING OF NOTICE OF SALE THEREOF WITH MORTGAGE 80NO ALLOCATION COMMITTEE, AUTHORIZING EXECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO CITY OF RANCHO CUCAMONGA HOME MORTGAGE REVENUE BONDS RESOLVED, by the City Council of the City of Rancho Cucamonga, California, as follows: WHEREAS, Chapters 1 -5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (herein called the "Act ") authorizes cities and counties to issue revenue bonds for the purpose of financing home mortgages authorized by the Act, and the Act provides a complete, additional and alternative method for doing the things authorized thereby; WHEREAS, pursuant to the Act, the City is authorized to carry out the public • purposes described therein by issuing its revenue bonds to acquire home mortgages and by pledging such home mortgages as security for payment of the principal of and interest on such revenue bonds, and by entering into any agreements in connection therewith; 0 WHEREAS, the City proposes to undertake a Home Mortgage Financing Program (the "Program ") to purchase loans (the "Home Mortgages ") made to finance new and existing single-family owner-occupied residential units (the "Homes ") within the City and to issue Home Mortgage Revenue Bonds (the "Bonds ") to finance the purchase of the Home Mortgages; WHEREAS, to obtain an allocation to issue the Bonds within the federally imposed limit upon the issuance of mortgage subsidy bonds, the City must file, pursuant to the Costa -Marks Housing Bond Allocation Act of 1981, as amended (the "Costa -Marks Act "), a notice of sale of the principal amount of the proposed Bonds with the State Mortgage Bond Allocation Committee; WHEREAS, in addition, in order for the City to obtain such an allocation, the City must cause evidence of the deposit of an amount of money or letters of credit securing such amount, which amount shall be subject to forfeiture and application by the City to assist housing for persons of low and moderate income within the City upon the failure to sell any or only a portion of the Bonds; and 19 z. WHEREAS, developers within the City desire to provide the deposit required to be made in order fir the City to obtain such an allocation, such cepusit to be subject to the terms and conditions described in the Program Deposit Agreement in • form presented to and reviewed by the City Council with the aid of its staff; NOW, THEREFORE, II I5 HER-E. FCJNO, DETERMINED and CRC -eREC, as fcliows: '- 1. :Application to the State Mortgage Bord Allocation Committee for an allocation for the Bonds under the Costa-Marks Act is hereby authorized and approved. 2. A Notice of sale of 5116,250,000 principal amount of Bonds is hereby ordered to be filed by the City Clerk with the Mortgage Bond Allocation Committee. 3. The Program Deposit Agreements in form presented at this meeting are hereby approved for execution and the Mayor is hereby authorized and directed to execute the Program Deposit Agreements on behalf of the City with the developers desiring to participate in the City's Program on the terms and conditions therein provided. 4. At such time as the developers shall have complied with the deposit requirements of the Program Deposit Agreements, the City Clerk shall cause to be delivered to the Mortgage Bond Allocation Committee a certified copy of this resolution., together with a certificate executed by the City Manager and substantially in the form attached hereto as Exhibit A, and hereby made a part hereof, to the effect that the City has on deposit in an interest- bearing trust account or, to the extent applicable, has secured by letters of credit an amount which equals 112 of 1% of the principal amount of the Bonds requested for allocation. • 5. The staff of the City is authorized and directed to commence implementation of a home mortgage financing program in cooperation with Fieldman, Rolapp & Associates, Financial rrnsultants; Jones Hall Hill & White, A Professional Law Corporation, Bond Counsel; Stone & Youngberg, Underwriters; and Empire Economics. Feasibility Consultants. Adopted this __ day of September, 1983, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: "City Clerk 2 CERTIFICATION REGARDING NOTICE TO THE MORTGAG% ROND ALLOCATION COMMITTEE The' City of Rancho Cucamonga hereby certifies to the Mortgage Bond Allocation�Committee pursuant to the requirements of Section 50191 of the Costa= Marks Housi*g Bond Allocation Act of 1981 (the "Costa -Marrs Act "), as follows: 1. The City did by Resolution adooted on September , 1983, order the filing with the Mortgage Bond Allocation Committee of a notice of sale and request for grant to the City an allocation of mortgage subsidy bonds in the amount of $116,250,000. 2. The City has on deposit ir, an interest bearing trust account or has secured by appropriate letters of credit an amount equal to 112 of 1 percent of the dollar amount set forth in paragraph 1 hereof, which deposit is subject to the forfeiture provisions of the Costa -Marks Act. 3. The City requests the grant of an entitlement allocation or 520,000,000 and a supplemental allocation of 596,250,000. 4, The City Manager of the City of Rancho Cucamonga has been duly authorized and directed to execute and deliver this Certification pursuant to resolution of the City duly adopted on September _, 1983. A certified copy of said resolution accompanies this Certification. CITY OF RANCHO CUCAMONGA By City Manager Date: September _, 1983 Exhibit A I q v 1984 MORTGAGE BOND PARTICIPANTS • DEVELOPER PROJECT LOCATION PROJECT DESCRIPTION RESERVATION (Name and Address) (Units & Price Range) 1. Alta Loma Woods NEC Hellman & 19th Townhomes S2.6 million 3401 A E. Chapman TT 12305 S75- 85,000 Orange, CA 92669 Attn: Charles Roy 2. Crowell Ind. SEC Turner & Arrow Townhomes $5.0 million 521 N. Mountain IT 11915 S65- 80,000 Suite A 3. Upland, CA 91786 Highland E. of Sapphire Single Fam. Otchd. Attn: Jim Gray IT 9321 $90- 100,000 4. Wm. Lyon Company Baseline & Etiwanda Single Fam. Dtchd. $20.0 million 19 Corporate Plaza IT 11934 $65- 951000 Newport Beach, CA Attn: R. Frankel S. Laguna Pacific Dev. NWC Church & Hellman Single Fam. Dtchd. $7.0 million 4299 MacArthur Blvd. IT 12238 $90- 100,000 Suite 105 Newport Beach, CA *Attn: Daryl Wright 6. M.J. Brock & Sons SEC 19th & Archibald Single Fam. Dtchd $4.0 million 6767 Forest Lawn Dr. TT 11173 S85- 95,000 Los Angeles, CA Attn: Thos. Tyrell 7. Marlborough Dev..Corp SEC Archibald & Church Townhomes S20.0 million 2209 Century park, E. IT 11663 $75- 90,000 Suite 1550 Las Angeles, CA Attn: Michael Romeo 8. USA Properties NEC Feron & Archibald Townhomes $4.0 million 1801 Wilshire Blvd. IT 12090 S80- 951000 Santa Monica CA Attn: Surinder Kahlon 9. Lewis Homes SEC Baseline & Haven Single Fam. Dtchd. $40.0 million P. 0. Box 670 Terra Vista $55- 75,000 Upland, CA 91186 Attn: John Goodman 10. Anden Group NEC Arrow & Turner Townhomes 55.25 million 629 Covina Blvd. TT 12040 $70- 85,000 is San Dimas, CA 91773 11. TAC Rev. Corp. Vineyard N. of Arrow Townhomes $8.4 million 7333 Hellman S60- 85,000 Rancho Cucamonga, CA Attn: Terry Christiansen TOTAL REQUEST .2 mi ion .c 3 lu. OD -2,K, 5 t I- I J1 CO co ab 2 -1 0 M fry Z 0 2 ca 0 c 0 a. z 0 C m 1] KI v 06b4H • CITY OF RANCHO CUCAMONGA HOME MORTGAGE REVENUE BONDS PROGRAM OEoOSIT AGREEMENT This Program Deposit Agreement (the "Agreement ") is entered into this day of , 198 , by and between the City of Rancho Cucamonga (the Cis tyrand (the "Developer "): W I T N E S S E T H: WHEREAS, Chapters 1 -5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (herein called the "Act ") authorizes cities and counties to issue revenue bonds for the purpose of financing home mortgages authorized by the Act, and the Act provides a complete, additional and alternative method for doing the things authorized thereby; WHEREAS, pursuant to the Act, the City is authorized to carry out the public purposes described therein by issuing its revenue bonds to acquire home mortgages and by pledging such home mortgages as security for payment of the principal of and interest on such revenue bonds, and by entering into any agreements in connection therewith: • WHEREAS, the City proposes to undertake a Home Mortgage Financing Program (the "Program ") to purchase loans (the "Home Mortgages ") made to finance new and existing single-family owner - occupied residential units (the "Homes ") within the City, and to issue Home Mortgage Revenue Bonds (the "Bonds ") to finance the purchase of the Home Mortgages: 0 WHEREAS, the Developer is in the process of subdividing land within the City 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 Home Mortgages made with respect thereto; WHEREAS, in order to obtain an allocation to issue the Bonds within the federally imposed limit upon the issuance of mortgage subsidy bonds, the City of Rancho Cucamonga must file, pursuant to the Costa -Marks Housing Bond Allocation Act of 1981, as amended (the "Costa-Marks Act "), a notice of sale of the prin.-.ipal amount of the prapcs =.d Bonds with the State Mortgage Bond Allocation Committee; WHEREAS, in addition, the City must cause evidence of the deposit of an amount of money or a letter of credit securing such amount, which amount shall be subject to the hereinafter described forfeiture upon the failure to sell any or only a portion of the Bonds; WHEREAS, the Developer desires to provide a portion of the deposit required to be made in order for the City to obtain an allocation from the Mortgage Bond Allocation Committee, such deposit to be subject to the terms and coneitions • hereinafter described and as required by the Mortgage Bonc Allocation Corsiittee; NOW, THEREFORE, in consideration of the mutual promises herein set forth, and for other good and valuable consideration it is hereoy agreed as follows: 1. The Developer hereby reserves that portion of the proceeds of the Bonds sufficient to provide funds to purchase S principal amount of Home Mortgages to be made with respect to Homes to be constructed and sold by the Developer and with respect to existing Homes to be marketed by the Developer ana "I.-IIWIR pro rata to fund any required reserve funds and to pay Bond issuance costs (the "Reservation "). Prior to the offering of the Bonds by the underwriters to its syndicate or selling group, the Developer shall, with re;oect to the Reservation, enter into a Commitment Contract (and Reservation of runes), s"b :tantiaily in the form hereinafter reien ed to. 2. The Developer has, together with this Program Deposit Agreement, delivered cash in an amount which is not less than one-half of one percent (1/2 of 1;) of the Developer's Reservation or an irrevocable letter of credit (the "Letter of Credit "), substantially in the form attached hereto as Exhibit A, and hereby made a part hereof, securing payment to the Agency of an amount which is not less than one -half of one percent (1/2 of 1:) of the Developer's Reservation. The Developer shall be permitted at any time to substitute such a Letter of Credit for any cash previously delivered to the City pursuant to this Program Deposit Agreement and, upon such substitution, the City shall refund such cash to the Developer. 3. The total amount paid by the Developer in cash or, if applicable, the • amount secured by the Letter of Credit, is the Developer's program deposit (the "Deposit ") and, if a grant of an allocation shall be received by the City, the Deposit shall be forfeited by the Developer (in the amount and in the manner required by the Costa -Marks Act) and shall be used by the City to assist housing for persons of low and moderate income within the City in the event that: (a) The Bonds are not sold within the time period specified in the Costa-Marks Act based on the grant of the allocation for the Bonds by the Mortgage Bond Allocation Committee; or (b) After the grant of such an allocation, one day prior to the date of the expiration of any letter of credit posted by the Developer; or (c) The Developer shall fail to execute a Commitment Contract (and Reservation of funds), substantially in the form attached hereto as Exhibit "8" and hereby made a part hereof, prior to the offering of the Bonds by the underwriters to members of its syndicate or selling group, or the Developer shall fail to perform in accordance with the provisions of such Commitment Contract (and Reservation of Funds), including, without limitation, failure by the Developer to pay required program participation fees or to past required letters of credit. • f 9 (o 4. It is understood that the City will first apply that portion of the • forfeited Deposit to the payment of costs incurred in connection with the proposed issuance of the Bonds to the extent permitted under the provisions of the Costa - Marks Act. It is further understood that upon issuance of the Bonds, the Program Deposit will be credited in full toward payment of the Developer's prooram participation fee subject to the requirements of the Commitment Contract (and Reservation of Funds). 5, It is further understood that the City will use its best efforts to cause the Bonds to be sold within the period specified in the Costa -Marks Act based on the grant of the allocation by the Mortgage Bond Allocation Committee subject, in all respects, to completion of proceedings for the issuance of the Bonds to the satisfaction, of the City as the City shall, in its sole discretion, determine. The City shall be under no obligation to request any extension of the allocation by the Mortgage Bond Allocation Committee or to request waiver or reduction by the Mortgage Bond Allocation Committee in any Deposit forfeiture. The execution of this Agreement by the City shall, under no circumstances, be deemed to constitute an approval of or obligation to approve any other matter relating to the Developer which may come before the City Council or be subject to the approval of the City. 6. The cash portion of the Deposit shall be deposited by the City in an Interest bearing trust account and the interest thereon shall, from time to time as such interest shall become available, be paid by the trustee of such account to the Developer. 7. In the event that the Mortgage Bond Allocation Committee shall not have granted an allocation to the City for such Bonds by July 1, 1984, the Deposit shall • be returned to the Developer, less an amount equal to the Developer's pro rata share of expenses theretofore incurred by the City. The Developer's share of expenses shall be prorated based on the ratio of the Developer's Reservation to all reservations of the proceeds of the Bonds in the Program. IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be executed by their duly authorized officers as of the date first above written. CI-Y OF RANCHO CUCAMONGA By Mayor By nsert tit e 1 11 0664H CITY OF RANCHO CUCAMON9A HOME MORTGAGE REVENUE b,,iDS PROGRAM DEPOSIT AGREEMENT This Program Deposit Agreement (the "Agreement ") is entered into this day of 198 , by and between the City of Rancho Cucamonaa (the 'City" and (the "Developer "): W I T N E S S E T H: WHEREAS, Chapters 1 -5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (herein called the "Act ") authorizes cities and counties to issue revenue bonds for the purpose of financing home mortgages authorized by the Act, and the Act provides a complete, additional and alternative method for doing the things authorized thereby; WHEREAS, pursuant to the Act, the City is authorized to carry out the public purposes described therein by issuing its revenue bonds to acquire home mortgages and by pledging such home mortgages as security for payment of the principal of and interest on such revenue bonds, and by entering into any agreements in connection therewith; WHEREAS, the City proposes to undertake a Home Mortgage Financing Program (the "Program ") to purchase loans (the "Home Mortgages ") made to finance new and existing single- family owner-occupied residential units (the "Homes ") within the • City, and to issue Home Mortgage Revenue Bonds (the "Bonds ") to finance the purchase of the Home Mortgages; WHEREAS, the Developer is in the process of subdividing land within the City 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 Home Mortgages made with respect thereto; WHEREAS, in order to obtain an allocation to issue the Bonds within the federally imposed limit upon the issuance of mortgage subsidy bonds, the City of Rancho Cucamonga must file, pursuant to the Costa -Marks Housing Bond Allocation Act of 1981, as amended (the "Costa -Marks Act "), a notice of sale of the orin.ipal amount of the proposed Bonds with the State Mortgage Bond Allocation Committee; WHEREAS, in addition, the City must cause avidence of the deposit of an amount of money or a letter of credit securing such amount, which amount shall be subject to the hereinafter described forfeiture upon the failure to sell any or only a portion of the Bonds; r, 5 WHEREAS, the Developer desires to provide a portion of the deposit required • to be made in order for the City to obtain an allocation from the Mortgage Bond Allocation Committee, such deposit to be subject to the terms and conditions hereinafter described and as required by the Mortgage Bond Allocation Committee; C J NOW, THEREFORE, in consideration of the mutual promises herein set forth, and for other good and valuable consideration it is hereby agreed as follows: 1. The Developer hereby reserves that portion of the proceeds of the Bonds sufficient to provide funds to purchase 4 principal amount of Home Mortgages to be made with respect to Homes to be constructed and sold by the Developer and with respect to existing Homes to be marketed by the Developer and pro rata to fund any required reserve funds and to pay Bond issuance costs (the "Reservation "). Prior to the offering of the Bonds by the underwriters to its syndicate or selling group, the Developer shall, with respect to the Reservation, enter into a Commitment Contract (and Reservation of Funds), substantially in the form hereinafter referred to. 2. The Developer has, togethe delivered cash in an amount which is nol 1 %) of the Developer's Reservation or an of Credit "), substantially in the form made a part hereof, securing payment to than "ne -half of one percent (1/2 of Developer shall be permitted at any time any cash previously delivered to the Agreement and, upon such substitution, Developer. r with this Program Deposit Agreement, less than one -half of one percent (1/2 of irrevocable letter of credit (the "Letter attacned hereto as Exhibit A, and hereby the Agency of an amount which is not less 1 %) of the Developer's Reservation. The to substitute such a Letter of Credit for City pursuant to this Program Deposit the City shall refund such cash to the 3. The total amount paid by the Developer in cash or, if applicable, the amount secured by the Letter of Credit, is the Developer's program deposit (the "Deposit ") and, if a grant of an allocation shall be received by the City, the Deposit shall be forfeited by the Developer (in the amount and in the manner required by the Costa-Marks Act) and shall be used by the City to assist housing for persons of low and moderate income within the City in the event that: (a) The Bonds are not sold within the time period specified in the Costa -Marks Act based on the grant of the allocation for the Bonds by the Mortgage Bond Allocation Committee; or (b) After the grant of such an allocation, one day prior to the date of the expiration of any letter of credit posted by the Developer; or (c) The Developer shall fail to execute a commitment Contract (and Reservation of Funds), substantially in the form attached hereto as Exhibit "B" and hereby made a part hereof, prior to the offering of the Bonds by the underwriters to members of its syndicate or selling group, or the Developer shall fail to perform in accordance with the provisions of such Commitment Contract (and Reservation of Funds), including, without limitation, failure by the Oe :cl. ^_per to pay required program participation fees or to post required letters of credit. (0 Q 4. It is understood that the City will first apply that portion of the forfeited Deposit to the payment of costs incurred in connection with the proposed • issuance of the Bonds to the extent permitted under the provisions of the Costa - Marks Act. It is further understood that upon issuance of the Bonds, the program Deposit will be credited in full toward payment of the Developer's program participation fee subject to the requirements of the Commitment Contract (and Reservation of Funds). 5. It is further understood that the City will use its best efforts to cause the donds to be sold within the period specified in the Costa -Marks Act based on the grant of the allocation by the Mortgage Bond Allocation Committee subject, in all respects, to completion of proceedings for the issuance of tFe Bonds to the satisfaction of the City as the City shall, in its sole discretion, determine. The City shall be under no obligation to request any extension of the allocation by the Mortgage Bord Allocation Committee or to request waiver or reduction by the Mortgage Bond Allocation Committee in any Deposit forfeiture. The execution of this Agreement by the City shall, under no circumstances, be deemed to constitute an aproval of or before the City Council eor any othr be subjecta to the eapproval of the City eveloper 6. The cash portion of the Deposit shall be deposited by the City in an interest bearing trust account and the interest thereon shall, from time to time as such interest shall become available, be paid by the trustee of such account to the Developer. have 7. In the event that the Mortgage Bond Allocation Com�m8ittee hall si tt shall granted an allocation to the City for such Bonds by July 1, to the Developer's pro r be 4 ee Developer, eretofore incurred by the less an a nq share o expenses city. The Developer's share a of • expenses shall be prorated b t asedon Bonds tiotof the Developer's Reservation to all of the IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be executed by their duly authorized officers as of the date first above written. CITY OF RANCHO CUCAMONGA By By Trnse�t tit e '10 - CITY OF RANCHO CUCAMONGA &&-1401 MEMORANDUMt� %; f 'x August 11, 1983 1977 TO: Lauren M. Wasserman City Manager FROM: Robert Rizzo Administrative Analyst SUBJECT: Requested Residential Rubbish Rate Increase Attached please find two letters from Rancho and Yukon disposal services. They are requesting the City Council consider a 500 per month increase on residential rubbish rates to become effective October 1, 1983. The present rates would be effected in the following manner. Present Present Requested Requested Monthly 3 -month Monthly 3-month Rubbish service area rate rate rate rate • South of Banyan 6.45 19.35 6.95 20.85 North of Banyan 7.15 21.45 7.65 22.95 As you are aware, this rate adjustment is in response to the County's raising the solid waste disposal fee from $3.50 per ton to $5.85 per ton ($2.35 per ton increase), also commencing October 1, 1983. The companies' requested rate increase reflects an overall 7.8$ (500) increase, however 78% (390) of the increase can be directly attributed to the tonnage adjustment by the County. The calculation of this would work as follows: 0 Average residential customer generates 2.0 tons rubbish annually • Increase is $2.35 per ton 0 12 months in a year 2.0 (tons) x $2.35 (dump rate increase) _ $4.80 : 12 months $ .392 This would leave 110 (1.6$) for the rate increase to cover the cost of such items as gasoline, machinery, automotive parts, and other operating expenses. In regard to the present rate structure this seems to be a very reasonable request. tta A ch Attachments eat YVKO# iz�, DISPOSAL Sawa - .: `y P.O. 4oc 1 Alb Loma, California 91701 • Tdophone 17141 947 -2410 J August 5, 1983 Robert Rizzo City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, Ca. 91730 RE: Refuse rate adjustment Dear Mr. Rizzo, IFEVEIVLC CITY OF RANCHO CUCAW,,,NLA ADMINISTRATION AUG 11 1983 AM 718I91nIUI2I1I2A4V516 I As you know the County Board u. ':per%'isors increased solid waste disposal fees effective October 1, 1981 from $3.50 to $5.85 per ton. This large an increase will have a large fin- ancial impact on this company. Due to these increases, Yukcn Disposal is requesting a refuse rate adjustment of $ .50 per month for our residential customers. Please put this request on the City Council's agenda for consid- eration as soon as possible. If you have any questions or would like to meet regarding this matter, please feel free to call. Slncerel ypur / 4.'� Joseph L. Avak ion JLA /cp r 0 'a- . UJIMO DISPOSAL fl P.O. Box 959 CI�CSI MCa f Ph" (7 4) 987.37177D City of Rancho Cucamonga P.O. BOX 807 Rancho Cucamonga, Ca. 91730 CITY OF RANCHO CUCAMGNGA ADMINISTRMTION AIJG 111983 7 �S19�nI)1i1Z�112�st4�518 August 10, 1981 Attention: Mr. Lauren Wasserman -City Nanager Honora'ale Mayor and Members of the City Councilt Rancho Disposal makes application for an increase in the rate of charge for collection and disposal of solid waste from residential dwelling units inside the City of Rancho Cucamonga. The County of San Bernardino raised the disposal fee I rom 33.50 per ton to 55.85 per ton at all county land- fills commencing October 1, 1953. Attached is the County refuse rate adjustment guidelines calling for a 2.581 increase in operating costs and 352 per month increase in the residential rate to recover the added dumping cost. Please consider and approve our request to increase residential rates $.SO per month (7.81,5) effective October 1, 1983. Thanks for your consideration and cooperation. Please be aware of our continuing desire to provide the best possible service at the lowest cost to our customers. Respectfully, Rancho Disposal Service, Inc. n CCooie Burr Secretary /Treasurer ,01) • • June 27, 1983 Board of Realtors 217 East "A" Street Upland, California 91786 Attention: Nary Ellingwood, President Dear Mary: The attached amendment to the City of Rancho Cucamonga business license ordinance was prepared as a result of the concerns expressed by the Board of Realtors. • The primary purpose of the amendment is to specifically exclude indivi- dual sales representatives from the requirement to have a business license. The trade -off is that brokers will be required to pay business license taxes on all sales made within the City of Rancho Cucamonga. After many dis- cussions with realtors and brokers, it was our view that the gross receipts taxes were more applicable to brokers than to individual sales representa- tives. If you have any problems with the ordinance amendment, or if you want to discuss it, please contact me. We have scheduled the amendment for City Council consideration on Wednesday, July 6, 1983. Sincerely L'a ren M. Wasserman City Manager I.MIJ:baa attach. cc: City Council fan RASF,LINF. ROAD, SUITE C • POSTOFFICE BOX Bql • RANFIIO CICA71t1NCA, CurnRNIA 91730 (7111 sP94ea1 CITY OF RANCHO CUCAMONGA Jon 0. Mikd, • rI....iw..•... Charlee J. II Front Richare N. Dahl Phillip II. ScM1i neon M. Nh ilh, 1 . 197' s June 27, 1983 Board of Realtors 217 East "A" Street Upland, California 91786 Attention: Nary Ellingwood, President Dear Mary: The attached amendment to the City of Rancho Cucamonga business license ordinance was prepared as a result of the concerns expressed by the Board of Realtors. • The primary purpose of the amendment is to specifically exclude indivi- dual sales representatives from the requirement to have a business license. The trade -off is that brokers will be required to pay business license taxes on all sales made within the City of Rancho Cucamonga. After many dis- cussions with realtors and brokers, it was our view that the gross receipts taxes were more applicable to brokers than to individual sales representa- tives. If you have any problems with the ordinance amendment, or if you want to discuss it, please contact me. We have scheduled the amendment for City Council consideration on Wednesday, July 6, 1983. Sincerely L'a ren M. Wasserman City Manager I.MIJ:baa attach. cc: City Council fan RASF,LINF. ROAD, SUITE C • POSTOFFICE BOX Bql • RANFIIO CICA71t1NCA, CurnRNIA 91730 (7111 sP94ea1 P ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCliO CUCAMONGA, • CALIFORNIA AMENDING SUBSECTION A5 OF SECTION 5.04.290 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLAP.Ioo '" 117, MEANING OF GROSS RECEIPTS Or' REAL ESTATE BROKERS FOR THE PURPOSES OF BUSINESS LICENSE TAXES. The City Council of the City of Ran %no Cucamonga, California, does ordain as follows: SECTION i Subsection A5 of Section 5.04.290 of the Rancho C>ucam.onca Municipal Code is hereby amended to read as follows: "5. In the case of real estate brokers maintaininc an office within the city, all real estate commissions will be included when reporting the gross receipts of the business except such portion of gross receipts re- flectina sales made of real property out of the city where the outside sales are required to be reported and business license paid thereon to another community. In the case of real estate brokers maintaining an office within the city, gross receipts shall not be reduced because of any compensation paid, directly or indirectly, to a real estate sales person licensed under such broker. • In the case of real estate brokers not maintaining an uffice within the city only real estate salesmen's com- missions from sales of real property within the city shall be reported as gross receipts. ", and in all other respects, Section 5.04.290 of the Rancho Cuca;,onga Municipal Code shall remain the same. SECTION 2: Section 1 of this Ordinance shall become effective on the thirtieth day following the adoption of this ordinance, or on January 1, 1984, whichever is later, SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be pulblishod with..n fifteen (15) days after its passage, at least r : ii The Dailv _Report, a newspaper of general circula- tion, p::blic:'•ed in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. PASS£11, APPROVED, and , DOPTED this day of 1983. AYES: NOES: ABSENT: 18 ATTEST: MAYOR CITY CLERK o 'lj ORDINANCE NO. • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING SUBSECTION A5 OF SECTION 5.04.290 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLARIFY THE CEF.NING OF GROSS RECEIPTS OF REAL ESTATE BROKERS FOR THE PURPOSES OF BUSINESS LICENSE TAXES. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Subsection A5 of Section 5.04.290 of the Rancho Cucamonga Punicipal Code is hereby amended to read as follows: 115. In the case of real estate brokers maintaining an office within the city, all real estate commissions will be included when reporting the gross receipts of the business except such portion of gross receipts re- flecting sales made of real property out of the city where the outside sales are required to be reported and business license paid thereon to another community. In the case of real estate brokers maintaining an office within the city, gross receipts shall not be reduced • because of any compensation paid, directly or indirectly, to a real estate sales person licensed under such broker. In the case of real estate brokers not maintaining an office within the city only real estate salesmen's com- missions from sales of real property within the city shall be reported as gross receipts. ", and in all other respects, Section 5.04.290 of the Rancho Cucamonga Municipal Code shall remain the same. SECTION 2; Section 1 of this Ordinance shall become effective on the thirtieth day following the adoption of this Ordinance, or on January 1, 1904, whichever is later. SECTICN 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Reyort, a newspaper of general circula- tion, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this day of 1903. AYES: NOES: ABSENT: ATTEST: CITY CLERK n u • n TMn nt. n A ATOUA nr TO A T.fnATnn STAFF REPORT September 7, 1983 TO: City Manager and City Council FROM: Robert A. Rizzo, Administr2tive Analyst SUBJECT: Cable Television Status Report During the past few years, there has been very little interest on the part of cable television (CATV) companies to extensively expand service areas in Rancho Cucamonga (24% of residential units have CATV). This has been because the cost to cable the uncabled portions of the city would have been very prohibitive. Moreover, the three CATV companies operating in town (Cable TV of Alta Loma, Group W, and Acton) were granted their licenses to operate from the county prior to incorporation, and are working under a county code (Title 4, Division 2, Chapter 5, Sections adopted 12/31/76)• The City adopted this code by reference in March of 1978 (Ordinance 17). Since that time the County hai rescinded this code and adopted an entirely new CATV ordinance in June, 1982, which has been amended three times in the past year. The recent housing development resurgence has brought the potential for a greater CATV subscriber base in Rancho Cucamonga. Thus prompting interest on the part of some "non - lioensed" CATV companies to build in Rancho Cucamonga. Before these prospective companies would be permitted to proceed, a license would need to be granted by the City Council. However, the "ground rules" we have in place are outdated, and do not address the present CATV needs of the community. There are no provisions for public access programing, level of service, type of service, or many other "state of the art" features of CATV. Additionally, this county code was intended to serve the entire county and not Just the particular needs of one community. With the prospect of CATV companies wishing to serve Rancho Cucamonga, it appears to be the appropriate time to establish some definite " ground rules" specifically for our community's needs. Approaching CATV in this manner will allow Rancho Cucamonga the opportunity to evaluate the CAN needs and desires of the entire City -- seeing that CATV is available to all residents, requiring a certain "state of the art" level of service is offered, and monitoring subscriber charges. RECOMMENDATION: It is recommended that the City Council place a moratorium on granting any CATV licens_- within Rancho Cucamonga, and direct staff to develop and submit to the City Council for consideration a plan of action in proceeding with the matter of establishing a CATV ordinance aimed at serving the needs of all Rancho Cucamonga residents. '0f., LI rrmV nW PAN10T40 r.1T(.AMONCA _,�AU- STAFF REPORT Vol i y T June 23, 1983I! z F � Z 19J] J TO: James H. Robinson Assistant City Manager FROM: Robert A. Rizzo Administrative Analyst SUBJECT: Status Cable TV in Rancho Cucamonga At this time there are three (3) cable television (CATV) companies operating in Rancho Cucamonga; they are working under a non - exclusive license granted prior to incorporation by the County. This license does not specify ievels of service or define service areas. Henceforth, CATV companies are only providing service in areas where it is economically feasible (i.e., where lines exist and extension from main lines can be installed without substantial cost - -some subdivisions have been pre - wired, however do not have service because main lines are not in the close proximity and major improvements would be necessary). Additionally, under this existing license there is no way to require CATV service. The three CATV companies operating are Cable TV of Alta Loma (2,427 subscribers), Group W (948 subscribers), Acton (approximately 700 subscribers). Listed below are the services offered by each CATV company (see Appendix A for general areas of service): Cable TV of Alta Loma •17 Channel System - All local VHF A UHF - One Movie Channel (Showtime) - Video News Board - Public Notice Message Board Group N 429 Channel System - Local VHF A UHF - Four Movie Channels (HBO, Showtime, Z, - The Movie Channel) - ESPN (24 hour sports) - MfBS (Atlanta Superstation) - CCN (24 News Programming) - Public Message Board - MTV (24 hour Music "flock ") Continued.... Status Cable TV Advisory Commission Meeting C June 23, 1983 Page 2 Acton 117 Channel System - Local VHF A UHF - One Movie Channel (HBO) - ESPN (24 hour sports) - wTBS (Atlanta Superstation) - CCN (24 News Programming) The major CATV question in Rancho Cucamonga since inception has been, "How do we get CATV in "on- cabled areas?" In regards to this, we are in a "Catch 22" situation: A. City has no authority to require existing companies to cable non - cabled areas. B. Non - cabled areas are financially prohibitive for any CATV company. E C. Federal legislation to deregulate and change "ground rules" for cities granting licenses is about to become law (see Appendix B). Rancho Cucamonga's key to gaining CATV for the entire community is • development. As it stands now, our market is not large enough to attract CATV to complete the non - cabled areas. Once Terra Vista and Victoria start to take shape, then the number of potential subscribers will be sufficient to expand CATV service. HAH:mk Attachments )1 • C� cl APPENDIX A CABLE TV SERVICE AREAS (R--ho Cucamonom = Cable TV of Alta Loma I� r r rt:o w •) I., i CITY OF RANCHO CUCAMONGA GpCAAip) STAFF REPORT' - 197 August 31, 1983 TO: City Manager /City Council FROM: Jerry Grant, Building Official qL� SUBJECT: SWIMMING POOL FENCING lam/ Background: In January 1981, the City Council adopted Ordinance No. 122 which included provisions for fencing of swimming pools. (By definition, a "swimming pool is any body of water created by artifical means, designed or used for swimming, immersion or therapeutic purposes ", thereby including spas and hot tubs). The ordinance replaced prior San Bernardino County rules which allowed an enclosure 4' in height. Under the current regulations, swimming pools exceeding 18" in depth, require protective enclosure not less than 5'6" in height. The unusual height was recommended by the staff to provide maximum protection and yet provide for limited flexibility in design, considering zoning ordinance fence height limit of 6' in residential zones. In other words, the intent of the current regulations was to encourage 6' fencing but provide workable tolerances considering certain construction methods, terrain differ- entials and the zoning ordinance maximum. Since adoption of the requirements, some 700 swimming pools and spas have been installed in the city utilizing current provisions. Analysis: During review of the City Council referral, we contacted a local coutrac —r, the southwest representative of the National Spa and Pool Institute, and 11 local governmental agencies to establish current regulatory trends and to determine if pool and spa safety could be considered differentially with regard to enclosure heights. Industry contacts do not take any position as to recommend fence height, but leave the matter to legislative agencies. None of our governmental contacts consider spas and pools independently, but minimum fencing heights do vary somewhat from one jurisdiction to another. Data collected from 11 other government agencies indicate a strong majority (8) require 5' high fencing; three (3) allow 4' enclosures. Critical water depth (requiring fencing) varies to as much as 24" deep with most jurisdictions grouped at 16" to 18" depth (see attached listing). ✓l0 Staff Report Subject: Swimming Pool Fencing Page 2 Recommendation: Based upon the preponderant minimum height of 5' in • surrounding jurisdictions and the City Attorney's recommendation of uniform heights for ease of administration, it is recommended that the building regulations be revised to reduce required pool and spa fencing height from 5'6" to 5101, It has been our practice, in adopting building regulations, to advise interested industry members of pending changes so that their input may be received. A hearing date of October 19th would allow adequate time for notification and for industry response regarding the change. If the City Council is desirous of effecting a change, it would be appropriate to direct the staff to publish notice of intention to adopt the ordinance and set a date of October 19th for the public hearing. JRG: 11 '. I ! 11 • • 9/1/83 REQUIRED FENCE HEIGHTS FOR SWIMMING POOLS /SPAS :12 MINIMUM DEPTH FENCE HEIGHT CITY REQUIRING FENCE REQUIREMENT CHINO 18" 5' -0" CLAREMONT 16" 5' -0" • CORONA 24" 5' -0" FONTANA 24" 5' -0" ONTARIO No Minimum Depth 5' -0" POMONA 18" 5' -0" RANCHO CUCAMONGA 18" 5' -6" REDLANDS 18" 4' -0" RIALTO No Minimum Depth 5' -0" SAN BERNARDINO CITY No Minimum Depth 4' -0" SAN BERNARDINO COUNTY 18" 4' -0" UPLAND 18" 5' -0" :12 (% t • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RNACHO CUCAMONGA AMENDING THE MINIM'N HEIGHT FOR SWIMMING POOL FENCING The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Sec. 15.12.10 of the Rancho Cucamonga Municipal Code is amended to read as follows: Sec. 15.12. 110 Section 1107 added Swimming pool fencing. Chapter 11 of the Uniform Building Code is amended by adding Section 1107 to read as follows: Section 1107(a), Every person in possession of land within the City of Rancho Cucamonga, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which is situated a swimming pool, having a water depth exceeding 18 ", shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other structure not less than five feet (5' -0 ") in height with no opening therein, other than doors or gates, having a greater dimension exceeding four inches (4 "). Openings may exceed 4" in greatest dimension when approved by the Building Official, • provided such openings will not materially facilitate scaling the fence or other structure by children. All gates or doors opening through such enclosure shall be equipped with a self - closing and self - latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use, however, the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not he so equipped. Regufred latching devices shall be located not less than four feet six inches (4' -6 ") above the ground. The pool enclosure shall be in place and approved by the Building Official before water is placed in the pool. EXCEPTION: The provisions of this Section shall not apply to public swimming pools for which a charge or admission price is required to be paid for use thereof, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located. Section 11070). Notwithstanding the requirements of subsection (a) any fencing serving as enclosure for a swimming pool, lawfully in existence on the date of adoption of this ordinance, and meeting the requirements for fencing in effect at the time of construction of the swimming pool, may continue; however, any replacement in whole or in part shall comply with the requirements is of subsection (a). 13 SECTION 2: The Mayor shall sign this ordinance and the City Clerk shall • cause the same to be published within 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. PASSED, APPROVED AND ADOPTED this day of 1983 AYES: NOES: AACENT: ATTEST Lauren M. Wasserman, City Clerk n � al • f U . M E M O R A N D U M TO: Lauren Wasserman, City Manager FROM: Robert E. Dougherty, City Attorney DATE: August 10, 1983 RE: Swimming Pool Fences At the request of the Council I have reviewed State law and I have found no provision thereof pertaining to a City's authority to regulate the heights of fences around swimming pools. It would appear within the City's authority to reduce the minimum height of zw'.mming pool enclosure fences from 5 112 feet to 5 feet. • For ease of administration I recommend that Council consider applying a uniform height regulation to all swimming pools and spas. RED:sju cc: Jack Lain, Director of Community Development CC: Jerry R. Grant, Building Official lI5