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HomeMy WebLinkAbout1980/12/17 - Agenda Packet0 QTY OF RANCHO CL)CAM %XA CITY COUNCIL AGENLA December 17, 1980 Tt1 items submitted for the City Council agenda must be in writing. The deadline for submitting items is 5:00 p.m. on Thursday prior to the first and third Wednes- c.•y of each month., The City Clerk's office receives all such items- i. CALL TO ORDER. A. Flag Salute. 8, Roll Call: Frost, Mikels Palombo__f, Bridge, and Schlosser. C. Approval of Minutes: November 18, 1980 and November 19, 1980. 2. ANNOUNCEMENTS. . a. Thursday, December 18 at 7:00 P.M. -- General Plan Meeting. Lion's Park Community Center. Advisory Commission will meet with the Planning Commission for this meeting. b. Monday, December 22 at 7:00 p.m. -- Planning Commission Meeting. Lions Park Community Center. This meeting has been rescheduled since the time for the regular meeting is Christmas Eve. 3. CONSENT CALENDAR. `� q a. Approval of Warrants - Register No. 80 -12 -17 for $560,570.95. 1 b. Alcoholic Beverage License Application for R. Michael 3 and Pamela L. McKenna; The Hole in the Wall Deli, 9668 Base Line Road, Off -Sale Beer and Wine. n, c. Authorization for City Manager, Assistant City Manager, Finance Director, Community Services Director, and Council to attend the Employee Relations Institute, January 21 -22 in San Francisco. d, equest t set public he ring for Ja uary 7, 1981 `far ap al of P ning Commi�'rvn decisiol denying Direc�'e� Revie 80 38. 30 City Council Agenda -2- December 17, 1980 e. Release of Bonds: Tract 9440: located on the west side of Hermosa, 500+ feet B north of Banyan. Owner: Chevron Construction Co. Performance Bond (landscaping) $42,683.30 Tract 9636: located south of Lemon Avenue and west of Archi bald Avenue. Owner: Crismar Development Corp. 8 Cash Staking Bond $ 1,500.00 f. Approval of Flood Control Agreement for Deer Creek Bridges. 9 It is recommended that Council approve the agreement between the City and the San Bernardino County Flood Control district for the construction of the Deer Creek Bridges, Zone I, Fiscal Year 80 -81. g. Parcel Map 3534: Acceptance of Bonds and Agreement. 28 It is recommended that Council accept bonds and agreement for off -site improvements at 8805 Hidden Farms Road. RESOLUTION NO. 80 -112 29 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVE- MENT SECURITY FOR 8805 HIDDEN FARMS ROAD (PARCEL MAP 3534). h. Approval of Parcel Map 5130: It is recommended that Council 40 authorize the City Clerk and City Engineer to sign the subject map. The map consists of three parcels located on the east side of Amethyst, south of 19th Street. RESOLUTION NO. 80 -113 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5130. i. Agreement Extension Request for Parcel Map 5269: H 8 S 43 Properties, Inc. has requested additional time to com- plete the improvement on Parcel Map 5269 located east of Carnelian Street, north of Hillside Road. j. Acceptance of Tract Map 11461: It is recommended that 53 Council accept the subject tract map located on the north - side of 19th Street, between Carnelian Street and Beryl. Owners: Lewis Homes. • • n CJ City Council Minutes -3- RESOLUTION NO. 80 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT NUMBER 11461. k. Cash Assignment Tract 9434: The subject tract developer, Chevron, has submitted for City acceptance a $5,000 cash assignment. It is recommended that Council direct the Finance Director to sign the assignment letter on behalf of the City, thus accepting said assignment and placing same on deposit with the City. December 17, 1980 1. Purchase of Real Property by County Flood Control: The County Flood Control has declared its intention to purchase lands for use as flood control right -of -way in Rancho Cucamonga, Under Section 3775 of the Revenue and Taxation Code, the City is required to give its approval so that the property may be purchased. 4. PUBLIC HEARINGS. 56 61 A. SUBDIVISION ORDINANCE. It is recommended this item be continued 69 for first reading to the January 1, 1981 meeting. ORDINANCE NO. 28 -8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT B OF ORDINANCE 28 OF THE CITY OF RANCHO CUCAMONGA TO BRING THE EXISTING CITY ORDINANCE INTO COMPLIANCE WITH THE LATEST ADOPTED STATE MAP ACT. B. AN ORDINANCE RECOGNIZING HISTORIC LANDMARKS. 70 ORDINANCE NO, 128 (first reading) 80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNI- FICANT HISTORIC FEATURES OF THE CITY AND THERE- FORE DESIGNATING EACH AS A CITY HISTORIC LAND- MARK, City Council Agenda -4- December 17, 1980 C. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR 81 DESIGNATION AS CITY POINTS OF HISTORICAL INTEREST. ORDINANCE NO. 129 (first reading) 90 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE AGGAllOTTI WINERY, SCHOWALTER GROVE ARCHAEOLOGICAL SITE, AND THE GEORGE AND JESSIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATURES OF THE CITY, AND THEREFORE, DESIGNAT- ING EACH AS A POINT OF HISTORIC INTEREST. 0. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -02- 91 LESNEY. A change of zone request from R-1-5 single family) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa and Base Line Road, and the development of a 117 lot townhouse development consisting of 114 dwelling units. APN 202 - 182 -13. ORDINANCE NO. 130 (first reading) 124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING • ASSESSOR'S PARCEL NUMBER 202 - 182 -13 FROM R -1 -5 TO P.D. FOR 10 ACRES LOCATED ON THE NORTHWEST CORNER OF HERMOSA AND BASE LINE ROAD, E. SOLID WASTE DISPOSAL AGREEMENTS. A continued item. 125 ORDINANCE NO. 117 -A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 117 WHICH PROVIDES FOR THE CONTROL, COLLECTION, AND DISPOSAL OF REFUSE. RESOLUTION N0, 80 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF REFUSE IN THE CITY OF RANCHO CUCAMONGA. 10 City Council Agenda -5- December 17, 1980 • F. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -15: 126 LANDMARK. A change of zone from A- (limited agricultural) to R -2 (two family residential) for 12 acres located west of Beryl, south of Mignonette. APN 202- 032 -71. G ORDINANCE NO. 131 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 032 -71 FROM A -1 TO R -2 FOR 12 ACRES LOCATED WEST OF BERYL, SOUTH OF MIGNONETTE. VACATION OF A PORTION OF CENTER AVENUE. A public hearing _ on the vacation of 6 feet of right -of -way on the east side of Center Avenue between Foothill Boulevard and Church Street. The vacation has been requested by the Data Design Corp. 136 137 RESOLUTION NO. 80 -89 139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF CENTER AVENUE AS SHOWN • ON MAP NO. V -008 ON FILE IN THE OFFICE OF CITY CLERK OF THE CITY OF RANCHO CUCAMONGA. it 5. CITY MANAGER'S STAFF REPORTS. A. PROJECT ESPERANZA HID -YEAR BUDGET REpUEST. Project Esperanza is requesting 5,283 to supplement the recrea- tion and administration portion of their program. Staff report by Bill Halley. 144 B. PROPOSED SPECIAL STATEWIDE ELECTION OF JUNE 2, 1981 TO 150 DETERMINE THE FATE OF THE PERIPHERAL CANAL. Staff report by Jim Robinson. Assemblyman Russ Johnson and Senator Ruben Ayala have recently introduced legislation (AS-9) calling for a special statewide election on June 2, 1981 to determine the fate of the Peripheral Canal. Staff recommends that Council express its support for AB -9. City Council Agenda -6- December 17, 1980 • C. EQUESTRIAN /HIKING TRAILS ON FLOOD CONTROL RIGHT -OF -WAY. It is recommended that the City Council adopt the Resolution and direct staff to prepare a letter for the Mayor's signature to the Board of Supervisors asking for their cooperation in the use of the Flood Control right -of -ways for equestrian /hiking trail purposes. RESOLUTION NO. 80- 115 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXPRESSING CONCERN AND DESIRE FOR THE USE OF FLOOD CONTROL RIGHT -OF -WAYS FOR EQUESTRIAN /HIKING TRAIL PURPOSES. D. APPROVAL OF RESOLUTIONS FOR THE ESTABLISHMENT OF AN ASSESSMENT DISTRICT. Staff report by Lloyd Hubbs. RESOLUTION NO. 80- 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION AND • EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS AND EXPENSES OF SAID IMPROVEMENT. RESOLUTION NO. BO- 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. RESOLUTION NO. 80- 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT. RESOLUTION NO. 80 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REPORT UNDER THE "SPECIAL ASSESSMENT INVESTI- GATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", AND FIXING A DATE OF HEARING THEREOF. City Council Agenda -7- December 17, 1980 • 6. CITY ATTORNEY'S REPORTS. 7. COUNCIL MATTERS. A. REPORT BY COUNCILMAN MIKELS REGARDING THE JOINT FEASIBILITY STUDY ON THE FIRE DISTRICT. 8. ADJOURNMENT. lJ • RE67 CITY OF RANCHO CUCAMONGA ' WARR M VEN M V E N D O R N A M E 465C GLENDALE FEDERAL SAVING 9200 WASSERMAN. LAUREN M 4175 FROST. JAMES •�•t. OMM DEVEL ASNT C $A EMPLOY C ,EOR GE ANC Y LAB TING INC KEY EN TAL GNCO Y A 5500 LY F URBAN MGRS RDIND SHERI WATER DIST BERT INC ING CO 0 ERO INC (INS C ASSOCIATES IAN, MARK IUAY INN_ PET _ 10AYWR0 CK GOT INCA SH HOYT LUMBER CO =RSOLL ROBERT 4ND PULER SWEEPING . CITY MGT ASSOC TIME RECORDER 7R DEVEL CO COGG SUPPLY CO G ENGINEFRS L D NCIKr GEORG� SE, JOAN JILLEFSANDERSON =HORN JEr SALLY WARRANT WARR DATE NET 100rOCC.00 500.00 5CC.CC 3,486.99 509.24 1,293.67 17.62 7.321.05 1,259.50 7, 053.07 118.87 125.35 '460.CO 28.75- 38. CC- 3,4C6.CC- 1.831. 414. 32. 42. 37. 16. 45. b. 177. 581. 581. 10. 303. 121. 6, OCC. 179, 7,662.74 54r935.CO 48r 093.17 55.49 292.11 861.46 13,729.78 18.44 163.97 26.6C 1,871.42 250.00 20114.36 44.5C 12.96 2, 500.CC 31.2C 186.08 15,957.37 3.CC 45.00 260.00 252.CO 31.41 R867 CITY OF RANCHD CUCAMONGA MARR N VEN 0 V E N 0 0 R N A M E [0 TITUTE REDN INC ERT LA DIRER GIST IPING SERV D CONSTR C GRAVEL RESS E TIN EPCION CL SERVICE ASSOC ENTER MLETTER 0 COUNTY •CNORRMAN Co NANCE INC F EDISON F GAS CO PE MGT ER PNRITER SV ILL RENTAL M GXSEWING ED MAY AY PRODUCT L SERVICE 2 MARR DATE NET • 50,595.55 204.79 3,446.63 198.00 163.51 278.64 1.207.76 • 2.00 265.34 9,867.20 8r 163.13 1.398.82 1C0.CO 560.570.95 COPYbe cot da locfr­Rerurn all oplex be Net Writ. Above This line —Ter Headquarters Olney Only APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(5) 1. TYPES) OF LICENSE(S) FILE NO. department of Alcoholic Beverage Central FEE NO. 1215 O Street Sacrament., Calif. 95814 San Barusrdino OFF SILLB BEER fi HIM GEOGRAPHICAL let.'...' ..levy.. CODE 3615 A. undersigned hereby applies for ", ? ^'- ;:,a''t.q licenses described as fail..,; ^ ;. ''..yta4 ^ ' +r Dote .. .. r Issued 2. NAIPP OF APPLICANT(S) Temp. Permit Applied under Sec. 24044 Effectve Date: 7/1/80 Effective Date: MCEEHIRL R. Kiehael d faaww. Pamela L. 3. TYPE(S) OF TRANSACTIONS) FEE LICE E EEB 50.00 1LLmT1AIr 26 40 A. Name of Business The Role in the Hell Deli CT 20 5. Location of Business— Number and Street 9668 Baseline Avenue — City and Zip Code County ,rancho Cucamonga 91701 —San Bernard CEIPT NO. 90560 TOTAL S 76_4O o. m mamas, ucensea, -- -- - - -- -- r core I'l l...e ;Islay, Show Type of License 20- 30316' On 12/31/80 City Limits? ygg 8. Moiling Address (if di Ifs rent from 5)— Number and Street ff.mp)V..m) 6 ^86 Philips Hay, Rancho Cucamong8, CA 91701 Pere 9, Have you ever been convicted of a felony? 10. Have you ever violated any of the previsions of the Alcoholic Beverage Control Act or regOnlions of the Department pen raining to the Act? 11. Explain o "YES" answer to items 9 or 10 on an attachment which shall be deemed part of this application. 12. Applicant agrees (o) that any manager employed in on -sale licensed premises will have fill the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic 0everage Control Act 13. STATE OF CALIFORNIA County of ...SA9 BP,RNAFWIHO Dale 11/28180...... ...... under aural, al urr. «m ., n ehal Poe aan� .n c, and son: ly x. s In. aepli,a . a the npplira elhe al rhe a r,I— cord i 16. to,... opplu dial, ahoy ud r mote Inn appl<min , b.hal: ft. Ill., b. So, and the Ica . pain, .,pare old nrP. alh.` ma eel and Iha; eth and all of IM Iher mart. an(lil that n pun alb, 11.1 Its PulNu epelimnb M1m n r disc i. indlva Polkanr, o epplimmi IN--, ro an <andurmd undo It. lines) far vMd Ihi, oppGmrion coed.: .1 dl Iha I ml., aPpamlmn a ayes �l nde�� mmt the p of a Ica, a o lama a aV,tmmr a nd than river, 190) ..d,. ah. der .him Ill aphra ,a sled ih In. o.pa. IP . ,.f,h t far mPs e. of r mfe r m delroudear In'u, a J' of rwminar, 15c lhal IN.nnembr oPPLmtian mm then thdtann'b, .nbv Ill app4mnt e, Ih. hurs.. vll no n,ullinp liability b It.. omeno.nl, • (� /,���� 14. SIGN HERE xn"Wml_ ` ✓. /� /C /�'11,9/1•t. A /`f •��) - ) )rC LAv.- 7.�0�„ 1d/ .. .. . APPLICATION BY TRANSFEROR 1 TATE OF CALIFCDNIA County of .. Dote .. .. us&, nail, of per."..ach v.nan ,.be. drama. p s h.1ow. I nu,es ands m. nl la. r,....... o ns,., of It. mrpmor. nmmm. mudw Nn Ill. fereP r raft, app rtmian, dal, — nai,.e mew. his ndw ascluou, a , b.hmf; In manb sham, ; -1.. appamaen 1 .ndw ell ,M a wind L.n.$) dic,eed 6.1— oM t cola the applicant and�a I lamGon mdunmd an the apps paaon of Phis oPurrIkeian fell, IIf •...hn heralf, b amoo." br IN. Direct; 01 Ine ah.a 11—hr rammaea or numm.d I —s., i mad. I lisp the pn,mem of o lean a e 1.191, Ise aou enlbM . than n my days prewhrag the do, a nb;.M1 he l nd.r .,,halm n ,it (drd -ill IN. D.penm.nl a e esin u,sunh e gdwmu tale l.r ny audits, al muffew Par m defraud er inter. Pvn1.dyer of tremlers; Hl lam 'be uon.let Perei -Pan mr, h r+lMdrvan at., enter IM gelkeM .r Ave Ikme.e with m mellir, liability to the D.parlmem. -Tl]/ t' IA Nnmpill of IkaneeP 17. Siena? "(d of Licensee(,) 18, License Number (,) ■MMr .t■0t I::: League of California Cities 0300 5 ■ow`, Sacramento, California December. 1980 C.1� 0' „a WorA iogWher A N N O U N C I N G . . . . . . . . . ' `r C�cj1,x�e THE 15th ANNUAL 7- � _Iap/ EMPLOYEE RELATIONS INSTITUTE (1 n VtQ ja PSA( JANUA 1981 C'k (9 ld-t" to Holiday Inn- Golden Gateway, n Francisco TO: MAYORS, CITY MANAGERS AND CITY CLERKS IN NON- MANAGER CITIES, PERSONNEL DIRECTORS, EMPLOYEE RELATIONS OFFICERS AND CITY ATTORNEYS (Please bring this announcement to the attention of Council Members and Department Heads) The 1981 Employee Relations Institute has been designed to offer • to both elected officials and personnel officials important and timely information necessary to carry out their responsibilities. A full two days of presentations and discussions, backed up with printed material, will make this Institute very valuable for local officials. Elected officials,particularly those elected in the past year, will have the opportunity to learn in detail about the critical issues and procedures of public labor relations and the unique responsi- bilities of elected officials in that process. You will also learn about the basic circumstances in which your employee relations will likely beoccurring during the year ahead, such as the effect of the state's budget, the new legislature and court cases on local employee relations. Other sessions will offer information on more technical aspects of employee relations of which elected officials should be aware, such as potentially costly issues concerning affirmative action, retirement programs and binding arbitration. For personnel officials the Institute will offer an array of sessions concorned with such important current issues as: building the management team, handling disability retirements, negotiating with police groups and discipline and due process. A detailed outline of the Institute program is attached. To get the most from this Institute you My find it valuable to attend as a "team" of both staff and elected officials. PLEASE NOTE THE • Dr \DLINFS FOR HOTEL. RESERVATIONS AND ADVANCE REGISTRATION. 4 IAWK STREET 9ACRAMENT095614 HOTELCLAREMONT BERMELEY93705 900 WILSHIRE BLVD SUITE 702 LOSANGELES 9001] 0161444 5]90 @151843-3080 1213162 -4934 REGISTR.4TTON To facilitate the registration process you are encouraeed to register in advance and a* yelluw registration form is attached for this purpose. Should you wish to register in advance, please complete the Advance Registration Form and return it with a check or money order (please no purchase orders) in the so ropriate amount to the LEAGUE OF CA.L I}YIILN IA CITIES, CONFERENCE REGISTRATION OFFICE, HOTEL CLAREM0NT, BERKELEY, CA 94705. PO FFLCES.S THE ADVANCE AECISTAATIO,$ PAYMENT OF TP.E AEGIS..- °ATZCN FEE MIST ACCOMPANY THIS R^i7F1. At the bottom of the Registration Form is a questionnaire for those who plan to attend the meeting but do not wish to register in advance. In order for the League to make appropriate arrangements for this meeting, it is necessary that we have an accurate estimate of the number of officials who will be attending. .f you expect to attend, please fill out either the ADVANCE REGISTRATION SECTION ( retun with payment) or the ATTENDANCE QUESTIONNAIRE SECTION, and return the entire form to the League's Conference Feetstretion Office NOT LATER THAN JANUARY 9, 1981. Registration facilities will be available at the meeting ,`.or those not registering in advance. Registration facilities will scan at 8:00 a.m.. Wednesday, January 21, 1981 in the Lower Lobby area, Holiday Inn - Golden Gateway. REGISTRI,TTON 1F1 The following registration fees will apply for the Employee Relations Institute: C,TY FFICLiL . . . . . ''ES. 0ii NON -CITY PUBLIC OFFICIALS . . . ,Rr5.0O • NON-PUBLIC OFFICIALS . . . . . . .S °0.00 These. fens are inclusive of the program syllabus, programmed luncheons and other conference incidentals. HQliJ, R£SERVATIMS Too Hal.i.day Inn Golden Gateway has agreed to hnuse all del.crates and will provide meeting facilities for the sessions. When making your hotel reservations, please use the brown HOTEI, RESERVATION FORM attached which includes the. room rptes that will prevail during the meeting. If you are planning to share A room with another city official, only one Corm with both names indicated on it should be. sent in. For those planning to check in Later than 6:00 p.z. a deposit in fhe amount of the first ninht's rental or a credit card number will he remtir +d tr guarantee your accommodations. AlI rg.servntions should he received by the hotel not la: ^.r tbaa January 5, 19M. Hotel resrrlations received after this date will he on a sracc available basis. Hotel reserva- lien^, ,hould be returned directly to the Holidav Inn io:'en Gateway at the address Indicated on the fore. I-PANSMPTAI TON' '.ho Holidny Inn Colden Catewav is located at 1500 Van Ness Avenue. Free parking is available for registered guescs. Parking will he of.fa.red nt A maximum rate of $2.25 • n,r day for those attending the Institute but not staying neernight at the hotel. Fer.one flying, to San Francisco will he able to take advantage of the airporter bus arr-iire to the downtown Airlines Terminal at O'Farrell 6 Taylor Streets, which is approximately one mile from the Holiday Inn-Golden Gateway. -2- i 1981 EMPLOYEE RELATIONS INSTITIIPE PRELIMINARY PROGRAM • WEDNESDAY, JANUARY 21 8:00 a.m. REGISTRATION - Lower Lobby Level, Holiday Inn- Golden Gateway 9:30 a.m. OPENING GENERAL SESSION THE FUTURE ISSUES IN PUBLIC EMPLOYEE RELATIONS • The Financial Perspective State Fiscal Resources, Future State Support of Local Agencies, the Future of the General Economy • An Assessment of the New Legislature and Labor Relations Leadership Changes, Comnittee Changes, Legislative Strategies and Priorities * Impact of Court Decisions on Employee Relations Review of Past and Pending Cases, Court Trends, Suggestions for the Future • Labor's Outlook on the Future Economic & Non - economic Issues, Esmployment Picture, Pressures from the Membership, Priori.tiea for the 801s, Areas for • Cooperation 12:00 noon GENERAL LUNCHEON AVOIDING DISASTERS IN RETIREMENT SYSTEMS 1:45 p.m. - 4:45 D•m. CONCURRENT SESSIONS A. BASIC EMPLOYEE RELATIONS FOR ELECTED OFFICIALS The Process of Labor Relations in the Public Sector (An overview of the Myers -Mi Liao-Brown Act and the basic principles of labor relations, total compensation, agency shop and collective bargaining) The Role of the Elected Official and the Labor Relations Process (Responsibitity to the public and specific constituencies, policy guidance„ end runs) The Management Team in Public Sector Labor Relations (What constitutes the team, why it is needed, how to build and maintain it) Impasse, Mediation, Arbitration •(Explanations, pros and cons, how to prepare and deal with them) The Anatomy of a Strike -3- 1:45 p.m. - 4:45 p.m. CONCURRENT SESSION B. CURRENT ISSUES IN EMPLOYEE RELATIONS Are Disability Retirements Necessary or Desirable? • (A discussion of different approaches to dealing with an employee who becomes disabled) Promoting Safe Working Places What PERK Decisions Would Mean to Cities and Counties Negotiating Productivity - -Fact or Fiction? 5:00 p.m. - 6:30 p.m. GET ACQUAINTED RECEPTION (No Host) Evening Free THURSDAY, JANUARY 22 9:00 a.m. GENERAL SESSION ACTING AFFIRMATIVELY • Comparable Worth: Panacea or Fiscal and Administrative Nightmare • How to Avoid Discriminating: Interviewing, Promotion, Selection, Dismissal * Discipline, Documentation and Due Process (Appraising performance, record keeping, building watertight • cases, acting on the evidence, avoiding backpay awards) 12:15 P.M. GENERAL LUNCHEON BINDING ARBITRATION OF WAGES, HOURS AND BENEFITS 2:00 p.m. CONCURRENT SESSIONS A. CURRENT ISSUES IN EMPLOYEE RELATIONS The Legislative Logjam on Workers Compensation: What it Means to Local Government (The private perspective and public effect) Negotiating With Police Groups: Why are They Affiliating with National Unions? B. PREVENTIVE LAW CLINIC: INTERRELATIONSHIPS IN THE WONDERFUL LAND OF OZ (EF,OC, FEPC, FERO, OSHA, Workers' Compensation, Unemployment Insurance, Civil Rights) 4:00 p.m. ADJOURNMENT -4- 7 • 0 A A �,TV �c o e nv-un rr 11.E �11 STAFF REPORT DATE: December 17, 1980 TO: City Council and City Manager FROM: Lloyd Hubbs, City Engineer SUBJECT: Consent Calendar, Release of Bond Tract 9440 - Located on the west side of Hermosa, 500} feet north of Banyan OWNER: Chevron Construction Co. 2120 Wilshire Blvd., Suite 200 Santa Monica, California Performance Bond (Landscaping) $42,683.30 The landscaping has been installed in accordance with the approved plans and it is recommended that the City Council accept said improvements. Tract 9636 - Located south of Lemon Avenue and west of Archibald Avenue OWNER: Crismar Development Corporation 2120 Wilshire Blvd., Suite 200 Santa Monica, California Cash Staking Bond $1,500.00 Certification from Milt Madole, engineer, indicates that all final monuments have been set and he has been paid in full. Respectfully submitted, LBH: BC: j as . V • J 9 1rn STAFFVRLPORT -,DATE: December 17, 1980 F n U v TO: City Council and City Manager 1977 FROM: Lloyd Hubbs, City Engineer SUBJECT: DEER CREEK BRIDGES Replacement, Betterment and Common Use Agreement Attached for Council approval is the "Replacement, Betterment, and Common Use Agreement" with the Flood Control District covering the City's portion of the construction of bridges over Deer Creek. The proposed betterment was previously approved by the Council at its May 16, 1979 meeting (see attached memo) and funds are included in this years budget for the first $100,000. The cost included in the agreement for the total construction program have increased from a preliminary estimate of $238,660 to $358,241. This increase is due to inflation, contract administration cost for Corp of Engineers, and increased unit costs due to the cost sharing formula required by the Department of Water Resources. The agreement includes the following payment schedule: $100,000 by February 1, 1981 $100,000 by August 1, 1981 $158,241 by December 1, 1981 The remaining provisions to the agreement are identical with those involved in the Cucamonga Creek construction previously approved. With completion of this work the City will have completed these expenditures. RECOMMENDATION: In order to Complete the program approved by the City Council and recommended by the Planning Commission, it is recommended that the Council approve the Deer Creek Bridges Replacement, Betterment and Common Use Agreement. Respectfully submitted, LOH:bc Attachments lI CITY OF RANCHO CUCAMONGA MEMC)RA1DUM DATE: May 16, 1979 TO: City Council & City Manager FROM: Lloyd Hobbs, City Engineer SUBJECT: DEER CREEK BRIDGE DESIGN STANDARDS At the April 18, 1979 meeting of the City Council, the Engineering Division presented proposed bridge design standards for betterments to bridges over Deer Creek. At that time, the Council requested that this matter be referred to the Advisory Committees for review and recommendation. As a result of this review, the Advisory Committees endorsed the staff recommendation. A further review by the Planning Commission was conducted at their April 25, 1979 meet- ing. At this meeting, the Commission expressed concern that full five foot sidewalks be provided on the bridges in "North Town ". The Commission thereby requested that further data be developed on traffic and pedestrian volumes for this area. After review of this information and future land use potential for the area, the Commission voted to accept staff recommendation with pro- vision of full sidewalk improvements at 24th, 25th and 26th Streets. This would result in 5 foot sider:a 0s on each side of the ^ridge. The estimated • cost of these improvements would increase total costs by approximately $30,000. Revised bridge standards are shown on the attached table. Also, attached is Lhe original staff report submitted to the Council and the Planning Commission minutes of April 25, 1979. RECO!VENDAT IOH: It is recommended that Council approve the proposed design standards as revised by the Planning Commission. /Respectfully sub »tted, LL0y 6. HUBBS City Engineer LBH:deb • 0 4 160 S 11.2 ^0 S 20,000 Estiinat 4.5 90 L-6 EST!.'-ATED TOTAL $ 238,660 _ i 32' 33 CUC O _ IMPROVE fE ITK PROJECT VIIRS 23' cn Stre -: DEER CREEK, CROSSINGS '. OETE "; 128FT IO ;I to anrnar ^_ino HIDTH "ad and AP P P.Oi. 1: if'TE APBRID ALO:iABLE EilEa7 SWIDTHL,f1 PRWIDTHO G70fOiHY. eETTEP.FIEiiT OF AREA COST TO CITY 621D E REPLFC 20 64' 64' :en Avenue CP,OSSI :G LEiIG`.H 'w IOTH to curb curb to curb Curb Co curb current industrial area circulation study Master Plan .Revision Per curb 5' 18.25 730 5 st .000 2a, 940.000 lase! ine :?gad wD 44' Subs= ructure 94' `n nvb •._ 30' 44' S' 3 250 13,:917 41 5 3 -25 We 32' Ei.istin9 structure to remain 792 $ 13,440 rr = " "`'� 36' 32' 5' ea. side 6.0 5 r -ec 3` 3G. 5' S' ea. side 6.5 208 S 74,560 32' 30' 36' 32' 176 $ 12,320 ' 36' 32' 5' ea. side 5.5 itr =a. 31 31 ' 1 32 ' 31' 36' 32' 2.75 32 32' 2.75' 0 4 160 S 11.2 ^0 S 20,000 Estiinat 4.5 90 L-6 EST!.'-ATED TOTAL $ 238,660 _ i 32' 33 36 >Lr.. aa' 32' 2.75' 23' cn Stre -: :.0 OETE "; 128FT IO ;I to anrnar ^_ino "ad and .. 'u rner v=_nue I ;4mn -- 64' 10' 20 64' 64' :en Avenue current industrial area circulation study Master Plan .Revision Per NCtential • 4 160 S 11.2 ^0 S 20,000 Estiinat 4.5 90 L-6 EST!.'-ATED TOTAL $ 238,660 _ i REPLACEMENT, BETTERMENT AND ' COMMON USE AGREEMENT • CUCAMONGA CREEK, PHASE VII Bridge Crossings at Sixth Street, Humboldt Avenue, 24th Street, 25th Street, 26th Street, Haven Avenue and Baseline at Deer Creek, and Haven Avenue at Hillside Channel THIS AGREEMENT, made and entered into this day of , 1980, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California, hereinafter referred to as "CITY ", and SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic of the State of California, hereinafter referred to as "DISTRICT ". • WITNESSETH WHEREAS, CITY is owner of or exercises cognizance over certain rights -of -way and easements for street and highway puruoses for certain public roads, hereinafter referred to as "ROADWAYS "; and WHEREAS, the flood water of the Deer Creek and /or Hillside Channel, hereinafter referred to as "CREEK ", pose a serious threat to health, life, and private and public properties including said ROADWAYS; and WHEREAS, the United States of America by and through the United States Army Corps of Engineers, hereinafter referred to as "CORPS ", proposes to construct a flood control facility and appurtenances thereto, hereinafter referred to as "CHANNEL ", in accordance with • plans entitled Cucamonga Creek and Deer Creek Channel, hereinafter A790/05031 '� Page 1 of 8 WHEREAS, DISTRICT is willing to incorporate REPLACEMENTS and BETTERMENTS into construction; and WHEREAS, CITY and DISTRICT will mutually benefit by setting • forth herein the rights and responsibilities of each with the AREAS OF COMMON USE and with regard to construction and costs of REPLACEMENTS and BETTERMENTS. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: cnnmr nn, i CITY SHALL: 1.1 Acknowledge the right of DISTRICT, its successors, per - mittees, or assigns, to construct, reconstruct, operate, and main- tain CHANNEL for flood control and water conservation purposes and for purposes of access under, over, along, and across AREAS OF Conl,lo,d USE without need for any further permit or. permission from • CITY; provided, however, that any such use by DISTRICT and /or others specified herein, shall not endanger, interfere, or conflict with the use of ROADWAYS by CITY or the traveling public without first obtaining approval as set forth hereinafter. 1.2 Approve BRIDGE PLANS and plans as set forth in SECTION 20 Paragraph 2.3 of this Agreement. 1.3 Submit to DISTRICT, at least 30 days in advance, plans for any proposed construction, reconstruction, or maintenance within AREAS OF COMMON USE which may occupy, endanger, conflict, or interfere with CHANNEL or its functional operation, and obtain written approval from the Flood Control Engineer of DISTRICT of such plans which approval shall not he withheld, provided that the work contemplated does not or will not, in the opinion of the Flood • A790/05031 IJ Page 3 of 8 Control Engineer of DISTRICT, unreasonably conflict with, interfere • with, o, endanger CHANNEL or its functional operation. 1.4 Indemnify the United States of America and the DISTRICT, their officers, agents, and employees against and hold them free and ha imless of and from all claims and liabilities of any kind arising out of, in connection with, or resulting from, acts of omissions on the part of CITY, its officers, agents, contractors, and employees in its operation and maintenance of ROADWAYS, and /or in the performance by CITY of any work within or adjoining AREAS OF COMMON USE. 1.5 Accept full responsibility and cost for any and all recon- struction, maintenance, or operation of the REPLACEMENTS and BETTER- MENTS subsequent to transfer thereof to CITY, including that portion of street bridges lying above the plane of the soffit of the deck structure, and including roadway approaches, parapets, walkways, • and railing. Transfer of REPLACEMENTS and BETTERMENTS to CITY by DISTRICT for operation, maintenance, and responsibility shall be effective as of the date of final inspection and acceptance by Ll authori_ed representatives of CITY and DISTRICT or within ten ;10) calendar days of final inspection of CHANNEL by CORPS and DISTRICT, whichever is sooner. 1.5 Upon billing by the DISTRICT, furnish and deposit funds with DISTRICT equal to the estimated cost of the proposed BETTERMENTS as follons: a. $IOO,CCO by February 1, 1981; and b. SIC0,2C0 by Aunust 1, 1991; and c. S15!1,211 bllanne by Daremhnr 1, 19f;1. The cost of CETTER'IEL'TS shall include the desiJn Cost, office A790/05031 I Page 4 of 8 overhead, construction costs, construction engineering, and other costs directly attributable to this work incurred by DISTRICT. • Total estimated cost to the CITY is four hundred and three thousand, four hundred and fifty dollars ($403,450) as per attached cost break- down, EXHIBIT B. 1.7 Promptly pay to DISTRICT actual costs in excess of esti- mated cost of BETTERMENTS as determined by audit in Section 3, Paragraph 3.2 of this Agreement. SECTION 2 DISTRICT SHALL: 2.1 Acknowledge the right of CITY, its successors or assigns, to use AREAS OF COMMON USE in common with the public; to reconstruct, operate, and maintain public utilities, REPLACEMENTS and BETTERMENTS; provided, however, that any such use by CITY does not or will not • occupy, endanger, interfere, or conflict with CHANNEL or its func- tional operation without first obtaining approval as set forth hereinbefore. 2.2 Prepare BRIDGE PLANS, and plans as set forth in SECTION 1, Paragraph 1.3 of this agreement. 2.3 Submit to CITY, BRIDGE PLANS for CHANNEL, REPLACEMENTS and BETTERMENTS at least thirty (30) days in advance, and plans for any proposed construction, reconstruction or maintenance within AREAS OF COMMON USE which may conflict or interfere with public use of ROADWAYS or endanger the safety of the traveling public, and obtain written approval from the City Engineer of CITY of such BRIDGE PLANS or other plans, which approval shall not be withheld, provided that • A790/05031 Page 5 of 8 1s the works contemplated do not or will not, in the opinion of the • City Engineer of CITY, unreasonably conflict or interfere with the public use of ROADWAYS or endanger the safety of the traveling public. 2.4 Indemnify CITY, its officers, agents and employees against and hold them free and harmless of and from all claims and liabilities of any kind arising out of, in connection with, or resulting from acts or omissions on the part of DISTRICT, its officers, agents, and employees against and hold them free and harmless of and from all claims and liabilities of any kind arising out of, in connection with, or resulting from acts or omissions on the part of the DISTRICT, its officers, agents, contractors, and employees in the construction, reconstruction, or maintenance of CHANNEL with AREAS OF COMMON USE, and /or in the performance of any work within AREAS OF COMMON USE. 2.5 Coordinate construction of CHANNEL with CORPS. • 2.6 (a) Administer contract for construction of bridge crossings at Fourth Street, Sixth Street, Humboldt Avenue, 24th Street, 25th Street, 26th Street, and Baseline, and Haven Avenue at Hillside Channel. 2.6 (b) Coordinate construction with CORPS of REPLACEMENTS and BETTERMENTS of Haven Avenue bridge at Deer Creek herein described and transfer to the CORPS costs of BETTERMENTS paid herein by CITY to DISTRICT for that crossing. 2.7 Notify CITY ten (10) days in advance of final inspection of work encompassed by this Agreement. 2.8 Promptly refund to CITY all funds in excess of actual cost of BETTERMENTS as determined by audit in SECTION 3, Paragraph 3.2 of • this Agreement. A790/05031 Page 6 of 8 SECTION 3 IT IS FURTHER UNDERSTOOD AND MUTUALLY AGREED: • 3.1 Except as expressly set forth herein, this Agreement shall not terminate CITY'S or DISTRICT'S rights within AREAS OF COMMON USE. Both CITY and DISTRICT shall use AREAS OF COMMON USE in such manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation for damages which CITY or DISTRICT may have or may hereinafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either CITY or DISTRICT in such manner as to cause unreasonable interference with the use of AREAS OF COMMON USE by the other party. 3.2 Within sixty (60) days after determination of final account- ing and reimbursability anal7sis by Department of Wator Resources, DISTRICT shall present to CITY a statement showing detailed breakdowe of actual costs involved in the design cost, overhead, and other costs directly attributed to BETTERMENTS. CITY may audit DISTRICT'S accounting of BETTERMENT costs and verify DISTRICT'S statement of BETTERMENT actual costs, which verification will not be unreasonably withheld should such additional auditing be necessary to clarify or adjust said statement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. A A • A k ♦ A } A A790/05031 Page 7 of B 17 L i • IN 14ITNESS WHEREOF, the parties hereto have caused their respective names to be hereunto subscribed and their respective seals to be hereunto affixed by their respective proper officers thereunto duly authorized. APPROVED AS TO FORM Alan K. Marks County Counsel County of San Bernardino ATTEST: By Secretary, Board of Supervisors San Bernardino County Flood Control District APPROVED AS TO FORM By By ty IF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By Chairman, Board of Supervisors San Bernardino County Flood Control District CITY OF RANCHO CUCAMONGA By City Attorney A790/05031 Page 8 of 8 CUCAMONGA CREEK, PHASE VII • U.S. ARMY CORPS OF ENGINEERS IMPROVEMENT PROJECT COST ESTIMATE FOR CITY OF RANCHO CUCAMONGA Betterment to Bridge Structures 1. Sixth Street Bridge $24,610 Betterment width 4.0' 2. Humbolt Avenue Bridge $ 5,280 Betterment width 1.0' 3. 24th Street Bridge $22,700 Betterment width 5.5' 4. 25th Street Bridge $26,600 Betterment width 5.5' 5. 26th Street Bridge $24,150 • Betterment width 6.0' 6. Haven Avenue Bridges $28,150 Betterment width 6.5' 7. Baseline Bridges Betterment (north bridge) 13.25' $79,200 Betterment (south bridge abutments) $63,000 51 L.F. X $1,235 8. haven Avenue Bridge at Hillside Channel $ 5,400 Betterment 6.5' • EXHIBIT 8 Page 1 of 2 SUPCMRY • Bridge be 1. to constructed by Corps of Engineers Contractor a. Haven Avenue at Deer Creek 28,150 b. Humboldt Avenue at Deer Creek 5,280 c. 24th Street at Deer Creek 22,700 d. 25th Street at Deer Creek 26,600 e. 26th Street at Deer Creek 24,150 SUBTOTAL 5106,880 l0Y Contingency 10,688 SUBTOTAL $117,568 20 ", C/E & FCD Engrg & Overhead 23,514 TOTAL $141,082 • 2. Bridges to be constructed by Flood Control District Contractor a. Sixth Street. 24,610 b. Baseline (1) North Bridge 79,200 (2) South Bridge Abutments 63,000 c. Haven Avenue at Hillside Channel 5,400 SUBTOTAL $179,470 lOR Contingency 17,947 SUDTOTAI_ 5197,417 10 ": Emli neeri ng & Overhead 19,742 TOTAL $217,159 • 3. G RAND TOTAL (Total of Iteris 1 and 2) $358,241 EXHIBIT B Page 2 of 2 -4 - - - - -- —SIXTH -- 0 669.24" to Turner Ave. I 57' 57' 1 i I I 1 I 58' 58' of Common Use 1" 100 ST. -- o, SAN BERNARDINO COUNTI4 DEER CREEK FLOOD CONTROL DISTRICT, REVISIONS DWN. BY DATE AT SIXTH STREET S. G. 5 -23 -80 . f FILE NO. I III D � it i I �-n Area Or l.ommon use -4 a — 24TH - - -- /J - - -- ST p 647.46' �a Turner Are. p I� = 100' 4 I BOLT —A.T, a S. F. — D II —J{ I 56' ! 561 L— `Q Area of Common Use R. R. 8TH_ O 653.76' to Turner Rre. , — —ST. -- s. FLOOD CONTROL DISTRICT i I I I REVISIONS OWN. BY DATE li W. S. G. 1 5 -19-80 57 57 D.P. 1- 500/58a I EXHIBIT "A2" 1 100, Z� 6 26TH— - 641,03' t. 7i.,ne, Ave. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REVISIONS DWN. BY DATE W. S.G. 15-19-80 FILE NO. D. P. 1-500/59a EXHIBIT 11 A3 11 Area of Common Use ST it 4] 2, I 'V _3 of ---25TH ST.--- C� M CHURCH---- ST..— 100' 3'3' /0/' M z All I / Fri ly/ / s� a3• o1 Area of Common Use SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REVISIONS OWN. BY DATE W. S. G. 15-23-80 FILE NO. D. P. 1-500/600 F)CHIRIT as 4 1 w 0 I" = loo' — /554.72' t, BASELINE 1, Area of Common Use SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REVISIONS DWN. BY I DATE W. S. G. 5 -29 -8 j� D,P. 1- 500/61a EXHIBIT IAs w 5'DETaIL 113 100 1 / I e :,.,5 h ncz .v bh P . b R H.647 Ac' p400 a i a o SEE V/ s89.4U5s w ti ,7E7A IL yS / 402.0 e• 2js99. . `'6:✓ gn •yea',]° i 59 >� ;0�' (See D.P 1.500/45) 0 C 4, Scs REM I °= 3001 T' 862. 15' f owe ] 'r L 112 0 G9Q005 99a �.�oiol2 I 0 s�. N 4 ' •29'ge. W g5 61.,1 8 �. 63 j� Ems• RCCE55 RESLRnED— � '\ na 5., z 3 S89.20'S2'E 44.00' Detnn "a.. I I / i M ♦� -: i4^ !• j2„ /60.03 Pt n. 4b y E REM. IN EASM'T. –450'L A BUREAU POWER ANO C 161172 SE Con, Sec. 14 14 5, I— Sec l4 s3ro ` 956.63' \ SB9'46'55 "w \ \ CA• PEP\ \ \ 23 yOP ,b a�1PZg: qcC \ ' 0�\ \� 19C \ E ,' /Oa B.24' S69'4n'4�•W 't' � x • 34" 14' 38.. L - 573.95' "COURSE A'=–� 7. 295. d3' / REM 1 6.561 Ass + REM qcc ESS� i 10.119 Act RESCRVEO 2 n M YZ r I c 99b o0 99C —72. �3 Area 1 200 / \ 147.0J U F Q� 'T 1 13 24 `o J 1' D m Z Pin. _ 92 D m is j00 U Im .L \\ r a F ' SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REVISIONS OWN. BY DATE !�,°ei::' +. <r.I "" W.S.G. 5-24 -78 FILE NO. ,�RCr PAR IIL , D.P. 1.500/45a EXHIBIT IIA611 i z 6TH STREET 0 N N J i 4 I o I �L 6TH ST. C- `5.70' 1 I �L I 50, - -T-[— 5 0 .—'. 1 I I I DETAIL "A" SCALE 4 Cv "8" dcg3 °2t'OC° R = 14 11. 20' L =1067.71' SEE D.P. 1-500/48 FOR DETAIL PAR. 108 TODD (= 'b �qa —SCALE I" =300' I/ (1Hr1 —1 SAN BERNARD N COUNTY FLOOD CONTROL DISTRICT REVISIONS DWN. BY DATE J.A.C. 10-12-78 - -{D.P.I-500 /49A EXH IN @' '=7AT J z z m I Use-- ......,.. ,,11 4TH /�.,5�.93;_ STREET 1"T 866.70' SEE DETAIL "A' Y , e o- w' o P el oi. 4 ° :. ar N'P 6f D �N N \ L rI 6 C ,ry n ,.I c, ash P4 �w ._OT 7G c/ af� i7 y b \�\s9FC r j a o 0 � r 6 I ti/• Jm U \6/ 00 j4 ti y4 Lot I a o RS 34/33 �• Use-- ......,.. ,,11 4TH /�.,5�.93;_ STREET 1"T 866.70' J • STAFF REPORT DATE: December 17, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Bonds and Agreement Mr. John F. Crane IV, has submitted bonds and agreement for the off -site improvements at 8805 Hidden Farms Road (Parcel Mao 3534, Parcel 2). The attached resolution is for the acceptance of the bonds and agreements in the following amounts: Faithful Performance $2,600.00 Labor 6 Material $1,300.00 RECOMMENDATION It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept said agreement and security on behalf of the City. Respectfully submitted, ��s�ubbm�itt ed, V LBH:BK:jaa Attachments m RESOLUTION NO. 80 -112 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 8805 HIDDEN FARMS ROAD. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration and Improvement Agreement executed on October 27, 1980, by John F. Crane IV as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at 8805 Hidden Farms Road. 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. WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient improvement security, which is identified in said Improvement Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said improvement security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf • of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, ADOPTED this day of , 1980. AYES: U NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk N Phillip D. Schlosser, Mayor i CITY OF RANCHO CL'C,C10 ::GA • IMPROMIENT AGREE;;EGI (Planning Commission Resolution No. KNOW ALL MEN BY THESE PRESE::TS: That this agreerent is made and entered into, in conformance with the provisions of the Municipal Code and Regula- tions of the City of Rancho Cucamonga, State of California, a municipal cor- porucion, hereinafter referred to as the City, by and between said City and John Crane her elan.[er referred to as [ha Developer. WITNESSETH: TY_4T, '�?iEREAS, pursuant to said Code, Developer has requested approval by the City of, 8805 Hidden Farms Rd in accordance with the provisions of the report of the Carrmunity Development Director thereon, and any amendments thereto; locatedon they /8 Hidden Farms Road E/0 Carnelian (PM 3534, Parcel 2) and, • I &I RL15, the City has established certain requirements to be r.•et by said developer prior to granting the final approval of the development; and MEREA.S, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval; fi0'd, THEREFORE, it is hereby agreed by and between the City and the Developer as follows: The developer hereby agrees to construct at developer's expense all improvements described on page 3 hereof within one year frog the date hereof. 2. The term of this agreement shall be one g year , commencing, on the dale of execution hereof by the City. This agrvemmrt shall be iu default on the day fellawin; the last day of the term stipulated, unless said term has been extended as hereinafter provided. 3. The Developer may request additional time in which to complete the provi- sions of this agreement, in writing riot less than four weeks prior to the default late, and including a statement of circumstances of necessity for additional time. In consideration of such request, the City reserves the right to review 111e prnyision5 hereof, inclu:!ing construction standards, ccst eitimnte, and sufficiency of the improvement security, and to require a'ju.stawnrs thereto when warranted by substantial changes therein. 4. If the Developer fails ar neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provi- sions to be completed by any law­"_�eans, and thereupon to recover from said Developer and /or his Su rct full cost and expense incurred in so 5. Encroachment permits shall be obtained by the Developer from the office of the City Engineer prior to start of any work within the public right of way, and tho developer shall conduct such work in full compliance with the regulations contained therein. Non — compliance may result in stopping of the work by the City, and assessment of the penalties provided. • 6. Public right of wa y improvement work required shall be constructed in conformance with approved improvement plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall include anv transitions and /or other incidental work deemed necessary for drainage or public safety. RCE12A • J Page 2 ULPR0VQlFNT Acer :FMl Nl' • 7. Wu rk dune within existing{ streets shall he dig igcOLLy pursued to comple- tion; tile. City shall Inve the right to cnmplcto .v, g and nll work in the CVCnL of unj us of Led delay in comp l e L inn, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 8. The Developer :h.ill be responsible for replarrment, reloeatfon, or ro- muval of any component of any irrignlion water sy.teri in conflict with the required wort: to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall Pe responsible for rumoval of all louse rock and other deln•is from the public right of way resulting from work done on the adja- cent property or within said right of way. 10. The Developer shalt plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee conpletiun of the terms Of this ngreemont shad be subject to the approval of toe City u Attrnoy. The principal amount of said improvement security shall be not less than the amount shown below: Foi.i.:ul Per fo Cnianu, Soud . TYPE SURETY/ACLNT PRINCIPAL AMOUNT $2,600.00 Material and Labor Bond 51,300.00 IN Wf Th LSS HLM1 OF, the parties hereto have caused [hero presents to be duly executed and icknowlodgcd with all formalities required by law on the dates set forth apposite their signatures: DEVI' MER Ofir tiG DATE: /o - i 41 WIT ;!;S: _ U �N n / '2�iy��9�1.i. DATE: CITY OF RANfJIU cuf,,1,•ttlscA, omuet But, e 302 .. . CI'I -i of RA`(1N') rX(;A:1W;(;A CONSTRUCTION AND 90ND ESTIMATE ENCROACHMENT PER)tIT FEE SCHEDULE (Attach to "Inspector's Copy ") DATE: 10/20/80 PERMIT NO. COMPUTED BY J. L. Martin • File Reference 8805 Hidden Farms City Drawing No.s Not yet submitted NOTE: Does not include current fee for writing permit or pavement replace- ment deposits. CONSTRUCT101 COST ESTIMATE ITEM QUANTITY WIT I UNIT COST 5 AMOUNT P.C.C. n,irh - a" r. F. 1 T_ F.— P.C.C. Curti only q" C.F. 1_ F. A.C. Bern (5J.O0 pin) 1_ F, 4" P.C.C. Si,!ewalk S. F. 5" nrive Anpronch S.F. N" '.C.C. Crass 'lnttcr S4 F. Street Excavation C.Y. Imported Embankment ("Y. Preoaratinn of Suherade S.F. Pt, -.. 4„ -,,, nn ., n thick) 5.F. A. C. over 1100 tons) 'ro: A,C„ (9n0 to 1700 cons) TON n r (,.;.,j, Snn rp 9(lq ronsl TON - �' tii. i'O 'Grp Patch A.C. rrenrh) S.F. ' I" Thick A.C. t *:nrlav S.F. \d lust <c,mor C.r. to Crade EA. Adl„,t '•gin t,•r Val:, to !:rack FA. i F.1. <t mn' Si rn< EA. S'r"••f Trrrs EA. 1 PP.TATITllo lb\LLS 1 1., i', 1. r'1- :.6[,I ; . L.CIIIS ('.Ai'4. I i:Ii IGA'f iU)1 1..6. • n U Ll 'w • 1 ac ,a 10. UU INSPECTION FEES ITEM OUANIITY 1UNIT I UNIT COS AN " NT CONSTRUCTION INSPECTION - of Construction Cost Estimate L.S. I,. A. L. q. PER`TANE::C PAVEMEM REPLACEMENT STORE MATERIAL IN RIGHT -OF -WAY E,1. I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . $2,316.00 II. COMPACTION TEST FEES . . . . . . . . . . . . . . . . . . . . .$ III. 10' CONTPiGENCIES . . . . . . . . . . . . . . IV. DESIGN FEES (107. of Total Construction Cost Estimate) . . $ TOTAL . $2,517.00 Faithful Perfomance Bond - $2,600.00 - Material and Labor Bond = $ 1,330.00 Maintenance Bond = $ Cash Monumenting Deposit = $ RCE22E 3 Bond# L05- 058303 • FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and John F, Crane IV (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated October I ; 19 80 and identified as project 8805 Hidden Farms Rd. WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and Balboa Insurance Company , as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called . "City "), in the penal sum of two thousand and six hundred Dollars ( 2,600.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, execu- tors 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 eer,form the covenants, condi- tions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall became 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 shall be included costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. - 3S • • n U • Ttie ety her, r upuia ana Ana' 1 1". - , � .- tension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the spec- ifications accompanying the same shall in anywise affect its oblications 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 principal and surety above named, on October 27 19 BO John F. Crane IV RCE27 Balboa Insurance, Company A.E. Lee Attorney in fact 34 i Bond# L05- 058303 L LABOR AND MATERIALMEN BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and John F. Crane IV (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated October 14 19 80 , and identified as pro- ject G Hidden FFa rms Rd. WHEREAS, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW THEREFORE, said principal and the undersicned as a corporate surety, are held firmly bound unto the City of Rancho • Cucamonga and all contractors, subcontractors, laborers, material - men 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 one thousand and three hundred Dollars ($1,300.00 for materials furnishLd or labor thereon of any kind, or for amcants due under the Unemployment Insurance Ac*_ with respect to such work or labor, that said sarety will pay the same in an amount not exceeding the amount hereinahove set forth, and also in case suit :s broucht upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, 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 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 bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. • - 37 4 , _. r'le tension of time, alteration 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 notice of any such change, extension, alteration or ad- dition. • IN WITNESS WHEREOF, this instrument has been duly executed by tOhe principal and surety above named, on October 27th John F. Crane IV Balboa Insurance Company A.E. Lee Attorney in Fact RCE24 J n LJ 3S' BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 4049 GPA POWER OF ATTORNEY VALID • GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Afen by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint A.E. LEE of San Bernardino and State of California its true and lawful Attornev(td in-Fact, with full power and authority hereby conferred in its name, place end stead, to execute, acknowledge and deliver and to bind the Company thereby as fully and to the same extent as if Such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attornev(s) -im Fact may do in the premises. Said appointment is made under and by authority of the following resoiution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resnlred. that the President, any Vice President, any Secretary or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-m Fact to represent and act for and on behalf of the Company subjeet to the following provisions'. •'Seen.... 1. AttonlepnrFacL Attorncy-m Fact may be gisen full power and authority for and in the name of and on • behalf of the Company'. to execute. acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of mdemm tY and other conditlanal or ohbeetaty undertakings and any and all nutices and documents canceling or termmaung the Company's Itahllos thereunder, and any' such instruments sit executed by any such Attorney +m Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary" Balhoa Insurance Company has caused these presents to he signed by its Senior .iCtJgA its corporate seal to be hereto affixed this_ 7th day of m� °2j BALBOA IASUR,j7 /G �, CLi ?1P Y _ B Incorporated Fe b. 6, 1948 yam' I Slate of Cahl'orn'A j County n( Orange On this 7th &7� •lulY _, A.D. 19L O., before me personally came William Pai¢utt to not known, who. being by me duly sworn, did depose and my, that he resides in -- Mission Vieict ,California that he is Senior Vice President of BALBOA INSUWWCF. COMPANY, the company described In and which executed the ahove IT slnlntent. 11111 he knows the seal of said ('rimpany. that the seal alfixed to said instrument Is such corporate seal, That it was vi atlleed hs order if Iite BnaN of Ouectrirs nl said Compa /nY and That line signed his Fault thereto by like oldeer. of FICIALSEAL li R�.2-l. A KIMBERLY A, FORREST Nnrury Aablm —•`K` NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY fomml salon Sieves Aug 22, 1963 :F? 7 7 L ,ITV nU n A Nr ( T re NAnvcn STAFF REPORT DATE: December 17, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Parcel Map 5130 The subject map is submitted by Barrie B. Cohen to divide .6 acres into 3 lots located on the east side of Amethyst Street 1097 + feet south of 19th Street. Required offsite improvements for Amethyst Street have been constructed. It is recommended that Council adopt the attached resolution approving Parcel Map 5130 authorizing the City Clerk and City Engineer to sign the map and forward it to the County Recorder. Respect /fullytl submitted, LBH:BK:jaa Attachments "! V . RESOLUTION NO. 80 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5130. (TENTATIVE PARCEL MAP N0. 5130) WHEREAS, tentative parcel map number 5130, submitted by Harrie B. Cohen and consisting of 3 parcels, located on southeast Amethyst, south of 19th Street, being a division of a portion of the south one - half of the west one -half of Lot 2, Block 8, map of Cucamonga Homestead Association Land, recorded Book 6, Page 46 records of San Bernardino County, State of California was approved by the City Engineer of the City of Rancho Cucamonga; and, WHEREAS, Parcel Map Number 5130 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 5130 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 day of , 1980. AYES: NOES: ABSENT: ATTEST: Phillip D. Schlosser, Mayor Lauren M. Wasserman, City Clerk 41 FO.NA B rAG rFNrAr/vf ( RCEL MAP W. 5130 IN THE C ?), OF RANCHO CUCAMONGA BEING A SUBO'VISION OFA PORr/OV OF THE SWYH ONE -NALF OF rHE WEST OVE- H4LFLFLOr2, BLOCK B, CWAMONGA HO/ESrEAO ASSOOAT/ON LANDS M.B. 6146 N)NETEENTH STREET _ ,/, NB9°44'4l "E 700' N89 °a 46 E /3A7.06' I FO. NAIL �Fv CSAL FO. SPIKE FD.2 1.P ��I��FO. / °/q ... ,...,� MONTE VISTA STREET NB9 °5720 "W 1905.65' GENERAL NFO.RMArION rHERE IS HOUSE UNDER CONS r. ON PARCEL / OTHERWISE WE S1rE15 VACANT HAS NO EXIST TREES /S Bp1N0.fO OV rHE NOR rH BY AN EXIS r AESIO£NCE, ON rNE EAS 1'8r A MOBILE HOAE PARX ANO ON rHE SOUTH BY ANOrHER SINGLE FAMILY RESDENCE. 41 PRESENT ZONING IS R/ • PROPOSEO LAND LASE/ CONSr. OF SINGLE FAMKY-RESIDENCES WLu iQ SHEET 2OF2, state: 1' =60' FEB. 1980 SURVEYOR PHIL K. MOSL£Y 1033 E ROSEWOOD Cr ONTARIO, CA. 91764 (714) 984 4702 O � P, i FO 2"i /J -�JOO � m L h m PAR EL W62 5F) 9 0 1 I N*9°4C'OO°f 150 �� N 9/47 SF $a3 }�r'�L NB9°40'OO"E / .00' N 3 b !9,1661 SF i ,+445 b yl 15000' NB9 58-67E 183.00' I ((ll I "L4 b � � FO 2 15010 - 12730, Ill \ NB9 °58'57 °E /406.07' ��I��FO. / °/q ... ,...,� MONTE VISTA STREET NB9 °5720 "W 1905.65' GENERAL NFO.RMArION rHERE IS HOUSE UNDER CONS r. ON PARCEL / OTHERWISE WE S1rE15 VACANT HAS NO EXIST TREES /S Bp1N0.fO OV rHE NOR rH BY AN EXIS r AESIO£NCE, ON rNE EAS 1'8r A MOBILE HOAE PARX ANO ON rHE SOUTH BY ANOrHER SINGLE FAMILY RESDENCE. 41 PRESENT ZONING IS R/ • PROPOSEO LAND LASE/ CONSr. OF SINGLE FAMKY-RESIDENCES WLu iQ SHEET 2OF2, state: 1' =60' FEB. 1980 SURVEYOR PHIL K. MOSL£Y 1033 E ROSEWOOD Cr ONTARIO, CA. 91764 (714) 984 4702 0 • • STAFF R-E, PORT v DATE: December 17, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Agreement Extension Request for Parcel Map 5269 Due to the adverse economic environment, H s S Properties, Inc. has requested additional time to complete the improvment on above subject parcel map located east of Carnelian Street, north of Hillside Road. H 6 S Properties, Inc. received final approval and City Council acceptance of Improvement Agreement and Letter of Credit on January 16, 1980. The Letter of Credit in the amount of $40,500 expires October 31, 1981, the Improvement Agreement expires on January 16, 1981. RECO?LMENDATION It is recommended that the City Council approve a six (6) month extension of the improvement agreement Respectfully submitted, LBH:BK:jaa Attachments 0 A P?L[CA:,'. J L, U Ult4 I'LA II'iG l7htENf 01 S 10,7// ' _ � �r.,. ! - , tern ( ?n /•t n d•d Rc.r (� _ _ t 1� 21 'Ifrr,R'r., 1�I.V1 I Soil• 7i & S �zofxztiee, Sire. 1030 NEPTUNE LEUCADIA CAUPORNA 91034 7141 7519336 November 25, 1980 Mr. Lloyd Hobbs City Engineer City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Subject: Improvement Agreement (Parcel Map No. 5269) Dear Mr. Hobbs: Due to the adverse economic environment that has prevailed during the past several months, H 6 S Properties, Inc. will need additional time to complete the improvements described on page 3 of the subject agree- ment (a copy is included with this letter). Adequate provision for funds has been made and all improvements will be completed during 1981. Hs S Properties hereby requests additional time, as outlined in Item 3 of the agreement, in which to complete the improvements. Your favorable response to this request will be greatly appreciated. Sincerely, M�[�/ns -.J, D. V. angler A DVS: j In cc: Gary Hooker Cary Saxe Wells Fargo Bank 100 South Euclid Avenue Ontario, Calif. 91761 q a G ors' 2 1J E 0 CITY OF RANCHO CUCAMONG,A COMMUNITY DEVELONMENT DEPT. h;N 2G 1980 AM PM 7La191bLllL1211L2(3L4L516 Q • • 0 CITY OF RANCIIO CWCfJIU1iGA • IMPRUMENT AGREENEIIT • (PARCEL 11AP NO. 5269 ) KNOW ALL MEn DY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Punicipal Code and Regulations of the City of Rancho Cucamonna, State of California, a municipal corporation, hereinafter referred to as the City, by and between said City and H E S Pro en rties, Inc. hereinafter referred to as the Developer. WITNESSETH: THAT, WHEREAS, pursuant to said Code, Developer has requested approval by the City of, Parcel Mao Plumber 5259 in accordance with the provisions of the report of the City Engineer thereon, and any amendments thereto; located east of Carnelian Street and north of Hillside Road;' 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 aocro:ed by the City 1,ttornpy, are ez-nd 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: I. The Developer hereby agrees to construct at Developer's expense all improvecents described on Page 3 hereof within twelve months from the date hrrenf. 2. The term of this agreement shall be twelve months commencing on the date of execution hereof by the City. This agreement small be in default on the day following the last day of the term stipulated; unless said term has been extended as hereinafter provided. 3. Thd Developer may request additional tine in which•to complete the pro- visions of this agreement, in on-iting not less than four weeks prier to the default date, and including a statement of circumstances of necessity for additional titre. In consideration of such request, the City reserves the rlaht to review the provisions hereof, including construction standards, cost estirate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by suhstantial channav thc.cin t and tl,e I z t,h^ r^- C''JIlatiolls T)TT'u 4["j -I— •'j. ''I - r p;) imj of the work hy tT'�,_ City, and r; f`,', -r IT II IT d TIZI I r n I '- I -A a . � ttlreavc;lc;+r nr.Rr.ernrtr • 7. Work dnnc within oxisting ::trcpt:: shall be dilig' oily pursnod to cmnpin- t1n1l; Line City ^hall have the ril'•ht Ln runq.loto arc .Inl all work In the event of ulljusLified dOlny in anopletiOn, and to rveovvr all cost :nd expense incurred from the Developer mud /Ur his contractor by any LawfoL means. R. The Developer shall be responsible fol rcplareMeuL. relocation, or re- moval of any component of any irrii;alion water syslnm in n.nnfliet with the required work to the satisfaction of the City Engineer and the owner of. the water system. 9. The Developer shall he trzpOnsible for rriv.val of n11 tOOSn rock and Other debris from the public right of gray rurtulting fron work done on the adja- cent property or within said right of way. 10. The Developer shall plant :md maintain parkway trees ns directed by the ' Community Development Director. 11. The improvement security to he furnished by Lhe Devclnpor to gnnrantoc completion of the terms Of this ngrcemcnt shall be suhirCt to the approval of the Citv Attorney. The principal nmonnt of said imptovement security shall be not less than the amount shown below: . IKPROVEaJZIT SECURITY SUIi@IITTED: Faithful performance bond • TYPE SURELY /AGENT PRINCIPAL AMOUNT $ 40,500.00 Piaterial and Libor Bond $ 40,500.00 IN WITaESS dEREOF, the pnrtios hereto have caused thesr presents to he duly executed and acknowledged with all formalities required. by law on the dates set forth opposite their signatures: 6Y BY WI r1 U V DATE: ,y Q- gr DATE: /- 17- o DATE: /— "Y - 43 y A0nNS4R't1C7TON A::r M:31, ESTWATE ENCROACHMENT PEM'IT rEr. (Attach to "Inspert-r's copy") DATE: Auclust 20, 1979 PERMIT NO. COMPUTED BY J. L. Martin File Reference Parcel Man Me. 5269_ City Drawing No.s • NOTE: Does not include current fee for writing permit or pavement replace- . ment deposits. CONSTRUCTION COST ESTIMATE ITEM 1011AMMY I 1INTY I T i I 'r ( ;n !; T S A!!(111!:T_ CRAT)r. R!C11r OF WAY I I S. I q-y. s 5 op,00 RFMIYVAIA, A.C. 1 3.094 1 1 ... S. .35 1 022.90 A. C. PAVEMENT 36,854 1 s.F- .43 15 .847. 22 A. C. BERM 353 1 I..1'- 3.00 1,059.00 CURS & M;M.R 2.209.31 !,.7. f 5.00 1, nag GROSS GUTTF.. PAIMFEL 833 S.F. 2.40 1.951.20 SIDEWALK S.F. I DRIVE AHROACHES - residential S.F. CRUSHED MICREGATE BASE S.F. STREET T,Tr,!!T.q F.A. 2" X 4" R!7q�;OOD HE,%DER T.. F. STREET SIGNS 3 M 100-00 300.0n R.C.P. I.. F. CATCH BASIN EA. OUTLET �A, a C. 9 1d7 S.F. 1 .12 1 11-1!84 REFLECTORS 3 EA. 50.00 150.00 LANDSCAPE 0 TOTAL CONSTRUCTION COST $36,742.46 • A711, r1 Li • INSFECTI01! Tr" I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . II. COIL °ACTION TEST FEES . . . . . . . . . . . . . . . . . . . . .$ III. 10': Co11TI1;GESCII'.5 C 3,647.25 IV. DESIGN FEES (IOZ of Total Construrtinn Cos[ Eat ii�.'.c) S TOTAL S will.4T �.1 Faithful Prrfncmanco Bond = $ 40,500.00 tiatcrinl and Lnhor Itond S 40,500.00 Maintenance 5 "I'd = $ Cash Mumlmenting N.Pnsia = $ RCE22E CONSTEtiCT ION INSPECTION - Of CC�1c[ni. ^t \n•.l C.n[L f.5[1nnIC I,.$. IL.$. L.C. EP E'U'.q ^.I't: !' I'A,I . i STORE !F.I,;I' ❑: ?i:;il F- ttP -l7,1Y FA. I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . II. COIL °ACTION TEST FEES . . . . . . . . . . . . . . . . . . . . .$ III. 10': Co11TI1;GESCII'.5 C 3,647.25 IV. DESIGN FEES (IOZ of Total Construrtinn Cos[ Eat ii�.'.c) S TOTAL S will.4T �.1 Faithful Prrfncmanco Bond = $ 40,500.00 tiatcrinl and Lnhor Itond S 40,500.00 Maintenance 5 "I'd = $ Cash Mumlmenting N.Pnsia = $ RCE22E ?f & S,aropediee, Sire. 10] NtIWNE IEOCCP•4 Cnrl1e9111F 9.01.4 nl<I 753 9336 November 25, 1980 Mr. 610 >d Hubbs City' Engineer City of Ranchu Cucamonga P. 0. Sox 807 Rancho Cucamonga, California 91710 Subject: Improvement Agreement (Parcel Nap No, 5269) Dear Mr. Hobbs: Due Co the adverse economic environment that has prevailed during the nnst :,crnt ^nnths, 11 d S Properties. Inc. will need additional time CO �.. ��ple,e the :r.1jrJ••C ^,a:ILS .ieszrih:,.: nn p.1 '0 ) of +nCj 1CC .i ieP_ ment'(a c.op7 is included with this letter). Adequate provision for funds h,iw been Wade and al improvements will be completed during 1981. H & S Properties herebv regnt•sts additional Lime, as outlined in Item 3 of the a4ceoment, in which to complete Llle improvements. Your favorable res ?Dose to this request will be Kreatic appreciated. Sincerely, kf2 KA��<�yj D. V. Spangler `� 0\';S:i In Cat': Sa::�• rr_ CI Ontario, Calif. `lI 7h �1 Ji..i_'1 C:IL'd:�•�IiY CE`: El fi "NT DEFT. PM 71$9 111213141-016 Z • 0 I SAN DE ®1 Fi UINU CUUN F,LA'Uvl.'!G IIEP'.T_4t 4a L '` - 1 t 5 y'� So3 (y VI u J o�� I ,LO. 711 _ AI i 7 _ (;. ,. d• -,� r, ,. nom. /,a n.id ,Pc,e v� _ _ "'F I I u42 , -_'1l Ac_ I U. �R E 4 r A -. G� a 1� 6I f �opnsed 'nfFi<s LY Sui• 0 J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 17, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Accetpance of Tract Map 11461 The subject map was tentatively approved on June 11, 1980 for the conversion of 248 previously approved apartment units on 15.2 acres of land into condominiums. The project site is located on the north side of Nineteenth Street, between Carnelian and Beryl in the R -3 Zone and generally known as Sunscape II. All street improvements are existing. RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the City Clerk and City Engineer to sign the map and forward it to the County Recorder. Respectfully submitted, LBH: BK: jas Attachments 53 RESOLUTION NO. 80 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 11461. (TENTATIVE TRACT MAP NO. 11461) WHEREAS, Tentative Tract Map number 11461, submitted by Lewis Development Company and consisting of 5 lots for Condominium purposes, located on the north side of 19th Street between Carnelian and Beryl, being a division of a portion of Lot 12, Block 15, Cucamonga Homestead Association Lands, as per map recorded in Book 6, Page 46 of maps, Records of San Bernardino County, State of California was approved by the City of Rancho Cucamonga; and, WHEREAS, Tract Map Number 11461 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Tract Map Number 11461 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 day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor 6�4 wfY .-M IL Sun ALTA LEWIS ! I -roc. Bru APE APARTM [A =CO. PALETTE NpIRS 4nM w. L ffoxdad turf PHASE R 0 'I_ WIMP _ M 0 01 kel L DATE: Decadmr 17, 1950 TO: City Council and City Manager FROM: Lloyd B. imbbs, City Engineer SUBJECT: Cash Assignment Tract 9434 Ube subject tract developer (Chevron) has submitted for City acceptance, a $5,000.00 cash assicn . Since the date of submittal of said assign - ment, the tract was accepted into the naintained road system. The accept- ance of the assignment was held in abeyance until the construction of all iVrovements were approved. The cash assignment was submitted for the guarantee of continual nainntenanee of a flood p.ntectim wall along the east property line of the subject tract. The City has the right to use time funds aubmitted if Chevron fails to respond to written repair requests. This assignment is a 30 month certificate and is renewable at the City's discretion. The property immediately east of this site may develop into single family residences. When that property develops, the flood wall will be remved and the cash assignment can be returned to Chevron. It is recemmeded that Council direct the Finance Director to sign the assignment letter on behalf of the City, thus acoepL g said assigmmnt and placing same on deposit with the City. Respectfully 5#nxttedk LI=VHMBS City Engineer IBE:JIM:jr Attachments Crismar • DEVELOPMENT CORPORATION 21W WASH IRE BOIAEMARD, SUITE MX t.O. BOX 2131 SANTA MONICA, CALIFORNIA 90106 (2IS) SV4865 14 May 1980 Mr. Lloyd Hobbs, City Engineer City of Rancho Cucamonga P. 0. Box 793 Rancho Cucamonga, California 91730 Dear Lloyd: At last, the Lot 32, Tract 9434 problem with Doug Gorgen is resolved. Enclosed you will find a copy of the executed "Hold Harmless" agree- ment. • At this time, I am requesting that you forward a copy of the approved apron plan so that we may complete the tract. Per our discussions, I further request release of the performance bond on Tract 9434. Sincerely, Richard A. Petersen Land Processing Director rap /js J 57 CHEVRON LAND AND DEVELOPMENT CO. 2120 WILSHIRE BOULEVARD SUITE 200 SANTA MONICA, CALIFORNIA 90403 • C. Douglas Gorgen, Esq. 7333 Hellman Avenue Rancho Cucamonga, California 91730 Re: Flood Control Wall Tract 9434, Lot 32 Dear Mr. Gorgen: In connection with the retaining wall constructed on certain real property directly east of Lot 32 of Tract 9434, (the "Property "), the undersigned hereby agrees to indemnify and hold harmless the owners of the Property, their successors and assigns, from and against any loss, damage, cost or liability, including, but not limited to, reasonable attorney's fees and costs, arising as a result of the design and installation of said retain- ing wall or the failure of the undersigned to maintain said retaining wall in accordance with the obligations imposed upon the undersigned under the terms of a certain agreement between the undersigned and the City of Rancho Cucamonga, a copy of which is attached hereto for your information. The undersigned further agrees to provide for the removal of temporary walls constructed at the present termini of Gala Avenue and Victoria Street and the retaining wall directly east of Lot 32 of Tract 9434 at such time as they are determined to interfere with the development of the adjacent • property. In accordance with your letter of February 28, 1980, it is our understanding that you will immediately withdraw any and all objections heretofore made by you to the relevant governing bodies with respect to the grading of Tract 9434 and the installation of the flood control wall on the Property. Should the foregoing be acceptable to you, please so indicate by executing and returning the enclosed copy of this letter to the undersigned in the self- addressed and stamped envelope enclosed for your convenience. Very truly yours, CHEVRON LAND AND DEVELOPMENT CO. BY: CRISMAR DEVELOPMENT CORPORATION By: MARIO MORY, President Dated: s' I z —° J Accepted and Agreed to this day of 1980. e� M A I CITY OF RANC :iO CUCAMONGA To Whom It May Concern: By the signature of its duly authorized representative hereinbelow, the City of Rancho Cucamonga does hereby: 1. Acknowledge its receipt of the original evidence of the issuance of a Certificate of Deposit by Valley Federal Savings and Loan (Certificate N0.0%11t� to Chevron Land and Development Co., a partnership, in the principal amount of $5,000.00. 2. Acknowledge its receipt of an Assignment, for security purposes, of the above - described Certificate of Deposit, executed by Chevron Land and Development Co. on 1980. 3. Agree that the funds evidenced by said Certificate of Deposit shall be held by the undersigned for the purpose of securing the obligation of Chevron Land and Development Co. to make or cause to be made any necessary repairs to the retaining wall installed thereby and located adjacent to • Lot 32 of Tract 9434. 4. Acknowledge that by virtue of said Assignment, the undersigned is empowered and authorized to utilize any or all of the funds evidenced by said Certificate of Deposit to cause to be performed any required repairs to said retaining wall, where Chevron Land and Development Co. has failed to make such repairs and no less than thirty (30) days have elapsed since each of Chevron Land and Development Co. and the under- signed have been notified in writing of the need for repair. 5. Acknowledge and agree that it shall hold such security until such time as a final subdivision map has been filed which encompasses the real property east of Lot 32 of Tract 9434. 6. Acknowledge and agree that Chevron Land and Development Co. may from time to time substitute renewals or extensions of said Certificate of Deposit or other Certificates of Deposit in like amount for said Certificate of Deposit and that in no event shall the interest earned on said Certificate of Deposit, or any renewals or extensions thereof, or substitutions therefor, be held as additional security by it, but shall at all times be payable to Chevron Land and Development Co. Very truly yours, CITY OF RANCHO CUCAMONGA By Dated: 5-7 Its Authorized Representative CHEVRON LAND AND DEVELOPMENT CO. 2120 14ILSHIRE BOULEVARD, SUITE 200 SANTA MONICA, CALIFORNIA 90403 • C. Douglas Gorgen, Esq. 7333 Hellman Avenue Rancho Cucamonga, California 91730 Re: Modification to Hold Harmless Agreement for Flood Control Wall, Tract 9434, Lot 32 Dear Mr. Gorgen: The Hold Harmless Agreement executed by Crismar Development Corporation on May 12, 1980, with respect to the retaining wall constructed on cer- tain real property directly east of Lot 32 of Tract 9434 is hereby amended to include a rip rap apron structure as shown on the attached Exhibit "A ". The undersigned further agrees to provide for the removal of the apron at such time as it is determined to interfere with the development of the property directly east of Lot 32 of Tract 9434. Should the foregoing be acceptable to you, please so indicate by executing and returning the enclosed copy of this letter to the undersigned in the self - addressed and stamped envelope enclosed for your convenience. Very truly yours, • CHEVRON LAND AND DEVELOPMENT CO. BY: CRISMAR DEVELOPMEK-0 PORATION / Q BY: � ) DATE: `_ 2 MARIO MORY, President ' ACCEPTED AND A EED TO THIS Z DAY OF �L ih.C- , 1980. BY: �_ ' C. OOUG S ORGEN • • , 0 I-1 lI • CITY OF RANU10 CUCANIONGA STAFF REPORT DATE: December 17, 1980 .. TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Purchase of Real Property by County Flood Control The County Tax Collector has forwarded five copies of "Agreement to Purchase Tax Deeded Land" to the City for approval and execu- tion. The approval of the City is required under Section 3775 of the Revenue and Taxation Code, so that the property may be purchased. There are two pieces of land available due to deflaut in tax payments, both are adjacent to Flood Control rights -of -way. The County Board of Supervisors has, by resolution, declared its intention to purchase the lands for use as flood control right - of way. RECOMMENDATION It is recommended that Council authorize the Mayor to sign each copy of the two agreements and the City Clerk to attest thereto. Also, to direct the City Clerk to return each document to Joe Bell County Tax Collector. Respectfully submitted, LBH:JLN:jaa Attachments J • W Q W 2 a F- W a , _ 111 CITY O RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: $G 281 g55[S Nn Z27- ISZ-35) NORTH TITLE- - TA.%-DEEDED YKOPER ?Y EXHIBIT Is SQ \LE NIS- I AGREEMENT TO PURCHASE TAX DEEDED LAND THIS AGREEMENT, made this day of , 197_, • by and between the Board of Supervisors of the County of San Bernar- dino, State of California, and the San Bernardino County Flood Con- trol District, pursuant to the provisions of Division 1, Part 6, Chap- ter 8, of the Revenue and Taxation Code. W I T N E S S E T H THAT WHEREAS, the real property situated within the City of RANCHO CUCAMONGA, County of San Bernardino, State of California, here- inafter set forth and described in "Exhibit A", attached hereto and made a part hereof, has been deeded to the State of California for the non - payment of delinquent taxes; and WHEREAS such deed to the State for taxes includes taxes levied • by the San Bernardino County Flood Control District, the taxes of which on the property are collected by the County officers'; and WHEREAS, the hereinafter - described property does not lie within the boundaries of any taxing agency other than that, or those, spe- cified hereinabove; NOW THEREFORE, it is mutually agreed as follows: 1. That as provided by Section 3800 of the Revenue and Taxa- tion Code, the cost of giving notice of this agreement shall be paid for by the San Bernardino County Flood Control District. 2. That the Board of Supervisors of the County of San Bernar- dino agrees to sell to said San Bernardino County Flood Control Dis- trict and said San Bernardino County Flood Control District agrees to purcna;e from said County the property hereinafter set out in the • A789 /05047 _ Page 1 Sf 4 aforesaid "Exhibit A ", which shall not have been redeemed as provid- ed in the Revenue and Taxation Code, upon payment by said District • to the Tax Collector of said County the sum set forth in said "Exhibit A" after the description of the property and designated "Purchase Price ", within 45 days after this agreement becomes effective. 3. That said San Bernardino County Flood Control District will not share in the distribution of the payment required by this agree- ment. IN WITNESS WHEREOF, the parties hereto have caused their re- spective names to be hereunto subscribed and their respective seals to be hereto affixed by their respective officers thereunto duly au- thorized. ATTEST: BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO •Clerk of Board of Supervisors BY airman By Deputy (Seal) ATTEST: Secretary, San Bernardino County Flood Control District 0 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By Chairman l 4 A789/05047 Page 2 of 4 Pursuant to the provisions of Section 3775 of Revenue and Taxation Code, the governing body of the City of RANCHO CUCAMONGA hereby agrees to the selling price as provided in the above agreement. L ATTEST: CITY OF RANCHO C U C A M 0 N G A BY City Clerk . Mayor By Deputy .(seal) This Agreement was submitted to me before execution by the Board of Supervisors and I have compared the same with the records of the County of San 3ernardino relating to the real property described therein. • County Tax Collector APPROVED this day of , 19 By 65 STATE CONTROLLER A789/05047 Page 3 of 4 "EXHIBIT A" n J PURCHASE FIRST YEAR SALE DESCRIPTION PRICE DELINQUENT NUMBER North Cucamonga Town Nly 2 ft Lot 4 and $ 36.32 1973 20910128 Nly 2 ft of Wly 5 ft Lot 2 and S 1/2 alley vac adj on N of Wly 5 ft Lot 2 67006/20910128 • A789/05047 Page 4 of 4 i J K ' MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA APRIL 28, 1980 • RESOLUTION NO. 80 -115 RE: REAL PROPERTY: F /C: PROPERTY BUY: _.1, 2, & 4, DAY CREEK, UPPER WARM CREEK, MOJAVE RIVER On motion of Supervisor Hansberger, duly seconded by Supervisor McElwain and carried, the following resolution is adopted: RESOLUTION NO. 80 -115 WFBEREAS, by action taken by the Board of Supervisors of San Bernardino County, State of California, the Tax Collector of said County has been authorized to sell certain tax -deed property at public auction; and WHEREAS, certain of said tax - deeded parcels are needed for the public uses of flood control and water conservation purposes: NOW, THEREFORE, be it resolved, that pursuant to Chapter 8 of The Revenue and Taxation Code, the San Bernardino County Flood Control District, based upon the premises that the hereinafter described parcels of property are needed for the aforesaid public uses, hereby makes formal objection to the public sale of said parcels and authorizes their purchase in accordance with said Code: C. Assessor's Parcel 227- 152 -35 • Assessor's Parcel 286- 163 -41 Assessor's Parcel 480 - 031 -07 BE IT FURTHER RESOLVED that the Clerk of this Board shall file with the County Tax Collector and the County Board of Supervisors a certified copy of this resolution. PASSED AND ADOPTED by the Board of Supervisors of the San Bernardino County Flood Con- trol District, State of California by the following vote: AYES: SUPERVISORS: McElwain, Hansberger, Townsend, Hammock, Mayfield NOES: SUPERVISORS: None ABSENT: SUPERVISORS: None (eh) STATE OF CALIFORNIA COUNTY OF SAN BE; :NARDENO as. 67 • ;< - 9507 - 103 • 6� I, ANDREE DISHAROON , Secretary of the Board of Supervisors of the San Bernardino County Flood Control District, San Bernardino, California, hereby certify the foregoing to be a full, true and correct copy of the action taken by said District Board of Supervisors, by unanimous vote of the members present, as the same appears in the official Minutes of said Board at its meeting of AFRIL 98 1940 • April 29, 1980 Dated: X25 ec: Real Property; PWA; Flood Control Tax Collector Auditor Deputy Secretary of the and of Supervisors of San File Bernardino County Flood Control District, San Bernardino County, California. ` ;< - 9507 - 103 • 6� • • CITY 01: il, \i\0-1O C (_,\NIOXG,\ MEMORANDUM DATE: December 17, 1980 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: PROPOSED SUBOIVISIOtI ORDINANCE As you will recall, the City Council continued the first reading of the Subdivision Ordinance until the staff had an opportunity to dis- cuss with each Council Member specific concerns in the Ordinance. This has been done, however, due to the hectic schedule last week and the heavy demand for the mag card machine which is being utilized for the General Plan, the revised material could not he produced for this scheduled public hearing. Therefore, Staff would recommend that the public hearing be continued to the Council meeting of January 7, 1981. Respectfully submitted, V4 L�JACK. L�M, Director of Community Development JL:jk 0 QTY OF RANCHO CUCAMO UA STAFF REPORT December 11, 1980 To: City Council and City Manager From: Bill Holley, Director, Community Services Subject: Historic Preservation Commission recommendation for designations as follows: The following have been recommended by the Historic Preservation Commission for designation as City Historic Landmarks. In each case, a Public Hearing was held with property owner notification policies adhered to by Community Services Staff. Etiwanda Railway Station - This station was used to ship grapes and citrus to market. It was also used as passenger transportation for residents in Etiwanda. It is a modification of the Alta Loma Rail way Station. First used in 1914. Commission unanimously approved recommendation for designation at their October 14, 1980, meeting. Etiwanda Congregational Church - Church constructed in 1902. Besides being a church, it was used as the Etiwanda Justice Court in 1958 -60. It has been a place of community meetings. The wood frame building stands on the original site. Commission approval on 12/9/80 The Emery House - This home was built in 1908. The home plans were purchased from Sears Roebuck in Chicago for $1,995. This price included plans and materials for construction. The home is eastern U.S. style of late Victorian architectural period. Commission unanimous approval for recommendation as Landmark on November 13, 1980. For your information, Historic Landmark applications completed by property owners and /or Commission members are attached. BH /mw 0 , %pplication :or JOISTORIC LA!."NIARK Desionation I DENT IfI CAT TON � c 1. Cannon name: ETI7i AIMA PACIFIC ELECTPIC RY, DEPOT 2. Historic name, if known 3. Street or rural address same 7089 Etiwanda Avenue City:Rancho Cucamonga (Etiwanda) Assessor's parcel Legal description: Zip: 91739 County:San Bernardino 227 - 121 -18 ,,Map 872 -36 -113, Parcel 2 Zone: A portion of the south 132 ft. of the west 200 ft. Lot 5. Block aK ", Etiwanda Colony Lands 4. Present owner, if known: Southern Pacific Land C%ddress: 610 South Main St. •. " . _ ,., Los Angeles, Cal. 90014 City: Los Angeles Zip; .90014 Ownership is: public private r 5. Present Use:ROLAIIDA LL5IBER SALES CO. Original Use: Freight & Passenger po Other pasts uses: T'hift Shop, Ladies Aid of Etiwanda Congeeational Church DESCRIPTION 6. Briefly describe the present physical appearance of the site or structure and describe any major alterations from its original condition: This is a one story building of concrete and stucco. It has a flat • roof and an arch over the center office section, for a bell. The open '4ait'_13g room facing Etiwanda Ave. has been enclosed. A wooden loading dock has been added to the south and east and of the orginal concrete open loading dock on the east end of the building. n lJ 7/ ETINANDA PACIFIC ELECTRIC RY. DEPOT 7. Locational sketch map (draw and label site and surrounding streets, roads, 'and prominent landmarks): 12. Threats to site: 8. Approximate property size: • Lot size (in feet) Building size Frontage 132 1E ft. x 124 ft. Depth 1320 or approx. acreage 9. Condition: (check one) a. Excellent_ h. Good_ 'c. Fair xx d. Deteriorated_ e. No longer in existance_ 10. Is the feature a. Altered? xx b. Unaltered? 11. Surroundings: (check more than one if necessary) . a. Open land xx b. Residential_ c. Scattered buildings xx d. Densely build -up e. Commercial_ f. Industrial 9. Other a. None knorm_ b. Private development_ c. Zoning d. Public Works Project e. Vandalism f. Other One of the last P.E. Ay Stations. Upland, Alta Loma & Fcnn—a—save been removed. 10. Oates of enclosed photograph(s) _ May 25. 1980 (four) NOTE: The following (Items 14 -19) are for structures only. 14. Primary exterior building material: a. Stone b. Brick C. Stucco xx d. Adobe " e. Wood f. Other • -2- 7), ETI=1DA PACIFIC ELECTRIC RY. DEPOT 15. Is the structure: a. On its original site? xx b. Moved? • c. Unknown? 16. Year of initial construction 1914 This date is: a. Factual b. Estimated Cost about $7,000.00 17. Architect (if known): 'A modifieatIon'of the Alta�Loma Depot: Feb. 1, 1913 a contract for.fl,424,000 was awarded 18. Builder (if known): to Grant Brothers to bumld'the twenty' mile section een up an an ann ernara no. ne formally open July 11, 1914 19. Related features: a. Barn_ b. Carriage house_ C. Outhouse d. Sheds) e. Formal gardens) f. Windmill g. Watertower /tankhouse h. Other Sub- Statfoxgone now gone SIGNIFICANCE Upland; Alta Loma and Fontanan stations have been demolished. 20.' Briefly state historical and /or architectural inportance (include dates, events, and persons associated with the site when known): • The building of the railroad saved the growers a four mile round trip to the Santa Fe By. The station was located in the center of a three mile diameter circle that produced as many as 350 carloads of citrus and 165 carloads of grapes each year. Also it was a passenger depot within one mile of most homes in Etiwanda. One could ride the 58 mile run from Las Angeles to San Bernardino in one houe and forty five minutes. It also carrked the Students to Chaffey nigh School. 21. Main theme of the historic resource: (check only one): a. Architecture b. Arts &Leisure_ C. Economic /Industrial xx d. Government e. Exploration /Settlement f. Military_ g. Religion n f;J h. Social /Education STATIC:1 AGEIITS: 1, C.H. Jones, 2, Wm. Lane, 3, Clarence Stephens 4, Bill Frost. 5, Herbert C.. Hall 22. Sources: List books, documents, surveys, personal interviews, and their dates. INTERCRBANS SPECIAL 61, LIiIES OF THE PACIFIC ELECTRIC, Northern and Eastern Districts. Spring 1976. LSBI: - 0- 916374 -21 -1 23. Date form prepared _8 26/80 By (name): Robert L. Hickeox Address: 7940 Valle Vista City: Raneho Cucac.onga Zip: 91730 Phone:982 -0304 Organization: Historic Preservation Committee ty ?Z _ pplicacion for (' HISTORIC LA IDNARK Desinnation I DENT IF I CAT 10 :1 1. Connon name: Emery House 2. Historic name, if known Same as above 3. Street or rural address: 7403 Archibald Ave. City: Rancho Cucamonga Zip; 91730 County: San Bernardino Assessor's parcel no. 107701143 Zone: -- Southerly 74' of the N'l together with the northerly Legal description: 16' of the South ;, both of the westerly 335' measured . from the center line of Archibald Ave. of Lot B of Suction 2, Township 1 South, Range 7 west. 4. Present owner, if known: Address: Ra3ph G. and Maxine N. Strane 7403 Archibald Ave. City: Rancho Cucamonga Zip :.91730 Ownership is: public vate — 5. Present Use: Residence Other past uses: None Original Use: Residence DESCRIPTION 6. Briefly describe the present physical aooearance of the site or structure and describe any major alterations from its original condition: Redwood frame house, 2 storied with full attic, rock foundation, with columned frontoorch. Built by Nathan Emery, assisted by John Klusman, in 1968. House plan believed to be from Sears and Roenuck 1908 Model Home Catalog. • 7 l EMERY HOUSE 7. Locational sketch map (draw and label 8. site and surrounding streets, roads, and prominent landmarks): `N 6 4SCi,IW6' RD• 12. Threats to site: 9. 10 Approximate property size: _• Lot size (in feet) Frontage 90' Depth 335' or approx. acreage 1 acre Condition: (check one) a. Excellent xx h. Good_ c. Fair_ d. Deteriorated_ e. No longer in existence_ Is the feature a. Altered ?_ b. Unaltered? xx Surroundings: (check more than one if necessary) a. Open land_ b. Residential xx c. Scattered buildings (South) d. Densely build -up e. Commercial xx f. Industrial_* g. Other (North and East) a. None known xx b, Private development_ c. Zoning d. Public [larks Project_ e. Vandalism f. Other 13. Oates of enclosed photograph(s) September, 1980 NOTE: The following (Items 14 -19) are for structures only. (Foundation) 14. Prinary exterior building material: a. Stone xx b. Brick c. Stucco_ d. Adobe - e. Wood xx f. Other 15. Is the structure: a. On its original site? xx b. Moved', ' c. Unknown? 75'-2- • i LJ EMERY HOUSE 16. Year. of initial construction 1908 This date-is: a. Factual'' ' b. Estimated 17. Architect (if known): Sears and -Roebuck •(Model Homes Catalog, 19oa) 18. Builder (if known): ' Nathan Emery;-John klusm an 19. Related features: a. Barn xx b. Carriage house_ c. Outhouse d. Shed(s) e. Formal garden(s) f. Windmill g. Watertower /tankhouse h. Other i. None Barn was built in 1909, used for sorting and crating oranges SIGNIFICANCE 20. Briefly state historical and /or architectural inportance (include dates, events, and persons associated with the site when known): House a Easter- L'. S. -t rle of Late victorian arc hit__..._ =_1 per___. • House and barn crigianlly surrounded by orange grove to Worth and East, and by row of Eucalyptus trees on South. 9 21. Main theme of the historic resource: (check only one): a. Architecture xx b. Arts & Leisure_ c. Economic /Industrial_ d. Government e. Exploration /Settlement f. Military_ g. Religion h. Social /Education 22. Sources: List books, documents, surveys, personal interviews, and their dates. Official records, San 3ernardino Hall of Records Correspondence with daughters of Nathan Emery C scondence with Searn Cata�og Archives, Sears Towers, Chicago 23. 0a E'e `f0 rm prepared , -,,,,t ,nLpy (name : Maxine r, r3rp Address: 7403 Archibald Ave. City: Rancho Cucamonga Zip: 91770 Phone: 487 -2835 Organization: Historic Preservation Cam. 7F -3 Application for IiSfORIC LNTNARK sinnation IDENT IF I CAT 1011 1. Conumon name: E =1 A::'Jd CC:'OHECA:LC ::AL C °CRCF. 2. Historic name, if known: 1Z=1!::DA r,• *cR- .. ^A=' : *AL r "RCR 3. Street or rural address: 71 26 Et!urar.c?a Ave. Cjt y:. °ancho Cc- amcn:a (Etiw:a rda) Zip: 91739 County:Ean 3err.ardin o Assessor's parcel Legal description: 4. Present owner, if known:3 ti:aor.da Concregaticnal Address: 7125 3tiwar.aa Ave. City Ra r,c ho Cucacp rca Zip: °1739 Ownership is: public private x (Eti.;anda) S. Present Use: Cox -unity Church Original Use: same Other past uses: Etiwanda Justice Court for trials, 195E, 19 -,e, 1960 DESCRIPTION 5. Briefly describe the present physical appearance of the site or structure and describe any major alterations from its original condition: The oriwinal wo-ten church, with a concrete basement was extended west by 20 feat and the west entrance to the basement ,;as covered in 1912 • 7? ETIWANDA CONGREGATIONAL CHURCH 7. Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): atimanda School St a ticn G Ho-e Tel. Cc `1 a �I a. v: 8. Approximate property size: Lot size (in feet) Frontage 150 _ Depth 220 or approx. acreage 9. Condition: (check one) a. Excellent_ b. Goad x c. Fair_ d. Deteriorated e. No longer in existance_ 10. Is the feature a. Altered? x b. Unaltered? 11, Surroundings: (check more than one if necessary) .4 frsme stucco real Late office=_ is on the north a. Open land x b. Residential_ c. Scattered buildings_ d. Densely build -up e. Commercial_ f. Industrial_ g. Other 12. Threats to site: a. Clone knosm x b. Private development,_ C. Zoning d. Public Ilorks Project_ e. Vandalism_ f. Other 13. Dates of enclosed photograph(s) 3,g79 NOTE: The following ((terns 14 -19) are for structures only. 14. Primary exterior building material: a. Stone b. Brick c. Stucco_ d. Adobe_ e. Wood x f. Other • -2- ?g ETIWANDA CONGREGATIONAL CHURCH 15. Is the structure: a. On its original site? "x b. Moved ?' • c. Unknown? 16. Year of initial construction 1902 This date is: a. Factual X b. Estimated 17. Architect (if known): ' - - '""" " " ". "' 18. Builder (if known): .... " .... ........... .... '..':..:. '...... 19. Related features: a. Barn_ b. Carriage house_ c. Outhouse_ d. Shed(s) _ e. Formal garden(s) f. Windmill A h1mch'ng rail is still aC curbside g. Watertower /tankhouse h. Other i. None SIGNIFICANCE 20. Briefly state historical and /or architectural inportance (include dates, events, and persons associated with the site when known): 21. Main theme of the historic resource: (check only one): a. Architecture_ b. Arts & Leisure_ c. Economic/Industrial_ d. Government e. Exploration /Settlement f. Military_ g. Religion x h. Social /Education 22. Sources: List books, documents, surveys, personal interviews, and their dates. 23. Date form prepared /VA' By (name): Address: City: Zip: Phone: Organization: 0 City Use Only W-3- ORDINANCE NO. 128 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DESIG- NATING EACH AS A CITY HISTORIC LANDMARK. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The City Council finds and determines that the following features of the City have met the criteria established by Ordinance 70 for Historic Preservation, and therefore, and with the recommendation of the Historic Preservation Commission, designates these features as Historic Landmarks of the City of Rancho Cucamonga. a. Etiwanda Railway Station, located at 7089 Etiwanda Avenue. b. The Emery House, located at 7403 Archibald Avenue. C. The Etiwanda Congregational Church, located at 7126 Etiwanda Avenue. 0 SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shalT 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 TheeDDail, 8 ort, a newspaper of general circulation published in the City o Ontaf rio, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Laurin M. Wasserman, City C erk Phillip D. Schlosser, Mayor I CITY OF RANCHO CIJCAMONCA STAFF REPORT December 11, 1980 To: City Council and City Manager From: Bill Holley, Director, Community Services Subject: Historic Preservation Commission recommendation for designations as followst The following have been recommended by the Historic Preservation Commission for designation as City Points of Historic Interest. Schowalter Grove Archeological Excavation Site - in a 1979 archeological excavation supervised by Dr. B. MacAllister of Chaffey College, several layers of bricks ranging from adobe through various stages of curing. Significance of this site has been reported in the book "Cana Merced and Rancho Cucamonga; by Esther Boulton Black; The Daily Report Newspaper and the Highlander. Historic Preservation Commission unanimously supported recommendation for Point of Interest designation as their December 12/9 /meeting. Aggazzotti Winery - This site was central to wine growers of our area. Buildings constructed on the reservoir site of the old Rochester Tract. Commission unanimously supported recommendation as designation as Point of Historic Interest at their November 13, 1980, meeting. George and Jessie Johnston Home - This was the home of George F. Johnston a pioneer of the Etiwanda area, involved in local government. He was instrumental in promoting the table grape crops in Southern California and owned a local raisin packing house and steamer. Commission approval was unanimous as December December 9, meeting. For your information, please find attached applications for Point of Historic Interest designation on the above mentioned properties. Public Hearings were held an each property on the above listed dates. Notification policies concerning property owners was handled by Community Services Staff. on ' ,,ppl4cation ror alSTORIC LANDMARK Oesionation POINT OF HISTORIC INTEREST IDENTIFICATION J 1. Conmion name: CMA WINERY 2. Historic name, if known: 3. Street or rural address AGGAZZOTTI WINERY 11929 Foothill Blvd.and Rochester Ave City: Rancho Cucamonga CA Assessor's parcel Legal description: San Zip: 91730 County: Bernardino Zone 4. Present owner, if known: Dr. Carlo M. Aggazzotti Add rrSS: 11929 Foothill Blvd City: Rancho Cucamonga CA Zip: 91730 Ownership Is: public private_ _ _ _jcz Limited Vinegar 5. Present Use: and Wine oroduotion Original Use: Winery 50009al C_a_o. Laboratory in wine cellar under the houseused for Other past uses: wine analysis. _ DESCRIPTION 0 6. Briefly describe the present physical apoearance of the site or structure and describe any major alterations from its original condition: The house and adjacent buildings have not undergone any major changes physical appearance is generally how the structures were at incep- tion. The House was built in 1938 in the resrvier site of the Roche- ster Tract. The family entered into the wine business in 195Q. the buildings to the west were used as a laboratory and wine retail site. In later years these building were remodeled and now constitute a portion of the living quarters of the main house, these were in most part interior modifications.The laboratory was moved into the wine cellar located under the house.Present activities are vinegar productio 0 , AGGAllOTTI WINERY 7. Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): W d FOOTHILL L• F` J] U 0 BLVD. Winery N 4 8. Approximate property size: Lot size (in feet) • Frontage 215 Depth 185 ft. or approx. acreage 0.91 aerea 9. Condition: (check one) a. Excellent_ h. Good xx c. Fair_ d. Deteriorated_ e. No longer in existance_ 10. Is the feature a. Altered ?(;n .prior) b. Unaltered? Exterior 11, Surroundings: (check more than one if necessary) a. Open land x b. Residential_ c. Scattered buildings x d. Densely build -up e. Commercial x f. Industrial_ g. Other 12. Threats to site: a. None known_ b. Private development_ c. Zoning d. Public Works Project_ e. Vandalism_ f. Other 13. Oates of enclosed photograph(s) June 1980 taken by Leonard R. Goreayea NOTE: The following (Items 14 -19) are for structures only. 14. Primary exterior building material: a. Stone xx b. Brick xx - c. Stucco d. Adobe e. Wood xx f. Other Cement -2- • AGGAllOTTI WINERY 15. Is the structure: a. On its original site? Yes b. Moved? ' • c. Unknown? i6. Year of initial construction 1978 This date is: a. Factual" Yes b. Estimated .. , 17. Architect (if known): Dr.. Carlo M..Aggazzotti. 18. Builder (if known): ..Don Francisco...' ... .. ..... :............ .. 19. Related features: a. Barn_ b. Carriage house_ c. Outhouse --- '-' d. Shed(s) x e. Formal garden(s) f. Windmill ne g. Watertower /tankhouse h. Other cellar i,7yMX4 X Adfacent Buildings SIGNIFICANCE 20. Briefly state historical and /or architectural inportance (include dates, events, and oersons associated with the site when known): Dr.Carlo M Aggazzotti, a graduate of Univ of Bologna,Italy arrived • in the Cucamonga area.in 1934,Married in 1937 and built the Hain structure in 1938 inside of one of the water reserviors of the old Rochester tract.The site was central to the wine growers at the location. History of the LaPoureade ranch and others relates to the community iii this area. Dr.Aggazzotti used his laboratory for wine analysis and control for various growers and bottlers including himself 21. Main theme of the historic resource: (check only one): a. Architecture b. Arts 8 Leisure c. Economic /Industrial xx d. Government e. Exploration /Settlement f, Military g. Religion h. Social /Education 22, Sources: List books, documents, surveys, personal interviews, and their dates. Don Clucas, Light Over the Mountain 1980 ed. Personal interview with family June 1980 by Leonard R. Gorczyca. Tapes made of conversations durin the intervi w. 21• Date fgorm preps red l0 80 By (name): Leonard R. Gorczyca Address: 7426 Onyx Ave City: Rancho Cucamonga CA Zip: 91730 Phone: 987 -3234 Organization:Ch. Historic Preservation Comm. City of Rancho Cucamonga City Use Only • • is 9PdT REPO f DATE: December 17, 1980 TO: Members of the City Council and City Manager FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner ) , 7 Ar7ti r Div�� e CSI p U g 7 U > 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT N.O. 80 -02 - LESNEY A change of Zone from R -1 -5 single family residential to P.D. (Planned Development) for 10 acres located on the northwest corner of Hermosa Avenue and Base Line Avenue - APR 202 - 182 -13 ABSTRACT: The Planning Commission, at its meeting of November 12, 1980, held a duly advertised public hearing to consider the above- described project. Upon completion of the hearing, the Planning Commission voted 4 -0 to recommend approval of the change of zone from R -1 -5 to a Planned Development designation. Several local residents spoke on the project requesting clarification of the development proposal. Upon clarification of the residents' concerns, no direct opposition to the change of zone was made. The Planned Development zone designation is being requested for the de- velopment of a 114 townhouse development. This will be ownership housing developed around common open space areas at approximately 10.3 units per acre. The plan is consistent with the Interim and Proposed General Plans and meets all requirements of the Zoning Ordinance. The Planning Commis- sion has approved the Site Plan pending approval of the planned develop- ment designation. Attached for vour review and consideration is the Planning Commission's Staff Report, Environmental Assessment, and the Planning Commission Resolution. RECOMMENDATION: The Planning Commission has recommended that the City Council approve Planned Development Zone Designation No. 80 -02 for the above- described project through the adoption of the attached Ordinance. R�spectful�y s erimlitted, Barry k. Hogan I City Planner BKH:MV:jk Attachments: Planning Commission Staff Report Planning Commission Resolution Ordinance IF( dppli,ation ror M015MRIC LANDMARK esinnation " POINT OF HISTORICAL INTEREST " I DEIIT IF I CATION DON E. SCHOWALTER GROVE 1. Common name: Brickyard and Ba 2. Historic name, if known: ( discovered by ological Excavation) 3. Street or rural address: 8297 Baker Ave San Rancho Cucamonga , CA 91730 Bernardino Zip: ' City: p: County: Assessor's parcel no.See attached Naps. Zone: Legal description: See attached mans. 4. Present owner, if known: Don E. Schowalter Address: 8297 Baker Ave • City: Rancho Cucamonga, CA Zip:91730 Ownership is" public private _X 5. Present Use: Partial Citrus Grove _ Original Use:Citrus Grove Historicali. presumptive evidence of use of portion of Other past uses: grove as a place of brick production and brick curing for use in the local area. DESCRIPTION 0 6. Briefly describe the present physical aooearance of the site or structure and describe any major alterations from its original condition: Site is an area approximately 60 ft, long and 36 ft. wide located in the Northeast corner of the grove, adjacent to a brick wall which runs southe from Foothill Blvd. along the west line of the Casa Volante C'obile Home Park at 8651 Foothill Blvd. Area was excavated by an archeological group supervised by Dr. B. MacAllister from Chaffey College,The area studied covered some 2100 sq. ft to a death of 29 Inches. Excavation showed many layers of bricks, ranging from adobe through various stages of baking ( curing). Layers of bricks were seperated by ashes of some material which was used to cure the bricks. ( See photographs) IFS DON E. SCNOWALTER GROVE 7. Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): RED RILL Sycamore Inn' P.E R. Foothill Blvd .0 Site L= Z x Schowalter Home u, Y Q 12. Threats to site: B. Approximate property size: .10 acres Exc�oe si °e (in feet) Frontage 60 Depth 36 ft. or approx. =xxx)m 2100 se. ft.. 9. Condition: (check one) a. Excellent_ h. Good_ c. Fair XX d. Deteriorated_ e No longer in existance_ 10. Is the feature a. Altered? XX b. Unaltered? . 11, Surroundings: (check more than one if necessary) a. Open land X b. Res�ddeVial_ c. Scattered buildings t_ d. Densely build -up West- Mobile Homes. e. Comrercial f. Industrial_ g. Other South of Foothill Blvd. a. None known_ b. Private development XX c. Zoning d. Public Works Project— e. Vandalism_ f. Other 13. Dates of enclosed photograph(s) 2/791 4/791 6/79 and 9/79 Photgaraohs were taken by Leonard. R. Corczyca while excavation was in progress. NOTE: The following (Items 14 -19) are for structures only. Not Applicable 14. Primary exterior building material: a. Stone_ b. Brick_ c. Stucco d. Adobe e. Wood_ f. Other 91 i I 0 DON E. SCHOWALTER GROVE 15. Is the structure: a. On its original site ?_ b., Moved? • c. Unknown? 16. Year of initial construction " " This date is: a. Factual'' b. Estimated' 17. Architect (if known): " ''"•". ..... 18. Builder (if known): '` " " 19. Related features: a. Barn_ b. Carriage house_ _ c. Outhouse_ d. Shed(s)_ e. Formal gardens) f. Windmill g. Watertower %tankhouse h. Other i. None SIGNIFICANCE 20. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site when known): As reported by Nr. . Donald E. 3chowalter, the site was discovered by him in 19;6,however no significance was attributed to this discovery. Other portions of the site were rediscovered by him and his son Stanley in 1950 s. His findings were reported in to Esther Boulton Black in 1971 and appeared in her book, Rancho Cucamonea and Donna ➢'erced published in 1975. In 1978 while worki- in the area the site again was rediscovered. An archeolokical excavation was conducted until 1979 by Dr. B. MacAllister of Chaffey College. 21. Main there of the historic resource: (check only one): a. Architecture b. Arts & Leisure_ c. Economic /Industrial_ d. Government e. Exploration /Settlement XX f. Military_ g. Religion h. Social /Education lJ 22, Sources: List books, documents, surveys personal interviews, and their dates. Rancho Cucamonea and Donna Merced , )! sther Boulton Black; 1975 oz 55• Daily Renort 4/19/64 Sim Bald., The Highlander Advertiser 3/27/73 Personal interview with Don. E Schowalter 11/17 79 rem rt d bb Leonard R. Cotc zyca. Archeo ogg al Report fo£thcomanj fEom DF �. 1�'.acA� lister 23. Date form prepared li��0 By `name): eonar orczyca Address: 7426 Onyx Ave City: ancho Cucamonga, CA Zip: 9 30 Phone: 714 - 9`%73234 Organization: Rancho Cucamonga Historical se 3- g ppl ica Lion for 1ICS TOR IC IXAMArPn•"X paint o[Hl4t0nicat9n:e"e"t onLv Desicnation I DENT IF I CAT ION 1. Common name: fieong_e 7. and je.uie Yohnnton Nome 2. Historic name, if 3. Street or rural address: 6998 fiinanda Ave. City:Fiiaanda (ra. Zip: 91749 County: San SennandLna Assessor's parcel no.- [POntLoni 227 10/ OS Zone: Legal description§6aeL of neat rh Loi /, BLach 5, Ftivanda roLony Lando nee attached duui.1?- • 4. Present owner, if known: —Wm and Wie Peannon Address :6U61uwanda Ave, City: ftluanda, Ca. _ Zip: 91739 Ownership is: pub private xx 5. Present Use: ain.gZe -fay miLVnea.idence Original Use: &uLc - nelidenu.j Other past uses: DESCRIPTION • 6. Briefly describe the present physical aooearance of the site or structure and describe any major alterations from its original condition: The 6uLLd< Lean been n de Led and nenvea ae the nea.idence o4 the gneat- 9nandnon o4 yeo. 7. YaAn4ton. The 6ui,lding in in /good "pain See attached pAoto. indlcafr o.79i n�1�lan curl 'T[.e'C •Su �Sequ e•nT ^h�in�r'.5- 4 Mp GEORGE F. AND JESSIE JOHNSTON HOME 1. Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): 12. Threats to site: 8. Approximate property size: • Lot size (in feet) Frontage /45' 4t. Depth i/2 fL or approx. acreage /.07 acne 9. Condition: (check one) a. Excellent_ b. Good_ c. Fair_ d. Deteriorated_ e. No longer in existance^ 10. Is the feature a. Altered ?x b. Unaltered? 11, Surroundings: (check more than one if necessary) a. Open land_ b. Residentialx c. Scattered buildings x d. Densely build -up e. Commercial f. Industrial_ Other41a; awgi a. None known b. Private development_ e. Zoning d. Public Vorks Project_ e. Vandalism_ f. Other w�9 13. Dates of enclosed photograph s) r54 1940'q, /8q6 NOTE: The following (Items 14 -19) are for structures only. 14. Primary exterior building material: a. Stone_ b. Brick_ c. Stucco d. Adobe - e. Wood x f. Other -2- M • GEORGE F. AND JESSIE JOHNSTON HOME 15. Is the structure: a. On its original site ?x b, Moved? c. Unknown ?` 16.' Year of initial construction Xd *X00417his 'date is: a. Factual x " b. Estimated ' 17. Architect (if known): CAaAZeA ll. ,ones, San: 18. Builder (if knovm): '...' " .:......•..... 19. Related features: a. Barn_ b. Carriage house_ c. Outhouse_ d. Shed(s) , e. Formal garden(s) f. Windmill g. Watertower /tankhouse h. Other i. None SIGNIFICANCE 20. Briefly state historical and /or architectural inportance (include dates, even =s, and p2rsons asscciatad with the site when kncan): • Seonge J. �olwaton w one o� the pi.oneen Awd.liee in Cfiaanda. Ne uae im uww-%&Z in promoting Me tabLe grape rnopi in SoaL%te Caaf. and owned a Luca/ tai.e.i.n parinp house and rte,mren. //e ua4 involved in l cal govennnaent 21. Main theme of the historic resource: (check only one): a. Architecture b. Arts & Leisure_ C. Economic /Industrial d. Government e. Exploration /Settlement x f. Military_ g. Religion h. Social /Education 22. Sources: List books, documents, surveys, personal interviews, and their dates. Vaniour newspaper articler, aite drawLng, picturer. lesronat CnteAVv Le uu.t% MA. If /tivy. !earron 23. Cate form prepared ja &4 /Rn By (name):�i //,;to Address: City: Zip: Phone: Organization:_ _ se Unly • ORDINANCE NO. 129 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE AGGAll071 WINERY, SCHOWALTER GROVE ARCHEOLOGICAL SITE, AND THE GEORGE AND JESSIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DESIGNATING EACH AS A POINT OF HISTORIC INTEREST. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The City Council finds and determines that the following features of the City have met the criteria established by Ordinance 70 -3 for Historic Preservation, and therefore, and with the recommendation of the Historic Preservation Commission, designates these features as Historic Points of Interest of the City of Rancho Cucamonga. a. Aggazzotti Winery, a family project, located at 11929 Foothill Boulevard. b. Schowalter Grove Archeological Excavation Site, located at 8297 Baker Avenue. c. The George and Jessie Johnston Home, located at 6998 Etiwanda Avenue. SECTION 2: 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 Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City C erk Phillip D. Schlosser, Mayor IF6 crry or• 1C,%�cI Io ST IT RLP01( c; 1977 DATE: November 12, 1980 TO: Planning Commission FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMVIT AND PLANNED DEVELOPMENT NO. 80 -02 - TENTATIVE TRACT 11350- LESNY - A change of zone from R -1 -5 ?single family residential) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa and Base Line Avenue and the development of a 117 lot townhouse devel- opment consisting of 114 dwelling units APN 202 - 182 -13 BACKGROUND: The applicant is requesting review and approval of a Planned Development consisting of 114 townhouse units on 10 acres of land located on the northwest corner of Base Line and Hermosa Avenue (Exhibit "A "). Approval of a Planned Development constitutes a change of zone. The sub- ject site is presently zoned R -1 -5 (single family residential on minimum • 5 acre lots) and the change of zone will be to the Planned Development (P.D.) designation. In conjunction with the Planned Development, the applicant is also requesting approval of a tract map consisting of 117 lots (Exhibit "B "). The site development plans indicate a density of approximately 10.3 units per gross acre. The Interim General Plan indicates medium density resi- dential at 5 -15 d.u. /ac for the project site. This project has been reviewed and rated by the Design Review and Growth Management Review Committees in accordance with the residential asses- sment system and the Growth Management Ordinance. The project received a total rating of 86 points and met all minimum point catagories within the rating. The Planning Commission originally reviewed this project at its meeting of October 22, 1980. Staff had recommended some site plan changes which the Commission did not fully agree with. Therefore, the applicants have made minor revisions relative to buffering and fire access. ANALYSIS: The prnject density of 10.3 units per acre, is consistent with the Iifterim ano proposed General Plan. Should the Commission act favor- ably upon this project, then the Planned Development zone designation will be applied to this s,ibject property pending Council approval. The development plans, as proposed, are consistent with the development standards cuu is sued within iue Planned Development zone designation. The land use and zoning of the surrounding properties is as follows. fo� Staff Report November 12, 1980 Page 2 North South East West LAND USE Single Family Residential Single Family Residential Mobilehome Park Single Family Residential ZONING R -1 R -1 R -3 R -1 There are no single family residential streets which abut the project site. The project site is bordered by the rear yards of single family residences on the north and west sides of the properties. These rear yards are pre- sently separated from the proposed site by a 6 foot high wood fence. The developer originally had shown only a 5 foot landscape buffer along the north and west property lines. A revised plan will be available at the Planning Commission meeting along with sections for those area: to indicate a full 10 feet of landscaping. It is recommended that these areas be densely landscaped. The project, as proposed, meets all building setbacks, lot area and parking requirements. The subdivision map has been prepared in accordance with the State Subdivision Map Act and the City Subdivision Ordinance, 0 The City Engineer is recommending that the east side of Hermosa Avenue be • widened and improved at the same time the west side is improved in front of the project site. In such a case, the City would enter into an agree- ment with the developer for construction and reimbursement. Further, the City Engineer is recommending that the new street improvements incorporate the use of native rock into the new design to maintain the character of the area. The conceptual landscape plan indicates a substantial amount of landscaping and mounding on the interior of the project. The project appears that it will meet the Commission's criteria of 50 trees per acre. Various pedes- trian sidewalks interconnecting the units with open space areas are provided throughout the site. Curvelinear sidewalks and mounding are being provided along both street frontages. The Design Review Committee reviewed the building elevations and archi- tectural design of the project and were very satisfied with the style of the buildings. The Committee did recommend that the final roofing material be subject to Staff review and approval prior to issuance of building per- mits. Colored renderings and elevations will be available for your review at the Planning Commission meeting. The developer is proposing to provide the following special project features within this development: - Solid core exterior doors and security deadbolts • - Preplumbed units for solar heating systems - Energy conserving building materials and appliances q'3 . Staff Report November 12, 1980 Page 3 - Option to the home buyer to purchase a solar collector system - The project proposes to provide 15; of its dwellings at afford- able housing range, consistent with the Growth Management Plan definitions. Attached is Part I of the Initial Study as completed by the applicant. Staff has completed the environmental checklist and a field investigation and has found no significant adverse impacts upon the environment. CORRESPONDENCE: A notice of public hearing was placed in the Daily Report Newspaper. In addition, approximately 60 public hearing notices on the pro- posed Planned Development zone designation were sent out to surrounding property owners. To date, no correspondence has been received. RECOMMENDATION: Two separate actions are required by the Planning Commission if approval of the project is given. If the Commission concurs on the approval of this project after consideration of all public hearing input and staff findings, then a Resolution recommending approval of the Planned Development designation to the City Council is provided for your adoption. In addition, • the Commission should instruct staff to prepare the final Resolution of Approval for the tentative tract map, with conditions, for their adoption. • Re9p ctfullysubm tit ed, starry Hogan A Planner � G: BKH:I`iV: jr Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "F" Exhibit "G" Location Map Tract Map Site Plan Grading Plan Landscape Plan "L" - Building Elevations Part 1, Initial Study R ecO;,rended Conditions of Approval Resolution on Planned Development Approval �I J a, e If =Y NORTH CITY Y C)1' RANCHO CU( 'AN N.GA Trn.r;--U:CACI nl Mf4P ntT� F-6" • 0 ORDINANCE NO. 130 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 182 -13 FROM R -1 -5 TO P.D. LOCATED ON THE NORTHWEST CORNER OF HERMOSA AND BASE LINE. 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, folloo-:ing a public hearinn held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. • SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. R -1 -5 (Single family residential) to P.D. (Planned Development) Said property is located on the northwest corner of Hermosa and Base Line, known as Assessor's Parcel No. 202- 182 -13. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall Cause the same to he published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES• ABSENT: 9 ATTEST: Phillip D. Schlosser, Idayor oren aGCermin, i TjM$ I R q • CI I'P OF It` "I'Ilrl Cnr'!!T:i:il 1N1'T Ti L S'1'fD"i PART I - PRO. ECCr INi`" PIIATION SHEET - To bo completed by applicant Lnvironmental Assessment Review 1'co: $70.00 I -or all projector rcgn.'rina rcview, this form must Le cumplctarl and sulnlitt, -'1 to tlho bev1'I(T1Tont Rev ie�d Co-- i.trcc thro',,mh the dup;rrtmont vircrc the project application i..^, made. Upon receipt of this application, the hneiro "r ntal A;r:l oi.s staff 1011 prepare part II of Lhe initial SLntly. Th'o i`, ^1�•r•n�•��L hen io.r Commit)... will pact an! LM aMen no dnt,r than tell (10) dr.•,c '. "or the onblic m"(,tin, .._ •:.hich Lime td:^_ project is to he hoard. Th., Co:rnli Ltll wi 11 m;dte one of three dctmm nntims: 1) The pr.ojcc-t ,ill have no cnvir i, rtal .impact and a N. gative I'ocluration will be filed, 2) The project will. have en environmental iMpact and an Ln mownMal Impact Report l:i 11, be nronarcd, or 3) An ad(ditional information rcpor'l: hcu)d be supplied by the applicant giving further in:orr,ation concor.ninrr the pre^ose:d pl:oject. PROJ$CP TITLE: H rn,l I'rvnh.,rss Iont.iti�o Itic[ S, 113iO APPLICI+;;'T'C NA�;Q AD'DMSS, 7ELi; Ti{O::il: Iesn.: nrccicnr..e nt f,o. C_tl n '�n It „Ic '1'II =. (:,�, <I(ta (L_(21 3 bil_71 17 NAME, AIT!:CSA, 'P d'i,i7Cllnisis OF PERSON TO BE CONTACTED COP:CP:MANG MIS PROJECT: ihnnk Fillimms M E. "P” ST. O thin, CA. 01764 (714) 98¢ -5814 Itvv, ?r(Atld Er:inct•rs) LOCATION OP PROJECT (STREET ADOW:FG A7:p A6SI:SSOR P.h ?C1:1, d10.) _, rrhvo.t Donor ul °rv„Linc vid Ila rr . �,1 :crnue I,i S:T C`TII1:I1 P!:PIII'1': M1CI;!::'.Fi1R7 I'i(OII If)f "„!., PI'GIONAL, FTiATF ANU PEDERM, AGM UPS AND TM AGI;NC`i 7F:;IV ❑G FOCII PILFMITS: I'd li r� rl loan [I:c I'duommo lgo,Ln "! Kdll Ovum flr '.c:M rn_n _:rl Iron Lhv Per +r.li[11 I'im hi s�rlr[ .mad Cw,imong, I -1 L`ROJ!'c' gllSi l;iI rI0:i J DESCBI["r IO17 OF PROJF,CT: am, ed v't__ development consistim, of clusters of 4 and 6 unit buildings. Recreation facilities including a pool and rrc. building sbnll 6c cons[ ru<C Cd_ Approximately 18.5': of the units shall be riced a.v affordable _ bows ing. ].one chaloo `r>m ex isti niz, R -I -i to PI). Proposed dun Sity is IOJ units per gross acre. ACPI:AGi'. OP' flirt Tl(CT ARi'T i,P:D SQUARE'. I'OOTA91: OF EXISTING AND PROPOSED DUIIAWME, IF ANY: Project arcs: 11.0 Acres (gross), 10.0 4c re= Inet) F.[!stin" b -A ldfmgs cover ns =0 ?.F., ore- )used buildings INCEI 171E TIi I'n ;'aTIC:I 01i 'i! +'e C :' i! :'i , ri; v.I-S ('r:'L!ic! , ADIItIi,T,; , t \'i'i CUT.T ;;i'-4l„ HISTr) PICV. !1!' r :C - :'! C, ASi F,-TS, USI; OF :ihi lir; 11110'r CP:r TES, A ^D THE M ';::'RIi TI N OF' EXISTING STRUCTUPXS AUD THEIR US!: (ATTACH NEC-ESSARY 'ale -ir _ ito c prpS +r1h 'n l it—, grove w_i_t6 srall^resty_lnduuc huildin . _Totac cast Of the proper across Hermosa Avenue- is a mobile hang Lerk_T. the north and ,st _ 'I' -, the scu[h, rxc Cpting two Iva hl lore ilongsjdtnf� "' L'n ':es[ of Hermosa Ace_ irC�li C,mii4e rrsidc +aes :__,The_f_, Iydmd feet iuos[ o(lermosa id lir•rrle I of ❑, rl illy exist ,ry_1 '+ter ys' .roves e '4ith cl res I C n c. T'c swthen =t corner " Uro intersection. of 3e SeLi ne anal !ieno.oea Ave. is a Sou Churn California Edison Co. substation. Wi-Idlifc can 'sts of •ry o�,nd r_denecibirds rommen to raside n[ial arc is. lizards Arid insects. " roY ar n Wli,+]r: )w. -e : :ic;ni_ir,vlc Oil': 1 lint act? S- z • ti'c: 1.1) 1. Create a substantial change in ground contours? 2. Create a .^,ubntnnti.al change in existing noise or vibration? 3. Create a sul;C.v,tial, ciiam:o in demand for municipal s_r"ices (Felice, Lire, wator, sewage, etc.).! X 11. C'rcntc c'.::. n.:.= in ':,..r r:- :irting zoning or goncra) plan desi•_:nntions? . X 5: Remove any existing trees? llow many? cur. uxw G. Create the n ^od cur use or disposal oC potentially hn::ardcl.:^ 1'11:r•rial.s such a, toxic substances, ELu :unab]es or explosives? E }:pla»Dti.on Of ally Yf — EFisting usage of the �m�c ^� site is _ip .r irnr: rn�:S -nis trees .dill ho rc;u"d Rjior • to h inni ne constructton. Some cro`•v may be saved if finished �rs_s1a>•_s_5_1- 4'.�[o_; sistiny 11,unc trevu. Zone cha nEC^ from R -i =i to Plt it 4•nyi t� Ill.l uni [ =_j'r r_�r'ns._�r rr ). Ib1P`7 pry If M nro uct in "ol•., 'ahc' c. ^'l �.t r'.:ctic;l (" _— rosid.,:'^.tial unit:;, c ^it 1!'tc the fore, on Uln, next page. CTTTIPICATIQtl: I hcrchy r-cr.l:ir_ Lh.nt Lh^ statemrntn furnished ahovc oni in the att:ach;d crhit,i L? pro =enL Cho dat.n and iillern•'Ition rcnuired for Lhi!= ini.Li11 r:•n l•tlL irn to I:ho lout r`. al•llit,, awl LE th, 1:lC-n.ms, and intnrry Dion prv,qnl:cd are tv, an"I crreoct to thn NO of a ri'llt •.ri „1 r °•,C °.nn r ^:v l,c rrmnf ^ %•I to �I•r :;nl•n,itted lcfrn m ', Ir.: ^,Lc r'enulatieu can l ;v miclu by Ow „......it Itcri etc C: ": c,i 1't c'o. j -l-. Uatc I b !i�c _ Signatnrn Title ti f ?.',. /lt -i 1 i IL 1•r,,• !'1" PT'1•i I'1 L I The £oliowinc inforr'ation sln)uld be provirind to the City If R.mclw Cuc:omOngn Planniml Division in Order to aid in asscsnin', tiv, a::ility of the school district to accommodate the proposed residential development. Hamo of Developer and Tentative Tract No.: 1oa " rn. Specific Location of Project: ',r by corner of IlaseLine .Ind ilermosa Avenue 11I11"Mi I I'TWIi-, 2 11171.':i: 7 I•!V,F:; 4 Tr)'PA.i, 1, Nu:'I'ncr of single family units: X14 2. plumb ^_r of multiple family units: p 3. Date oro.�ose'1 to 4. C.0 licst: date of occV.Pn:lc' : oial Idodnl. awl e or Tentativo s. on: !0 Prir:e P,,.;1-•„ ', -I "A" units priced per al tord.lhlo housing Criteria of the cite it -I Plus re rent frtee not cet Jutrrminea - -1 plus li"I lry fricc 71st .ot de. err lJ�eJ n_9 I'I•i r" oc vet Jr[enni nod I'_e Pri, c' not tot 11 t c rmi nrd RESOL LIfilyd NI). 80-66 A RFtnlIIrip^ or -IC p[)tliI;I, CnCS•I I SS IWI Dr Ti IF CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONOITIOMLLY APPROVING TENTATIVE TRACT MAP i10. 11350 (P.D. 80 -02) WHEREAT, Tentative Tract Map tin. 11350, her ^i Oaf trr' .. thl," snhnlittvd by Lesny Pevelopinent, epPlicant, far the purpnso of Sl;bdividing the real propnt'ty s I. t Led in the C L of Rancho Cucamnnna, Cnna ty of San Cerna'dino, Soto of California, civscr'i l +rd as the development of a 114 unit Planned development located on the notthwest cnrnor of Hermosa and Base Line dividinq 10 acres into 117 lots, veonlarly came bnfm'e the plane i't'p R + "u.tiasion for uuhlic han'inn ,tnd act I "i on Novetnttar U. 1980; and 1.1HI:RTAS, file 0irer.tnr of Co]:m:'mi I, Onv °inpn „`IC ha; reconnuended aomnval of the Clap s,,lh.iec f. to all conditions set forth in Lhe Engineering and Planning Divisions reports. and WIICPEA�, the Planninn Cuntrission has read and cmtsidered the Enuineering and Planninn Divisions rnporfs and has cues idrred other evidence presented at the Public hearing. NOW, THE4F.FORE, thr Planninn C.o;jmlicgiea of the Ci`y of Rancho �:uca,nooga di °; glve +s ` ^II , • Section 1. The Plane ina ConunisSit, :;�a'. the fniln::ing f lndinns 'in renoi',f to Tentative Tract N0. 11,150 aIIi rhr tloo thereof: (a) The t ^ntafivr fract is consistenr with all toolicable iIterin: an :1 p, po;e,1 gE aI 9lid lr. 1`lans: (h) Thr f,, ,,,I nr i:rpr .... . 2r:enrs of I. I_ :tt atite Tract is _ ^r; .'.'n' ::i t:, all 1 I`ii'ah iI, a ,, ,, !Iei�°ral and 5 {,r; ifir. plans; (ci Tht, :ih, is phvsical ly sI,ital`I, for the` tyPO of drvelnpmen t. preen cpd; (d) Thn do¢ign of the suhdivisinn is nn` liiply to cause :Ohs t,'+Pr ial envit- monttl dar,ane ant avoidable in,lru'_y to hui -ins and wildlife m' Yhefr habitat.; ghr tnnrnti:° tray` nmJ 11 (.,1e11n:L for ai,rr, Lln •,,,Ill, nr uSn ttf Ilin ::iris i�, 'P. I' •,1 .lf "i %r-+nn, I I )le) P" solution No. Page 2 (g) This pt'nject will m,t create adverse impact,a nn the enviromn nt and a flegative Declaration is issued. Section 2. Tentative Tract Map No. 11350, a copy of which is attached hereto'-Ts hereby approved subject to all of the following conditions and the attached Standard Conditions: Plannin9,_�ivision 1, the 4`1,0,ject must be consistent with the General Plan and all of its policies and guidelines at the time of final neap approval for subdivisions and at the time of building permjt issuance for all other residential projects. 2. Prim to approval and recoMation of the final map. or prior to issuance of buildinq permits, when no subdivision map is involved, lm-itten certification from all affected SrluDnl Districts, shall be subraittei tc, the Department of Cmmnunity Development which states that adequate school facilities are or will be capahie Of iccommodating students generated by this project. Such letter of certification must have been issued by the School District within sixty (6o) Awls prim- to the final map approval in the case of tl,e 4ihdivisinn - f or issuance Of vc,.,its in the ca;e of all uthor residential pro,lect.s. . 3. prior to approval and recordation If ti,e final map, or 1" 311 to the issuance of hailding r ",,•,;tc •.dmn of map is rove! vod, written certification fro'n the affected water district, that ademiate 5 °e:nr and are or will be availal•le to serve the pmpn son pro.iec.t, shall he submitted to the Upptn-tment of Crnnnunity Nlvelolvumt. Such letter lust have been issued hr the v:atgr district ulthln ciatr (N)) days prior to £roil nap aj,;wmal in the case of Sut,(Hvision nr is,loancil of pefmitc in the case of all ether residential projects. for prnjra,, using septic tank facilities allowohle by the Santa Ana Regional ',Jitor Cfntrnl Roard and the City, vu-itton certification of accPotabjlity, ior,luding all supportive information, shall be obtained and submitted to the City. ,JI =;roe hen':: in a -'1e,; Cf ft•.o :1 l.,gt in ,.er'ical it r! ighf shall he landscaped and irrie.a `c•I in -,rrrr is nrq C�or -ii, nr'l. Sucn slr,pg hlantlug shall nvlude but, not, he Iimitrd to lofted grnund cover and appropriate shruhs and rv.aintainrd in o h.•al tk, on,l tht Ivinl rnnttit inn by the, davelnper until each individual unit is snld ,and octapied bDLO tq', :n. ;, . {,.. .,, i.e to,:ir� .... ,.,, ::,. •:...a unit., an jnv, ,rtion of the dopes h,III be completed by the PI mninq ',taff to rleb.injine thaf it, is in satisfactory rn ".1i �I ten. • 5. This approval shall I°nrome null a•rd void if the tentative suhd i'vision war, is col. al,pro':ed anri n•conlod or building permits issued when no map is invnlved, within taclve (12) months from the approval of this project unless an extension has been granted by the Planning Commission. 6. Solid core exterior doors, security dead bolts and lacks shall be installed on each unit in this pinjert. 7. Security devices such as window locks shall he installed on each unit. S. A samplp of the proposed roofing natrrial shall he adxmitted to 'Ind alrl,roved by the Planning Division prim` to issuance of but iding pernri ts. g. All mrits within this dnvpinc° enf shall be pr'eplumhed to be adapted for a snlar heating unit. 10. This development shall provide an ortirn to home buyers to purchase a solar heating unit. A copy of the sales material shall be submitted to the manning Division prior to sales activity. 11. Adogonte einrrgpncy fire ar,cems landecaoing shill be Provided along the north and west property lines. • 12. A toll ten (10) feet of dons, landscauing shall be provided aimig the north and west property lines. 13. All duel lino urit.s shall be provided with an automatic garage door- opener. J,. tP, i,a,iin, shall tie porriifted wi"rin t�.•, inr,ori rr eir•C!�lation ;hall pn dg.pl, red h'/ the eppIict nt and 5ninitted to the fify Planning Division prior to issuance of building pecliits. 15. All landscaped and open areas shall he continually maintained by n Ilomennner's Association or snore nthpr method acceptable to the City. Proof of such ina t tit pna rice shall he filed with tine Citv Planning Division Prior to issuance of building pernri ts. 16. Ado t.airr+d linnt in'7 nl, +,n :'n.,ll 1,y 5ih..; ••q,{ ;n.l {��rr, t'ne .1.•, i!1 ,�i��rt i. ts. 1:: n;i�n. vo-t In, •,ig of ail evterinr Iiglit•s to he located nn the project site. Sm:h lirthtinq shall he so decinm d in shinid adjacent prnrertr e; fr'nri light and pr'nvi -le only necessary lighting unrdnd for sornrtry to the dove lopnipnl, such plans shall he sulr ^ittr rl to the Plnnnin❑ Diviai yr for r, +✓iee and appIov -rl prim to issuance of building hermits. III 17. Al swimmi ill pools ins tql led with the development of this project shall be solar heated. • 13. Trash pick -up service shall be. provided to each individual unit and containers shall be kept out of general view from the street. 19. The C. C. F R.'s shill restrict the sl.n rage of recreational vehicles on this site unless they are the principle source of transportation for the owner. 20. Standard patio cover plans shall he sul+mitted to and approved b. the Cit•, Planner and Ruildino Official prior to occupancy of the dwell illy units. 21. Prim' to gr3dinq or any Work on the site the applicant cltall contact the Dirac for of Cnrmwni LV 5ervirte G7 determine if the exi Sting StruCturn is of historical significance v:hich would warrant its relocation by the applicant for preservation. 22. Final parcel and tract maps shall conform to City standards and procedures. 23. De,'ails of the retaining Will and yrn,ling t.j, icue along the m'opPmtp line shall he inc,l,rind in the final grading plan. • 24. Turr Ill 06 attest shall he provided IF 1-4 the visitor l+ari'ing area to the circulation aisles leading to the dr+Clligg g + +,iis, 25. Speed Pm ^ps shall he provided alum; thco north and west driveway. 26. All buildings numbers shall be identified in a clear and Concise manner, including proper illumination. Enr�inrr.r_ing Division 27, F. '•.r; frr' Slrl rl'. ;uSl.is .. �n +i qucu, rn Hell sa A;rnde Siraii be dedicate•,! to the City. StJ^°+ts for futur'a Cnnnngti,, f tFr. cnt,:h hacrnS ­ shall he plugged in a +annor suitah)r, to the City Ilrginn.,r. lhn cost of il—M ,illat.ion will be credited to the draioagy fens fnr the pro ioct,. • 113 i'ago 5 29. The deco lnprr shay widen the east cide of Rermnsa • Avmole including curt,, glitter, sideomlli, driveway approach, street lights from Base Line Road to the S.P.R.R, arid on Base. Line from Hermosa to 600 feet east to the required width of the master planned streets. The construction cost of this widening will be reimbursed by the City. The applicant shall be. responsible for the design. The applicant shall enter into a cooperative agreement with the City for the construction of and the reimbursement for this widening project prior to issuance of any permit for the project. 30. lhn unique clwractor and appoarancr or IL•rvlocn ,Avrnuo and Race Line Road, with its unique rock work, shall he inco,pm ated into the widrninn i,rnjec t. A conceptual plop in perspective view shn•wing this special feature shall he submitted to the Eno i neeri ltn and Planning Departments for approval. 31. A cash deposit shall he required to cover the cost of the grading and paving no Bace Line Road prior to issuance of huildinq permits. On completion of the grading and paving, to the satisfaction of the City Engineer, the cash deposit shall be refunded. .,2. All 1%,ia.ing rnarml'nts lying irli tnIll till' fAiun• right-of -,.ay arr to Iie quit. claimed or del innated, as per the, City • Engineer's renoi remen Ls, prior to recordation of the tract .map. 33. ;,11 Per inn, t " I landccaPed v.9 1 I1 luu' =d to be altnexed into the landscape Ilia intonluice. district. 34. lam,tr,caping and irrigation s• ;aten; rnunired to he installed on public right -of -way perimeter of this tract area shall be continuously maintained by the de•+eloper until accepted by the 1'.ity and annexed into the landscape maintenance district. 35. Final t,lanc and profiles shall show thn location of anv eristirn,l utiltiy facility that would affect construction. 36. 'i ;111 I-e i, f,,., r.; ?,an.e and disrr ;sal of dnin.,ae ^nll —1 37. :n�rnr:'atFd rlra iran^ fll'::: 0,7' drains ,:ell 0 1►q APPROVED AND ADOPTED 1111'4 96TH DA'i OF ra".i tl!A:R, 1930. PLANNING COM;1 ISSION Of THE CITY OF RANCHO CIICAMDIi04 • Richard Dahl, Chairmari -- -- - -- - -- � -- ATTEST: Sen'etary of the Planning Cn�nmissinn i, JACK LAPI. Sar,reta,'Y of the PIannin,l Commission of th, City of Rancho Cucamonga, do herehy certify that the foregoing ite•.,.lvrion was duly and regule.Ov introduced, Passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meetlno of the Planning Commission held on the 26th day of November, 1980 t.ti the following vote to -wit: AYES: CO'1MISSIONERS: REFIPEL, SCERANKA, TOLSTOY, DAHL ':OES: Ci1!'`:1$i10'n'F5S: NONE ABSENT: C011F11S, IONERS: KIGG • > ll S I': I ,,•,.••!1. ^r,,• , ., I'i nlr: rt:V:n 1:I :4I1InloiVn i i'II- I'1'I0N.¢ • Subject: planned DpUj,)p=MLNu Rn -n9 and Tpntativn Trart Nn 11150 Applicant: Ipsnpy neyij nmpnt _, Location: Pjwr Hermn<a and Racp line Those items checked are condittons of approval. APPLICANT SHALL CONTACT TFIF PI.AN'IVA; IIIVISIOTI rOR CONPLIAW:F. WITH THE FOi,LOWINC, CONDITIONS: " A. site DPVClorment g 0 Ski. e shall be I,vQ,md in accorda::ca with thn ar:ror"d site plans on file in Me Flanni.nn Division anti the conditions contninad herein. 2. ?evised site plans and buildinn elevations incor:"`ratine all conditions of approval shall In sul,mitted to the Planninq Division vrior to issuance of building Permits. X T Approval of this repiest shall not ="n wnu,li.anc,e AN Al s,niw, of Me Zoning nrdit'dtnc" and all other applicable Cip mill! ances in effect at time at N'tildinn P,:rmir • 4. The d., i >lopor 50.111 provide all Ict= Otto ad,nan ;i'.a"rd area for Recreation ve'ni,ac S&rage r'l mant to City s"MaH -- $_ 5. "nil boxrs, in ar,,ig whan, sidevalks nro rml•.Ilr,-i, Omll in in:shAled and located by the dQwlgor subioct to aunroval by t.im plvm tvl Division. % a. ;rash reccvt"71, i•.., t, ;wll .:'i^�`d "y a ,•'tiih .. .:all -- .,Oh ,-ieW craVOn inq quo, "0 to COY AHi Im"Non s'nall be subject to an;aovat h; tAte Planninq pivi; ion. 7. I,`' t1M'nll inm+ ar„ to 1" rtnn otrn ^t•,'i in an area i,•si ma, —i by uio roothill Pire District as Anwvlww4 the roof materials mm be approved hp No Firo Chief "it I`laW" Ilivis m.. nr for to i = =non C° of it buiidinq permit. R. Th•a •tevelonr i ;ti,i l in! —rio- a '•r'! "lv e` n^ an .. ` mityrialc d color, into t!,- .i,;t n•i of th,, r ":i k.ntinl d•vol r.,.m':n: in a manner which is both compatible and mirplimentnry amcn•t each of the residential units. $ ^. A11 roof .... ,•it':, Inr'lmllnn air' c „n,iit l „m-r:, .hall la` rci,it "c Virally i toagrat.ed, r:h,,•IKo lwo' ,.i "'d u,t th" .n ,vl hui ,.,.� a: +d � a rep. r, nrnper[i.es and sir m an t, piing by on I'lanninq and fens ltm: Divisions. X 10. Pr for to any ir.,. ,! Iho Ir„ „•'I silo nr h, r:ilv,,:.: .r liri l^ 1,., inn �'m•nnttred all ..'i'r� ,:: i,w.J Ptntw„I h, Pin ,hill he completed Meted to the sat isfncl.inn ' the iiy li�,eoliq mmit. ) I � P. Parking and Vehicular A't ... ;.; 1. All parking Int lan'L Cap•d isia;, lc =hn11 1,,,e a ntn lrnm in =iris dimension • of 4' and shall contain a 12" wal Y. adjacent to parking stall. 2. Parking lot 1;ghts shall be a maximum height of 12' ;ran the finished grade of the parkinq surface and directed away from all property lines, adjacent streets and recidcross. X 3. Parkinq lot trees shall be a minimum 15 aallon size. X 4. All two -way ni•;le wirlths shall he a minimum of 24 feat wide. X 5. Emergency access shall be nrovidnd , maintennnve (room and clear, a minimum of 24 feet with at all timo-- durim, constrreti on ill ncrnrd•vlce with Foothill Fire District fe.r.l i, ements. X G, All parking sp,ic -s hail bn rir•uble sLr ippcd. C. Landscaping X 1. A detailed lanrlsnnpo and irrigation plan shall he nul+mitted to and approved by the Planninq Division prior to the issuance of buil•linq permits. X 2. A ^,a,Lr.r Plan of t.hc. i <sistinn :q, -site lrres r.hnl l h" provider) to the • Pl ann i;,q Divi =inn prior to the issuance of bail•iini cermits and prior to grading to determine which trees :;hall be ret.aine:l. X 3, Existing FucalY "tu:: rr' "es nhnll be retained whole•'er rnss ible and shall be tri mined and toil i�,q It 1N, r,e id, der a': inq n. „•..,vi I lc danv taus trees. shall I;e apprnv —1 far r "mrn-ol a1; thn di.,-,rot inn of !" Plann inq Division during the re0n, of the •b,s[ "r !'l.v, of ,'aistin•, ::n- f+ie•'Irv"s. 9'110se trees ','hich are a,•F!'rvoI far romp "vl =hill le re:•1 ar 9 on a tre =- for -tree basis as provided F'; tiv Planning 1)ivinjell. X 4. stro,•t . tr",•,, n rt nin'ne of 15 vat lnn r•.,.o cr Inr•mr. •-lull I•;• installed in arcordanrn wo 1, tl,o 'last "r Plan of street rr, —e for the City of Rancho Cucamnngn and t;hall i— pl oaf "!I at. All nVoraQP nF every 14" nn interior streets and 20' on ext "rior stronts, X 5. A minimum r,f 51 ,"q'a a::r.,, c...- .::.•1 nr •�„ `•Ile' „n -t sia ^s, shall -.1. .. P L ±r:-•r, irt-L= gallon. and 101 -5 va ll:rt. X h. At Lan•1 •,cal of a,,I; =hall he ci i "in•rl 1n a hn.il th-: earl thriving condi- tion, free from wrods, trash, anal debris. • 117 Signs X 1. Any siws Prnrn :m' E+r t.his do ^ ^hn rent ;It"' be 1.,:'. iTnnal in conformance with the SLgn orrlin.uicr and shall rngnirn review and approval by the Planninq nivi =ion Prior to installation of such siqns. _ 2• A uniform sign vroiram for thii, Anve1opm0nt •1:311 Fr snDmittrd to the Planning oivir;ion for their review and approval prior to i:anauce of Building permits- E. Recreation _ 1. The dsvalol:et' is r -uir& t., ^b' -ain the fo11o'.;ini si Tne''. r.Lntenr:nt by purchasers of ham" which have a pr'lvate or public nVvstrian trail on or adjacent to their property. In purchasing the home lnca tad on T,ct , Tract. , on (date) _ • i have read the CC&R's and underst,nd that said I,ot is subject to a mutual reciprocal casrmr:nt for the purposr of allo•.rina ,,jaestri,n traffic to gain access. S"W"i chaser Saul intwaa is to be filed by the developer with the City prior to occuuancy. F. Addis ion.rL i +rrrpvals Bngnl rr•1_ __ 1. bircrl nr Rovlr.a •:hall hr ncc:ompii shrd 1•rior to Iltc i:auanco of a Building prrmi L. n LJ _ 2. P ... ;f•..< prior to record rt inn of the final sr1xirvrsio'1 t-�;•. X 3. Approval of T+mtnt i s Tracy. !;o, 11350i, •lranr,j; 1,0 K—i,, to the approval of Planned Cevelopment 4. °C -C? _ A. This t'nnd iti reel I'•rmi• .. tern rn9 fr,• a I.Iri, +l of m,nth(s) It which tLmn t.hn Ivtni:r; " ^nm r =r v'n mri Old nr i l••to cnntittrons or revoke the Conditional :' -n Pnt'lI. 11?' APPLICAtI'I' SIIALL CONTArT 1917 PVIu uv; Itivi:'1I••I I'ng '.l I'I'il '11117 COLLO'Ai NO CONDITIONS: G. Site Development • X 1. The applicant shall comply Leith the lnte,st adopt'rl Intiform Purld inq Code, Uniform Mechanical l'wl', t4rifnrm PLimhinn Cod', !latinnal Electric: Code, and all other applicable codes and ordinances in effect at the time of approval Of this project. X 2. Prior to issuance of bni lrlinq p'rmite for comhustible gcn5 t ructi nn, evidence shall be s,,thmitted to till Foothill District Fire Chief that water supply for fire protection is available. A 3. Prior to th_ issuanr'' of a building permit for n ne': rn >: idential d•.eiling Unit (s) or mil +r addi tine .o an 0%istinq unit (s), rile applicant shall pay develei•mont ferns =t the rstnblishrd rate- cM'll fe,. may include, but not be limited to: .;• n'nn[i fi rarirnt Fon, Par4 Foe, Dra inane Fro, S7stems Development C._., iermin and Flan Citeckinq fees,, ^and school fee. 4. Prior to the isvu vlrrl of a huildinq permit for a nerd commercial or industrial development or arldition to an er.istino development, the applicant shall pay development fees et the estnhlished rate. Such fees may include, but not be limited to: c•tctems Development Fee, Drainage Fee, Permit and plan Checking fees. X 5. This approval shell bcoMr Will and void if buildinn r'rmits are not issued for this rroi'r`t within nn� ;car from lh' date n- Diner ol:proeal. X ---_ G. Sheer ear's aml nidrassos Shall be prac i,l•d t••; fl ;•tn lma rff icnl. • 11. Existrml SY. ruct:ures Provide compli mco until rhn Unrf'rm Building Cad'+ far Prop•rt'y line clearances considering unn, Wren and fire- rosistiveness of 'xivttinq bnildinus. hx 1st inn I•ui L.linn (s) ^hall Ill mAr'l tc rotnnly with oin'rnnt Puildinq earl Zoning rcqulationa for the intended use or t.hn buii,linq shall be demolished. 7. FZis•ina s,.,a.... !. .:.,crl f.: ;li`: t•! or capped to ',omply wi!.h i;q ['npo lot''urn(Itnu plus's ices and t),e IIn, fern Plumbing Code. I. ,rad inq X na of Chi it. i,,,. t. . • ...,i,,,. r.: •:ht11 F� in r...,,...i i_.�.r�at .,.,, "nifcrn bnrldmy Co.e, -;t'; :rn iin, = ramlar'is and acrnpt -i •!rni inq practices. 1i _ 2. A =oi is is port raiaI br nn pare,I i mnl if ierl rmrinn•r licensed by the State of California to Perform such work. 3. A geological rel,ort shall he orlpnred by a .lualified engineer or geologist • and submitted at the time of application for grading plan check. X 4. The final grading nian shall be ,ubin,t to review and approval by the Planning, Engineering and Huildinq Divisions and 511,111 be completed prior to recordation of the final subdivision map or issuance of buildinq permit whichever comes first APPLICANT S!IAL6 CONTACT THU. RIY:INF.FtRitl: DIVTSTON COR CO`IPi.IAN:II. WITH Tilr FOLLOWING CONDITIONS: .1. Dedications and Vehicular Access 1. Dedications shpt! ,:• ino :e by fir•.L rap of 111 into!irr elrcet riaht.v- of -,.,ty and all necessary easements as sh.;em on the tenta01'o map. X 2. Dedication hall be i. -,ade of the foLlew inq mrasinc: tights -of -way on the following streets: 27' n:l'litLonal . feet on Base line Road 1)' additional feet on _Hermosa Ave, and as vana6 e w�­dfF on additional feet on Hermosa Ave. at the intersection of— Base Line per tentative trac map. X 3. Corner property line radius will be required per City standards. _ 4. All rights of vchirular ingrea to and egress from ehall be dedicated as follows: 5. Reciprocal easements shall !•o Dtrovi - ?od rnsurinq access to all parcels over Private roads, drives, or ?,arkinq areas-. X G. Adeq'uato I`r'nisinns nha1L Ip,p na,!e frr the ina�ec:, ,•mn „ =. and intoinal circulation he 1151.1 !"1 of goads to Che property nr, in the ice n( the In'o1 ",..rd K. Street 1,-pruvrmonts _ 1. Construct. Pell rtrvnt iml,,r „vemvnt•: inollidinq, bet m,t limited to, arch and cutter, A.C. 1•ac„•m.•n'., aide1<alk, drive approaches, par4way trees and street lights on all tn' „ti -r -t r•pots. I1 U X 2. rrvtr.truct the frtlo. inn min: <im; : n•rrovcmrrtis ins to: Judi nn, b.n_ not. limited __ $'1'KEUT NAME CL'Rn c CU'rTIIR A,r. Plnll'. Siigq_ WATX Ok Af I'!:. STRf,Ii ?' LIGHI'F A. C. ( +'JF.Ill, 4'i IJIIECI. CII,AIR PN.IpS OTHER Base Line Hermosa- X X X % X — % X X % % % X edian 'sl and I • "on Hermosa, the pavement shall be P.C.C. at the intersection and replacement of all P.C.C. pavement is required on Base Line between W. property l wigha A$rpst�rsectior - 3. Prior to au',' ':!• +ina perform -i in the cuhlic rioht -of -r; ay, an encroao'1h- mont permit and Lars shall De nbtnir.od from the �il-y Engineer's Office, in addition to any nthrr permits reguirod. 4. Street improvom^n` I•Lms arprocnd h;: tho rit,' I:nu ill —I and pr spa r ed by a Registered riviI Fvtineor �hnlI I- regniroci, for all siren improvements, prior to issuance of an encroachment permit. X S. Surety shall bo pnsted and an agrCnme;it exocuted to the satisfaction of the City Engineer and the City Attotney, auaranteeinn cOn"'Ic' ion of the public improvements, prior to recording of the map or the issuanre of building permits, whichever comes first. X •G. All street rierm:emr`nc, chill hr. installed to thr satisfaction of the City Engineer, prier to occupancy. PRvQm ^nt stripinn, mv'k inn, tt'affir. and street: nom.. signing shall be installed per t1w rr juirm, ^nrs of the City Gn'tino,". L. Dra inagc and flood Co rtrN % 1. The aigQ icnnh ':ilt I� r":q`rnrsihL• .`er ran ;t rncCron 'If all onsLte drainage facilities rr ptnal !, `h, t'i b, ':nuincrr. g 2. Intersection dram >:ill h_ ,t,ti;�d at the fnl h:.ntr: 1 "cat inns: The Proposed pn•p•o f. (, +ll - -+i rlin nemv, in•1 i•ti r•.t n- ;ul•iec t. 4o flooding unln.r the !!n� irn.il i'I�r• I In •n tnc� Program and +i„•'t to the provisions of thit prior to �: r! •'ire ^r ii•n ,'.1. 4. P drni noun rb tin ^I "It "1 . -1,'' nil '.ill F .vluirr.; to rrotect • strur: tare= 1';' ii•: rr!i...t eheot. :uc ^ff to 1C�1 X 5. The Hermosa /Avenue ' ;•1,111 h^ de::i •1.n•1 d:: sarryina st,--t n..,ni, .rl a n tti ^.n IF .. ;: I, i.aI ctrl: h ^.inhts, commer- c101 type drive npnrnnches, roll•.I street - orin,•ot lens, flood protection walls, and /or land ;cnp^d earth perms and rollod driveways at property line: M, Utilities X 1. All proposed .Itilitiss .:i.thin th^ project nhall 1„ mst,111H underground inclouing utiltl[cn alenq "I", arrerinls 1^rs; th.m 12 I:v. X 2. I'tility eascm•,ntn shall ho hrovi`l-q to th^ cn ^ci f1. ari,,,•, of the serving utility companies ,end the Cl'.y En'tinoe I. X 3. Developer shall b^ responsihle for the relocation of existing public utilities, as required. X 4. Dove l oiler shall In` respond I,Io far the insta t la'.ioc or ,Arcot Lighting in accordance with southern Californta Edison Company and City standards. $ a.ib,r imi ..n,n :.'n-. mall `. rip :iun' "i n,a, r,n : :,rn Cted to moet requirements or Lit-, Cunanunna County Water Ui si r[`r. (^('WD), Foothill Fire Pi st['ict and Lh^ F :nnironmcnril gaIlth n"'art"'T!, ^f ':he ('n'a r. ^( of Sin Bernardino. 1 loth' :cr of CCCI` •s[I1 I-I rop:[red prior to recordation. % G. Appmvais ha•:^ 11". 1 ^n ^u s•'r' ^ -1 `r0n all end intro ested agencies invn;..,•,l. ;tp1`t o :'ni of tho final man ,ill .. snhtect. to any requirements tha" no'; h" :. :vi :•c•i from thorn. N. Gcnoral Itegniram0nts and Ar:voval:� 1. Permits from ,U,'r aq "ncf" :: will he required ns —B. roueI ..0 i ^t �,l19t111I1It Ate pit red prior to is ;aance of a hr,i,li ^.,r _r,irt San HI, r,i r'ii n0 r.' ,t', Cl ,,I Control 11 t. rlrL - -D. OLhnr: % .. A cnhy of eh" c-ro.,nanl c, vnlit loos an,l Ne=t :rl rrigtr: h'('fi P'e] and Art 1 ns of in °nr rnra t' ^n ` Ha, gr.mcnam•rs t,r :—ri t' inn, sul•iIct to the n 1111r' : :ai of V", I 'i f.tpon : " Ah I11 bn recar l„I t :.ith t !ii ; ral' and n co(w p rrvided In II!^ '�t �'i. I �a 3. Prior to rocnrdat inn, a !lot ice nl Int.ntinn tc fnrn and hi.nhting Districts shod Iv, filv9 ,it,, tIv• "ity Conned. 9'I n• cirli m;nri an costs involved in District Formation r.haLl bp. Iwrne by tha developer. • X 4. Final parcel and tract maps shall conform to City standards and procedures. • 1�3 rI L. • 1. d t� Y TQi,r r rnncr CITY :)F a RANCHO CUC: MONGA PLANNING DIVISION N o. _ .. (' C 19 ITTNI -Tr� lo50 TITI.Ii' TFA,T MAP V V NORTI I N• f • 1. d t� Y TQi,r r rnncr CITY :)F a RANCHO CUC: MONGA PLANNING DIVISION N o. _ .. (' C 19 ITTNI -Tr� lo50 TITI.Ii' TFA,T MAP V V NORTI I CITY 01" lkivNcl-lo CUCANIONG;A PLANNING DIVISION' ITEM: 11390 Tlll.E: FLAM tAl 11BIT: sc\[,[:: yp IF7 1• L , NORTH I •J uj 1 7t 14 t i ..... ...... c2 �2 2 2W CITY OF 11 7-F= 050 RANCHO CUCAMONGA PLAN I'LixINNING DIVISION' Ex I I I I 11T: SC-\ LE; r-V NORTI I I� WNW & 71 r-V NORTH CITY OF llt m: TE W560 RANCHOCUC," ION G"k TITLE: -j4jr a.P,Pe Ft. PLANNING DIVNON EXI 111III r: SCULL: V) TS it I� WNW & 71 r-V NORTH CITY OF llt m: TE W560 RANCHOCUC," ION G"k TITLE: -j4jr a.P,Pe Ft. PLANNING DIVNON EXI 111III r: SCULL: V) TS A LIIT ILL-110M CITY OF RANCHO PLANNING DIV[SIO-N' WIN. F kqt- [LL V1 T - . . lq.l ll�All. F-7. RIA, qtvNmq NORTI I ri i:,\ i: -.:TP- -n!j�2_ TITII: I:XlllHjr. "C-7' SC\LE1 Alt o ��Y `mot � •��i,L ,:']�'�+ 3� WYlwrn 41Sw".i:AS)cti^3 ��xs�=lll. LIFT uewnnx I.Q"T W1.19. �h �.F "• h `: r" �� � yet ;•✓�`� • ry� . RIGHT [Lty,"Qm • Ptk%K yitiom V i`oltrf+, CITY OF rrI':.\I: TR 11 50 RAINCI-IO CUCAMONGA TITLE: ALLY, �:--LeVATOO � PLANNING DIVISION EXIpull- "N' SG\LL Tfis: • ' y + Ta r w � =:�u ' (;' 'L'�'e➢y .,:��� ➢�Pag� �n'.a u ' L:a e"E .� r.. tC3 L111 IL.Illl.. reox+ nw.non .N6'�+ '_ . r.:�. s3uiL'.'��e �fci'a?•Y:cu'wrr .I uw. V ox_ -. ;"+,, .*.: f;• i¢ +SKr y�� '1e� . +��. J s' .r �'�G!r .I6' a `tli" �iIF tl'i1��- (1''➢ �'�] 'Wta1". •_�..vs�.,mil[,diti. CITY OF RANCHO CUCAMONGA PLANNING DIVISION R.. Kb.9OM _ CV NORTH rrrm1 IF- 11350 TrrLET ELL /L1r(DNS 1� N �� �c LXI11111'1' .�_ SC. \Ll L__I S _ I ... 1 .11, .11. . • I , C� NORTH CITY OF ITFIN I: - :M I y ;;��/ TONS -GA RANCHO CUCANIO,"� TH LF: A • PLANNING DIVISION • r I �:��''c'i' � i�; -.�� �:�y.,<��jy,�..,. •;�'7�rL91 '�N�o ".am =' 1 €i" , �{� .�'. ... yLLlj�� �.. C'aiy. G'�•C f.l i'. . LEFT .Lt,.:lOx .xuxr Ua ..,e.- II14Xi 119V.,IOx CITY OI' RANCHO CUCAMONGA • PLANNING DIVLSION xnx tter.nox C V \ORTf I ITEM: iF 1 L350 TI "TI.I: -U' EL�VfI�mNs I -� C PXI 1111IT �.S( LFa N S . c .:��' `" : �y�tn,• If ':1111 =.., •Ili �� ,i.. °,r�s:,- Q Maitrsr.n k.;. {lirc: �. ; tnwmv T-.n.LxL�t . �; CITY OI' RANCHO CUCAMONGA • PLANNING DIVLSION xnx tter.nox C V \ORTf I ITEM: iF 1 L350 TI "TI.I: -U' EL�VfI�mNs I -� C PXI 1111IT �.S( LFa N S . sloes !6FY U I L hNst woo. .11, C5�V NORTH CITY 01, , 11350 '"NC'-l() CUC"ION TITIJ: III-,\,N\I.N'C, DIVISloN, I:xllml-r: "), sc.\Ij�: � 9 IJ4S! Cf. Z V !110X1 ELEY.110N NORT i I CITY OF 1'117X1:-7F7: �1� RANCHO CUCAMONG)A TITIT: L—Lr:�VAT-IVA)s PLANNING DIVLSION A).T.S• low, NORT i I CITY OF 1'117X1:-7F7: �1� RANCHO CUCAMONG)A TITIT: L—Lr:�VAT-IVA)s PLANNING DIVLSION A).T.S• 1.0r, kt, .'! �la , �R�g , zV11 Rik It., I'l-T C5�� NORTI I • CITY OF rrrmi RANCHO CUCAMONGA TITUll-LU-7. 1 I. VATIONS • PLANNING DIVLSION ENI IMIT: sc-\ u:: A I 'T • CITY OF RANCHO CUCAMONGA MEMORANDUM TO: City Council FROM: Beverly Authelet I am sorry, but the documents for the Refuse Item had not been received in time to include within the Agenda Packet. They should be here very late Friday. I will place them with the packet, of it. • 7 I -- CITI'017 ItAi\CI 10 Cl'C\ VO\C� `o '` Q v )�' STAFF REPORT G O DATE: December 17, 1980 U > TO: City Council and City Manager 1977 FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -15 - LANDMARK - A change of zone from A -1 limited agricultural) to P.- multiple family residential) for 12 acres of land located west of Beryl south of Mignonette - APN 202- 032 -71 ABSTRACT: The Planning Commission held a duly advertised public hearing to consider a change of zone on the above described project on November 12, 1980. At the conclusion of the public hearing, the Planning Commission voted 4 -0 to recommend approval of this zone change to the City Council. Attached is the Staff Report presented to the Planning Commission, in addition to the Environ- mental Assessment and the Recommendation of Approval. For informational pur- poses the Staff Report in Tentative Tract No. 11563 is attached. Several local residents spoke on the matter, generally requesting clarification on the project. No opposition was voiced on this project at the time of the Plan- ning Commission public hearing. The project applicant has also submitted a residential project in conjunction with the zone change which the Planning Commission has reviewed and tentatively approved, pending the final approval of the zone change by the City Council. The proposed project will consist of 92 condominium units. The zone change and proposed project is consistent with both the Interim and the Proposed General Plan. RECOHMENDATION: The Planning Commission has recommended that the Council approve the requested change of zone as described in the Planning Commission Resolution No. 80 -59. Respectfully submitted, BARRY K. HOGAN City Planner � ' BKH:MV:cd Attachments: Planning Commission Staff Report Recommendation of Approval I�1� n U I � U • (71N OF R: \ \CI10 STAFF REP01VF DATE: November 12, 1980 TO: Planning Commission FROH: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -15 - LANDMARK - A change of zone from A -1 limited agricultural to R -2, (multiple family residential), for 12 acres of land located west of Beryl, south of Mignonette - APN 202- 032 -71 BACKGROUND: The applicants are requesting a change of zone for 12 acres of land located west of Beryl Street and on the south side of Mignonette (Exhibit "A ") The present zoning of the property is A -1 (limited agri- cultural) and the request is to change it to R -2 (multiple family resident- ial). The actual density of development that would occur on this site is controlled by the Interim General Plan range (5 -15 dwelling units per acre). The applicant is requesting this change of zone in conjunction with the development of a residential project which is also on this agenda for the Planning Commission's review and consideration. This zone change must occur to allow the development of the project site as proposed by the applicant. ANALYSIS: The project site is presently occupied by an unmaintained citrus grove and is surrounded by various vacant land uses and agricultural uses with residential uses beyond. Specific zoning and land uses for ad- jacent properties is a follows: LAND USE ZONING North Vacant A -1 South Vacant, Existing Egg Ranch A -1 East Single Family Residential A -1 West Vacant, Abandoned Egg Ranch A -1 Thus, the request for change of zone to R -2 is consistent with the Interim General Plan Land Use Element. The zone change is also consistent withthe proposed General Plan which shows a low- medium density of 5 -8 dwelling units per acre. Attached for your review and consideration is Part I of the Initial Study as completed by the applicant. Staff has completed Part II of the Initial Study, the environmental checklist, and has conducted a field investigation. Upon completion and review of the Initial Study, Staff found no significant adverse impacts upon the environment as a result of this zone change. If the Commis- sion concurs with us, and recommends approval of the zone change to the City Council, then they should also recommend issuance of a Negative Declaration. I,V Staff Report November 12, 1980 ZC 80 -16 Page 2 CORRESPONDENCE: This item was advertised as a public hearing within The Daily Report newspaper and approximately 50 public hearing notices were sent to surrounding property owners within 300' of the subject property. To date, no correspondence for or against this project has been received. RECOMMENDATION: It is recommended that the Planning Commission conduct a public hearing and receive all inputand data. If after such consideration, the Commission concurs that such zone change is consistent with the General Plan then a Resolution, recommending approval of Zone Change No. 80 -16 should be adopted. Respectfully Submitted, i / 'AArry K. Hogan I Yty.,pl'anner / I� BKH( V:kp:cd (/ Attachments Exhibit "A ", Location Map Initial Stud }, Part I Resolution of Approval E f �� • • • r� u n • .ii /G Utz /izd f•on Maa Soo, M Line CITY 017 1WN1110 (11CMWIGA ,. INITIAL STUDY • PART I - PROJECT INIVRPiATION SHEET - To be completed by applicant Envirotvnental Assessment Review Fee: $80.00 For all project's rcquiri.ng environmental review, this form must be completed and submitted to the Development Review Cea>mittee through the department where the project application is made. Upon receipt of this application, the Envirc- imcn.` -a1 AnalyrF r staff will prepare Part II of the Initial Study. The no•:olnrl+ent Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee %:ill make one of three. determinations: 1) The project o: ill have no envirenr,er.tal impact and a Negative Declaration will be filed, 2) The project will have an environmental impact and an Environmental Imuact Reuort will be prepared, or 3) An additional information report should he supplied by the applicant giving further information concerning the proposed project. • PROJECT TITLE: CuL, nunuGa \'i lla s. 'l'i nlniivr 1'racL 115(, APPLIC7%NT'S NAME, ADDRESS, TELEPDON : Lawh,,arl:_Cnnsnitants Inc. rn)-' R.. ^IL .St. (TI'land, CA 91756 71 1-081-51,02 NAME, ADDRESS, TELEPHONE OF PERSON TO P5 COMPACTED CO1:CERS7' :G THIS PROJECT: I . ndin.,ri C,in!+,,Mt lt.s, luc. _ 9U2 R 9th tit. Up1.rwh (:A ')1786 LOC71'rlC:1 OF Pr2,77= (ST"t"T ADDE"'- ��sl .I I'�• ..I ,u�, ..nth ^i .',i..n gym; 11 "— . I LIST OT Iii:' PER:IITS Fi +?M 1C7-:., RE:'>in':AL, tTATE AND FFDEIIA i, nGi:I:Cl:';: _..._ - "'iTS: C;no.vnnn n Ca nu t: 7.nl, r I�1 till,, f ('..tlii. U• 1. I R .,I I sL•b I.1 � 30 j PROJ:= DLSCRIPTION • DESCRIPTION OF PROJECT: ?� Unit Project ACRFAGh OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED 5UILDINGS„ IF n]Y: 12 Arms - No Fsistine Buildings p. ..I :n x It00= 11•t pnn gi,.t.,,ci ,Mv S.P. DCSCRIPE THE E77'JIFP`171F*: FAT, SETTT` OF THE PROJECT SITE INCLUDING TNFORNLATION OII TOFOGPAPI!'i, PLl T5 (TREES) , ANIi P,LS, Ai:i CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF PFOPEP.TIES, AND THE DESCRIPTION OF AM E}:ISTI::G STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): 'P1 �i_,jy_1 eit • C{yj s tills oath ',ct�, rr,�sln alclt• 3 Pvrc mrt. Th" if ', rr .-0v ,, cilt'us prove "1' , rtrc roctl ..... Lorth of it. • '1'" tl •vast is z r sidenv, , ^ilh T born _ l: )c• =„c th is nn T. ll o vu vt i'ir, �•lr I'unilc hem's. Is the project, pirt of a larger prcj eCt, one of a =series Of nr•a laL ioe lrticns, '.:h ich althc•:c'•t indi'riduallp small, mad as a whole hove ;ic,.ificnnt envLr ^rc,ental impact? z- 2 131 PULL TIITf' Pi:O,T!CI': YES NO S 1. Create a substantial change in ground • contours? X 2. Create a substantial change in existing noise or vibration? S 3. Create_ a substantial change in demand for municipal ser ^ices (police, fire, water, sewage, etc.)! 4. Create change= in the existing zoning or general plan designations? % _ S: Remove any existing trees? Flow many? 700+ 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any Y @8 answers above: Z.owne will be changed Iron, .\erirvlWE" (a R, eid,.n linl cxintin•• Ci1Yns ern'rc 'Hill Dc rcn IR11JRIIA :.T: If the project involves the construction of residential units, complete the form on the next page. Cf7RTIFIGITTON: I hereby certify that the statements furnished above and in the attached exhibits present the data and information recuired for this initial evaluation to the best c` c; at^i iiv,, anti that the lofts, statements, and inforr,atinn prescnt:ed are tru^ and correct to the best of my and !)-lief. I farther undvr;tand tint acditienal mnv bo required to he submitted before an adr.;unte evaulation can be made by the Development Review Ccrnittce. Date Signature A' �.-- rC ✓%�- -�'-__ Title • Y 9 lcr.s_,uc!:Tlnr, r•n•:r,•rrncTrov • The follos:inq inforriation should be provided to the City of Rancho Cucamonga Planning Division in order to aid in assessinq the ability of the school district to accoimnodate the proposed residential development. Name of Developer and Tentative Tract No.: ALnar Corp. , Ltd. Tentative Tract 115 Specific Location of Project: wc,st d Beryl k South of Mirmmcttr PIIAFT: I PNi•.Ar 2 PIIhSi: ] rIlArP A TOTAL 1. Number of single family units: 2. Number of multiple family units: R, 3. Date proposed to begir. ccnstructien: 111/81 1 1 o / "2 Barli.cst date of occupancy: 7/`17. In tfL I /a+ Modal P and . of Tentative 5. Bedrocns Price nn ^gin A It t' t7 • z- 4 l 33 } 0^ RESOLUTIO'I NO. 80 -59 A RESOLUTION OF THE RANCHO CIICAMONGA PlIVIINO CO:IMISSION RECYMEHOVIG APPROVAL OF ZONE CIIAIIGF. N0. 9015 REQUESTING A Ch AMGE IN THE ZONING FROM A -1 TO R -2 FOR 12 ACRES LOCATED WEST OF DERYL, ON THE SOUTH SIDE OF MIGNONETTE - ASSESSORS PARCEL 110. 202- 032 -71. WFEREAS, on the 22nd day of August. I ? ?.�, an application was filed and accepted on the above described project; and held a duly advertised public hearing pursuant to Section 6554 of the California Government._ Code. SECTIMI 1: The Rancho Cucamonga Planning Connaission has made the following findings: 1. That the subject !)tot,(,) ty is suitable for the uses permitted in the proposed zone in terms of access, size, and compatibility with existing And use in the surrounding area: 'ON 2. The ernposed Lone Chanoo ::null not have sionifieant imp et on the envi rnn'.ant nor M. surrounding properties; and • 3. That the in'o POSod roar r:h,ingo is in con f. ..... once with the existing and pronosed General Plan, SECTION 2: The Ranr,hn C" mnonna Planning Cmmml^.sion has found that this projInct will" not goatee a 9ignificao`, adverse i.m,.o,t nn the environment and w vrends issuance of a ..935 ve D"claration on C,wrTer 12. 1930. NOW, THERUORE, 6E IT RESOLVED: 1. chat pur <unnt to Section 65n50 to 65855 of the California Government Cn.i,r. rhdt the Planninq (7mm.ission of the City of N.5,, Cucamonga hereby rer.rn•.u:lpnds approval on rho 12th rliy of MOVelnbeh, In: ". Zone Ch,n..o 'b. :n -l: �. 'Ir aoun:il al1'r "'• - - ..,:_. i.ane�Cracge ?. a err'ified "f tai: 4:sola'rnn and related m,n'.,r i.il hoTeh7 idnvtod by 'ho Plannioq Crnmrission APPROV10 Id;i) Alr,Pllir THVI Rill OAf OF 1750. • PLNN1 @; E.Di I:;ISSIfo'; ;R" TI!!. Cli',' !lf dA1!CfiO CII(',Aftnl7��1 �i chard Bahl, Chairman ATTEST: Seu'e[ary of the Planning lbnniissimr I, JAR: LNI, Soci ark of the Planningl Co'; 111 Ili en of the City Of Ra TIC 'n0 Cucamonna, do herell certify that the forowing Pesnlnl inn wag duly and regularly inUT&V vd, pas .ed, and adopted by the PI:n"inn Commission of He City of Ruchn Eucam qa at a regular meetinq of file Pliminq Commission held on the l2th !lay of Movemb ?r, IND. by the 511c'who vote to-wit: AYES: CnpHS51(1tlEf�,S: King, Tolstoy, Rc,n`el, Scoranl.a NOES: COB:IISSI!NIR -,; bone ABSENT: Cnt!tj155I0 "CRS: Dahl A • I`1 • 1 s'� ORDINANCE N0. 191 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 202- 032 -71 FROM A -1 TO R -2 LOCATED WEST OF BERYL ON THE SOUTH SIDE OF MIGNONETTE. 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 tire and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. 'C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. • SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. A -V (Limited Agriculture) to R -2 (Multiple family residential) Said property is located west of Beryl on the south side of Mignonette, known as Assessor's Parcel No. 202- 032 -71. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shallcuse the same to be published within fifteen (15) days after its passage at least once in The DaiL.- Report. a newspaper of general circulation published in the City of Ontarfo, California, and circulated in the City of Rancho Cucamonga, California, PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ASSENT: Phillip f D. Schlosser, 1.layor • ATTi.:T: Lauren I•I. Wasserman, City Clerk 0 • r � J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 17, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Vacation of Center Avenue In late July of this year, Data Design Laboratories, in conjunct with industrial subdivision Tract No. 11428, requested vacation six'(6) feet of existing eleven (11) foot parkway along Center Avenue between Church Street and Foothill Boulevard. Current City standard allows a five (5) foot parkway for industrial sub- divisions where no sidewalks are required. During the early hearing process the Council had requested that assurances be obtained to guarantee the maintenance of a dense landscape buffer between the industrial uses on the east side of Center Avenue and the residential uses on the west. Staff has contacted Data Design regarding this concern and out- lined their concurrence to enter into a maintenance agreement which would guarantee the maintenance of landscaping within the current right -of -way area. This agreement is attached for your review and has been executed by Data Design with a $500 deposit being posted as security. The proposed maintenance agreement would insure maintenance of landscaping within the eleven foot parkway area, however, the vacation of the six feet would limit the City's opportunities to create or enhance a buffer in the future. The existence of the eleven foot parkway strip would provide the City with the most latitude for future construction options, however, would be inconsistent with previous right -of -way requirements on indus- trial development where sidewalks were not required. ALTERNATIVES Deny the vacation request and retain the eleven foot parkway. If this alternate is selected, it would be suggested that the Council direct Staff to enforce a policy of obtaining full parkway dedication on industrial property abutting residential uses. 137 STAFF REPORT Vacation of Center Avenue December 17, 1980 Page 2 Grant the vacation request with the approved maintenance agreement. This alternative would involve the execution of the attached resolution of vacation. Respectfully supmitted, LBH: jaa Attachments 131? • • • RESOLUTION NO. 80 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ORDERING TO BE VACATED. A PORTION OF CENTER AVENUE As SHOVN ON MAP NO. .: -008 ON FILE IN THE CITY CLERK'S OFFICE OF THE CITY OF RANCHO CUCAMONGA. WHEREAS, by Resolution No. 80 -75, passed on August 6, 19a0, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more particularly described, and set the hour of 7:00 pm on September 17, 1980, in the Community Services Building located at 9161 Base Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation; BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds from all the evidence sub- mitted that a portion of Center Avenueis unnecessary for present or pros- pective street purposes, and the City Council hereby makes its order vaca- ting the portion of said City street as shown on Map No. V -008 on file in the office of the Clerk of the City of Rancho Cucamonga, which has been fur - then 3e sc ri hed in a lecal descric:iom whim is attacnea hereto, marked Exhibit "A ", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reserva- tions and exceptions, if any, for existing utilities. SECTION 3: The Clerk shall cause a certifed copy of this resolution to he recorded in the office of the County Recorder of San Bernardino County, California. SECTION 4: The Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. APPROVED AND PASSED this _ day of AYU': NOES: Ars €aT: PnilT_)P U. Scnlosser, :'ayor ATTEST: Lauren f•1. Wasserman, City clerk 5F 137 1950, __n JUU ENGINEERlm, City Of ttnn io c:ncm'cnit•n .. o SURVEYING COMPANY, INC. -- o+r Jul., 1't 1900 ltl P.ra foolndl groa - - - - -_ �r C'dL Rnno. C��nynu ouuirno4 Lcc_!lacaLica,— '•Pr- 1]lal___ •cc fro. 9101 Ili t.•, brat description is for the vnrat.i On of the En -trrly six fret. or Center Avenue along the vat, Design Property, Presently being developed as Tract 11428, unrecorded. The F.nsL (r, 00 (cc[ of thr, Vert 10,00 ru.,' of the Ecu Lh ],: Pl,lh feet of the Nor'.h 1,i81.111 foot of I,nt llmnlmr A, according to tthr map n( gynrt 2202, as per plat. rccnrdci, in honk 71, of mnps, ragas 67 nad - nardiuo COWILy, Calirornin, i+, records of San Per- ( 0.18 acres) THERE ARE NO RESERVATIONS OR EXCEPTIONS FOR THIS STREET VACATION Ll 1� IY IN CITY OF RANCI 10 HEMLOCK is ASHFORD :-11 NORWICK EFFEN ii LA L DORSET is STAFFORO --I CUCI\,Nl()N,(;,\ ENGINEERING DIVISION Il LN 1: lllLC: t�4p — V -008 FNI IMI I': su\Ix: N"T.S. s7v 141 MAINTENANCE AGREEMENT A MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND DATA DESIGN CORPORATION FOR THE CONTINUAL MAINTENANCE OF EXISTING LANDSCAPE AND IRRIGATION ON CENTER AVENUE IN THE CITY OF RANCHO CUCAMONGA KNOW ALL MEN BY THESE PRESENT: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, by and between said City and DATA DESIGN CORPORATION, hereinafter referred to as OWNER being owners of Assessor's Parcel No. 208 - 211 -11. WITNESSETH: THAT, WHEREAS, pursuant to said Code, owner has requested approval by the City of a street vacation for Center Avenue between Church Street and Foothill Boulevard, on the East side; and WHEREAS, the City has established certain requirements to be met by said developer prior to granting the final approval of the vacation; and WHEREAS, the execution of this agreement and posting of maintenance security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to orior completion of said requirements for the purpose of securing • said approvai; NOW, THEREFORE, it is hereby agreed by and between the City and the owner as follows: 1. The owner hereby agrees to maintain, to the satisfaction of the City Engineer, at owner's expense all landscape and irrigation improvements existing on the East side of Center Avenue 11 feet wide from 900 feet to 3,080 feet North of Foothill Blvd. from the data hereof. 2. The term of this agreement shall be in perpetuity, commencing on the date of execution hereof by the City, unless voided by Council action. 3. If the owner 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 completed by any lawful means, and thereupon to recover from said security and /or owner the full cost and expense incurred in so doing. Owner hereby agrees to make such restitution and to return used portions of said security to City within 30 days of written notice by City. Should owner fail to comply, then a lien against said owner's land shall be filed with the County by said City for said restitution. 4. The maintenance security to be furnished by the owner to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney. The principal amount of said security shall be not less than the amount shown below: MAINTENANCE SECURITY SUBMITTED: Agent Principal Amount Cash -Trust Owner $500 11 IN WITNESS HEREOF, the parties hereto have caused these present to be fuly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures: OWNER (NOTARIZE) BY: DATE: BY: DATE: WITNESS: DATE: BY ATTEST: DATE: APPROVED AS TO FORM CITY ATTORNEY CITY OF RANCHO CUCAMONGA, CALIFORNIA a municipal corporation 143 MAYOR CITY CLERK • r1 U CITY OF RANCHO CUCAMONGA C,�IcAAIOV MEMORANDUM • 0 F_ December 9, 1980 1977 To: City Council and City Manager From: Bill Holley, Director, Community Services Department Subject: Project Esperanza: Mid -Year Budget Request Armando Navarro, Executive Director, National Institute for Community Development, has submitted a mid -year request for additional funding for Project Esperanza. The attached Program Summary and Proposed Budget are prepared by N.I.C.D. to support that request. The previously mentioned Proposed Budget attachment does not, however, clearly define the new "additional" dollars requested; in that it is first computed on the Federal Fiscal Year rather than the Municipal Fiscal Year, and second, it duplicates items that have already been funded by the current City Budget. Therefore, • it has been restructured by this writer to conform to our Fiscal Year and to breakout currently budgeted costs from "new" ones. The following table is the result of that restructuring. Currently Budgeted 80 -81 , Project Manager Salary Reimbursement to N.I.C.D. . . . . . . . . . $11,000 Project Manager Fringe Reimbursement to N.I.C.D. . . . . . . . . . 1,210 Support services (facility rent, utilities, telephone - charges, maintenance supplies, office supplies, mileage reimbursement, postage costs, liability insurance, and copying costs . . . . . . . . . . . . . . . . . . . . . . . . 9 240 21,450 Proposed Mid -Year Additions (January - June) Recreation Coordinator, 1/2 time . . . . . . . . . . . . . . . . . E 3,348 Recreation Coordinator, Fringe . . . . . . . . . . . . . . . . . . 369 Executive Director . . . . . . . . . . . . . . . . . . . . . 600 Executive Director, Fringe . . . . . . . . . . . . . . . . . . . . 66 Recreation Supplies . . . . . . . . . . . . . . . . . . . . . . . 500 Accounting Services . . . . . . . . . . . . . . . . . . . . . . . 300 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . 100 5,283 Total 80 -81 Allocation Request 26,733 (continued to page 2) page 2 memo 12/9/80 re: Project Esperanza For Council's information, a historical review of the financial relationship between N.I.C.D. and the City of Rancho Cucamonga is as follows: Fiscal Commitment by City to N.I.C.D. 1977 -78: Recreation Supplies only . . . . . . . . . . . . . . . . $ 2,000 1978 -79: Recreation Supplies only . . . . . 2,670 1979 -80: Facility rental, utilities, telephone charges, maintenance supplies, office supplies, mileage reimbursement, postage expenses, liability insurance and copying costs . . . . 7,600 1980 -81: Full time Project Manager plus all of the above from 1979 -80 . . . . . . . . . . . . . . . . . . . . . $21,450 * Federal Summer Youth Recreation Program funds passed through H.O.Y. by City. No direct cost to City other than administering funds. Council Options • 1) Grant full request 2) Grant partial request • 3) Defer request to be considered as a part of the normal budgetary process. Staff Recommendation The following recommendation is not based on the merits of N.I.C.D.'s Project Esperanza. Council has reviewed the program of N.I.C.D. previously and through Council action directed that it is appropriate for the City to support Esperanza's endeavors. It would, however, be Staff's recommendation that Council exercise Option 3 cited above for the following reasons: 1) It gives Council opportunity to view and evaluate the City's Program of Services as a whole, including N.I.C.D. and all "other" Community Based Organizations' proposed program of service and to prioritize the limited resources available to meet that Citywide Program of Services; and, 2) It more clearly defines the scope and impact of a budget request. For example, this particular mid -year request of $5283 when viewed in the regular budget cycle becomes in reality $10,566,for an annual commitment by the City to N.I.C.D, of $32,016 at todays cost. If I can answer any questions, please do not hesitate to call. Thank you. l� 0 }INational Institute for Community Development Dr. ,lrmando ,Navarro �> EXCCIINUe Director PdOScG^ ES?�.:AZi74 T47 W. 2nd Street - San Bernardino. CA 92410 714. 888.0207 DESCRIPTION AND PROJECTED EMP; -IASIS 1991 Y. (ercerot Front 193C Project _Ts:eranza united ;at prcoosal) .. Project Bsperanza is oriented towards deve lO Cing a multi- . service center in the :iOrth :Own area of Rancho '_uca *.onga. =hc primary objective of Project _soeranza is to crovi3e rea`ional activitie_ rd social Services for'purcoses o__ iga`iny the vaIloua social orOble9S plagUiny^ the coTmunity's G:rrio, in ^' particular, the problems of gang violence and juvenile delinquency. A -hit = - a recreation program (Project .ioy an3 Proirct ]sp_ranza) under the :rational Institute for Communi *_y Develocnent has ooer ?,tad k in north Town for only three years, it has alrea''.y receive-1 t:: ^e : sooport of the Sheriff's Decar'tment (see attarn ^A article), 3c`OOl ` 30ard members, and Other city and county officials. Ourin7 the oast year, an increasing n'.:.mber of youth have particicate' in Project csperanza's recreational oro;ect, --uring the school year, acproxi- ate'•, to:en_y yout ^. per f , ,isa Sspa_ -n "3's facilities = --' • equipment for activities sic- as'ping -pong, YSOCCer, baSiCntba 1J, 3n3 volleyball. Project Bsgeranza also sponsors the 31=^ ear 'irut;, Recreation Program for youths aged 7 to 17. This su.,tmer an averaga of s_ig'r. -L- eight (3 -7) youth oarticinate` daily. Project Gsperanza Staff coordinated sports activities, arts and crafts, and field trios. Project 3soeranza youth participate in the Summer Junior Cly- ice, competing elith ':iarrio youth, from Los Olives in ::plan3. In addiri on, field trips were taken to places such as ;,iagic i•iountain, Disnsyla ^.9, 2usti Per Los Angeles Zoo, ate. Project Ssperanza will e, -panel its recreational crogr3m in the upcoming year. In addition to conti.'iuin7 with the afore- entioned activities , emphae_is will be placed on a more comcrahensiva and e;:panded rac:reational orogram. Inclisded will 'ce coed sports nrcgra-+., art and crafts, fief trips , an:! a film series. _ l,.rou.,1; tire- programs, Project :sceranza will be in a position to cromote vcutf, leadership, discicline, r_sponsi'aility =_n :J tcanwor::. ;n partir,; lap, the sports progr will serve to redirect the aner7y an3 17 r =scion of ^_..e you•:h in the targeted nrai in orfer to ccrt =.i1 t.._ orOble -s Of gana violence and juvenile delinquency. Speci`_ically,, Project Gaperanza dill nccomclish its goals ';i evelocia! a be :ring pro.ram and roes so`tba11 t_ -.s as wa'1 as of ^er snorts. The city Of'-Rancho Cucamonga !.as donete.' soccer ba11s an ping oonc eceinment to the crojOct. In addition, the .:ucaionga school district 'nas made their outdoor facilities at t'ns .;id.le Iv P cont'l „r cont'd page IV School available to Project Esperanza participants. This will enable • Project Esperanza to expand its sports activities to include tennis, handball, and football. With the help of a donation from Mayor Schlosser, and through fund raising activitles,Project Esperanza is organizing a Boy Scout Troop. to a In the area of social services, project Esperanza personnel will seek to maximize the availability of social services to the residents of the targeted area and secondly, to educate the residents as to how to utilize the existing services. By accomplishing the preceding, the quality of life will be improved. Specifically, Project Esperanza will maintain and expand its services in the following areas: Social Security: During 1979 and 1980, approx. 5 people per month were assisted in various problems related to Social Security. Most of these problems were accident or employment related. These achievements represent ;1550 per month in reimbursement to community people. Workmen's Comoensation: Three to five people per month were assisted with workmans comp. They have received $3500 in compensation through the efforts of Ssperanza personnel. Welfare Services: More than 20 persons per month have been assisted in this area. Project Esperanza personnel provide information to each person and escort him/her to public offices to receive aid. Personnel from the Welfare and iealth Department have lectured at the site about the services they provide. Inmi- ration: Officers from the Immigration and :iaturalization Service • and the ,Mexican Consul have visited the site to give community people the opoortunity to ask questions regarding assistance and service. More than 20 persons per month were assisted with paper work related to immigration. Internretine /translation: Each month between 15 and 20 persons, particular. Hispanic, were assisted with the interoretation of public and private documents. In some cases, when necessary, persons were escorted by Project Esperanza staff to public offices for additional assistance. While Project Esperanza has provided a beneficial recreational program in the past, the addition of an experienced recreation coordinator and expanded recreational programs for the youth will help create the feelings of community pride and self - sufficiency. • • • i _IATIC.IAL I.7L'TITOT3 FOR CC :"-AUdITf vu "'JCLC ?;'iadTT P7C?OJiD 30DGSr 307 PROJ3C'r c' F-]RALIZA 10/1/80- 9/30/81 i x , ADM IISTRATI08: Rent (250x12) ;3,000.00 Phone (110 x 12) $1,320.00 Utilities (120 x 12) $1,440.00 ' Insurance (liablitl) $1,500.00 Recreation (equipment /arts 31,000.00 and crafts) Office Supplies $ 480.00 Gas %llowance $ 200.00 :accountant (50 x 12) ; 000.00 Miscellanaous (film rental etc.) $__290.00 TOTAL $ 9,740.00 PZISO7Ki3L: Recreation Coordinator '.p 3,505.00 (half -time; 3 /l /dl- 9/30/31 w 558 x7 ) d ?rime $ 430.00 .sxecutive Director $1,200.00 (part time; (100 x 12) j ?rinje ¢ 132.00 'rOTIL ;5,6•a8.00 3n \:;D ;OT %L $15,a03.00 i City Of RANCHO December 2, 1980 CUCAMONGA Armando Navarro, Executive Director National institute for Community Development 747 W. 2nd Street San Bernardino, CA 92410 Dear Dr. Navarro: In studying your funding proposal, I first took the liberty of restructuring the time frame covered in your submittal from the Federal Fiscal Cycle (October - September) to the Municipal Fiscal Cycle (July - June). Second, I broke out cost currently covered by the City's 3udget and calculated the additional amount of new funds requested. The following information is the result of those two actions: Currently Budget 80 -81 Project Manager Salary Reimbursement to N.I.C.D. . . . . . . . . . . $11,000 Project Manager Fringe Reimbursement to N.I.C.D. . . . . . . 1,210 Support Services (facility rent, utilities, telephone charges, maintenance supplies, office supplies, :mileage reimbursement, • postage costs, liability insurance, and copying costs) . . . . . . 9,240 $21,450 Proposed Mid -Year Additions (January - June Recreation Coordinator, 172 time . . . . . . . . . . . . . . . . . . $ 3,348 Recreation Coordinator, Fringe . . . . . . . . . . . . . . . . . . 369 Executive Director . . . . . . . . . . . . . . . . . . . . . . 600 Executive Director, Fringe . . . . . . . . . . . . . . . . . . . . . 66 Recreation Supplies . . . . . . . . . . . . . . . . . . . . . . . . Soo Accounting Services . . . . . . . . . . . . . . . . . . . . . . . . 300 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 $ 5,283 Total 80 -81 Allocation Request $26,733 Your request will be scheduled for City Council review at the meeting of December 17, 1980, 7:00 p.m., at Lion's Park Community Center 9161 Base Line Road, Rancho Cucamonga. If you wish to discuss the information above or add any new support information for Council consideration to that previously submitted, let me know by December 10. Thank you. Cor ial1Y, 1 • 1 am L Holl�e y, Dire or Community Services Oe' \p \ar ment 111 POST OFFICE nOA 7 3 R: \WHO CUC;AMONG,A, `r ALIFORNIA 91730 (714) 989 -1851 r7 u rI L—J « • «. • llwmt December 12, 1980 T0: Mayor and Members of the City Council FROM: City Manager SUBJECT: Proposed Special State -Wide Election of June 2, 1981 To Determine the Fate of the Peripheral Canal Assemblyman Ross Johnson and Senator Reuben Ayala have recently intro- duced legislation calling for a special state -wide election on June 2, 1981, to determine the fate of the Peripheral Canal. This urgency legislation (AB 9) would call a state -wide election to provide for the "submission to the voters of the state at such election the Water Facilities Referendum Statute as qualified on October 16, 1980, making an appropriation therefore, and calling an election, to take effect imnediately ". As Council is probably aware, a referendum to bar construction of the Peripheral Canal has qualified for the ballot. If the referendum qualifies, no work can begin on the canal until the electorate decides its fate, delaying the project for up to 18 months. Therefore, staff would recommend that Council express its support for AB 9 (Johnson and Ayala), calling for a special state -wide election on June 2, 1981 to determine the fate of the Peripheral Canal. As Assemblyman Johnson has pointed out, without the canal,Southern Cali- fornia will need extra time to develop alternative water supplies with the impending loss of Colorado River Water, LMW /JR /vz 15e) CALIFORNIA LECISLATUHE- 1981-02 REGULAR SESSION ASSEMBLY BILL No. 9 �IIIIt Introduced by Assemblyman Johnson (Coauthor: Senator Ayala) C December 1, 1980 REFERRED TO COMMITTEE ON ELECTIONS AND REAPPORTIONMENT • An act calling an election to be conducted on June 2, 1981, and to provide for the submission to the voters of the state at such election the Water Facilities Referendum Statute, as C qualified on October 16, 1990, making an appropriation therefor, and calling an election, to take effect immediately. -�' LEGISLATIVE COUNSELS DICF_ST AR 9, as introduced, Johnson (Elec. & Reap.). Special election: referendum. This bill would call an election to be held throughout the state on June 2, 1981. It would require the submission of the Water Facilities Referendum Statute to be submitted to the voters at such election. Section 2231 of the Revenue and Taxation Code requires the state to reimburse local agencies and school districts for costs mandated by the state. The section also specifies the manner for paying the reimbursement and requires any statute mandating the costs to contain an appropriation to pay for the costs in the initial fiscal year. This statutory provision was supplemented by a constitutional requirement of reimbursement effective for statutes enacted on or after Judy • 1, 1980. This bill appropriates an unspecified sum to the Controller , �, I 5 1 99 40 AMMON AB 9 —2— for allocation and disbursement to local agencies and school districts for costs mandated by the state and incurred by them pursuant to this act. This bill would take effect immediately as an act calling an election. Vote: ' /a. Appropriation: yes. Fiscal committee: yes- State-mandated local program: yes. The people of the State of California do enact as follows 1 SECTION 1. An election is hereby called to be held 2 throughout the state on the 2nd day of June 1981. 3 There shall be submitted to the voters at such election 4 the following question: 5 "Shall Senate Bill 200, a.: enacted by the Legislature 6 during the 1979 -80 Regular Session, and signed by the 7 Governor as Chapter 632 of the Statutes of 1980, relating 8 to water, become law ?" 9 The special election provided for in this act shall be 10 proclaimed, held, conducted, the ballots shall be I I prepared, marked, collected, counted and canvassed and 12 the results shall be ascertained and the returns thereof 13 made in all respects in accordance with the provisions of 14 the Constitution applicable thereto and the law * 15 governing general elections insofar as provisions thereof 16 are applicable to the election provided for in this act. 17 SEC. 2. The sum of dollars ($ ) is 18 hereby appropriated from the General Fund to the 19 Controller for allocation and disbursement to local 20 agencies and school districts pursuant to Section 2231 of 21 the Revenue and Taxation Code to reimburse them for 22 costs mandated by the state and incurred by them 23 pursuant to this act. 24 SEC. 3. This act calls an election within the meaning 25 of paragraph (2) of subdivision (c) of Section 8 of Article 26 1 V of the Constitution and shall go into immediate effect. O ) � z 99 W • l\ •w;FM.. .�4w�u -.o. , - -,:qty ., ;.. ,a .. l J 1501 NO. HAR0031MIIVA10, SOI11101 STATE CAVITCI A FULLERTON. CAMORNIA91635 9A SACRAMENTO. CALIFORNIA 11 STA �G" (]IA)]0b56il (916) 464416 December 4, 1980 ASSEMBLYMAN ROSS JOHNSON Hon. Phillip chlosser SI%TY.NINTH DISTRICT P ORANGE COUNTY Mayor, City of Rancho Cucamonga 7874 Buena Vista Drive Rancho Cucamonga, California 91730 Dear Mayor Schlosser: ' 0 is I recently introduced urgency legislation calling for a special statewide election on June 2, 1981, to decide the fate of the Peripheral Canal. The referendum to bar construction of the Peripheral Canal has qualified for the ballot. Californians are scheduled to vote on the question at the June, 1982 election. The legislation (SB 200), authorizing the construction of the 43 -mile canal, was to become effective January 1, 1981. However, with the success of the qualification of the referendum, no work can begin on the canal until the electorate decides its fate, leaving the canal in limbo for the next 18 months. Continued delay on this vital project jeopardizes the well -being of millions of Californians. Without the canal, Southern California will not have a reliable water supply after the cutoff of Colorado River water. If the canal is blocked by the voters, Southern California will desperately need extra time to locate and develop alternative water supplies, On the other side of the question, if the canal gets the green light, waiting that extra time will result in much higher construction costs. It is estimated that delaying the canal construction for one year will increase the cost by $90 million. The Secretary of State's Office estimates that a special election would cost around $12 million. The only municipal elections scheduled for June 2, 1981 are in Salinas and Compton. Any support that your city could give to the passage of this legislation would be greatly appreciated. Sincerely, �lJ��� ,� ROSS S9N RJ: gg Enclosure ��3 • 9 CITY 01' RA\C110 CI_'(A \10 \G,\ ME,N10RANUUM DATE: December 11, 1980 vl- TO: Members of the City Council and City Manager FROM: Barry K. Hogan, City Planner SUBJECT: Equestrian /Hiking Trails on Flood Control Right -of -flay ABSTRACT: This memo discusses the recent position taken by the San Bernardino County Flood Control District relative to equestrian /hiking trails on Flood Control right -of -way. Recommendation that the City Council adopt the attached Resolution and direct staff to inform the Board of Supervisors of the City Council's position. DISCUSSION: Recently, in the investigation of the conditions for ap- proval for an equestrian tract within the area north of Banyan, Plan- ning staff contacted San Bernardino County Flood Control District to find out whether or not Flood Control right -of -way could be used as an equestrianMi king trail. Mine Galli, the Federal Projects coordi- nator at San Bernardino County, informed the staff, that under no circumstances could the Flood Control right -of -way be used for eques- trian /hiking trail purposes. The proposed Master Plan of Trails indicates many of the master -plan- ned facilities to be on Flood Control right -of -ways. It is vitally important for the future planning of trails within the City of Rancho Cucamonga that we have precise determination from the San Bernardino County Flood Control district for the use of the Flood Control right - of -way for trail purposes. It seems wasteful and self - serving for the right -of -ways of the Flood Control channels to be under utilized. The attached Resolution indicates the Council's desire to have eques- trian /hiking trails on the Flood Control right -of -ways within the City of Rancho Cucamonga. RECOMMENDATION: It is recommended attached Resolution and direct the the Mayor's signature, forwarding County Board of Supervisors asking of the Flood Control right -of -ways Respectfully, SLA mitted, i �'7 BARRY Y,: HOGAN CI T Y,, PLAIN ER DY,u: ik Attach. that the City Council adopt the staff to prepare a letter for the Resolution to the San Bernardino for their cooperation in the use for equestrian /hiking trail purposes. )Sq RESOLUTION N0. 80 -115 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXPRESSING CONCERN AND DESIRE FOR THE USE OF FLOOD CONTROL RIGHT - OF -WAYS FOR EQUESTRIAN/HIKING TRAIL PURPOSES. WHEREAS, the City of Rancho Cucamonga contains numerous equestrians and horses; and WHEREAS, the City of Rancho Cucamonga has areas specifically designed for the keeping of horses; and WHEREAS, the proposed General Plan for the City of Rancho Cucamonga has a Master Plan of Trails Element; and WHEREAS, it is the City's strong desire to implement the Master Plan Trails system when adopted, NO'rl, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY DECLARE THAT: 1. It is our strong intent and desire to provide equestrian/ hiking trails within the Flood Control right -of -way. 2. That the City Council believes that the use of right -of -way • for equestrian trail purposes is an appropriate use and will not infringe upon the use of the right -of -way for maintenance purposes. 3. That the citizens of the City of Rancho Cucamonga have expressed their desire for the City to plan and provide enuestrian /hiking trails for the enjoyment of the citizens of Rancho QlCarionna. PASSED, APPROVED and ADOPTED this 17th day of December, 1980. AYES: NOES: ABSENT: ATTEST: • Lauren bt. Nasscrman, City Clerk Ph il�p D. Schlosser, I•tayor 155 ORDER OF PROCEDURE CITY OF RANCHO CUCAI-40MGA ASSESSMENT DISTRICT NO. 79 -1 (6TH STREET INDUSTRIAL AREA) DATE OF 14EETING: December 17, 1980 at 7:OD p.m. STAFF: Present proposed boundary map, generally showing the following: a. Boundaries of proposed assessment district; b. Extent of works of improvements. CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP. - CITY COUNCIL: Adopt RESOLUTION DESIGNATING PERSONS. . CITY COUNCIL: Adopt RESOLUTION COVERING PRELI ^UNARY DETERMINATION. STAFF: Present debt report pursuant to Division 4 of the Streets and Highways Code of the State of California. STAFF: Summarize method and formula of assessment spread. CITY COUNCIL: Adopt RESOLUTION APPROVING REPORT AND SETTING PUBLIC HEARING [Proposed Public Hearing Date January 21, 1981). is 163 RESOLUTION NO. �t'o- '16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA ADOPTING A MAP SHOWING THE • GENERAL NATURE, LOCATION AND EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVE- MENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS AND EXPENSES OF SAID IMPROVEMENT WHEREAS, there has been received and presented, a map showing the . general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California; said assessment district is known and desig- nated as ASSESS'NT DISTRICT NO.. 79 -1 (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District "). NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA • CALIFORNIA, AS FOL=15: SECTION 1. That the above recitals are all true and correct. SECTION 2. That a map of the Assessment District showing the general nature, location, and extent of the pro- posed public improvement work, and also showing and describing the boundaries of the proposed Assessment District and lands and property to be specifically assessed to pay all the costs and expenses of the proposed improvements designated as PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 79 -1 is hereby submitted, and the same is hereby app- roved and adopted. SECTIO`! 3. That the original map of said proposed boundaries of the Assessment District, and one copy thereof, is to be filed in the office of the City Clerk, and a copy thereof in the Office of the designated Superintendent of Streets. SECTION A. That the City Clerk is directed to endorse on the original and on at least one copy of the map of the Assessment District as herein referred to, a certificate evidencing the date and adoption of this Resolution, and is further directed to file 1�v the original of such in their office and within fifteen (15) days after the adoption of the Resolu- • tion fixing the time and place of the hearing on the formation or extent of said Assessment District, a copy of said map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this day of ATTEST: CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA 166- MAYOR CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA • RESOLUTION NO. OL/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • RANCHO CUCAMONGA DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS WHEREAS, this City Council is, at this time, considering the for- mation of a special assessment district and this City, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, said assessment district to be known and designated as ASSESSMENT DISTRICT NO. 79 -1 (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District "); and, WHEREAS, at this time, this City Council is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA • CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. 0 SECTION 2. That LLOYD B. HUBBS, is hereby appointed to perform all duties and functions of the Superintendent of Streets as said duties are specified and designated in the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, for the above referenced assessment district. SECTION 3. That the place for recordation of the assessment roll and diagram shall be in the Office of the Superintendent of Streets and said assessment roll and diagram, upon recordation, shall be kept as a permanent record of the City. SECTION 4. That the DAILY REPORT is hereby designated as the news- paper for all publications as required by law and as necessary for completion of this Assessment District. APPROVED and ADOPTED this , day of MAYOR CITY OF RANCHO CUCAMONGA ATTEST: CITY CLERK, CITY OF RANCHO CUG4IONGA 1 �(-;7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COVERING PRELIMINARY DETERMIN- ATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT • THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That certain public works of improvement, together with appurtenances and appurtenant work in connection there- with, including acquisition where necessary, are pro- posed to be done and made within the boundaries of a proposed assessment district; said assessment district known and designated as ASSESSi1ENT DISTRICT NO. 79 -1 (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District"). In connection therewith, said City Council finds and determines as follows: A. That the specific nature of the proposed works of improvement consist of all of the work. as • generally shown on the map previously approved relating to the proposed boundaries for the Assessment District. B. That the boundaries of the Assessment District lands proposed to be assessed co pay the costs and expenses of said proposed work and improve- ments are as shorn upon a :sap of said Assessment District, which map has been heretofore approved by this City Council and is on file in the Office of the'.City Clerk. Said map shall govern for all details as to the extent on said Assessment District. SECTION 2. That the statute under which it is proposed that the proceedings will be conducted will be the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California. SECTION 3. That this proposed improvement is referred to LLOYD D.HUBBS, the Appointed Superintendent of Streets who is hereby appointed and required to procure all necessary information to prepare a report on the pro- posed improvement in the manner and form provided for in Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931 ". �5� SECTION 4. That this Resolution and the Report as ordered herein are pursuant to the provisions of the • "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California. SECTION 5. That said Report, pursuant to Division 4, shall have attached to it, a copy of this Resolution, upon its adoption, with the Clerk's Certificate showing the date and vote for said approval. SECTION 6. That this legislative body does, at this time, in- tend to make a contribution towards certain of the costs and expenses of the works of improvement, as proposed under these proceedings. Said contribution shall generally be as follows: Prepaid fees in the amount of $54,614.00 shall be appropriated from the CITY OF RANCHO CUCAMONGA DRAINAGE FUND. SECTION 7. The works of improvements, as proposed for these proceedings consists of the construction of certain grading, clearing and grubbing, paving, storm drain improvements, together with appurtenances • and appurtenant work in connection therewith in portions of 6TH STREET AND OTHER STREETS in a special assessment district within the incorporated limits of the City, said assessment district designated as ASSESSMENT DISTRICT NO. 79 -1. For particulars, reference is made to the Exhibit attached hereto, referenced and so incorporated. APPROVED and ADOPTED this day of CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA • I ✓ v ASSESSMENT DISTRICT NO. 79 -1 • 6TH STREET INDUSTRIAL AREA CITY OF RANCHO CUCAMONGA • • DESCRIPTION OF WORK The general description of work consists of the construction of certain grading, clearing and grubbing, asphalt concrete paving, aggregate bese, and storm drains including all appurtenances and appurtenant work, including acqui- sition of all rights -of -way and easements necessary to accomplish the above improvements to the specified widths and dimensions and all said work and acquisition is located in all or a portion of the following listed streets or easements and as shown on the proposed boundary map (reduced) included herein: Streets - 2 -Lane Divided Two 12 -foot AC /AB travel lanes, separated by a 16 -foot unimproved median, with a 6 -foot AC shoulder on the outside of each lane and appurtenances thereto: 6th Street: From Haven Avenue to Rochester Avenue, a distance of approximately 9050 feet. Milliken Avenue: from 4th Street to 7th Street, a distance of approxi- mately 3990 feet. Streets - 2 -Lane Undivided Two 13 -toot AC /AB travel lanes with a 6 -foot AC shoulder on each side and appurtenances thereto: Cleveland Avenue: From approximately 600 feet north of 41h Street to approximately 600 feet south of 6th Street, a distance of 6 approximately 1930 feet (east side only) and 2 lanes from ap- • proximately 600 feet south of 6th Street to 7th Street, a distance of approximately 1220 feet. New Rochester Avenue: From 4th Street to 6th Street, a distance of approximately 2650 feet. Storm Drain System and Appurtenances Line SC: Commencing at the SBCFCD Channel (Deer Creek) approxi- mately 500 feet west of Center Avenue, thence easterly in Arrow Route to its terminus, a distance of approximately 6010 feet. Line 5D: Commencing at the SBCFCD Channel (Deer Creek) approxi- mately 600 feet west of Center Avenue, thence easterly in 6th Street to approximately 800 feet east of Haven Avenue, thence northerly in a 20 -foot easement parallel to and approximately 800 feet east of Haven Avenue to the north side of the AT & SF Railway, thence easterly in a 20 -foot easement parallel and ad- jacent to the AT & SF Railway to its terminus at Vincent Avenue, a total distance of approximately 8900 feet. • Line 7E: Commencing in Cleveland Avenue at 4th Street, thence northerly in Cleveland Avenue to 6th Street, thence easterly in 6th Street to its terminus at Milliken Avenue, a distance of approximately 4660 feet. _ Line 19A: Commencing in 4th Street approximately 1600 feet east of Milliken, thence northwesterly and northerly in a 20 -foot ease- ment to 6th Street, thence westerly in 6th Street to Pittsburgh Avenue, thence northerly in Pittsburgh Avenue to the terminus of Pittsburgh Avenue, thence northerly in a 20 -foot easement to its terminus at the northerly side of the AT & SF Railway right - of -way, a total distance of approximately 5125 feet. Line 19D: Commencing in Rochester Avenue at State Highway Route 31, thence continuing northerly in Rochester Avenue to the northerly side of the AT & SF Railway right -of -way, thence easterly in a 20 -foot easement parallel to and adjacent to the AT & SF Railway to its terminus approximately 1250 feet west of Rochester Avenue, a total distance of approximately 4460 feet. • 7 1W r � U I • 9 Line 19F: Commencing at a proposed 72 -inch RCP (Line 19D) in Roches- ter Avenue at 6th Street, thence westerly in 6th Street to its ter- minus, a distance of approximately 1300 feet. 16( 8 IV RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMGONA APPROVING REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION is AND MAJORITY PROTEST ACT OF 1931 ", AND FIXING A DATE OF HEARING THEREON WHEREAS, this Council did on the 17th day of December, 1980 by Resolution No. , order the preparation of a report under the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, being Division 4 of the Streets and Highways Code of the State of California, in the matter c£ the construction of certain public works of improvement in a special assessment district known and designated as ASSESS'ENT DISTRICT NO. 79 -1 (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District "); said public works of improvement are generally described as follows: The construction of certain street improvements and drainage improvements, together with appurtenances and appurtenant work in portions of 6TH STREET AND OTHER STREETS within the incorporated limits of the CITY OF RANCHO CUCAIONGA and, WHEREAS, such Report has been prepared and submitted to this City Council_ NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, AS FOLLO:iS: SECTION 1. That the above recitals are all true and correct_ SECTION 2. That the Report for the Assessment District so pre- pared and presented be, and the same hereby is, approved, and the fact and date of this approval shall be endorsed thereon and the Report shall be filed with the City Clerk. SECTION! >. THAT THIS CITY COUNCIL DOES HEREBY FIX THE 21ST DAY OF JANUARY, 1981 1 AT THE HOUR OF 7 :00 P.M. LICK CO' ^*,NITY CE✓T_ , 9121 Paseline Road, R.vicho Cuc=nga, AS TPE TLM AND PLACE W14EN A HEARING ON SAID "REPORT" WILL BE HELD BY THIS CITY COUNCIL. THE CITY CLERK SHALL GIVE NOTICE OF SUCH HEARIC:G BY %tNILING A COPY OF THE NOTICE, POST- AGE PREPAID, TO ALL PERSONS O:vVING REAL PROPERTY WHICH IS PROPOSED TO HE ASSESSED TO PAY ANY PART OF THE COST OF THE tiORK, WHOSE NAMES AND ADDRESSES APPEAR ON THE LAST EQUALIZED .ASSESSMENT ROLL AVAILABLE ON THE DATE THE REPORT WAS CO ?DIENCED, AT HIS ADDRESS AS SHOWN ON SUCH ROLL, OR AS KNO:.V TO THE CITY CLERK, ALL IN THE IIXn FANNER AND FORMA PROVIDED FOR IN SAID DIVISION 4. APPROVED and ADOPTED this _ day of • ATTEST: CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA MAYOR CITY OF RANCHO CUCAIONGA STATE OF CALIFORNIA 165 • • Cite of RNNCHO CUCAN40NGA December 15, 1980 Eugene Bianchin 6348 Topaz Alta Loma, Ca. 9170:1. Dear Mr. Bianchin: Thank you for your letter concerning a disposal service for Rancho Cucamonga, The City Council has determined that the revised refuse ordinance will include a provision requiring advance payment for billing. The primary reason for this condition is that in a number of instances people move from the Community without paying their bills. The advance payment provides some protection to the refuse companies. The only alternative I can think of to advance billing would be to handle the service in much the same manner as many public utilities, particularly water and publicly operated trash companies. That would be to require an advance deposit which would not, I am sure, be in accordance with your philosophical view. For residents who will be living in the Community for quite some time, the advance billing should have no substantial impact. In fact, that is how the service was handled by both Rancho and Yukon prior to the City granting a franchise for refuse collection. Your letter also indicated that City employees would be respon- sible for collecting delinquent payments for the disposal com- panies. The City ordinance is set up to require trash collection, but it makes no requirement that City employees collect any of the funds. Payments are made directly to the refuse companies. However, it may be that the City will ultimately have to become involved in issuing citations to those who choose not to pay the refuse companies for services rendered. Continued..... POST OFFICE. BOX 807 . RANCHO (q CA)IONGA. CALIFORNIA 91730 . 714 989.1851 Eugene Branchin Page Two December 15, 1980 I assume that you are aware that although the service is to be mandatory, there are certain conditions under which you may receive an exemption. The primary alternative avail ble to you, if you are that dissatisfied with the service, would be to handle your own refuse disposal. The City will grant exemptions to those who remove their own trash at least once every two weeks and it will be necessary for those who receive an exemption to save their receipts from the Milliken Landfill;In the event we have problems, we will want to verify that trash has been disposed of properly. In summary, it appears that there is no way to convince you that the advance payment issue is a relatively minor issue in view of all of the other problems facing the City, not only those which relate to trash disposal but other more significant issues. In my view, you hit the nail on the head when you stated in your letter that the City Manager and City Attorney were not appointed to serve as collection agencies for private businesses. I certainly agree with that statement and I think your point could be carried somewhat further by indicating that the services of the City Manager and City Attorney could best be spent handling the more important long range Community problems which must be dealt with if Rancho Cucamonga is to be one of California's outstanding Communities. I am sorry you disagree with the City Council's position. Naturally, you may address the City Council of your concerns. You may also be assured that the Council will receive a copy of your letter. Sincerely, auren M. Wasserman City Manager LMW /v2 CC/ City Council %� +1 /� / /�O u � / � � / /� i � � � �_ � � i i i / /�� i i / / '� � / ,�' � �� � � . � i , � / r % '� / � / / i � i, �,� � / • i i / / � �/ � 1 � , / i � / ` i •/ ' i /, � i�� / / / _ i : - �� / / i .' �/ i J / / - . 1. 71- � _. s�'�- sac � ._ __ - MEMORANDUM Goo c, s F December 17, 1980 1977 TO: City Manager and Members of the City Council FROM: Assistant City Manager4viR_ SUBJECT: Adoption of Refuse Ordinance 132 and Rate Resolution 80 -120 Ordinance No. 132 incorporates all of the language of the original refuse ordinance 117, as well as the Council directed modifications outlined in 117 -A, which was included in the original Council packet. Resolution 80 -120 provides a mechanism to establish (1) a residential refuse rate, (2) a senior citizen's rate, and (3) a penalty for non - payment. Residential Rate Council has recommended that refuse rates be rolled back to the original monthly rate of $5.50 and that a unviersal rate be established through- out the Community. Senior Citizen Rate In a recent staff survey, it was found that there are only two cities that currently offer a senior citizen's rate. These include Claremont and Ontario. Claremont provides a $10.00 /year reduction in refuse rates and Ontario offers a 5% reduction. If Council elects to establish a senior citizen's rate, staff would recommend that the reduction be expressed as percentage in dollars. For example, a 25% reduction would be $1.00 off the rolled back rate or a 12!;% reduction would be .50 off the proposed rate. Penalty for Non - Payment At our last meeting, Council expressed a concern that a 100% non- payment penalty was excessive. Staff would request direction from Council as to a recommended penalty payment. Penalty payments for City Business Licenses are currently 50 ". Continued.... Adoption of Refuse Ordinance 132 and Rate Resolution 80 -120 Page Two December 17, 1980 In summary, it will be necessary for the Council to accomplish the following to resolve the Refuse Franchise issue: ✓ 1. Adopt Ordinance 132 2. Adopt Resolution No. 80 -120 and at the same time, establish ~ a refuse rate, senior citizen's rate and penalty for non - payment rate. 3. Direct staff to forward Franchise Agreements for Refuse Disposal to Yukon and Rancho Disposal or t eir consideration and coordination with the City Attorney. p► 4. Staff would request that Council table the refuse consultant report for future reference, if Council elects to reconsider the recent rate increases or future rate increase requests. �W�. /' JHR /vz �__�_ FRANCHISE AGREEMENT FOR REFUSE DISPOSAL NORTHERN SECTION OF RANCHO CUCAMONGA THIS AGREEMENT, made and entered into this day of , 1980, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, hereinafter referred to as "City ", and YUKON DISPOSAL, a California corporation, hereinafter referred to as "Contractor ", provides as follows: W I T N E S S E T H: WHEREAS, heretofore City has duly adopted an ordinance concerning the collection, removal and disposal of refuse within the City of Rancho Cucamonga; and WHEREAS, said ordinance authorizes the City Council of City to contract with any person, firm or corporation for the collection, removal and disposal of such refuse from within the City of Rancho Cucamonga. NOSY, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I GENERAL PROVISIONS SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. All provisions of the City of Rancho Cucamonga Ordinance No. 117, as the same now exists or as it may hereafter be amended, and all provisions of any other ordinance of the City which may hereafter be enacted and which in any way deals with the subject of disposal of refuse from residential units in the City, hereinafter collectively referred to as the "Refuse Ordinance ", are hereby incorporated by reference and made a part of this Agreement as if the same were set forth herein in full. SECTION 2. DEFINITIONS. For the purpose of this Contract, the following words and phrases are defined and shall be construed as follows, unless it shall be apparent from the context that a different meaning is intended: A. "NORTHERN SECTION" shall mean that portion of the City north of the street of Base Line. B. "DISPOSE" and "DISPOSAL" shall mean the complete operation of collecting, treating, transportation and dispos- ing of accumulations of refuse and the products or residue -1- arising from any treatment. C. "EXCLUDED MATERIALS" shall mean those wastes and other materials not included in the refuse ordinance definitions of refuse, garbage, combustible rubbish and non- combustible rubbish. SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, rules and regulations of the State, County, City and all political subdivisions thereof having jurisdiction over work done or to be done under this Contract; the Contractor must conform to and abide by all ordinances of City and of the County and of cities through which refuse collected may be hauled or wherein such refuse may be disposed of. This Contract, all terms, provisions, conditions and specifications hereof, and all duties and obligations imposed hereunder upon the Contractor, his agents, employees and assigns and all of the rights and privileges of the Contrac- tor hereunder, shall be subject to and conditioned on the provisions of such statutes, ordinances, rules and regulations as the City Council may, from time to time, adopt or make with respect to collection, removal or disposal of refuse, with due regard to the financial impact and mutual interest of the Contractor or the City. SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY. Contractor shall indemnify and hold harmless City from and against any and all claims arising from the conduct of Contractor's business or from any activity, work or thing done, permitted or suffered by Contractor in the performance of this Agreement, and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obliga- tions on Contractor's part to be performed under the terms of this Contract or arising from any negligence of the Contractor or any of Contractor's agents, officers, contrac- tors, or employees, and from and against all costs, attor- neys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought there- on; and in case any action or proceeding be brought against City by reason of any such claim, Contractor upon notice from City shall defend the same at Contractor's expense by counsel satisfactory to City or City may defend the same and require payment of attorneys' fees in advance from Contractor. SECTION 5. DEFAULTS; REMEDIES. A. DEFAULTS. In addition to anything set forth specifically herein and referred to as a material default, the occurrence of any one or more of the following events shall constitute a material default and breach of this -2- Agreement by Contractor: (1) the failure by Contractor to observe or perform any of the covenants, conditions or provisions of this Contract to be observed or performed by Contractor, where such failure shall continue for a period of thirty (30) days after written notice thereof from City to Contrac- tor; (2) the failure of Contractor to perform all work required of the Contractor hereunder in a good, thorough and workmanlike manner; (3) the filing by or against Contractor of a petition to have Contractor adjudged a bankrupt or a petition for reorganization or arrangement under any laws relating to bankruptcy; the making by Contractor of any general assign- ment, or general arrangement for the benefit of creditors. Failure to comply with any of the terms, provisions or conditions of this Contract by Contractor by reason of major disaster, epidemic or other great emergency shall not constitute a breach of contract. B. REMEDIES. In the event of any such material default or breach by Contractor, City may at any time there- after, upon giving Contractor written notice as herein provided, and without limiting City in the exercise of any other right or remedy which City may have by reason of such default or breach: (1) terminate this Agreement and all of Contractor's rights hereunder. In the event of such termi- nation Contractor shall pay over to City, for the benefit of the occupants of residential units of the Northern Section, all refuse fees which have been collected but have not yet been earned by Contractor, such fees to be prorated to the date of termination, on the basis of a thirty (30) -day month. (2) pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. (3) cure the default of Contractor itself; provided that if City, by reason of Contractor's default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be immediately due from Contractor to City and shall bear interest at the rate of twelve percent (12%) per annum from the date the sum is paid by City until City is reimbursed by Contractor. -3- ARTICLE II TERM AND AREA OF AGREEMENT SECTION 6. TERM OF CONTRACT. The term of this Contract shall be for a period of five (5) years commencing on the day of , 1980. The Contract shall automatically be renewed at the end of each year for an additional one (l) -year period unless a Notice of Non - Renewal is given as provided below. If either the Contractor or the City desires not to renew the Contract, a notice shall be served upon the other party. Unless said notice is served within thirty (30) days prior to the renewal date, the Contract shall be renewed for an additional period. If notice of Non - Renewal is served as hereinabove provided, the existing contract shall remain in full force and effect for the balance of the period remaining on the original term or the last renewal of the Contract, as the case may be. ARTICLE III GENERAL SCOPE OF CONTRACTOR'S DUTIES AND SERVICES SECTION 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have the sole and exclusive duty to dispose of all refuse set out for collection from all residential units within the Northern Section, and Contractor shall furnish all labor, materials and equipment necessary for the perfor- mance of such work, provided, however, that the Contractor shall not be required to collect any uncontainerized scat- tered rubbish or garbage unless such garbage has been thor- oughly drained, wrapped and containerized. Except as other- wise provided herein, Contractor shall not be required to dispose of excluded items. All of the work required of the Contractor hereunder shall be done in a good, thorough and workmanlike manner. Notwithstanding the foregoing provis- ions of this section, Contractor shall have not duty to dis- pose of refuse from those residential units within the Northern Section for which an exemption from refuse collec- tion charges has been granted by the City. SECTION S. DISPOSAL. All refuse collected by Contractor shall become the property of Contractor immediately upon the collection thereof, and shall be forthwith removed and transported by Contractor to a lawful place of disposal, which shall be provided, arranged for or furnished by Con- tractor. Contractor, at its own expense shall pay all costs *Section 7 was repeated from previous Agreement, and this new sentence was added. -4- and charges in connection with said disposal. SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or dropped by Contractor from any vehicle transport- ing the same or otherwise, or if any vehicle operated by the Contractor shall discharge any fluid, either upon public or private property, it shall immediately be cleaned up and removed by Contractor at the expense of Contractor. SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not assign this Agreement or any part thereof, or any right or privilege connected therewith, without first obtain- ing City's written consent. One consent by City shall not be consent to a subsequent assignment. Contractor's inter- est in this Agreement is not assignable by operation of law, nor is any assignment of its interest herein, without City's written consent. The transfer, either voluntarily or invol- untarily, of all or substantially all of the assets of Contractor, the transfer, either voluntarily or involuntarily, of a majority of the voting (or common) stock of Contractor; the merger or dissolution of Contractor shall be deemed an assignment of the Agreement for the purposes of this Agree- ment. Any assignment of this Agreement, or any part hereof, or any right or privilege connected herewith, without the written consent of City first had and obtained shall consti- tute a material breach of this Agreement. SECTION 11. EXCLUSIVENESS OF CONTRACT. Except as otherwise required by state law, it is agreed by and between the parties hereto that it is the intention of the parties hereby the terms of this Contract to constitute Contractor the sole and exclusive person, firm or corporation author- ized or permitted to collect, remove and dispose of garbage, rubbish, waste and other refuse matter from all residential premises within the Northern Section during the term of this Contract. Contractor hereby releases any and all rights given it under state law to continue collecting refuse from any residential premises in the City. City shall protect Contractor's rights to an exclusive contract by proper ordinances, and by reasonable enforcement thereof. SECTION 12. FREQUENCY OF COLLECTION. The Contractor shall collect from each residential unit a minimum of once each week, but can provide additional collection service at additional charge whenever such service is necessary to prevent excessive accumulation of refuse, SECTION 13. COLLECTION- EMERGENCY VEHICLE. Contractor agrees to have available between the hours of 8:00 a.m, and • The word "elsewhere" was deleted. #s When numbering the original sections was made, "12" was inadvertently left out. All sections have been renumbered. -5- 3 :00 p.m. an emergency vehicle and other necessary equipment to take care of any complaints or emergencies which require immediate attention. SECTION 14. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to furnish without additional or special charge trucks, labor and all other necessary equipment and person- nel to participate in an annual City Clean -Up Campaign for one week at such time as is designated by City. Collections during the Annual Clean -Up Campaign will be made at locations designated by the City, provided, however, that the number of locations shall not exceed ten (10). In addition to collecting refuse as defined in the refuse ordinance, Contrac- tor shall also collect furniture, large household appliances, automobile parts, scrap lumber, and other like items. SECTION 15. RECORD OF NON - COLLECTION. When refuse deposited for collection is not collected by the Contractor for sufficient reason, he shall leave a red tag provided at his cost at least 2 -7/8" x 5 -3/4" in size, on which he has indicated the reasons for his refusal of the garbage or rubbish, giving reference to the section of the City ordi- nance or to the section of City or Contractor's Rule which has been violated, and which gives grounds for his refusal. This information shall either be in writing or by means of a check system. SECTION 16. ENTERING PRIVATE PROPERTY. The Contractor shall in no-event be under any obligation to enter private courts or places or other private property to make collec- tions under this Contract. However, if by invitation of the owner or occupant and agreed by the Contractor, Contractor shall assume that the pavement and entry way is of sufficient strength and safety to support his vehicle without damage either to the premises or Contractor's equipment or men, Contractor shall have the right to enter such premises. SECTION 17. CARE OF CONTAINERS. The Contractor, his agents and /or his employees shall not throw garbage or rubbish containers from the truck to the pavement or in any other way use excessive roughness in handling the ware, but shall use prudent care. However, notwithstanding the cus- tomer shall be responsible for the repair and replacement of his own containers. ARTICLE IV CHARGES FOR COLLECTION SECTION 18. CHARGES. Charges for refuse collection shall be reviewed once annually, in October of each year, and may be adjusted as the City Council may, in its discre- tion, determine, provided, however, that without the consent ^the "charges" section was deleted in its entirety and new language substituted. -6- of the Contrator the charges shall not be reduced below the amounts established by Resolution No. 60- SECTION 19. EXCLUDED MATERIAL PICK -UP. Contractor may contract with owners, residents and proprietors of residen- tial property in the Contract Area to collect and dispose of excluded materials on such terms as may be mutually agree- able to Contractor and the customer concerned. SECTION 20. FRANCHISE FEE. Contractor shall pay to City, as hereinafter provided, as a franchise fee and as consideration for entering into this Agreement, the follow- ing: A. A sum of money equal to five percent (5 %) of the gross receipts of Contractor. The term "gross receipts" as used herein shall be the total amount in dollars of all sums collected by Contractor from occupants or owners of residential units in the Northern Section for the performance of disposal services required or authorized by this Agree- ment. B. On or before the thirtieth (30th) day of each month Contractor shall pay over to City the City's percent- age share of the gross receipts of Contractor collected during the previous calendar month. C. On or before the thirtieth (30th) day of each calendar month, Contractor shall prepare and deliver to City a monthly statement of gross receipts of the Contractor during the previous calendar month, certified by an authorized officer of Contractor. In the event City is not satisfied with any such statement submitted by Contractor, City shall have the right to make a special audit, by auditors selected by City, of the books and records of Contractor. If such audit shows a deficiency for the period covered, the amount thereof shall be paid promptly by Contractor; if such audit shall show an overpayment, the excess shall be applied on any amounts then due to City by Contractor, and the balance, if any, refunded promptly to Contractor. If any such state- ment is found to be incorrect to an extent of more than three percent (38) over the figures submitted by Contractor, Contractor shall pay for such special audit, and if such special audit verifies Contractor's statement to be correct or not to vary more than three percent (38) over the figures submitted by Contractor, the expense of such audit shall be borne by City. D. During the term of this Agreement, and for a period of four (4) years thereafter, Contractor shall keep and maintain full, complete and proper books, records and accounts of all gross receipts. -7- SECTION 21. BONDS. The Contractor shall procure and maintain and keep on file with the City Clerk during the term of the contract, the following valid and unexpired bonds, in a form approved by the City Attorney, executed by Contractor as principal, and by the corporate surety comply- ing with each and all of the provisions of Section 1056 of the Code of Civil Procedure of the State of California, as surety. Each bond shall provide that it shall not be cancelled by the insurance carried unless thirty (30) days' prior notice of such intention to cancel shall first have been served upon the City Clark of City. Each such bond shall further provide that it shall not be void upon the first recovery, but that same may be sued on and recovered from time to time until the whole penalty is exhausted. A. A Faithful Performance Bond, in the principal sum of $15,000.00 to guarantee the faithful performance of the contract during the term hereof. SECTION 22. COMPENSATION INSURANCE. The Contractor Shall, during the life of this contract, keep fully insured, at his own expense, all persons employed by him in connection with the Contract, as required by the "Workmen's Compensation Insurance and Safety Act" of the State of California, and shall not hold the City responsible for any liability that may arise by reason of the injuries to any employees of the Contractor who are injured whild performing any work or labor necessary to carry out the provisions of this Contract. The Contractor shall, at all times, keep on file with the City Clerk evidence that the Contractor is fully and properly insured, as required by the Act. SECTION 23. RECORDS OF OPERATION. Contractor shall keep and preserve, during the term of this Agreement, full, complete and true records of his operations, including, but not limited to, cost figures relating to personnel, equip- ment and administrative overhead incurred in collecting and disposing of the garbage and trash from all residences and premises within the City. Contractor shall engage a certi- fied public accountant to prepare same and make available for City Administrator's review but such records shall remain confidential. SECTION 24. NOTICES. Any notice that may be given to Contractor under or with respect to this Contract shall be deemed to have been given when personally delivered or when sent to Contractor by registered or certified mail, return receipt requested, postage paid, addressed to Contractor at Post Office Box 1, Alta Loma, California 91701. Any notice that may be given to City under or with respect to this Contract shall be deemed to have been given when personally delivered to the City Clerk of City or when sent to City by -8- registered or certified mail, return receipt requested, postage paid, addressed to the City Clerk of City at 9320 -C Base Line Road, P.O. Box 807, Rancho Cucamonga, California 91730. Either party may change the place to which notices to it are to be mailed by giving notice of change of address in the manner described in this Section. SECTION 25. POLICE POWER. City reserves the right to determine, in the exercise of its powers, to provide for the public health and welfare, whether technological or other changes materially affect the level of the service required by the City, and in such case, the level of service hereunder may be adjusted by City and this Contract shall be reviewed and revised accordingly. SECTION 26. INTEGRATION. This Agreement, upon accep- tance by the parties hereto, constitutes the sole and only agreement between Contractor and City as to the subject matter hereof, and is intended by each to constitute the final written memorandum of all of their agreements and understandings in this transaction. SECTION 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same force and effect as if all signatures were appended to one document, each of which shall be deemed an original. SECTION 28: INVALIlicatiDITY. If any term or provision of this Agreement or app on thereof is held invalid or unenforceable as to any party, the balance of the Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 29. MISCELLANEOUS. The masculine gender, the singular number and the present tense, shall be deemed to include the feminine and neuter genders, plural number and past and future tenses, respectively, where the context so requires. The article and section headings herein are used only for the purposes of convenience and shall not be deemed to limit the subject of the articles and sections hereof. EXECUTED at Rancho Cucamonga, California, on the day and year first above written. CITY OF RANCHO CUCAMONGA, a (NORTH) municipal corporation YUKON DISPOSAL, a California corporation BY: BY: PHILLIP D. SCHLOSSER, Mayor (Title) ATTEST: BY: (Title) N M. WASSERMAN, City Clerk -9- r FRANCHISE AGREEMENT FOR REFUSE DISPOSAL SOUTHERN SECTION OF RANCHO CUCAMONGA THIS AGREEMENT, made and entered into this day of , 1980, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, hereinafter referred to as "City ", and RANCHO DISPOSAL, a California corporation, hereinafter referred to as "Contractor ", provides as follows; W I T N E S S E T H• WHEREAS, heretofore City has duly adopted an ordinance concerning the collection, removal and disposal of refuse within the City of Rancho Cucamonga; and WHEREAS, said ordinance authorizes the City Council of City to contract with any person, firm or corporation for the collection, removal and disposal of such refuse from within the City of Rancho Cucamonga. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I GENERAL PROVISIONS SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. All provisions of the City of Rancho Cucamonga Ordinance No. 117, as the same now exists or as it may hereafter be amended, and all provisions of any other ordinance of the City which may hereafter be enacted and which in any way deals with the subject of disposal of refuse from residential units in the City, hereinafter collectively referred to as the "Refuse Ordinance ", are hereby incorporated by reference and made a part of this Agreement as if the same were set forth herein in full. SECTION 2. DEFINITIONS. For the purpose of this Contract, the following words and phrases are defined and shall be construed as follows, unless it shall be apparent from the context that a different meaning is intended: A. "SOUTHERN SECTION" shall mean that portion of the City south of the street of Base Line. B. "DISPOSE" and "DISPOSAL" shall mean the complete operation of collecting, treating, transportation and dispos- ing of accumulations of refuse and the products or residue -1- arising from any treatment. •- r C. "EXCLUDED MATERIALS" shall mean those wastes and other materials not included in the refuse ordinance definitions of refuse, garbage, combustible rubbish and non- combustible rubbish. SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, rules and regulations of the State, County, City and all political subdivisions thereof having jurisdiction over work done or to be done under this Contract; the Contractor must conform to and abide by all ordinances of City and of the County and of cities through which refuse collected may be hauled or wherein such refuse may be disposed of. This Contract, all terms, provisions, conditions and specifications hereof, and all duties and obligations imposed hereunder upon the Contractor, his agents, employees and assigns and all of the rights and privileges of the Contrac- tor hereunder, shall be subject to and conditioned on the provisions of such statutes, ordinances, rules and regulations as the City Council may, from time to time, adopt or make with respect to collection, removal or disposal of refuse, with due regard to the financial impact and mutual interest of the Contractor or the City. SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY. Contractor shall indemnify and hold harmless City Erom and against any and all claims arising from the conduct of Contractor's business or from any activity, work or thing done, permitted or suffered by Contractor in the performance of this Agreement, and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obliga- tions on Contractor's part to be performed under the terms of this Contract or arising from any negligence of the Contractor or any of Contractor's agents, officers, contrac- tors, or employees, and from and against all costs, attor- neys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought there- on; and in case any action or proceeding be brought against City by reason of any such claim, Contractor upon notice from City shall defend the same at Contractor's expense by counsel satisfactory to City or City may defend the same and require payment of attorneys' fees in advance from Contractor. SECTION 5. DEFAULTS; REMEDIES. A. DEFAULTS. In addition to anything set forth specifically herein and referred to as a material default, the occurrence of any one or more of the following events shall constitute a material default and breach of this -2- Agreement by Contractor: (1) the failure by Contractor to observe or perform any of the covenants, conditions or provisions of this Contract to be observed or performed by Contractor, where such failure shall continue for a period of thirty (30) days after written notice thereof from City to Contrac- tor; (2) the failure of Contractor to perform all work required of the Contractor hereunder in a good, thorough and workmanlike manner; (3) the filing by or against Contractor of a petition to have Contractor adjudged a bankrupt or a petition for reorganization or arrangement under any laws relating to bankruptcy; the making by Contractor of any general assign- ment, or general arrangement for the benefit of creditors. Failure to comply with any of the terms, provisions or conditions of this Contract by Contractor by reason of major disaster, epidemic or other great emergency shall not constitute a breach of contract. H. REMEDIES. In the event of any such material default or breach contractor, City may at any time there- after, upon giving Contractor written notice as herein provided, and without limiting City in the exercise of any other right or remedy which City may have by reason of such default or breach: (1) terminate this Agreement and all of Contractor's rights hereunder. In the event of such termi- nation Contractor shall pay over to City, for the benefit of the occupants of residential units of the Southern Section, all refuse fees which have been collected but have not yet been earned by Contractor, such fees to be prorated to the date of termination, on the basis of a thirty (30) -day month. (2) pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. (3) cure the default of Contractor itself; provided that if City, by reason of Contractor's default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be immediately due from Contractor to City and shall bear interest at the rate of twelve percent (128) per annum from the date the sum is paid by City until City is reimbursed by Contractor. -3- ARTICLE II TERM AND AREA OF AGREEMENT SECTION 6. TERM OF CONTRACT. The term of this Contract shall be for a period of five (5) years commencing on the day of , 1980. The Contract shall automatically be renewed at the end of each year for an additional one (1) -year period unless a Notice of Non - Renewal is given as provided below. if either the Contractor or the City desires not to renew the Contract, a notice shall be served upon the other party. Unless said notice is served within thirty (30) days prior to the renewal date, the Contract shall be renewed for an additional period. If notice of Non - Renewal is served as hereinabove provided, the existing contract shall remain in full force and effect for the balance of the period remaining on the original term or the last renewal of the Contract, as the case may be. ARTICLE III GENERAL SCOPE OF CONTRACTOR'S DUTIES AND SERVICES SECTION 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have the sole and exclusive duty to dispose of all refuse set out for collection from all residential units within the Southern Section, and Contractor shall furnish all labor, materials and equipment necessary for the perfor- mance of such work, provided, however, that the Contractor shall not be required to collect any uncontainerized scat- tered rubbish or garbage unless such garbage has been thor- oughly drained, wrapped and containerized. Except as other- wise provided herein, Contractor shall not be required to dispose of excluded items. All of the work required of the Contractor hereunder shall be done in a good, thorough and workmanlike manner. Notwithstandinq the foregoinq provis- refuse co lec- SECTION B. DISPOSAL. All refuse collected by Contractor shall ecome the property of Contractor immediately upon the collection thereof, and shall be forthwith removed and transported by Contractor to a lawful place of disposal, whic', shall be provided, arranged for or furnished by Con- tractor. Contractor, at its own expense shall pay all costs *Section 7 was repeated from previous Agreement, and this new sentence was added. -4- and charges in connection with said disposal. SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or dropped by Contractor from any vehicle transport- ing the•same or otherwise, or if any vehicle operated by the Contractor shall discharge any fluid, either upon public or private property, it shall immediately be cleaned up and removed by Contractor at the expense of Contractor. SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not assign this Agreement or any part thereof, or any right or privilege connected therewith, without first obtain- ing City's written consent. One consent by City shall not be consent to a subsequent assignment. Contractor's inter- est in this Agreement is not assignable by operation of law, nor is any assignment of its interest herein, without City's written consent. The transfer, either voluntarily or invol- untarily, of all or substantially all of the assets of Contractor, the transfer, either voluntarily or involuntarily, of a majority of the voting (or common) stock of Contractor; the merger or dissolution of Contractor shall be deemed an assignment of the Agreement for the purposes of this Agree- ment. Any assignment of this Agreement, or any part hereof, or any right or privilege connected herewith, without the written consent of City first had and obtained shall consti- tute a material breach of this Agreement. SECTION 11. EXCLUSIVENESS OF CONTRACT. Except as otherwise required by state law, it is agreed by and between the parties hereto that it is the intention of the parties hereby the terms of this Contract to constitute Contractor the sole and exclusive person, firm or corporation author- ized or permitted to collect, remove and dispose of garbage, rubbish, waste and other refuse matter from all residential premises within the Southern Section during the term of this Contract. Contractor hereby releases any and all rights given it under state law to continue collecting refuse from any residential premises in the City. City shall protect Contractor's rights to an exclusive contract by proper ordinances, and by reasonable enforcement thereof. * SECTION 12. FREQUENCY OF COLLECTION. The Contractor shall collect from eac residential unit a minimum of once each week, but can provide additional collection service at additional charge whenever such service is necessary to prevent excessive accumulation of refuse. ** SECTION la. COLLECTION - EMERGENCY VEHICLE. Contractor agrees to haveavai able between the hours of 8:00 a.m. and * The word "elsewhere" was deleted. ** When numbering the original sections were made, "12" was inadvertently left out. All sections have been renumbered ( "13" became "12 ", etc.). 3:00 p.m. an emergency vehicle and other necessary equipment to take care of any complaints or emergencies which require immediate attention. SECTION 14. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to furnish without additional or special charge trucks, labor and all other necessary equipment and person- nel to participate in an annual City Clean -Up Campaign for one week at such time as is designated by City. Collections during the Annual Clean -Up Campaign will be made at locations designated by the City, provided, however, that the number of locations shall not exceed ten (10). In addition to collecting refuse as defined in the refuse ordinance, Contrac- tor shall also collect furniture, large household appliances, automobile parts, scrap lumber, and other like items. SECTION 15. RECORD OF NON - COLLECTION. When refuse deposited for collection is not collected by the Contractor for sufficient reason, he shall leave a red tag provided at his cost at least 2 -7/8" x 5 -3/4" in size, on which he has indicated the reasons for his refusal of the garbage or rubbish, giving reference to the section of the City ordi- nance or to the section of City or Contractor's Rule which has been violated, and which gives grounds for his refusal. This information shall either be in writing or by means of a check system. SECTION 16. ENTERING PRIVATE PROPERTY. The Contractor shall .in no event be under any obligation to enter private courts or places or other private property to make collec- tions under this Contract. However, if by invitation of the owner or occupant and agreed by the Contractor, Contractor shall assume that the pavement and entry way is of sufficient strength and safety to support his vehicle without damage either to the premises or Contractor's equipment or men, Contractor shall have the right to enter such premises. SECTION 17. CARE OF CONTAINERS. The Contractor, his agents and /or his employees shall not throw garbage or rubbish containers from the truck to the pavement or in any other way use excessive roughness in handling the ware, but shall use prudent care. However, notwithstanding the cus- tomer shall be responsible for the repair and replacement of his own containers. ARTICLE IV CHARGES FOR COLLECTION SECTION 18. CHARGES. Charges for refuse collection shall be reviewed once annually, in October of each year, and may be adjusted as the City Council may, in its discre- tion, determine, provided, however, that without the consent * The "charges" section was deleted in its entirety and new language substituted. -6- of the Contrator the charges shall not be reduced below the amounts established by Resolution No. 80- SECTION 19. EXCLUDED MATERIAL PICK -UP. Contractor may contract with owners, residents and proprietors of residen- tial property in the Contract Area to collect and dispose of excluded materials on such terms as may be mutually agree- able to Contractor and the customer concerned. SECTION 20. FRANCHISE FEE. Contractor shall pay to City, as hereinafter provided, as a franchise fee and as consideration for entering into this Agreement, the follow- ing: A. A sum of money equal to five percent (5R) of the gross receipts of Contractor. The term "gross receipts" as used herein shall be the total amount in dollars of all sums collected by Contractor from occupants or owners of residential units in the Southern Section for the performance of disposal services required or authorized by this Agree- ment. H. on or before the thirtieth (30th) day of each month Contractor shall pay over to City the City's percent- age share of the gross receipts of Contractor collected during the previous calendar month. C. On or before the thirtieth (30th) day of each calendar month, Contractor shall prepare and deliver to City a monthly statement of gross receipts of the Contractor during the previous calendar month, certified by an authorized officer of Contractor. In the event City is not satisfied with any such statement submitted by Contractor, City shall have the right to make a special audit, by auditors selected by City, of the books and records of Contractor. If such audit shows a deficiency for the period covered, the amount thereof shall be paid promptly by Contractor; if such audit shall show an overpayment, the excess shall be applied on any amounts then due to City by Contractor, and the balance, if any, refunded promptly to Contractor. If any such state- ment is found to be incorrect to an extent of more than three percent (3%) over the figures submitted by Contractor, Contractor shall pay for such special audit, and if such special audit verifies Contractor's statement to be correct or not to vary more than three percent (38) over the figures submitted by Contractor, the expense of such audit shall be borne by City. D. During the term of this Agreement, and for a period of four (4) years thereafter, Contractor shall keep and maintain full, complete and proper books, records and accounts of all gross receipts. -7- SECTION 21. BONDS. The Contractor shall procure and maintain and keep on file with the City Clerk during the term of the contract, the following valid and unexpired bonds, in a form approved by the City Attorney, executed by Contractor as principal, and by the corporate surety comply- ing with each and all of the provisions of Section 1056 of the Code of Civil Procedure of the State of California, as surety. Each bond shall provide that it shall not be cancelled by the insurance carried unless thirty (30) days' prior notice of such intention to cancel shall first have been served upon the City Clerk of City. Each such bond shall further provide that it shall not be void upon the first recovery, but that same may be sued on and recovered from time to time until the whole penalty is exhausted. A. A Faithful Performance Bond, in the principal sum of $15,000.00 to guarantee the faithful performance of the contract during the term hereof. SECTION 22. COMPENSATION INSURANCE. The Contractor shall, during the life of this contract, keep fully insured, at his own expense, all persons employed by him in connection with the Contract, as required by the "Workmen's Compensation Insurance and Safety Act" of the State of California, and shall not hold the City responsible for any liability that may arise by reason of the injuries to any employees of the Contractor who are injured whild performing any work or labor necessary to carry out the provisions of this Contract. The Contractor shall, at all times, keep on file with the City Clerk evidence that the Contractor is fully and properly insured, as required by the Act. SECTION 23. RECORDS OF OPERATION. Contractor shall keep and preserve, during the term of this Agreement, full, complete and true records of his operations, including, but not limited to, cost figures relating to personnel, equip- ment and administrative overhead incurred in collecting and disposing of the garbage and trash from all residences and premises within the City. Contractor shall engage a certi- fied public accountant to prepare same and make available for City Administrator's review but such records shall remain confidential. SECTION 24. NOTICES. Any notice that may be given to Contractor under or with respect to this Contract shall be deemed to have been given when personally delivered or when sent to Contractor by registered or certified mail, return receipt requested, postage paid, addressed to Contractor at 14188 Whittram Street, Fontana, California 92335. Any notice that may be given to City under or with respect to this; Contract shall be deemed to have been given when personally delivered to the City Clerk of City or when sent -8- to City by registered or certified mail, return receipt requested, postage paid, addressed to the City Clerk of City at 9320 -C Base Line Road, P.O. Box 807, Rancho Cucamonga, California 91730. Either party may change the place to which notices to it are to be mailed by giving notice of change of address in the manner described in this Section. SECTION 25. POLICE POWER. City reserves the right to determine, in the exercise of its powers, to provide for the public health and welfare, whether technological or other changes materially affect the level of the service required by the City, and in such case, the level of service hereunder may be adjusted by City and this Contract shall be reviewed and revised accordingly. SECTION 26. INTEGRATION. This Agreement, upon accep- tance by the parties hereto, constitutes the sole and only agreement between Contractor and City as to the subject matter hereof, and is intended by each to constitute the final written memorandum of all of their agreements and understandings in this transaction. SECTION 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same force and effect as if all signatures were appended to one document, each of which shall be deemed an original. SECTION 28: INVALIDITY. If any term or provision of this Agreement or application thereof is held invalid or unenforceable as to any party, the balance of the Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 29. MISCELLANEOUS. The masculine gender, the singular number and the present tense, shall be deemed to include the feminine and neuter genders, plural number and past and future tenses, respectively, where the context so requires. The article and section headings herein are used only for the purposes of convenience and shall not be deemed to limit the subject of the articles and sections hereof. EXECUTED at Rancho Cucamonga, California, on the day and year first above written. CITY OF RANCHO CUCAMONGA, a (SOUTH) municipal corporation RANCHO DISPOSAL, a California corporation BY: BY: PHILLIP D. SCHLOSSER, Mayor (Title) ATTEST: BY: (Title) LAUREN M. WASSERMAN, City Clerk _4_ /� / /��U /� � �� �/ > i i /� � ' i . / � ,�' � � ,� � � � �, ., �� / _ _ / � ' � �i � � � / i j. �, /,i • � / � �� r �� � � / � i /' i /� � /_ / � r • /. �� i ", i i i / �� � � // i i i i � �/ � � / � i i �i � / � J // _ , i �- / � � � -� ,� i i ' � � �. ii i � i �. n / � � � / � i i � � � i ,I / / .i � / i � i / i / , / / � i � / � a' GG�-� � �. 9 /Jd / --- RESOLUTION NO. 80 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF REFUSE FROM RESIDENTIAL UNITS IN THE CITY OF RANCHO CUCAMONGA. WHEREAS, City Ordinance No.Oad, authorizes the City Council to fix and determine t e charges to be made for the collection and disposal of refuse; and, WHEREAS, the City Council finds and determines that the following charges are reasonable and appropriate; NOW, THEREFORE, BE IT RESOLVED that the following rates are established for the collection and disposal of refuse from residential units in the City: (a), Residential unit, $ 5':L0 per month; and, (b) Residential unit when head of household is age sixty - two (62) or over, $!%;%1` °Per month. li4� PASSED, APPROVED and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M.Wasserman, City Clerk Phillip D. Schlosser, Mayor ORDINANCE NO, 132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REPEALING ORDINANCE NO. 117 AND PROVIDING FOR THE CONTROL, COLLECTION AND DISPOSAL OF REFUSE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Collection of Refuse: Charges. (a) Except as otherwise permitted by this Ordinance, a residential refuse service shall be provided to the citizens of the City of Rancho Cucamonga at least once each calendar week. (b) A monthly charge for the collection of refuse shall be made against the occupants of each residential unit within the City not exempted therefrom as herein provided. The amount of such monthly charge shall be fixed by the City Council by resolution. The City Council may provide for a reduced monthly charge where the head of household of a residential unit is age sixty -two (62) or over. Refuse collection charges shall be reviewed once annually, in October, and may be adjusted should the City Council, in its discretion, determines that adjustment is appropriate; provided, however, no change in amount shall be effective until thirty (30) days after the adoption of a resolution changing the same. SECTION 2: Method of Billing. Refuse collection charges for each residential unit shame baby and collected by the collector that provides services to such unit. Refuse collection charges shall be due and payable upon being billed, and delinquent twenty -five (25) days thereafter. SECTION 3: Liability for Payment. In the event the occupant of a residential unit fails to pay refuse collection charges within thirty (30) days following the billing thereof, the owner of the premises upon which such residential unit is located shall also become jointly and severally liable for the payment of such charges. SECTION 4: Penalty for Non-Payment. A penalty shall be determined bution of the City Council from time to time establishing a charge for those who fail to pay the regular charge within thirty (30) days following the date on which they are first billed thereof. SECTION 5: Ad'ustment for Vacancies. No collection charges shall be mide during the term that a res entra unit is vacant, provided that written notice of the dates of commencement and termination of the vacancy is given to the servicing collector, and further provided that refuse is not set out for collection from such vacant unit. Ordinance No. Page 2 SECTION 6: Refuse Defined. "Refuse" shall mean and include garbage, combustible rubbish and noncombustible rubbish. (a) "Garbage" shall mean and include all kitchen and table refuse, leavings, offal, and every accumulation of organic matter which attends the preparation, consumption, decay or dealing or storage of meat, fish, fowl, fruits and vegetables. "Garbage" does not include human body waste or liquid swill. (b) "Combustible rubbish" shall mean and include but shall not be limited to paper, cardboard, rags, clothing, books, footwear, packing materials, grass, leaves, brush, and other substances which will incinerate through contact with flames of ordinary temperature. "Combustible rubbish" shall not include explosives or flammable liquids. (c) "Non - combustible rubbish" shall mean and include but shall not be limited to cans, bottles, glass, wire, ashes and other solid waste matter which will not incinerate through contact with flames of ordinary temperature. "Non - combustible rubbish" shall not include furniture, large household appliances, junk autos or parts therefrom, dirt, rock or material from the demolition, alteration or construction of buildings. SECTION 7: Other Definitions. For the purposes of this Ordinance, the MTOwing words and phrases shall have the following meaning: (a) "Apartment house" shall mean a building, or portion thereof, designed for occupancy by four (4) or more families, living independently of each other. (b) "Commercial" shall mean any business, industry, commercial establishment or construction site. (c) "Collector" shall mean any person or company designated by the City Council by ordinance, resolution or contract to collect refuse within the City. (d) "Each residential unit" shall mean each place used for residential purposes for a single family. If more than one (1) family is in one (1) dwelling, such dwelling shall constitute as many units as there are families. Any residential unit used secondarily for business purposes may be considered a commercial unit for the purposes of assigning charges for special collection purposes. SECTION 8: Rece tacles Re uired. Except as provided in this Ordinance, it shall be un aw u for any person to keep, place or deposit refuse in or upon any public or private property except in refuse receptacles which comply with the requirements of this Ordinance. Ordinance No. Page 3 SECTION 9: Refuse Receptacles: Residential (a) Except as provided in this section, all refuse from a residential unit shall be kept in a metal or plastic receptacle which has a tight - fitting cover which prevents the escape of odors, and which is equipped with at least two (2) bails or handles. Receptacles shall not be less than fifteen (15) gallons nor more than thirty -five (35) gallons in capacity, nor shall the maximum gross weight of a loaded receptacle set out for collection exceed seventy -five (75) pounds in weight. (b) Grass clippings, leaves and other hard work debris, other than branches or tree limbs, may be either deposited in metal or plastic receptacles, as above mentioned, or in wooden or sturdy cardboard boxes, tubs, plastic trash bags or similar receptacles. If cardboard boxes are used, the cardboard boxes along with the contents shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. (c) Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet (4') in length nor eighteen inches (18 ") in diameter. (d) Newspapers and magazines may be either deposited in metal or plastic receptacles, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty (50) pounds in weight. (e) Cardboard boxes may be either flattened and deposited in metal or plastic receptacles, as above mentioned, or may be flattened and tied in bundles not exceeding four feet (4') in length nor fifty (50) pounds in weight. (f) Apartment houses may utilize contractor- approved commercial type collection bins and shall do so if required by the collector serving the apartment house. When an apartment house utilizes commercial -type bins one (1) 3 -yard bin shall be furnished for each multiple of six (5) residential units or fraction thereof. (g) Garbage may be fed to animals upon property where animals may lawfully be kept in the City if proper sanitary conditions are maintained. SECTION 10: Expense of Refuse Receptacles. Refuse receptacles required by this Ordinance s>b be provide by the occupants of each residential unit or commerical establishment within the City and without expense to the City. SECTION 11: Receptacles: Cleanliness. The exteriors of the refuse receptacles inc uding covers, shall be kept clean by the occupant. The interior of refuse receptacles shall be cleaned periodically to j,revent accumulation of grease or decomposing materials. Ordinance No. Page 4 SECTION 12: Placement of Refuse Receptacles (a) Except when set out for collection as herein provided, refuse receptacles shall be kept within a building or otherwise out of view from the public right -of -way adjacent to any property. (b) No refuse receptacle shall be placed upon any public street, alley, sidewalk or right -of -way in such a manner as to impede or endanger pedestrian or vehicular traffic. (c) Refuse receptacles and containerized or bundled refuse shall be placed at the curb for collection, but not prior to eighteen (18) hours before the scheduled collection day. (d) All refuse receptacles shall be removed from public view the same day collection service is rendered. (e) All commercial -type collection bins or drop bodies shall be placed in an area which is easily accessible to collection personnel and equipment, with sufficient way to safely collect and maneuver without injury to persons or property. SECTION 13: Periods to Set Out Refuse and Time for Collection. Refuse sha 1 be set out for col ection not ater tan 6:00 a.m. on the day of collection. Any refuse remaining uncollected after the completion of collection in that block shall constitute prima facie evidence that such refuse was set out for collection after the expiration of the time designated fro collection in that block. The person making the late deposit shall return all uncollected refuse to the premises from whence it came or shall arrange for a special collection to be made. SECTION 14: Garbage to Be Wrapped. Garbage shall be wrapped in paper o r in plastic adequate to contain it without spillage or leakage before it is deposited in a refuse receptacle. SECTION IS: Destruction of Refuse Receptacles Unlawful. It shall be unlawful for any person to intentionally abuse, dent, bend, mutilate, damage or destroy any refuse receptacle or cover thereof, provided, however, that this section shall not apply to the owner of such refuse receptacle or a person acting with permission of the owner. SECTION 16: Combined Collection. Wrapped garbage, non- combustible and combustib a rubbish may be placed in the same refuse receptacle for combined collection. SECTION 17: Collection Frequency. All refuse generated by residential units shall be collected a minimum of once a week. SECTION 18: Garbage and Refuse Accumulation. Every person owning or occupying any building, lot or premises in the City shall keep such property in a clean and sanitary condition and shall not cause or permit garbage or combustible rubbish to accumulate for more than one (1) calendar week, or cause or permit non - combustible rubbish to accumulate for more than one (1) calendar month. Any accumulation of refuse for a Ordinance No. Page 5 period of time in excess of the times prescribed in this section is hereby declared to be a public nuisance, and said public nuisance may be summarily abated upon order of the City Manager. All costs of abating such public nuisance shall be charged against the person who had the responsibility not to cause the accumulation. SECTION 19: Dangerous and Infected Materials. (a) No person shall place or deposit in any refuse receptacle for collection pursuant to the provisions of this Ordinance any unbroken hypodermic needle, drugs, poisons, acids, dangerous chemicals, explosives, or any other substance which might cause the death of or injury to a human being. (b) No person shall place in any refuse receptacle for collection pursuant to the provisions of this Ordinance any clothing, bedding or other article which is contaminated by reason of being in contact with a person or animal who has an infectious or contagious disease. Such clothing, bedding or other article shall be disposed of only in accordance with the directions of the County Health Officer. SECTION 20: Dead Animals. (a) No person shall place the body of any dead animal upon or under any public or private property in the City except such place or places designated for dead animal disposal by the City Manager. (b) The owner of any dead animal shall cause the body to be removed to a place designated by the City Manager, as soon as possible, at the owner's expense. In the event the owner of a dead animal is unknown, or cannot be immediately located, the City shall cause the removal of such dead animal. Any employee of, or other person authorized by, the City may enter onto private property for the purpose of disposing of the bodies of dead animals. (c) The City Council shall establish a charge for the removal of dead animals, and said charge shall be collected from the owner of any dead animal which is removed by the City. SECTION 21: Contract for Collection, Removal and Disposal of Refuse. T—he City may contract with persons or companies for the col— letion, removal and disposal of refuse, which contract shall provide, among other things, for the number of collections, manner of emptying receptacles and obedience to sanitary regulations. Said contracts may provide for a franchise fee, in an amount determined by the City Council, to be paid to the City. SECTION 22: Unauthorized Collectors. Except where a person or company is authorized to continue col ection services pursuant to Health and Safety Code Section 4272, it shall be unlawful for any person, other than the holder of a current refuse contract with the City, to collect or to remove any such receptacle from the place where the same is placed by the person entitled to possession thereof, or to remove the contents of any such receptacle. This section applies only to the collection and removal of refuse from residential units. Ordinance No. Page 6 SECTION 23: Refuse Truck Reguti laons. Any person or company holding a re use contract with the City shall provide an adequate number of vehicles and equipment expressly and especially designed for the containment, collection and transportation of refuse. Said trucks shall be equipped so as to prevent the spilling or dropping of any refuse or liquid therefrom. Said trucks, when not in use, if kept within the boundaries of the City, shall be kept only upon private property in a zone which allows the parking of trucks. No refuse truck shall be parked overnight in the City while partially or fully loaded with refuse, unless due to breakdown or emergency, without permission of the City Manager. SECTION 24: Deposit of Waste Prohibited. It shall be unlawful for any person to cause, or permit, any garbage, sewage, commercial or, industrial waste, or waste of any other nature, to remain or be deposited or discharged upon the surface of the ground on any public or private property. SECTION 25: Exceptions: Application and Appeal (a) Any person desiring to secure an exception from any provision of this Ordinance may apply therefore in writing to the City Manager. (b) The City Manager is authorized to grant exceptions from the provisions of this Ordinance if he finds that all of the following conditions exist: (1) Granting the exception would not be detrimental to the public health and safety; (2) Not to grant the exception would result in undue hardship to the applicant; and, (3) The hardship which would result to the applicant from not granting the exception is a hardship which would not generally apply to other property in the City. (c) The City Manager is authorized to exempt an occupant of a residential unit from refuse collection charges if: (1) The occupant agrees that he or the will not less frequently than weekly remove all accumulated refuse from his or her residential unit and dispose of the same at a disposal site approved by the City Manager; and, (2) The occupant maintains, and produces for inspection upon request by the City, receipts evidencing that refuse from the residential unit has been properly disposed of. Ordinance No. Page 7 (d) Any exception granted under sub - section (c) of this section may be revoked and no further exception shall be granted if it is found that such occupant is disposing of refuse at other than an approved disposal site or if such occupant fails to produce disposal receipts upon request by the City, (e) Except for actions taken by the City Manager under sub - sections (c) and (d) of this section, any action of the City Manager in granting or denying an exception to the provisions of this Ordinance shall be in writing and shall be served upon the applicant in person or by mail and shall also be posted in three (3) public places within the City. Any person residing or owning property within the City may appeal such action of the City Manager to the City Council. The action of the City Manager shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days following the date of posting of the action by the City Manager. Any action of the City Manager in granting or denying an exception under sub- section (c) of this section or revoking an exception pursuant to sub - section (d) of this section shall be in writing and shall be served upon the applicant and the collector authorized to provide service to such residential unit in person or by mail. The applicant may appeal such action of the City Manager to the City Council. The action of the City Manager under sub - sections (c) and (d) of this section shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days following the date notice of the action by the City Manager is deposited in the mail or personally delivered, as the case may be. SECTION 26: Violations. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punishable by fine of not more than $500.00 or imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation continuing for more than one (1) day shall be deemed to be a separate violation for each day said violation exists. SECTION 27: Enforcement. It shall be the duty of the City Manager to enforce the provisions of this Ordinance. The City Attorney, upon request of the City Manager, shall institute any necessary legal proceedings to enforce the provisions of this Ordinance including, but not limited to, instituting an action for and obtaining an injunction from a court of competent jurisdiction. SECTION 28: Ordinance Number 117 of the City of Rancho Cucamonga is hereby Repeated. SECTION 29: Sections 33.021 through 33.0233 of the County Code adopted by Reference (Relating to Refuse Collection) are hereby Repelaed. SECTION 30: The Mayor shall sign this Ordinance and the City Clerk shiest 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 Oaily Report, a newspaper of general circulation, published in 6e—City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. Page 8 PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk CITY OF RANU-D Cl.'CAN1U' C.A STAFF REPORT DATE: December 17, 1980 lull TO: City Council and City Manager FROM: Lloyd B. Butts, City Engineer SUBJECT: Request to set January 21, 1981 as date for a Public Hearing regarding the continuation of efforts and expenditures for the purpose of establishing as Assess- ment District for streets and storm drains in the industrial area The Council met in special session on December 11, 1980 to review the Investigation Report for the proposed Assessment District 79 -1. As discussed then, the street and storm drain system proposed for construction by this District will allow development to occur in a now unaccessible part of the City's industrial area. Approx- imately eleven million dollars in improvements and associated costs will be financed by the proposed bond issue. By its action tonight, the Councilwill begin the process of estab- lishing the District by agreeing to a public hearing on the feas- ibility of assessing the property in question. RECOMMENDATION It is recommended that Council approve the attached resolutions adopting a map showing the general nature, location and extent of the construction of certain public works of improvement in showing proposed boundaries of the assessment district; designating persons to perform various duties for special assessment proceeding covering preliminary determination and ordering the preparation of a report on said improvement; and approving the report under the protest act of 1931 and fixing a date for public hearing. Respectfully submitted, LBII: PAR: jaa Attachments A11ERICAN PUBLIC %**'ORKS ASSOCIATION CHAIRVAN SOUTHERN CALIFORNIA CHAPTER Noel L. C —Ceien .eewem, ec E19mems (6 RIVERSIDE /SAN BERNARDINO BRANCH 26x) Soutn Waterman Are. Sane 92,1-2 p1V ez4.xa20 DIRECTORS The flooding problems encountered during the 1979 -80 C. Glenn wlll.. hinter severely tested the capabilities of public nro m sen eenemmo Sao.......... C.et officials in Southern California. In an effort to San Bermrtllno,CA 9it1e I >14I 3e3-1025 recognize the capable manner in which the public N." I. Te..enl officials coped with the problems, the Southern CI.e. Cleo." Ro.A P California Chapter, Riverside /San Bernardino c °.mr m Rireslo< R.o. e.. toga RLellee. CA 92902 Branch of the American Public Works Association (7141 787.2434 adopted the enclosed Resolution of Appreciation. This resolution is presented to your agency with a deep appreciation of the services you provided the public during this difficult time. Very truly yours, .�-- t✓.L'LCc.l /�- ..alt -ci Allen Hofine' er Secretary /T elasuTer November 251 1980 VICE CHAIRMAN R°Ie IInO A. 0—lele Clly En91n.n CITY of Cole" ,,C, EN "." Street Omarm.CA 91161 ,1,, 613 Honorable Mayor and City Council City of Rancho Cucamonga SEC, TREASURER 9320 Base Line Road Al::. HnIm.Ieter S. ReR,eenOine Alto Loma, California 91701 19."w. n.ao. cn. Soo EIC a ceee"2 el- Rlren CA 92102 21, (714) !25.4636 DIRECTORS The flooding problems encountered during the 1979 -80 C. Glenn wlll.. hinter severely tested the capabilities of public nro m sen eenemmo Sao.......... C.et officials in Southern California. In an effort to San Bermrtllno,CA 9it1e I >14I 3e3-1025 recognize the capable manner in which the public N." I. Te..enl officials coped with the problems, the Southern CI.e. Cleo." Ro.A P California Chapter, Riverside /San Bernardino c °.mr m Rireslo< R.o. e.. toga RLellee. CA 92902 Branch of the American Public Works Association (7141 787.2434 adopted the enclosed Resolution of Appreciation. This resolution is presented to your agency with a deep appreciation of the services you provided the public during this difficult time. Very truly yours, .�-- t✓.L'LCc.l /�- ..alt -ci Allen Hofine' er Secretary /T elasuTer AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER RINIrRSIDEISAN BERNARDINO BR#NCH WHEREAS, the Ameti-an Pubekc (APEA) cv(,hp-� tv" ex; — t , 1, �/6 a h 1. pplcc�dticn to t 06 0.4 u6 the sexWas 6&-od eems A ccu a3s(5ted ot the hand�tmg 4. csuU ('5 the (wsca- Aonat , aims o� the go c#nte and EREAS, the "iclatt i co"kitmea;. E, y cc E5 tc Loch stet the w��he and *,jet# c .A t& pubttk3 Ed 4 EREAS, q eye oO ju. am4 c a _(y 1w0ed :1 millimi it en e hfiiaidl,- �� ivm jVc,(kd koAtitkn#cutd *aocis, acid` n- �tjmcat the ,�Aia�a6 c Rivet s adg,,San 8Mna%*e,- ttittu, tU beUk, naitbd c4firtae did 11 EREAS, ping' t%lke vi,4 cc agenc(a, I a ,stance c4:',!P'Z fi*zany Pic- Afems caul - b!4.41 k dkn�. A tx, 4 Ud ALK 13. HL' S'laklCh k!A NOW, T REFO 77 so he Ikt-cl c/ ftbeit ',s Associat, so�k therm o*tv; C4 tile At,,cEj4an Rulbeit a e xtnc s 5 f j pi and i"ZOiL101d gnat' be extende ency cont 1 y t8 t to pictetlit city and ct ir I that wcwK beck, 'ing had Re 11ce u, tho6 CITY OF RANCHO CUCAMONGA No L CHUSTENSEN Chaff man ROIALINO A. OA141ELS v(u cnatiplan ALLEN HOFMEISTER rr OF R, ,i A CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER The regular meeting of the City Council was held in the Lion's Park Commnunity Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, December 17, 1980. The meeting was called to order at 7:03 p.m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon. D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Samuel Crowe; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Planner, Barry Hogan; Finance Director, Harry Empey; Community Services Director, Bill Holley. Absent: City Engineer, Lloyd Hubbs. Approval of Minutes: Councilman Mikels requested the following changes: Page 3 of November 18 minutes, first paragraph to be "Councilman Mikels noted that the Fire District was considering a requirement of future developers to provide at least the fire station facilities for the District. That would result in some re- duction of the total finances needed to set up an additional substation where iL is needed. In addition, Mr. Mikels noted that the oeprating costs of the District would continue to increase annually. Perhaps at some point the District may be unable to provide any personnel for new stations." Councilman Frost requested the following change on page 7 of the November 19th minutes: "Motion: Moved by Frost, seconded by Palombo to authorize the mayor to send a letter to the Board of Supervisors apprising them that the Council has directed the city attorney to investigate the feasibility of proceeding with legal action. Motion carried unanimously 5 -0." Motion: Moved by Palombo, seconded by Frost to approve the minutes as corrected. Motion carried unanimously 5 -0. 2. ANNOUNCEMENTS. a. Advisory Commission will be meeting on Monday, December 22, at 6:00 p.m, in the Lion's Park Community Center just prior to the Planning Commission meeting. 3. CONSENT CALENDAR. Staff requested that item "d" be removed since the applicant was working with the staff to resolve the problems. a. Approval of Warrants - Register No. 80 -12 -17 for $560,570.95. b. Alcoholic Beverage License Application for R. Michael and Pamela L. McKenna; The Hole in the Wall Deli, 9668 Base Line Road, Off -Sale Beer and Wine. c. Authorization for City Manager, Assistant Citv Manager, Finance Director, Community Services Director, and Council to attend the Employee Relations Institute, January 21 -22 in San Francisco. d --- Regaeel-e e- eel- peb}} e- heer4nE-4 er- daneery- 3;- }98 }- fer- eppee }_ef- p}enning 6emnieaien- dee }e }en- denying- B }reeeer- Rer}eh- 80 -38. Item removed from agenda. e. Release of Bonds: Tract 9440: located on the west side of Hermosa, 500+ feet north of Banyan. Owner: Chevron Construction Co. Performance Bond (landscaping) $42,683.30 Tract 9636: located south of Lemon Avenue and west of Archibald Avenue. Owner: Crismar Development Corp. Cash Staking Bond $ 1,500.00 f. Approval of Flood Control Agreement for Deer Creek Bridges. It is recommended that Council approve the agreement between the City and the San Bernardino County Flood Control District for the construction of the Deer Creek Bridges, Zone I, Fiscal Year 80 -81. g. Parcel Nap 3534: Acceptance of Bonds and Agreement. It is recommended that Council accept bonds and agreement for off -site improve- ments at 8805 Hidden Farms Road. RESOLUTION NO. 80 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE24ENT AGREEMENT AND IMPROVEMENT SECURITY FOR 8805 HIDDEN FARMS ROAD (PARCEL MAP 3534). h. Approval of Parcel Hap 5130: It is recommended that Council authorize the City Clerk and City Engineer to sign the subject map. The map consists of three parcels located on the east side of Amethyst, south of 19th Street. RESOLUTION NO. 80 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL HAP NUMBER 5130. i. Agreement Extension Request for Parcel Map 5269: H 6 S Properties, Inc. has requested additional time to complete the improvement on Parcel Map 5269 to complete the improvement on Parcel Map 5269 located east of Carnelian Street, north of Hillside Road. J. Acceptance of Tract Map 11461: It is recommended that Council accept the subject tract map located on the northside of 19th Street, between Carnelian Street and Beryl. Owners: Lewis Homes. RESOLUTION NO. 80 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT NUMBER 11461. k. Cash Assignment Tract 9434: The subject tract developer, Chevron, has submitted for City acceptance a $5,000 cash assignment. It is recommended that Council direct the Finance Director to sign the assignment letter on behalf of the City, thus accept- ing said assignment and placing the same on deposit with the City. 1. Purchase of Real Property by County Flood Control: The Countv Flood Control has declared its intention to purchase lands for use as flood control right- of -wav in Rancho Cucamonga. Under Section 3775 of the Revenue and Taxation Code, the City is required to give its approval so that the property may be purchased. Motion: Moved by Palombo, seconded by Mikels for approval of the Consent Calendar with the exception of item "d" which was removed. Motion carried unanimously 5 -0. 4. PUBLIC HEARINGS. 4A. SUBUiVISION ORDINANCE. Mr. Wasserman recommended that the item be continued to the January 7, 1981 meeting. Motion: Moved by Mikels, seconded by Palombo to continue the hearing of the Subdivision ordinance No. 28 -B to the January 7, 1981 City Council meeting. Motion approved unanimously 5 -0. 48. AN UINANCE RECOGNIZING HISTORIC LANDMARKS. Staff report by Bill Holley. City Clerk Wasserman read the title of Ordinance No. 128. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5 -0. ORDINANCE NO. 128 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DESIGNATING EACH AS A CITY HISTORIC LANDMARK. Mayor Schlosser opened the meeting for public hearing. Addressing Council was Leonard Gorczvca, Chairman of the Historical Comisssion, who recommended adoption of the Ordinance. There being no further public response, the Mayor closed the public hearing. Councilman Bridge stated that the Stobie house on Beryl was also a Sears and Roebuck home. Perhaps this one also warrants an historical designation.. Motion: Moved by Mikels, seconded by Palombo to set January 7, 1981 for second reading. Motion carried unanimously 5 -0. 4C. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGNATION AS CITY POINTS OF HISTORICAL INTEREST. Staff report by Bill Holley. City Clerk Wasserman read the title of Ordinance No. 129. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5 -0. ORDINANCE NO. 129 (first-reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE AGGAZZOTTI WINERY, SCHOWALTER GROVE ARCHAELOGICAL SITE, AND THE GEORGE AND JESSIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATURES OF THE CITY, AND THEREFORE, DESIGNATING EACH AS A POINT OF HISTORIC INTEREST. Mayor Schlosser opened the meeting for public hearing. Leonard Gorczyca, Chairman of the Historical Commission, spoke about the Schowalter Grove Archaelogical Site. He said there was no wav to preserve this area, but he had taken extensive pictures all during the excavation of the site. There is evidence that this area was used in the making and curing of bricks which were used in the local area. There being no further public comment, the Mayor closed the public hearing. Motion: Moved by Palombo, seconded by Mikels to set January 7, 1981 for second reading. Motion carried unanimously 5 -0. 4D. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -02 - LESNEY. Barry Hogan presented the staff report. A change of zone request from R -1 -5 (single family) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa and Base Line Road, and the development of a 117 lot townhouse development consisting of 114 dwelling units. APN 202- 182 -13. City Clerk Wasserman read title of Ordinance No. 130. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried unanimously 5 -0. ORDINANCE NO. 130 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 18213 FROM R -1 -5 TO P.D. FOR 10 ACRES LOCATED ON THE NORTHWEST CORNER OF HERMOSA AND BASE LINE ROAD. Councilman Mikels asked about the drainage at the intersection of Hermosa and Base Line and if this intersection would he improved at the same time the develop- ment went in. Mr. Hogan said the improvements along Base Line would improve the drainage also. The development would improve the north side along Hermosa, but engineering is looking at the other corners to see if improvements could be made at the same time. Mayor Schlosser opened the meeting for public hearing. There being no response, he closed the hearing. Motion: Moved by Bridge, seconded by Frost to set January 7, 1981 for second reading. Motion carried unanimously 5 -0. 4E. SOLID WASTE DISPOSAL AGREEMENTS. Mr. Wasserman introduced the item, then turned the meeting over to the City Attorney to explain the changes. Councilman Mikels asked for an explanation as to what we were doing since a new ordinance number had been assigned to the ordinance. Mr. Crowe explained that since this was an entirely new Ordinance, a new number had been assigned. He assured Council that the old Ordinance No. 117 would be stamped repealed. Also, this referred to the new Resolution which appeared before Council, Resolution No. 80 -120. City Clerk Wasserman read the title of Ordinance No. 132. Motion: Moved by Mikels, seconded by Palumbo to waive further reading. The motion carried unanimously 5 -0. ORDINANCE NO. 132 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 117 AND PROVIDING FOR THE CONTROL, COLLECTION, AND DISPOSAL OF REFUSE. Mayor Schlosser opened the meeting far public hearing. Those addressing Council were: Mel Hamner. He felt the incentives had been taken out of the competition by the granting of franchises and the Companies could adjust Zees as they wished. John Rose. He stated that the new ordinance was still directed toward the citizens and noc the companies. He also expressed dissatisfaction with the prepavment plan. Eugene Bianchin. Also stated opposition to the prepayment plan. T. H. Moodv, 1,466 euckthorne. He expressed opposition to the mandatory section. There being no further public comment, the Mayor closed the public hearing. Motion: Moved by Mikels, seconded by Palombo to set January 7, 1981 for second reading of Ordinance No. 132. Motion carried unanimously 5 -0. Mr. Wasserman then introduced Resolution No. 80 -120. He stated that the resolution established rates for residential units throughout the City, set rates for citizens over 62 years of age, and set a penalty for non - payment. Mayor Schlosser suggested the amount for senior citizens be set at $1.00 per month off the regular amount. Councilmen Bridge and Mikels said the concurred with this. Councilman Mikels stated that there had been different rates throughout the City. He said that $5.50 was the last rate before the unapproved rate had been put into effect. He said the Resolution should reflect the $5.50 per month rate. Councilman Mikels suggested that the rates in Resolution No. 80 -120 be set at $5.50 per month and set the Senior Citizens rate at $4.50 per month as a uniform rate throughout the entire City of Rancho Cucamonga. Councilman Frost suggested that the penalty for non - payment section be deleted. Mayor Schlosser opened the meeting for public hearing. Addressing Council were: John Rose. He said there should be special exemptions for those who were under 62 years of age, but had special financial burdens. Mr. Wasserman said these could be handled on an individual basis. Mr. Rose said he was still against the pre- payment plan. Ed. Hamilton, Church Street. He said he would like to see a special rate for those who used the large bins. Mr. Wasserman said these were considered commercial and the ordinance and resolution dealt only with the residential. There being no further public response, the Mayor closed the public hearing. Motion: Moved by Mikels, seconded by Bridge to adopt Resolution No. 80 -120 with the suggested rates of $5.50 per month and $4.50 per month for senior citizens, with a uniform rate throughout the city, to delete the penalty for non - payment section, and to waive the entire reading. Motion carried unanimously 5 -0. City Clerk Wasserman read the title of Resolution No. 80 -120. RESOLUTION NO. 80 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF REFUSE IN THE CITY OF RANCHO CUCAMONGA. Regarding the Franchise Agreements: Council concurred in sending a letter to the Refuse Companies with a copy of the franchise agreement signed by the Mayor. Sample letter had been presented to Council in the agenda packet. Mr. Wasserman suggested that Council read the report which had been submitted by Yukon Disposal Company. Council concurred, and acknowledged for public record that they had received the report from Yukon Disposal. Mayor Schlosser called a recess at 8:30 p.m. The meeting reconvened at 8:45 p.m. with all members of the Council present. 4F. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -15 - LANDMARK. Staff report was presented by Barry Hogan. A change of zone from A -1 (limited agricultural) to R -2 (two family residential) for 12 acres located west of Beryl, south of Mignonett. APN 202- 032 -71. City Clerk Wasserman read the title of Ordinance He. 131. Motion: Moved by Palumbo, seconded by Frost to waive the entire reading. Motion carried unanimously 5 -0. ORDINANCE NO. 131 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 032 -71 FROM A -1 TO R -2 FOR 12 ACRES LOCATED WEST OF BERYL, SOUTH OF MIGNONETTE. Mayor Schlosser opened the meeting for public hearing. Addressing Council was Mr. Bill Blanchard, 131 Avalon Street. He expressed concern about the A -1 section and about the direct access to the project. There being no further public comment, the Mayor closed the public hearing. Council expressed concern about the access problem, but decided to set January 7, 1981 for second reading of the Ordinance. In the meantime, each Councilman would inspect the area personally. 4G. VACATION OF A PORTION OF CENTER AVENUE. A public hearing on the vacation of 6 feet of right -of -way on the east side of Center Avenue between Foothill Boulevard and Church Street. The vacation has been requested by the Data Design Corporation. Staff report was presented by Paul Rougeau. Mayor Schlosser opened the meeting for public hearing. Addressing Council was Mr. Ed. W. Baker, Data Design Laboratories. Councilman Frost expressed concern that if we had basically incompatible uses border- ing one another -- residential versus commercial -- that there should be additional buffering provided for the residents. He also said that he is not convinced that Center Street might not become a more intense north /south carrier than it is now. For that reason, he felt it would be better to proceed with the vacation in six to eight months from now when we have a better look at what the City will be like in the future and the General Plan is adopted. Motion: Moved by Bridge, seconded by Palumbo to grant the vacation request with the approved maintenance agreement with Data Design Laboratories, to approve Resolution No. 80 -89, and to waive the entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: Frost. ABSENT: None. City Clerk Wasserman read the title of Resolution No. 80 -89. RESOLUTION NO. 80 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF CENTER AVENUE AS SHOWN ON MAP NO. V -008 ON FILE IN THE CITY CLERK'S OFFICE OF THE CITY OF RANCHO CUCAMONGA. 5. CITY MANAGER'S STAFF REPORTS. 5A. PROJECT E,SPERANZA MID -YEAR BUDGET REQUEST. Project Esperanza is requesting $5,283 to supplement the recreation and administration portion of their program. Staff report by Bill Holley. Mavor Schlosser opened the meeting for public input. Speaking to Council Was Dr. Navarro, Executive Director of the National Institute for Community Development. Dr. Navarro explained the purpose of the request. Motion: Moved by Palumbo, seconded by Bridge to deny the request considering the time of year and the city's budget constraints. Motion carried unanimously 5 -0. 5B. PROPOSED SPECIAL STATEWIDE ELECTION OF JUNE 2 1981 TO DETERMINE THE FATE OF THE PERIPHERAL CANAL. Report was presented by Lauren Wasserman. Assemblyman Ross Johnson and Senator Ruben Ayala have introduced urgency legislation, AB -9, which would call a statewide election to determine the fate of the Pheripheral Canal. Without the canal, Southern California would need extra time to develop alternative water supplies with the impending loss of Colorado River water. Motion: Moved by Mikels, seconded by Palumbo to approve the support of AB -9. Motion carried unanimously 5 -0. 5C. EQUESTRIAN/HIKING TRAILS ON FLOOD CONTROL RIGHT -OF -WAY. Staff report presented .by Jack Lam. It was staff's recommendation that the City Council adopt Resolution No. 80 -115 and to direct staff to prepare a letter for the Mayor's signature to the Board of Supervisors asking for their cooperation in the use of the Flood Control right -of- ways for equestrian /hiking trail purposes. Councilman Bridge said that for a number of years the citizens have been trying to get the use of the flood control right -of -ways for the use of hiking and equestrian trails, Motion: Moved by Bridge, seconded by Palombo to take strong action to use the flood control right -of -ways for equestrian /hiking trail purposes by sending a strongly worded letter to the Board of Supervisors stating we would not want to preclude the use for other than flood control use when other uses are feasible. Also, to approve Resolution No. 80 -115 and to waive the entire reading. Motion carried unanimously 5 -0. City Clerk Wasserman read the title of Resolution No. 80 -115. RESOLUTION NO. 80 -115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXPRESSING CONCERN AND DESIRE FOR THE USE OF FLOOD CONTROL RIGHT -OF- WAYS FOR EQUESTRIAN /HIKING TRAIL PURPOSES. 5D. APPROVAL OF RESOLUTIONS FOR THE ESTABLISID Ml OF AN ASSESSMENT DISTRICT. Staff report by Lloyd Hubbs. Mr. Hubbs turned the meeting over to Mr. Walt Hamilton who presented the boundaries of the Assessment District. Mr. Brown presented the procedures necessary to form the Assessment District. Mayor Schlosser opened the meeting for public input. Concern was expressed by Mr. Doug Hone that we should not proceed with the setting of the public hearing until after the Chamber's meeting which would be the next day. Joe DiIorio expressed that this would only be the setting of a public hearing on January 21. Small groups would have plenty of time to meet to discuss the assessment district before that hearing date. It would be at the public hearing that all continents should be made, he said. He recommended that the Council proceed. Motion: Moved by Mikels, seconded by Palombo to continue action on this item to the January 7, 1981 City Council meeting. The motion carried by the following vote: AYES: Mikels, Palumbo, Bridge, and Schlosser. NOES: Frost. ABSENT: None. Councilman Frost said he voted against this motion since he did not feel it would preclude the Chamber from providing input so we could have continued the hearings as scheduled. 6. CITY ATTORNEY'S REPORTS. There were none. 7. COUNCIL MATTERS. 7A. REPORT REGARDING THE JOINT FEASIBILITY STUDY ON THE FIRE DISTRICT. Council- man Mikels presented a report from the Feasibility Study Committee of which he was Chairman. He said that both the Fire District and the City had financial constraints; that it would not be feasible for the Fire District to be absorbed into the city at this time. But at some point in the future, perhaps when we get the regional shopping center, would be better timing. He stated that the Fire District will be seeking voter approval for additional funds. 8: ADJOURNMENT. Motion: Moved by Palumbo, seconded by Frost to adjourn to an Executive Session not to reconvene. The motion carried unanimously. The meeting adjourned at 10:20 p.m. Respectively submitted, Beverly Authelet Deputy City Clerk