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Home My WebLink About1980/08/06 - Agenda Packet�cn,HpN QTY OF RANCHO COCAMONGA r r CITY C XJNC,'IL O ^ A AGF'.NDk August 6, 1980 1977 AGENDA ITEMS: All 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 Wednesday of each month. The City Clerk's Office receives all such items. 1. CALL TO ORDER A. Pledge to Flag B. Roll Call: Frost r , Mikels__�_, Palombo k ,Bridge k , and Schlosser,. C. Approval of minutes: July 16, 1980 2. ANNOUNCEMENTS a. Historical Commission will meet on August 12, 1980 at 7:00 p.m. in the Lions • Community Building. 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial. They will be acted upon by the Council at one time Without discussion. a. Approval of Warrants - Register No. 80 -8 -6 for $238,920.80 1 b. Award Carnelian Channel Design Contract 3 Recommendation of execution of design contract with L.D. King Engineering for the design of the Carnelian Channel Storm Drain c. Rental of Maintenance Facility House 14 It is recommended that the Council approve rental of the Maintenance Facility house to the City Maintenance Supervisor for $100 per month. The Supervisor will be responsible for all maintenance of the facility, security, property management and will be available to receive and either dispatch or make all emergency repairs. C P l I City Council Agenda -2- August 6, 1980 d. Release of Bonds 19-76-17 Parcel flap 4594: Release of Bonds. Located at the Northeast corner of Jersey Boulevard and Haven Avenue. Owner: C. & L. Homes Performance Bond (Water) $14,724 Performance Bond (Sewer) $13,390 The Cucamonga County Water District approved installation of the Sanitary Sewer and Water Systems on April 8, 1980 Parcel Fla 4320: Release of Bonds. Located at 9th Street and Hellman Avenue McKinley Industrial Park) Owner: A.H. Reiter Development Co. Performance Bond (Road) $53,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. Tract No. 9521: Release of Bonds. Located on Archibald Avenue, north of Hi side. er: Lewis Homes of California Performance Bond (Road) $150,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. Tract No. 9427: Release of Bonds. Located on the north and south sides of Banyan between Hermosa Avenue and Haven Avenue. Owner: Lesney/ Wilshire Properties. Performance Bond (Landscaping) $12,000 Tract No. 9446: Release of Bonds. Located on the south side of Ninth Street, west of Baker Avenue, North of the A.T. & S.F. Railroad. Owner: Kingway Construction Company Performance Bond (Road) $216,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. D.R. 76 -56: Located at 12940 Whittram, Owner: Secondo Colombero Release of portion of Improvement • Security Instrument $ 6,000 City Council Agenda -3- August 6, 1980 Tract 9366: Release of Bonds. Located north of 19th Street and west j of Haven Zvenue Owner: Valle Verde Development Corp. Cash Staking Bond $1,400 The County of San Bernardino has received final monumentation for Tract No. 9366 and has requested the City Council of the City of Rancho Cucamonga to authorize release of the cash staking bond. Tract 9370: Release of Bond. Located north of 19th Street and westerly o Haven venue. Owner: Valle Verde Development Corp. Cash Staking Bond $1,750 The County of San Bernardino has received final monumentation for Tract 9370 and has requested the City Council of the City of Rancho Cucamonga to authorize release of the cash staking bond Tract 9429: Release of Bond. Located north of 19th Street and westerly of Haven Avenue. Owner: Valle Verde Development Corp. Cash Staking Bond $1,450 The County of San Bernardino has received final monumentation for Tract 9429 and has requested the City Council of the City of Rancho • Cucamonga to authorize release of the cash staking bond. e. Vacation of Center Avenue iB Set Public Hearing for September 17, 1980 for intention of vacating easterly 6 feet of Center Avenue between Foothill Blvd. and Church Street. RESOLUTION NO. 80 -75 _ 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CENTER AVENUE AS SHOWN ON HAP NO. V -008 ON FILE IN THE OFFICE OF THE CITY CLERK. /f. Pipe Line License It is recommended that Council approve the maintenance of a pipe for storm drainage that was installed in railroad right -of -way by A.H. Reiter, developer. RESOLUTION NO. 80 -76 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL- IFORNIA, APPROVAL A PIPE LINE LICENSE 0 City Council Agenda -4- August 6, 1980 • g. Tract No. 9637 Acceptance of Bonds and Agreement and Annexation 10 into Maintenance District No. Recommendation that the City Council adopt a resolution approving the tract map and accept the bonds and agreement, plus allowing annexation into Maintenance District No. 1 for exterior landscaping and three (3) resolutions. RESOLUTION NO. 80 -55 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9637 RESOLUTION NO. 80 -77 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 1 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 80 -78 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, • CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION M1 TO LANDSCAPE MAINTEANANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. h. RESOLUTION NO. 80 -72 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RECOGNIZING JAMES C. FROST AS RANCHO CUCAMONGA'S FIRST MAYOR i. RESOLUTION NO. 80 -73 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COidMENDING LAURA JONES FOR HER CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COM14ISSION j. RESOLUTION NO. 80 -74 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COMMENDING JORGE GARCIA FOR HIS CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COIMIISSION City Council Agenda -5- August 6, 1980 • k. Proclamation for City Paid Deferred Compensation 50 It is necessary to adopt the attached proclamation modifying the City's contract with Glendale Federal in order to provide the Council approved deferred compensation benefit to Executive Management and Mid- Manage- ment employees. \� Modifications to City Offices 52 \ \\ On May 7, 1980, the City Council approved allocation of $13,500 for U' modifications to City Office facilities. We have obtained bids .h ranging from the lowest bid of $14,400 to over $39,000. Although a portion of the differential could be attributed to escalating construction costs, some of the disparity must be laid to under- estimation. Alternatives and modifications to the remodeling have been completely explored; the consensus opinion being that the project as proposed is the minimum necessary to obtain a reasonable working environment forauthorized staffing. We, therefore, have no alternative but to request an additional $1,400 and recommend that the modification work be awarded to Rarac Construction for the low bid of $14,900 so the project may begin. • (m. C -Pac (Citizens Participation Advisory Committee) 55 Request to terms of appointment for current C -Pac members. n:') Recommendation to Adopt Employment Agreement with City Manager as 56 1. Revised. The consultant who recently completed the City's position classi- fication plan has recommended that the City Council consider approval of an employment agreement with the City Manager. The proposed agree- ment, which is based on the International City Management Association's Em to ment Guidelines for Urban Administrators, merely stipulates those provisions o emp oyment w ch are both simi ar to and, in recognition of the job, different from other employees. The proposed agreement con- solidates into a single document all of the conditions and terms of employment for the incumbent City Manager. It is significant to note that an employment agreement is required in order to implement a deferred compensation benefit to the City Manager. o. Release of T.O.P. Bond for KKA, Inc. 63 Tract No. 9329 - Release of T.O.P. Bond to KKA, Inc. T.O.P. Bond $2,000.00 0 City Council Agenda -6- August 6, 1980 • p. Refer Claim for damages in the amount of $31.40 by Dayle S. Scott to the City Attorney for handling. q. Refer Claim for damages in the amount of $113,000 by George L. FR Williams to the City Attorney for handling. r. Refer Claim for damages in the amount of $500,000. by David Lee 69 Nittler to City Attorney for handling. 4. PUBLIC HEARINGS A. POSTPONEMENT OF STREET IMPROVEMENTS AS A CONDITION OF SUB- ]i DIVISION AND DEVELOPMENT - REVISION TO ORDINA_N_CE NOS. 2 AD 58 The proposed Ordinances will allow the Council to postpone street improvements for developed parcels of a subdivision or under such other cases where construction would normally be required but is impractical at the current time. In all cases, a lien agreement will be required to insure future construction. ORDINANCE NO. 28 -A (SECOND READING) 76 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MENDING SUB- SECTION (f) OF SECTION 2.12 OF ORDINANCE NO. 28 TO PROVIDE CERTAIN EXCEPTIONS TO THE REQUIRE- MENT THAT ALL OFF -SITE IMPROVEMENTS BE CONSTRUCTED WITHIN A PERIOD OF NINE (9) MONTHS FOLLOWING THE RECORDATION OF A PARCEL MAP FOR EACH LOT UPON WHICH THERE EXISTS A BUILDING OR OTHER USABLE STRUCTURE AT THE TIME OF SUCH RECORDATION. ORDINANCE NO. 58 -B (SECOND READING) 7s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MENDING ORDINANCE NO. 58 TO PERMIT THE USE OF LIEN AGREEMENTS AS SECURITY FOR THE FUTURE CONSTRUCTION OF OFF -SITE IMPROVEMENTS. B. REFUSE CONTRACT AND ORDINANCE 76 A Contract and Ordinance for purposes of awarding a franchise for refuse service in the City of Rancho Cucamonga. City Council Agenda -7- August 6, 1980 ORDINANCE NO-117 (FIRST READING) 78_ AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE CONTROL, COLLECTION AND DISPOSAL OF REFUSE. C. GRADING REVIEW ORDINANCE 93 City Council, Planning Commission and citizen input has in the past indicated a need for greater control of grading practices in the City, This is the first part of a three part program for development of grading control. The ordinance sets forth policy and guide- lines for review of grading plans, creates a staff Grading Committee and provides for establishment of grading standards. ORDINANCE NO. 118 (FIRST READING) 94 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, ESTABLISHING A GRADING COIMIITTEE, PROVIDING FOR DEVELOPMENT OF GRADING STANDARDS AND ESTABLISHING POLICIES FOR REVIEW OF GRADING PLANS. • D. ORDINANCE NO. 75A REVISION TO STORM DRAIN FEE ORDINANCE 98 It is recommended that the Council adopt Ordinance No. 75A to remove the one acre minimum drainage fee on parcels under one acre in size. ORDINANCE NO. 75A (FIRST READING) 99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING SECTION 4 (c) (1) OF ORDINANCE NO. 75. E. ZONING ORDINANCE AMENDMENT NO. 80 -01 AND ENVIRONEMENTAL 106 ASSESSMENT Through the work of a Condominium Conversion Ordinance, composed of the BIA, Chamber of Commerce and Area Developers and the Planning Comnission, an Ordinance was developed and recommended for adoption by the City Council. ORDINANCE NO. 119 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO 108 CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTI4ENTS TO CONDOMINIUMS. 9 I-1 LA City Council Agenda S. CITY MANAGER'S STAFF REPORTS A. AWARD OF STREET SWEEPER CONTRACT August 6, 1980 It is recommended that the Council award the street sweeper contract to Crook Company, the lowest responsible bidder, at the price of $70,725.00. Staff Report by Lloyd Hubbs, City Engineer. B. PLANNING COW41SSION REQUEST TO CREATE A FINANCIAL TASK FORCE TO ASSIST THE CITY IN IDENTIFYING AND EXPLTR–I–N–G--INN-0–V–AT-1VT- APPROACHES T C PITAL IN LACING. Staff Report by Jack Lam, Director of Community Development 123 C. STATE CONSTITUTIONAL AMENDMENT NO. 26 Staff Report by Bill Holley 158 SCA No. 26 is the most significant legislation to occur in California since Proposition 13. This legislation will once again permit the local voters to approve by 2/3 majority, general obligation bonds to make capital improvements within their area, such as parks, libraries, storm drain systems, bridges, etc. They do not currently have this option available. D. PROPOSED LAW AND JUSTICE CENTER 160 The County Board of Supervisors has approved the concept of constructing a court facility adjacent to the Guasti Regional Park. While there is no doubt concerning the need for such a facility to serve the expanding population in the West End, there is a concern with the proposed location. Report by Lauren Wasserman, City Manager 6. CITY ATTORNEY'S REPORT 7. ADJOURNMENT RE67 1 WARR 04517 1 04518 04519 04520 04521 1 04523 04524 04525 1 04527 :ITY OF RANCHO CUCAMONGA M YEN / V E N C 0 R N A M E 7286 MERCEDES BAKED GOODS 7296 MC ELVANA, KAMYE 7307 KILLER, BRETT 7375 MONAHAN. CLAUDIA 7490 NAHRO 7530 NENER, TEARYARK ASSOC 7533 NEVE GERALD 7719 PALOAAR CHARTER SERV 7737 PARKER. JEFF 7773 PAUL E SONS SHOES E REP VY JJV OVGI M1AR BID X- 74CrVIVI\ 04531 8075 RAPIC ObTA INC 04532 8082 RECD 04533 8082 REOFIELOS 04535 8117 REYNOLDS AIPC AKENNETHC 04536 822C RODRIQUEZ, DANA 04537 8233 ROESCH LINES INC 04539 8327 SCOTT,DJERRY 0 04540 8331 SEARS 04541 8337 SEOWAY /COOKE 04512 8355 SIGNAL MAINTENANCE INC 04547 04547 04548 04549 04550 Oh551 II 04552 04553 04554 04555 04556 04557 7 04559 04560 04561 04562 04563 04564 04565 04567 .. I 1 J a i 8397 SOuCACPLANNING CONGRESS 8475 SSSPACcRKLETTSPAPER CO 8486 STESUPTT6 MAAINTR ASSOCSV 8481 STANICK CO 8525 STATIONERS CORP 853C STOCKWELL E BINNEY 8535 ROB STONE CONSTRUCTION 8160 TORO PACIFIC DISTRIB 9060 URENA, GEORGE 9I2C VALLE VERDE LTD 9148 VANGUARD LEASING SYSTEM 9183 HALTERS VINCENT 9290 WEST EN G UNITED WAY 9620 WORK AREA PROTECTION 9990 XEROX CORP 9995 YUKON DISPOSAL SERVICE 9996 ZCLLER HELEN 9998 ZTENTARA GINNY VOIC FINAL TUTALS KARR ISCOUNT NET OA TE 1 1 2 3 2, 25,4 1,1 48x5 Z 5 6.0 1, 238,920.80 R867 CITY OF RANCHO CUCAMONGA MARR R VEN / V E N C 0 R N A M E T 04443 04444 04445 04446 04447 04448 04449 04450 04451 04452 04453 C4454 04455 04456 04457 04458 04459 04460 9 04462 04463 04464 04465 04466 04467 04468 04469 04470 1 04471 04472 04473 04474 04475 04476 t+ 04477 04478 T 04479 04480 04481 04482 04483 04484 04485 04486 04487 04488 04409 04490 04492 04493 04495 04496 04497 04498 04499 04500 0 4501 04502 04503 04504 04505 04506 04508 04509 04510 04511 04512 04513 04514 04515 04516 VOID FORMS ALIGNMENT VOID FORMS ALIGNMENT 0125 4CTICN TRAVEL AGENCY 014C AERIAL ENTERPRISES 0210 AL L SONS AUTOMOTIVE 0240 ALTA LOMA AUTO PARTS 0245 ALTA LOMA HIGH SCHOOL 0252 ALTA LOMA SEWING C VACU 0415 ANDERSON, VAL 103`_ AYERS. DOUGLAS W 104C GORDON AYERS CAMERA SHO 1300 BASELINE HARDWARE 1350 BEEDLE. TIM 1450 BISHGP COMPANY 1470 BLACKSCHLEGER ROSEANN 1555 BOEHL GRETCHEN 169C BRANDT, JEANNINE 1710 BRIDGE, ARTHUR 1725 BROACBENT CORP 1740 BRODIE. JIM 1795 P,URKHART, CAROLYN LANG 1797 BURKHARDT, S J VOID VENDOR NO. 1900 19CC C G ENGINEERING 220C CENTRAL MICROFILM SFRV 2255 CHAFFEY UNION HS 01ST 2282 RINANE SOCIETY CHEVON G 2O SS CL E0 bILIG 335 C OATN CO 235C COLEMAN DAN 2384 COMMUNISATION ENGR CORP 238E CONCORD HOTEL 2455 CO SAN BEND TRANSPORTAT 2500 COVINGTON G CROWE 2575 CUCAMONGAECOL WATERY DIST 2601 WILLIAM CUTHBERT INC 2615 OKSL ASSOCIATESiNG, 0 2650 DAILY 2700 DETO REPORT 300C DYANN DIANE 3185 EDMOKUSON• MR 323C EL CHICANO PUBLICATION 3303 THE EMPIRE CO 4595 GENERALS SERVICESBETH 460C GENERAL TELEPHCNF CO 4610 GENGE CONSULTANTS 4680 GOME2 ALEX 4794 GRiSSSM G JOHNSON 4901 HOLLEY WM - PETTY CASH 4996 HUELSM�N• KEVIN 511C IBM 5275 INTL CITY MGT ASSOC 5277 INTL CONF BLDG OFFICIAL 6105 J C PENNEY 6175 JOBS AVAILABLE 6220 ROY JORGENSEN ASSC INC 661E KBALL, BARBARA 6618 KRUSE JUAN 664C LAIRD CO TI ONL COON 6655 LANIER BUS PRODUCTS 673C LEE GEORGE 677C LEWIS HOMES OF CA 6783 LINVILLE- SANDERSON -HORN 683C LO (,U. SALLY 6851 LOS ANGELES TIMES 6852 LOS ANGELES TIMES 7125 M P A INC 720C MARTINEZ UNION SERVICE 7240 MC BROOM, DON a. WARR rCOUNT NET DATE I 417.00 • 1,272.00 36.66 50.83 320.00 88.09 750.00 2,619.62 20.29 55.28 45.97 695.40 234.00 434.25 900.00 22.60 85.08 103.50 623.25 500.00 4,483.00 21.90 124.00 14,656.60 35.43 13.00 362.60 33, 2. 9 1 4 2.8 38,8 3 1,4 9,3 1 10,8 4f2 5 • ►-1 L.J • CITY OF RANCHO CUCAMQVGA STAFF REPORT DATE: August 6, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Carnelian Channel Design Contract Attached for Council approval and execution is a copy of the design contract with L. D. King for the Carnelian Street Storm Drain Project. The contract is not to exceed $9,900.00 for the design and $3,000.00 for construction staking. Three proposals were received for the contract (see attachment). L. D. King had the lowest proposal as shown on the attached summary. Firm Design Staking C G Engineering $13,700 $3,500 Associated Engineering $11,000 $3,000 L. D. King $ 9,900 $3,000 It is recommended that the Council approve execution of the agreement with L. D. King for the design and construction staking for the Carnelian Storm Drain and authorize $12,900 from the storm drain account. Respectfully sub fitted, LBH:jaa . Attachments 3, • L. D. King, Inc, 517 N. Euclid Avenue Ontario, California 91762 (714) 9885492 ENGINEERS /PLANNERS July 30, 1980 File: 135 -18 Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga 9340 Baseline Road Rancho Cucamonga, CA 91730 Subject: Carnelian Avenue Storm Grain Dear Lloyd: Enclosed are three (3) signed copies of the revised agreement • for the subject project. Cordially, C. ice' a.. -,.� C. MAiiNV Vice Preside Branch Manager BCM:sw Encl as noted r 1 U ^1. Olhenm ONTAHIO, SANTA ANA and NEWPORT BEACH AGREEMENT • CONSULTING SERVICES THIS AGREEMENT is made and entered into this day of , 1980, by and between the CITY OF RANCHO COCA- MONGA and L. D. KING, INC. W I T N E S S E T H WHEREAS, CITY has need for the design and construction of the pro- posed Carnelian Storm Drain; and WHEREAS, CONSULTANT possesses the necessary qualifications to perform the required services; and WHEREAS, it is the desire of the parties hereto to set forth the • terms and conditions under which CONSULTANT shall provide CITY with the services as set forth herein: COVENANTS Section 1. DEFINITIONS. Within the context of this Agreement, unless otherwise specified, the various terms used in this Agreement, including the recitals, shall have the following meaning(s): A. "City" shall mean the City of Rancho Cucamonga, a municipal corporation. B. "City Engineer" shall mean the City Engineer for the City of Rancho Cucamonga. C. "Consultant" shall mean L. D. KING, a California corporation, • and its officers, agents and employees. Page 1 of 8 S. O. "Extra Work" shall mean work performed by CONSULTANT at the request of CITY in addition to and outside the scope of this • Agreement. Section 2. AGREEMENT. The CITY hereby employs CONSULTANT to provide engineering services and CONSULTANT hereby accepts the employment to per- form professional services as hereinafter set forth. Section 3. PERSONNEL. CONSULTANT will have, or will secure, all personnel required to perform the services under this Agreement. All of the services will be performed by the CONSULTANT or under their super- vision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local laws to perform such services, and shall be acceptable to the CITY. Section 4. DESCRIPTION OF PROJECT. The Project for which engineering • service is to be provided is generally described as follows: Preparation of design plans and specifications and cost estimates for the construction of the Carnelian Storm Drain, from the Demers Channel to the existing channel outlet onto Carnelian Avenue. Section 5. SCOPE OF SERVICES AND PERFORMANCE SPECIFICATIONS. CONSUL- TANT, under general supervision of the CITY, shall perform the necessary services as described below: A. DESIGN PHASE 1) Perform all necessary topographic surveys and necessary utility research to complete design plans and specifications. Page 2 of 8 • • B. CONSTRUCTION PHASE 1) Provide construction staking. 2) Consultation during construction on any needed plan re- visions. 3) Make recommendations on contract change orders. 4) Prepare project as -built plans. Section 6. PERIOD OF PERFORMANCE. Upon receipt of a fully executed copy of this Agreement, CONSULTANT shall commence performance of service hereunder.* The time frame for completion of each phase of the work is listed below: Page 3 of 8 2) Provide and submit hydrology and hydraulic calculations • as necessary to verify structure adequacies and design project. 3) Prepare detailed design plans and specifications, including alignment, profile, transitions, and structure sizing. 4) Coordinate design with the San Bernardino County Flood Control District and CITY through a design review process. 5) Coordinate with utility companies to assure that timely relocation can occur at time of construction. 6) Prepare 25 sets of finished design plans, specifications, and engineer's estimate for advertisement and award of a construction contract. 7) Upon receipt of bids, CONSULTANT shall analyze bids and • make recommendations on award of the contract. • B. CONSTRUCTION PHASE 1) Provide construction staking. 2) Consultation during construction on any needed plan re- visions. 3) Make recommendations on contract change orders. 4) Prepare project as -built plans. Section 6. PERIOD OF PERFORMANCE. Upon receipt of a fully executed copy of this Agreement, CONSULTANT shall commence performance of service hereunder.* The time frame for completion of each phase of the work is listed below: Page 3 of 8 A. Topographic surveys and utility investigation - 3 weeks • B. Preparation of preliminary plans and specifi- cations for submittal to the City and Flood Control District - 3 weeks C. Coordinate and review preliminary plans with the Flood Control District, City and utility companies - 4 weeks D. Prepare final plans, specifications, and engineer's estimate - 2 weeks ' NOTE: Unless otherwise noted, all performance times shall begin upon receipt of fully executed Agreement. Section 7. METHOD OF PAYMENT. CITY shall reimburse CONSULTANT • for services performed based on hourly rates as provided to CITY by CONSULTANT but not to exceed a total fee for each Phase as described below: A. Design Phase $9,900 0. Construction Phase - Construction Staking $3,000 C. Consultation during construction, necessary plan revisions, recommendations on contract change orders, and as -built plans will be on an as- needed basis and will be billed at the rate on the attached fee schedule indicated as "Exhibit A ". Page 4 of S a • D. The above fee shall include incidental expenses as well as • equipment and instruments, the use of office space and minor materials, supplies and travel expenses. The above fee does not include printing costs. Work to be done outside the scope of the project shall not be done without written authori- zation from CITY. Compensation for extra work shall be deter- mined at the mutual consent of CITY and CONSULTANT. I1 U 0 E. CITY shall pay the CONSULTANT upon billing twice each month at a regular City Council meeting. In the event any invoice is not acceptable for any reason whatsoever, CITY shall notify CONSULTANT the reasons for the unacceptability of such invoice in order to allow CONSULTANT to promptly respond and make any corrections necessary in order to ensure timely payment. Billings shall be itemized by Phase and Task and shall indicate the percentage of completion for each Task. Billings shall be in accordance with the attached billing schedule dated August 1, 1980, "Exhibit A ". F. All printing shall be billed at cost to the CITY at the time of completion of each respective Phase, Section 8. ADDITIONAL RESPONSIBILITIES. CONSULTANT expressly warrants that its work product shall be accurate within accepted engineering stan- dards and that its findings, recommendations, and professional advise shall be based upon practices and procedures customary in the engineering profession. q Page 5 of 8 1• Section 9. EMPLOYMENT PRACTICES. Tn the performance of the terms of this Agreement, CONSULTANT shall not engage in, nor permit its agents • to engage in, discrimination in employment of persons because of the race, color, national origin or ancestry, or religion of such persons. Section 10. OWNERSHIP OF DOCUMENTS. Upon completion of Project or termination of this Agreement pursuant to Section 14, CONSULTANT shall deliver to CITY all original drawings and copies of all reports, calcula- tions, maps, and other documents relating to Project. Section 11. ACCOUNTING RECORDS. CONSULTANT shall keep complete, accurate and detailed accounts of all time, costs, expenses and expen- ditures pertaining in any way to the rendering of services by CONSULTANT under this Agreement in a manner consistent with generally accepted accounting procedures. • Section 12, ACCESS TO WORK PRODUCT. CITY ENGINEER or his designa- ted representatives shall at all times have access to the work product of CONSULTANT hereunder whenever it is in preparation and progress. Section 13. DESIGNATED REPRESENTATIVE. CONSULTANT shall designate a registered Civil Engineer or Engineers who shall be the primary control with CITY during the fulfillment of the terms of the Agreement, Said Engineers shall be as follows: Project Director - Bill C. Mann Office Engineer - Doug Mays Page 6 of 8 !6. E Section 14. SUSPENSION OF AGREEMENT. Either party shall have the • right to cancel or suspend the Agreement by giving fifteen (15) days written notice to that effect. If such cancellation or suspension shall take effect during the performance of any uncompleted work, CONSULTANT shall be paid the reasonable value of the work accomplished. Section 15. INDEPENDENT CAPACITY. In the performance of this Agreement, CONSULTANT and its officers, agents and employees shall act in an independent capacity and shall not act as officers, agents, or employees of CITY. Section 16. AMENDMENT. This Agreement may not be amended except by written instrument signed by both parties. Section 17. ASSIGNMENT. This Agreement shall not be assigned, in • whole or in part, by CONSULTANT. • Section 18. SUCCESSION. This Agreement shall be binding upon and enure to the benefit of the successors and assigns of the parties. Section 19. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supercedes all prior negotiations, representations or agreements either written or oral. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of San Bernardino, State of California, on the date and year • first above written. ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney CITY OF RANCHO CUCAMONGA By Mayor L. D, KING, INC, BY i'. o f % c�.z.../ Vice Pres' ent /2. Page 8 of 8 • • Exhibit "A" • L.D. KING, INC. RATE SCHEDULE April 1, 1980 Principal ............................ ......................... $60.00 /hour Division Director .................... ......................... $52.00 /hour Project Manager (Engineering and Planning) ...................... $44.00 /hour MapCalculator ...................... ......................... $38.00 /hour Project Engineer ..................... ......................... $38.00 /hour Design Engineer ..................... ......................... $36.00 /hour Project Planner ................ ............................... $34.00 /hour Designer ............................ ......................... $32.00 /hour Drafter /Construction Inspector ........ ......................... $30.00 /hour Planner ....................... ............................... $26.00 /hour • Drafter ....................... ............................... $26.00 /hour Technician .................... ............................... $20.00 /hour Production Typist .............. ............................... $18.00 /hour 3 -Man Survey Crew ........... ............................... $105.00 /hour 2 -Man Survey Crew ............ ............................... $83.00 /hour Above rates will be surcharged $6.00 per terminal hour for computer aided design. Computer drafting shall be charged at the rate of $1.50 per plotter minute. Use of company or employee vehicle for pickup, delivery, or extraordinary trips will be charged at $0.25 per mile. NOTE: Hourly rates are subject to change August 1, 1980, pending a new labor agreement with Operating Engineer's Local 12. manG i 3 J E CITY OF RANCHO CUCANIONC:A SIAFF REPORT DATE: August 6, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Rental of Maintenance Yard House The recent acquisition of the County maintenance facility included a 1,128 sq. ft., 3 bedroom, 1 bath single family residence. This house was previously occupied by the County Maintenance Supervisor who was allowed to rent the facility at a cost of $68 per month. To provide for continuity in the maintenance operation, the current maintenance supervisor for the City was approached on his interest in renting this facility. In order to esta- blish a rental rate, the fair market value rental rate based on appraisal information was established at $350. A value was then set on services which would be provided by the supervisor. Those services included: • Yard Security • Savings in rental management • Structure and yard maintenance • Standby availability for emergency repair • Major repairs and maintenance to the home. Compensation for these services was set at $250 per month. RECOMMENDATION It is recommended that the Council approve rental of the maintenance facility house at 111 North Grove Avenue to the City Maintenance Supervisor for $100 per month not to include gas and electricity. This rental will be on a month to month basis and only available to the Maintenance Supervisor. Respectfully submitted, LBH:jaa • 7 • CITY OF RANCHO CUCA,\ -M-,A STAFF REPORT DATE: August 6, 1980 TO: City Council and City Manager FROM: Loyd Hobbs, City Engineer SUBJECT: CONSENT CALENDAR - RELEASE OF BONDS C��CA.WO C � o 1977 Parcel Map 4594 - Located at the Northeast corner of Jersey Boulevard and Haven Avenue OWNER: C E L Homes 521 N. Mountain Avenue Upland, California 91786 Performance Bond (Water) $14,724 Performance Bond (Sewer) $13,390 The Cucamonga County Water District approved installation of the Sanitary Sewer and Water Systems on April 8, 1980. Parcel Map 4320 - Located at 9th Street and Hellman Avenue (McKinley Industrial) Park) OWNER: A. H. Reiter Development Co. P. 0. Box 7250 Newport Beach, California 92663 Performance Bond (Road) $53,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. Tract 9521 - Located on Archibald Avenue, North of Hillside. OWNER: Lewis Homes of California P. 0. Box 670 Upland, California 91786 Performance Bond (Road) $150,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. continued... iS' Release of Bonds August 6, 1980 Page 2 Tract 9427 - Located on the north and south sides of Banyan between Hermosa Avenue and Haven Avenue OWNER: Lesney /Wilshire Properties P. 0. Box 5526 Beverly Hills, California 90210 Performance Bond (Landscaping) $12,000 Tract 9446 - Located on the south side of Ninth Street, west of Baker Avenue, north of the A.T. E S.F. Railroad OWNER: Kingsway Construction Co. 110 West "A" Street, Suite 590 San Diego, California 92101 Performance Bond (Road) $216,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. D.R. 76 -56 - Located at 12940 Whittram OWNER: Secondo Colombero 1003 East Balboa Blvd. Balboa, California Release of portion of Improvement Security Instrument $6,000 Tract 9366 - Located north of 19th Street and west of Haven Avenue OWNER: Valle Verde Development Corp. 333 S. Beverly Drive, Suite 268 Beverly Hills, California 90212 Cash Staking Bond $1,400 The County of San Bernadino has received final monumentation for Tract 9366 and has requested the City Council of the City of Rancho Cucamonga to authorize release of the cash staking bond. Tract 9370 - Located north of 19th Street and westerly of Haven Avenue OWNER: Valle Verde Development Corp. 333 S. Beverly Drive, Suite 208 Beverly Hills, California 90212 • Cash Staking Bond $1,750 • The County of San Bernardino has received final monumentation for Tract 9370 and has requested the City Council of the City of Rancho Cucamonga to authorize release of the cash staking bond. 4(0. Release of Bonds August 6, 1980 Page 3 s �J s Tract 9429 - Located north of 19th Street and westerly of Haven Avenue OWNER: Valle Verde Development Corp. 333 S. Beverly Drive Suite 208 Beverly Hills, California 90212 Cash Staking Bond $1,450 The County of San Bernardino has received final monumentation for Tract 9429 and has requested the City Council of the City of Rancho Cucamonga to authorize release of the cash staking bond. /7. A • 7 •.,, a v, ava��w,v l�IA..YIVM KSH STAFF REPORT DATE: August 6, 1980 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Vacation of Center Avenue The subject vacation was requested by the Data Design Labora- tories, in conjunction with the processing of an industrial subdivision Tract No. 11928. The subject vacation is for 6 feet of the east of Center Avenue; the existing parkway width is 11 feet from the curb. The current City standards are no sidewalk and 5 foot parkways for industrial subdivisions. Therefore, the Engineering staff has concurred with the pro- cessing of the subject vacation. RECOMMENDATION It is recommended that Council adopt the attached resolution of intention setting the Public Hearing for the subject vaca- tion on September 17, 1980. Respectfully submitted, LBH:JLLM:jaa Attachments /$ RESOLUTION NO. 80 -75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CENTER • AVENUE AS SHOWN ON MAP NO. V -008 ON FILE IN THE OFFICE OF THE CITY CLERK. BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1. That the City Council hereby elects to proceed under Section 8300, et seq, of the Streets and Highways Code, also known as the Street Vacation Act of 1941. SECTION 2. That the City Council hereby declares its intention to vacate a portion of Center Avenue, a City street, as shown on Map No. V -008 on file in the Office of the City Clerk, a legal description of which is attached hereto marked Exhibit "A" and by reference made a part hereof. SECTION 3. That the City Council hereby fixes Wednesday, the 17th day of September, 1980, at 7:00 p.m., in the Community Services Building, located at 9161 Baseline, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation for the purpose of its determining whether said City street is necessary for present or prospective street purposes. SECTION 4. That the City Street Superintendent shall cause notices to be posted conspicuously along the line of the street or part • thereof proposed to be vacated at least 10 days before the hearing, not more than 300 feet apart and not less than three signs shall be posted, each of which shall have a copy of this resolution on them and shall have the following title in lettering not less than one inch in height: "NOTICE OF HEARING TO VACATE STREET." SECTION 5. The subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities or record. SECTION 6. The City Clerk shall cause this resolution to be published once in a newspaper published in the City 10 days before the date set for the hearing. SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in full force. APPROVED AND PASSED this day of , 1980. • Mayor, Rancho Cucamonga ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 1q. Resolution No. vacate Page 2 80 -75 (NOTE: HEARING DATE MAY NOT BE LESS THAN 15 DAYS AFTER ADOPTION OF RESOLUTION OF INTENTION.) • n • ao 0 W h ti ti H'• HEMLOCK I I J14 I ASHFORD I I NORWICK 7 U� U51 EFFEN QI Lu W :14-lvlW �I U DORSET I i f SIX (6) Feel to be Vocated STAFFORD v W NORTH cu FOOTHILL AAAA ul IN OF ITEXI: RANCHO CUCAMO \GA TITLE MAP — V-008 ENGINEERING DIVISION EXHIBIT: SOLE: N -15, 2 I, 4% l of keno nam.,nt .c n t +r�i ,.u� �It[n[ao. LOCKW000 ENGINEERING City of Rancho Cucamonga t yje July 17,1980 & SURVEYING COMPANY, INC. Cwt 30 Welt Foothill Blvd. ov 1 RWIN Calilomie o[xlllnloe Rf'. t V-�at'nn, T 11428 R.C.E. as 9101 � This legal description is for the vacation of the Easterly six feet of Center Avenue along the Data Design Property, presently being developed as Tract 11428, unrecorded. The East 6.00 feet of the west 10.00 feet of the South 1.281.14 feet of the North 1,781.14 feet of tot Number 4, according to the map of Tract 2202, as per plat recorded in book 34 of maps, pages 67 and 6711, records of San Ber- nardino County, California. ( 0.18 acres) as F-1(we'vT "A'. • • CITY OF RANCHO CUCAMgGA STAFF REPORT • DATE: August 6, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Pipe Line License �O GI�CAM11nNC` r F Z U l97I � The attached resolution is for the acceptance of the mainte- nance of a pipe for storm drainage that was installed in railroad right -of -way by August H. Reiter, developer. Mr. Rieter has paid all necessary fees required by the rail- road to accomplish the processing of the license. The drainage pipe was installed as part of the development at the southeast corner of Hellman and 9th Street. The pipe allows the side to drain along the northside of the railroad tracks into Hellman. `J It is recommended that Council adopt the attached resolution authorizing the City Engineer to sign the license on behalf of the City. Respectfully submitted, LBli: JLM: j as Attachments n lJ 93 RESOLUTION N0. 80 -76 ATTEST: Lauren M. Wassermna, City Clerk • Phillip D. Schlosser, Mayor ay. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, • CALIFORNIA, APPROVING A PIPE LINE LICENSE. r..ti Y WHEREAS, the City Council approved for filing a Parcel Map No. ' which was conditioned such to install drainage facilities to the satisfac- tion of the City Engineer; and, WHEREAS, the developer of said Parcel Flap, August H. Reiter III, signed an agreement and bond for such installation; and, ' WHEREAS, said installation required a pipe line to be installed .. within Santa Fe Railway rights -of -way and a permit from said railway company; ". and, WHEREAS, said installation has been completed to the satisfaction of the City Engineer and is now subject to acceptance by the city for maintenance; and, WHEREAS, the Santa Fe Railway Company has provided the City with a pipe line license to be used as an agreement by the City to insure mainte- nance of said pipe line within said company's rights -of -way. <? F '.'�• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that maintenance of said pipe line is hereby accepted and the City Engineer is authorized to sign said pipe line license • on behalf of the City between the City and the Santa Fe Railway Company. PASSED, APPROVED, and ADOPTED this of 1980. AYES: NOES: A6SENT: ATTEST: Lauren M. Wassermna, City Clerk • Phillip D. Schlosser, Mayor ay. , ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF RANCHO CUCAMONGA LOS ANGELES, CALIF. W W. -7Z,/ /{ JA,vuArz.y /G� 197.7 n.cu.- [aciK[MJG Ll°SC2 /PT/eN APP/{OVC.p SCALES 1 IN. TO 40 FT. 9 + S4, I� j N I W I i8 u �' 7o SAN 8G -RNAR1 �Np I y i L S ANG J30' fl.C.D 3y"oJ+�l D/Z.a /N EN7z32s P/uJ J I PPA C -. S. 9m�53:P�.MR78� /Od2: /8 i 7•/ W I IN UC— SCRiPT)oN: A 30' P. c,P STb/rr/ fil1d,N oN .f_ibflT oA uldy 314Owv SNADEO. AT CuGAMoNGA/ SAN BERNARDINO COUNTY, CAL /FORN/A C.E.C.L. DRAWING NO. 601 -37464 Santa Fe aflolnai BL -70527 Fe,m 163E SW.&M PIPE LINE NE LICENSE THIS LICENSE, Made this -------- lst__ day February - _ 1879 between---THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY -----°--'----..__.......-------- -- °----.._.._..---'--- --- - -- - -' corporation (hereinafter called "Licensor "), party of the first part, and CITY OF RANCHO CUCAMONGA, a municipality, in the State of California .(he_r_ei.n_a._f. t_e_r, _ .._w_h_e.t..h.e_r . one or _e_, _c_.l—led — "li._ne.)_, _p.ar. t— y o_f th.e sewnd pare WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: ys,.tr 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee toeenetrueG- 1 thirty_ _______________ _______________________________ ( )Pipe line_....... _. __— __.— __-- ____ —.__ _--t.3.01 inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE "), across or along the right of way of Licensor at or near the station of.cucamonga, Bernardino county_ California __the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.__ 601 - 37464_ dated— _._____. —__ J__a_n_ uary_ 16, 1979 _ _ marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying --- storm_run =off_ water • and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of___--- _ .............. „____One _Hundred Fifty,and no�100_D011ars_($150_00) 4. Licensee shall; at its own cast and subject to the supervision and control of Li"nsor's chief engineer, locate,-aeneoeaet and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum praducte, or other flammable or highly volatile substances under pressure, the Pi PE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li- censor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Lice sor to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and,,, �all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensce"shnll at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the-oEaek*AcWe F maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at anv time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. ac0. 8. THIS LICENSE is given by Licensor and six the same may be terminated at any time by either I served upon the other party, stating therein the date upon the termination of this license to this or any c mand of Licensor, shall abandon the use of the PIPE of way and tracks of Licensor to the same conditim PIPE LINE thereunder. In case Licensee shall fail t ten (10) days after the effective date of terminatio expense of Licensee. No termination hereof shall role under, whether of indemnity or otherwise, resultiul prior to the date the PIPE LINE is removed and i as above provided. ed by Licensee upon the express condition that y upon ten (10) days' notice in writing to he at such termination shall take place, and that r manner herein provided, Licensee, upon de- NE and remove the same and restore the right i which they were prior to the placing of the estore Licensor's premises as aforesaid within Licensor may proceed with such work at the Licensee from any liability or obligation here- cars any acts, omissions or events happening right of way and track of Licensor restored • 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at ------ ___._._�.. —: 9320 Baseline, Suite "C ", P. 0. Box 793 Rancho Cucamonga, CA 91730 ......__.........._-.,......._...her-....-..__..... __....__---- t--- ._..___........ ..-. _ ........................the Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to ceneral Mana er at��?1- Soso- 6ixe».sti•:reet:_ - -rW_' S2(10_E..S5si13 St. _ _ -y o ngeies -eA-- 9ooM- Los_Anre!es,_.,QA , 90040 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect • as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind. ing upon Licensor without the written consent of Licensor in each instance. Attached hereto and made a part hereof is Rider "A" identified by the signature of 7. H. Schwartz. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written, THE ATCHISON, TOPEKA AND SANTA rE RAILWAY COMPANY (Licensor) Approved as to Description: Chief Engineer. Fttorr�cy ` - -' 0 Its �ITy, OF,.1??}NCHO_CUCAMONGA - V By Its 0 R I D E R "A" . RIDER TO LICENSE AGREEMENT DATED February 1 , 1979 BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and RANCHO CUCAMONGA 13. In cases where Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for non- flamable substances, the PIPE LINE shall be. structadsa installed and thereafter msinralned in conformity with plans and specification. at forth in the American Railway Engineering Association, Specification for Pipe Line Crossings under Railway Track for non - flammable substances, Revised 1964, or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever may apply. 14. Any work performed on Li rem or', right of way by Licensee or Licensee's contractor shall be done in a satisfactory workmanlike manner and in accordance with plans and specifications approved by Licensor, including plans covering any falsework, bracing or cribbing that may be necessary to use over, under or adjacent to Licenser's track, and no work shall be permitted until said plans and specifications have been approved by Licensor. 15. Licensee or Licensee's contractor shall not be permitted to commence work on Llc..- see's right of way without having first received written notification from Licensor'. Division Superintendent of permission to proceed. 16. Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the purposes of this agreement, and particularly for the purposes of Section 6 of this agreement, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractors' or subcontractors' employment for Licensee. 17. Licensee agrees to furnish and keep to force or arrange to have furnished and keep in •fares insurance of dl kinds and am..ncs specified below during the initial term of construction of the PIPE LINE and during any subsequent term or terms during which maintenance is performed on the PIPE LINE. (a) The Licensee shall, with respect to the operations which it performs upon, beneath or adjacent co Licensor's right of way and /or tuck, furnish or arrange to have furnished (1) regular Contractors' Public Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person, and, subject to that limit for each person, One Million Dollars ($1,000,000) for all liability arising out of bodily Injuries to or death of two or more persons in one accident or occurrence and (ii) regular Contractors' Property Damage Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each occurrence for all liability arising out of damage to or loss or destruction of property. Licensee and all its contractors and subcontractor, shall be named insured& either in a single policy of insurance complying with the requirements of this subparagraph (a) or in separate policies malncained during such periods as such contractors and /or subcontractors shall perform any work hereunder. The policy or policies insuring Lice, -see shall insure Licensee's coneraccual liab(l- lcy in favor of Licensor contained in paragraph 6 of the printed provisions of this license. 18. Licensee agrees to furnish or arrange to have furnished to Licensor certificates reflecting the insurance coverage or certified copy of insurance policy, if requested by Licensor, as required by subparagraph (a) of paragraph 17 hereof. Certificates reflecting the coverage required by subparagraph (a) shall unqualifiedly require 70 days written notice to Licensor of cancellation or modiflcatlon of the Insurance referred to in such certificates. 19. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by the Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory. • 1 IDENTIFIED BY a s . // .I I J Zia C -- T. ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF RANCHO CUCAMONGA LOS ANGELES, CALIF. JfANL/ArZY /6, /979 A- GM.-EWGNEEN14r SCALE: f IN. TO .4o FT ZNaslaipr,." AA .vs aq. AT CucAMoNGAJ SAN BERNARD /NO CoLINTY, CALIFopzwA C.E.C.L. DRAWING NO. 601 -37464 3 2�=' DisT 4. Z7w. LU L' To SAN 8G- RN ?Rt7iNOay S -7- rWANaA Ala 1 I '1E HT I J I J I 30 ".Q•GT S/'OJ »1 D2.6iN GN7Zi�i$ .P/trJ O ➢R G -. 5. 9CYJ.• 5"S,P= I MP. 9P+ /od2. 88 W I n' P� Z7ESC2 /PTO//: A 30' P. C.P 57b /LH D /2,G�N o.V ,L.IG/JT OP WAY SNa u/N SHADED. aq. AT CucAMoNGAJ SAN BERNARD /NO CoLINTY, CALIFopzwA C.E.C.L. DRAWING NO. 601 -37464 3 9 - CITY OF RAt%XM CUCAMONCA STAFF REPORT DATE: August 6, 1980 V1 bt(5 - TO: City Council and City Manager 1977 FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Tract No. 9637 Acceptance of Map, Bonds and Agreement and Annexation to Landscape Maintenance District No. 1 Tract No. 9637 was tentatively approved by the County on January 20, 1977 for :1 lots on 11.6 acres located at the N.E. corner of Amethyst and Lemon. The bonds are to guar- antee the installation of street improvements for the tract and a future storm drain in Archibald Ave. from Highland to 19th Street to handle future storm runoffs. Bonds are from Chevron Construction Co., developer, and are as follows: Performance (Surety): $200,000.00 Labor & Material (Surety): $200,000.00 Maintenance of exterior parkways is to be provided for by annex- ation to Landscape Maintenance District No. 1. The assessment for Tract No. 9637 has been established by the City Engineer's Report of July 5, 1979, for the original Landscape Maintenance District No. 1. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Tract Map and accept the bonds and agreement, and approving the resolutions for the landscape maintenance annexation. Respectfully submitted, _V�e LBII : JLM: j as Attachments • 3o RESOLUTION NO. 80 -55 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9637. WHEREAS, the Tentative Map of Tract No. 9637, consisting of 31 lots, submitted by Crismar Development Subdivider, located at the north- east corner of Amethyst and Lemon has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient improvement security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows; 1. That said Improvement Agreement be and the same is approved • and the Mayor is authorized to execute same on behalf of said City, the City Clerk is authorized to attest thereto; and, 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and, 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this day of 1980. AYES: NOES; ABSENT: ATTEST: Lauren M. Wassorman, City Clerk 3) Phillip D. Schlosser, Mayor RESOLUTION NO. 80 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 1 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. RESOLVED by the City Council of the City of Rancho Cucamonga that: WHEREAS, on the 5th of July, 1979, said City Council directed the City engineer to make and file with the City Clerk of said City a report in writ- ing as required by the Landscaping and Lighting Act of 1972; WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for under pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is suffi- cient, and that said report, nor any part thereof, requires or should be modified in any respect; NOW, THEREFORE, it is ordered as follows: 1. That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental experses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. 2. That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said • Assessment District are hereby preliminarily approved and confirmed. 3. That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. 4. That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this day of 1980. AYES: NOES: ABSENT: ATTEST City Clerk 3a RESOLUTION NO. 80 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO . CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION ql TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. The City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, does resolve as fol- lows: Description of Work SECTION 1: That the public interest and convenience require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and facilities thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, walls, in connection with said parkways. Location of Work • SECTION 2: The foregoing described work is to be located within roadway right -of -way and landscaping easements of Tentative Tract No. 9637 enum- erated in the report of the City Engineer and more particularly described on a map which is on file in the City Cler's office, entitled "Annexation No. 1 to Land- scape Maintenance District No. 1. ". ("1 U Description of Assessment District SECTION 3: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public beneift, and the said City Countil hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexa- tion No. 1 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. , indicating by said boundary line the extent of the territory included withinthe proposed assessment district and which map is on file in the Office of the City Clerk of said City. 33 Report of Engineer SECTION 4: The City Council of said City by Resolution No • has approved the report of the engineer of Work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, detailed description of improvements, and the method of assessment. The report titled "Engineer's Report, Annexation No. 1, Landscape Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. Collection of Assessments SECTION 5: The assessment shall be collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. Time and Place of Hearing SECTION 6: Notice is hereby given that on the 3rd day of Sep- tember, 1980, at the hour of 7:00 p.m. in the City Council Chamgers at 7105 Carnelian, in the City of Rancho Cucamonga, any and all persons having any ob- jections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be de- • livered to the City Clerk of said City prior to the time set for the Hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. Landscaping and Lighting Act of 1972 SECTION 7: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. Publication of Resolution of Intention SECTION 8: published notice shall be made pursuant to Section 6961 Of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be • BY published 10 days before the date set for the hearing, at least once in The Daily Report, a newspaper of general circulation published in the City of • Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: City Clerk • • 3S Mayor Y d CITY 0r RANCHO c • L V FORTH T IT@\ I: CUC NION'C,A TITLE: 'TV b C7 NO.0637 • EXI11131T: SGXLL: "•Soo' W. CITY OF RANCHO CUCXIONGA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 9637 MJ, 91:N DY THESE PkESENTS: That this agreement is made and entered into, in. conformance with the provisions of the Subdivision Nap Act of the Stare ni California, and of the applicable ordinances of the City of Ranehn Cucom r:t,a. California, a municipal corporation, by and between said City, here- inafter referred to as tine City, and Cq.1!RO:I CONSTRUCTION CO. hereinafter referred to as the Subdivider. WITNESSETR: THAT, tT EREAS, said Subdivider desires to subdivide certain real property in said City as shown on the previously approved Tentative Nap of Tract No. 9637 and, WHI:RF S, said City has established certain requirements to be met by said Sub- divider as prerequisite to approval of the Final Flap of said Tract by said City; .,I, Tli El.,FORE, it is hereby agreed by said City and by said Subivider as Eolio %:s: 1. Tile Subdivider hereby agrees to construct at Subdivider's expense all in- pro,:cments described on Page 5 hereof within twenty -four months from the daca hereof. . 2. This agrceasnt shall run for a period of 12 months . from the date Of the resolution of the Council of said City approving said Final Nap and this agreement. This agreement shall be -in default on the day following the second anniversary date of said approval unless on extension of time has been granted by said City as hereinafter provided. 3. Tit, Subdi,,idcr may request an extension of time to complete the terms here - oi. Such request sha1L be submitted to the City in writing not less tlron 4 ''eels bofor'e the expiration date hereof, and shall contain a statement of circ:unstances necessiLating the extension of time. Tile City shall have the right to review the provisions of this agreement, including the can - straetion standards, cost estimate, and improvement security, and to require ad{.: ;tnents therein if any substantial charge has occurred during the term hereof. G. If the Subdivider fail; or neglects to comply with the provisions of this agnrnarc(,L, the City shall have the right at any tin, to cause said provi- lions to be r,t by any Lwfu1 means, and thereupon recover from the Sub - div dar and /or his surety the futt cost and expense incurred. 37 5. The Subdivider shall provide metered water service to each lot on said Tract in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. Utility - Deposit- Statement. Subdivider shall file with [be City Engineer, prier to the n+mmeneemenr Of anv work. to he performed within the areas des_ erfbrd by said map, it written statement signed by Subdivider, and each publie� utility corporation involved, to the effect that Subdivider has made the de ;osit legally rcquirod by such public utility corporation for the connec- tion of any and all public utilities to be supplied by such Corporation with- in such subdivision. 1. The Subdivider shall be responsible for replacement, relocation, or removal o: any cOMPOnent of any irrigation water system in conflict with construction Of required improvements to the satisfaction of the City Engineer and the owner of such water system. 8. Ic:prne;•r•ents rcquirod to he constructed Shall conform to the Standard Ut'.0 :iu G' nod Stmidard 8pecif'cable's of the City, and to the Improvements Plan approved by and on file in the office of the City Engineer. Said ir.;•rrvemonts to tabulated on the Construction and Bond Estimate, hereby intorpordted on page 5 hereof, as taken Cram the improvement plans listed thereon by nu'nhcr. The Subdivider shall also be responsible for tion of any o CaostrUC- [ednsftitms or other incidental work beyond the tract bound- aries as needed for safety and proper surface drainage. ' 9. Constrnr.[ion permits shall be obtained by the Subdivider from tite office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of Public utilities and City Departments. Failure to comply with this section shall be subject to tite penalties provided therefor. 10. Tim Subdivider shall be responsible for removal of all loose rocks and other debris from public rights Of way within or adjoining said Tract resulting from development work relative to said Tract. It. Work done within existing streets shall, be diligently pursued to completion. 12, parkway trees required to be planted shall be planted by the Subdivider after Other improvement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in accordance with the planting dia- gran approved by the City Community Development Director in all locations where the adjoining lot has been completely developed and built upon. por.siblc for maintaining all trees planted in Food ehealth vuntil s the lend ofS the guaranteed maintenance period, or for one year after planting, whichever is later. 17. The Subdivider is responsible for meeting all conditions established by the City pursuant to the Subdivision llip Act, City ordinances, and this agree- ment for the Tract, and for the maintenance of all improvements constructed thereunder until tite Tract is accepted for maintenance by the City, and no r r•'pt'ovenent serurity provided herewith slmll be released before such accep- t. ^nco ualess otherwise provided and authorized by the City Council of the City. 3 8 15. The improvement security to be furnished by the Subdivider with this agree- ment shall consist of the following, and shall be approved by the City Attorney: A. A faithful performance guarantee bond assuring completion by the Sub- divider of all conditions prerequisite to acceptance of the Tract by the Citv. B. A materi.at and labor payment quarantee bond assuring payment in full by tiie Subdivider for all materials, services, equipment rentals, and labor furnished to the Subdivider in the course of meeting the conditions of this agreement. C. A cash deposit with the City to guarantee payment by the Subdivider to the tract engineer or surveyor whose certificate appears upon the Final Tract Map For the setting of all tract boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the tract eng- ineer or .surveyor as acceptable payment in full; or, if no value is sub - nitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. ti.:id cash deposit may be refunded as seen as procedure permits after ':•Co:pt by the City of the O!ntcrlfnc tie notes and written assurance of pilvmcnc in full from the tract engineer or sureovor. 0. lbc required bonds nod the principnl mmnunts thereof are set forth on pa�;c 4 of this agreement. Ib. 1Fe - uintenoncc guarantee bond hereinabove referred to shall be furnished by the Suh,iividev to guarantee any and all portions of all improvements free of defects of materials or vorkm.viship for a period of one year from tiro d.:tc of acceptancc of the Tract by the City, and shall be furnished prior to such acceptance and release of the above described improvement security. This maintenance guarantee bond also specifically includes all specified work of any parkway maintenance assessment district that may be a r,coire,ent of this tract, during the period of time for which the Sub - di•.ider is required to provide such maintenance. Said maintenance guarantee bond shall equal 52 of the construction esti- vate or $ 200.00, whichever is greater. ay 14. This agreement shall not terminate until the maintenance guarantee bond here- inafter described together with the has been required released by the City, or until a new agreement improvenent City, by a successor to the security has been submitted to the Subdivider herein named, by City Council same has been and resolution of the accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to be furnished by the Subdivider with this agree- ment shall consist of the following, and shall be approved by the City Attorney: A. A faithful performance guarantee bond assuring completion by the Sub- divider of all conditions prerequisite to acceptance of the Tract by the Citv. B. A materi.at and labor payment quarantee bond assuring payment in full by tiie Subdivider for all materials, services, equipment rentals, and labor furnished to the Subdivider in the course of meeting the conditions of this agreement. C. A cash deposit with the City to guarantee payment by the Subdivider to the tract engineer or surveyor whose certificate appears upon the Final Tract Map For the setting of all tract boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the tract eng- ineer or .surveyor as acceptable payment in full; or, if no value is sub - nitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. ti.:id cash deposit may be refunded as seen as procedure permits after ':•Co:pt by the City of the O!ntcrlfnc tie notes and written assurance of pilvmcnc in full from the tract engineer or sureovor. 0. lbc required bonds nod the principnl mmnunts thereof are set forth on pa�;c 4 of this agreement. Ib. 1Fe - uintenoncc guarantee bond hereinabove referred to shall be furnished by the Suh,iividev to guarantee any and all portions of all improvements free of defects of materials or vorkm.viship for a period of one year from tiro d.:tc of acceptancc of the Tract by the City, and shall be furnished prior to such acceptance and release of the above described improvement security. This maintenance guarantee bond also specifically includes all specified work of any parkway maintenance assessment district that may be a r,coire,ent of this tract, during the period of time for which the Sub - di•.ider is required to provide such maintenance. Said maintenance guarantee bond shall equal 52 of the construction esti- vate or $ 200.00, whichever is greater. ay 17. T,at the Developer shall take out and maintain, during the term of this ncacrnnt, such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of tiic nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or aoyene directly or indirectly employed by said persons, even though such d2-ages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurance shall also directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and Isis subcontractors, and all insurance policies issued hereunder shall so state. The.amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death lia- bility limits of not less than $300,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $100,000 for each accident or occurrence with an agg- regate limit of $200,000 for claims which may arise from the operations of the Developer in the performance of the work herein provided. B. Automobile liability insurance covering all vehicles used in the per- formance of this agreement providing bodily injury liability limits of not less than $200,000 for each person and $300,000 for each acci- dent or occurrence, and property damage liability limits of not less Limn $50,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may arise from the operations of the Developer or his Contractor in performing the work provided for herein. 18. Tl:at before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. ( O 6CE22C L" VIPROVE"IENT AGREEMENT TRACT NO. 9637 PAGE 4 Gs evidence of uuderstnnding the provisions contained herein, and of intent t" co:q +I •: aith save', the Subdivider her. submitted the below described improve - rmn[ sccurity, and has affixed his signature hereto: FAITHFUL PERI'OR:6INCE BOND Description: STREETS & DRAINAGE Principal Amount: $$200,000 Surety: COVENANT MUTUAL INSURANCE CO. Attorney -in -Fact: SOUTH COAST SURETY GENERAL AGENCY, INC. Address: 141 South Lake, Suite 110 Pasadena, California 91101 MATERIAL AND LABOR PAYMENT BOND Description: STREETS & DRAINAGE Principal Amount: $200,000 Surety: COVENANT MUTUAL INSURANCE CO. Attorney- In- Fact5QUTH COAST SURETY GENERAL AGENCY, INC. Address: 141 South Lake, Suite 110 Pasadena, California 91101 CASH DEPOSIT P:ONUMENTING BOND Amount stipulated by tract engineer or surveyor: Amount as shover on Construction and Bond Estimate: Amount deposited per Cash Receipt No. Date MAINTENANCE GUARPYTEE BOND To be posted prior to acceptance of the tract by the Citv. Principal Amount: I.: S:ITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures. CHEVRQL1_LG:i.�TP,UCTI Q; �.CO,- ,- a_�limited partnership by Ddto June 9, 1980 by Ciil S "IAR )�EI LO—FENT y C08P0"r'f IQN, a Subdivider —��/j �gen T �arltner Date by % v t - -� Subdivider hIARIO ;:Um, President / IGry'rn W,, '. a f'_. u. -r If a Parma .Ifi p' �ANO INSURANCE ANO TNSU *TE O!' C \Llf i i, ^,'.I\ oxo...an. N'I'1 (IF _Co,g__ n, C1C $ } 55. an, A, CALIFORNIA I Lrt<m,,th, :J, N.ur, P.M,, in and for ation vi•1 Finn uer.nalh .rp.rarrd ��0.1ZL0 ,(gyp ' 7Zy , known m mr to be the 5. -r,-. d._- C2t5m4 .R_Desalopme.� +_._Corpoxnh'on, a,.. ......... ,nu, „�.d Mayor CITY OF RANCHO CUCAIMONC.\ CONSTRICTION ANO S01iD ESTI)L'.TE ENCROACMENT PEBMIT FEE SCHEDULE (Attach to "Inspector's Copy ") DATE: 5 -6 -80 PERMIT NO. COMPUTED EY J. L. Martin File Reference Tract 9637 City Drawing No.s NOTE: Does not include current fee for writing permit or pavement replace - rent deposits. CONSTRUCTION COST ESTIMATE ITEM QUANTITY UNTT UNIT COST S AM UNT GRADE 3rC:iT OF WAY 5220 S.F. S 3.00 15660.00 NW:IOVAUS, )$ISC 834 L.S. 1.50 1251.00 A. C. 1165 S.F. 30.00 3 950.00 A. 0. BC?.`I 1422 L.F. •50 399.00 CUM 6 C", [-I 3471 L. F. A no 20826.00 CROSS GCiTER /S?A::D cL S.F. S f S11) - :: 9926 S.F. 1.7S I ' DRIVE Atc::OACHES - residential 7440 S.F. D 1 624.0 CRUS'!ED AGGREGATE BASE S.F. CTRFC7 171':;5 A 2" \ �" P7T'001) HEADER I T- F. STREET SIGNS EA. H.C.P. I L.F. CATC!1 3dSIN EA. OOTLET 37RU'CTURE 1 1 EA. 1900. 00 1500. Guard Paddles I I 1 4000 120,00 Barricade_ 66 25.00 AC Overlay 1899,10 Y Curb Only I 185 5 sn 101 0 St rni� i ( i" RCP I 121 48S20.GO P I r Im 1000.0 I FA I FA I I F I I I I 1 k`CG I1:7::� Ul!.T•S I I.V. qn1A Do I:RRIGATIW: 6 TOTAL CONSTRUCTION COST 182,779,60 10 • FAITHFUL PERFORMANCE BOND Bond No: 010371 Prem. Amt:$3,600.00 WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and OHEVRON fONSTROCTION CO /CRI24AR DEVELOPMENT CORPORATION (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 19gp_, and identified as project _TRACT 9647 IS hereby referred to and made a part hereof; and, htHEREAS, 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 COVENANT M11IIIA1 INSIRAN F 00. , as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called "City "), in the penal sum of • Te.., R odr d [h s d Dollars ( 20 000.00 ) lawful money or 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 perform 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 become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included ar- • Slate of Califon -,ia County of Los A,9,1e, S1' On ihi, 9th y me U.3 day of 19 80, before me personally came -- --- --_ Arthur i. Clement Jr, J C INSPECTION FEES I. ITEM QUANTITY IJNIT 1N IT COST A?IOl1N I . . . . . . . . . . . . . . . CONSTRUCTION INSPECTION - of Consttuction Cost Estimate L.S. T..S. i.. S. . . . . . . . . $ r. ;7 OR TRr'7.II DESIC71 FEES (10`: of Total Construction Cost Estimate) . . . i..F TOTAL PAVEMENT RMACENENT L.F. Faithful Performance Bond - ¢00,000.00 • STORE ' TE -RI.4L IA RICFlT- OF -WAY Material and Labor Bond P.A. Maintenance Bond = $ Cash MonumentinN Deposit = $ 2,750.00 I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . $ 7,936.18 II. CONPACIION TEST FEES . . . . . . . . . . . . . . . . . . . . .$ III. 107. CM;TI!;CMIES . . . . . . . . . . $ IV. DESIC71 FEES (10`: of Total Construction Cost Estimate) . . . . Sy 18,277.90 TOTAL 5 201.057.50 Faithful Performance Bond - ¢00,000.00 Material and Labor Bond = $200,000.00 Maintenance Bond = $ Cash MonumentinN Deposit = $ 2,750.00 RCE22E y� • • 1 No. U f� LABOR AND MATERIALMEN BOND WHERF,AS, the City Council of the City of Rancho Cucamonga, State of California, and CNEVRON CONSTRUCTION CO /CRI SIdAR OFVFI OPMFNT CORPORATION (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 , 19 , and identified as pro- ject IRA CT 9637 - is hereby referred to and made a part hereof; and, 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 undersigned 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 Tyx, hundred thousand Dollars ($200,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond 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 F41„ ender Title 15 (commencing J Sfa1r. of Cali (orn ie County of Los Angeles On fl, 9th day of dune 19_8le{ore me personally came Arthur I Clement, Jr. to me known, who being by me duly sworn, did depose and say: that he is Aftomey(s)- in•Fac} of Covenard Mutual Insurance Company, the Corporation described in and which evecuted the foregoing instrument; that he know(s) the seal of said Corporation; that the seal aNhed h s.,,h r�mn.,,a ,.,I. n.,s u .14:_j Prem. Amt:$3,600.00 FAITHFUL PERFORMANCE BOND re WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and CHEVRON CONSTRUCTION CO. ICRISMAR DEVELOPMENT CORPORATION (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 , 19_8, and identified as project TRArT 9A17 is hereby referred to and made a part hereof; and, 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 COVENANT MIITIIAI INC IRAN F CO. , as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called "City ") , in the penal sum of T. hn"drrd thousand Dollars ( 200,000. ) 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 perform 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 become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included Stale of California (� County of Las Angeles On /hit 9th 1 LJune day of , 19 $D, before me personally came Arthur J. Clemennth RESOLUTION NO. 80 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, RECOGNIZING JAMES C. FROST • AS RANCHO CUCAMONGA'S FIRST MAYOR. WHEREAS, the geographic area known as Alta Loma, Cucamonga and Etiwanda, incorporated in November, 1977 into what is now known as the City of Rancho Cucamonga; and, WHEREAS, incorporation necessitated electing a City Council and Mayor to guide the County's third largest city through the critical early years of progress; and, WHEREAS, James C. Frost's family has historical roots in the Community since the late 1800'x; and, WHEREAS, James C. Frost was an active participant in local affairs prior to incorporation of the City of Rancho Cucamonga as a member of the Municipal Advisory Council, County Service Area 50 Advisory Commission, and Tri- Communities Incorporation Committee; and, WHEREAS, because of James C. Frost's obvious credentials and intense interest in the City of Rancho Cucamonga, he was selected as Mayor by his colleagues; and, WHEREAS, James C. Frost served as Mayor of Rancho Cucamonga during its "formative" years and helped lay the necessary foundation to • establish the proper direction for the City of Rancho Cucamonga; and, WHEREAS, James C. Frost served with honor, distinction and unyielding dedication as the City of Rancho Cucamonga's first Mayor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga hereby proclaims its sincere gratitude and appreciation to James C. Frost who served as Rancho Cucamonga's first Mayor from December, 1977 to April, 1980. BE IT FURTHER RESOLVED that the Rancho Cucamonga City Council expresses its sincerest appreciation to Councilman Frost in recognition of the outstanding leadership provided during the City's formative years. PASSED, APPROVED, and ADOPTED this 6th day of August, 1980. AYES: NOES: ABSENT: • A'i TEST: Phillip D. Schlosser, Mayor Lauren M. asserman, ty er '17 RESOLUTION NO 80 -73 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COMMENDING LAURA JONES FOR HER CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COMMISSION. WHEREAS, Laura Jones was appointed to the first Planning Commission of the City of Rancho Cucamonga on March 8, 1978; and WHEREAS, Laura Jones has served in that position for two critical years during the City's formative years; and WHEREAS, Laura Jones has made significant contributions to the Planning Commission and the City of Rancho Cucamonga by participating in the development of the City's first General Plan; and WHEREAS, Laura Jones should be commended for her contribution to the City of Rancho Cucamonga and two years of service with the City's Planning Commission, NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Rancho Cucamonga does hereby declare its sincere appreciation to Laura Jones for her two years of dedicated service as a member of the City of Rancho Cucamonga's first Planning Commission. • PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk • yg Phillip D. Schlosser, Mayor RESOLUTION NO 80 -74 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COMMENDING JORGE GARCIA FOR HIS CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COMMISSION, WHEREAS, Jorge Garcia was appointed to the first Planning Commission of the City of Rancho Cucamonga on March 8, 1978; and WHEREAS, Jorge Garcia has served in that position for two critical years during the City's formative years; and WHEREAS, Jorge Garcia has made significant contributions to the Planning Commission and the City of Rancho Cucamonga by participating in the development of the City's first General Plan; and WHEREAS, Jorge Garcia has served as a member of the first Design Review Board of the City of Rancho Cucamonga and Vice Chairman of the City's first Planning Commission; and WHEREAS, Jorge Garcia should be commended for his contribution to the City of Rancho Cucamonga and two years of service with the City's Planning Commission, NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Rancho Cucamonga does hereby declare its sincere appreciation to Jorge Garcia for his two years of dedicated service as a member of the City of Rancho Cucamonga's first Planning Commission. PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Vlasserman, City Clerk 9 y, Phillip D. Schlosser, Mayor 0 CITY OF RANCHO CUCAMONGA MEMORANDUM July 28, 1980 TO: City Council /City Manager FROM: Finance Dire or SUBJECT: Proclamation (City Paid Deferred Comp.) As a vehicle for modifying the City's contract with Glendale Federal, the attached proclamation is offered. • The fringe benefit of deferred compensation is offered to management personnel, and has already been approved. r1 U To PROCLAMATION • CITY PAID DEFERRED COMPENSATION The City Council of the city of Rancho Cucamonga does hereby proclaim that the following management positions shall receive as additional compensation fifteen 'percent of gross salary in the form of deferred compensation: (A) City Manager Also, the City of Rancho Cucamonga does hereby proclaim that the following management positions shall receive as additional compensation three percent of gross salary in the form of deferred compensation: (A) Assistant City Manager (B) Finance Director /City Treasurer (C) Community Services Director (D) Community Development Director (E) City Engineer (F) City Planner (G) Building Official (H) Senior Planner (I) Plan Check Engineer • (J) Building Inspention Supervisor (K) Senior Civil Engineer (L) Recreation Supervisor (M) Accountant II (N) Associate Civil Engineer (0) Public Works Engineer (P) Maintenance Supervisor The employee agrees that his /her rights to the deferred compen- sation shall be governed by all terms and conditions of the plan. • 911 7 A 1 CITY OF RANCHO CUCAMONGA MEMORANDUM Date: July 29, 1980 To: City Council From: City Manager Subject: Modifications to City Offices On May 7, 1980, the City Council approved allocation of $13,500 for modifications to City Office facilities. We have obtained bids ranging from the lowest bid of $14,900 to over $39,000. Although a portion of the differential could be attributed to escalating construction costs, some of the disparity must be laid to under- estimation. Alternatives and modifications to the remodeling have been completely explored; the consensus opinion being that the project as proposed is the minimum necessary to obtain a reasonable working environment for authorized staffing. Accordingly, we have no alternative but to request that an additional $1,400 be allocated so that the project may begin. 3a. P,,vc N., of Pages Vrorolud C1ev of Rancho Cucamoa_ 989-1851 _—_7/25/80 9320 Baseline Road Ran hq CucwIionga., CA A,,,j n.. glans Aa�� qn,,, el"t And d,m^ 'esses".t. f" h"A4'�p --- -------- -- - W..t4.. f. Vc !1ropatip wi,b, t, al - , — complete I Icc.1da,r,h e,Tr. litl:,Ie 1:100,IM101s, for the whr, of ____F=trtaen_thou.s,nd nine hundred J 14 900 . W WI ... ., ..... ..... NI, 4frtltnnrr vrf MI-Vaii.11 d III I., I,— rl r. I%jI1., 'o Oa Inf rron .111hw Pled . .. ".01 11 1 "'evid Im". 0.1f at ftc,,e.. S.Ke.lw. ..- DARAC CONSTRUCTION CO. 1231 WEnM STREET. UPLAND. CALIFORNIA 91726 (71419 1133 NAME Of OWNER City of Rancho Cucamonga ADO.... 9320 Baseline Road cl" Rancho -9 an ¢a , „o „E 989 -1851 CONTRACT IOTM rnc[ f 1Gr900 _ sy N2Mf 40 CITY OF RANCHO CUCAMONGA MEMORANDUM July 30, 1980 To: City Council and City Manager' From: Bill Holley, Director, Community Services Subject: C -Pac (Citizens Participation Advisory Committee) This memorandum is to advise that the terms of appointment for the present C -Pac end in July. These individuals have proven valuable to the City when they have been called upon. Should Council wish to infuse new views into the committee, staff would suggest adding new members to committee rather than replacement of current individuals. This is possible as there are no "specific" guidelines regarding this committee concerning number of members or responsibilities. Based on the preceding sentence, the question comes to mind, "Why does the C -Pac exist ?" I feel they exist to provide the City and the North Town citizens a two way communications link to an area that requires a slightly different approach to the goal of community improvement. Options: 1. To reappoint the current C -Pac - Nacho Gracia, Chairman Ramon Rodirguez, Vice Chairman Celia Martinez, Secretary Catalina Montez , Enrique Vasquez Arturo Ayala Jenny Gonzales 2. Appoint additional citizens who express interest. 3. Take no action, and "sunset" the C -Pac. Recommendation: Staff recommends Option No. 1 Comment: This item has purposly not been placed on agenda. Should Council wish to exercise Option 3, described above, no action should occur. Should Council wish to take other action, however, it can be done under announcements or new business. BH /mw �Imw sr . M E M O R A N D U M • TO: Lauren M. Wasserman, City Manager FROM: Robert E. Dougherty, Assistant City Attorney DATE: July 30, 1980 RE: Employment Contract - City Manager. Jim Frost, Mike Palombo and I met on July 28, 1980, to go over the revised Contract which you had submitted to them last week. After lengthy discussion, it was felt that certain changes should be proposed. Those changes are incorporated in the redraft, a copy of which is attached for your review and comment. The Employment Agreement is now in a form acceptable to Mike and Jim and it is approved as to form by this office. If it meets with your approval, then you may wish to include it on the City Council's agenda for August 6, 1980. If you have any questions concerning the revisions, please give me a call. RED:sgg Enclosuxe cc: Phillip D. Schlosser, Mayor cc: Arthur H. Bridge, Councilman cc: James C. Frost, Councilman CC: Jon D. Mikels, Councilman cc: Michael A. Palombo, Councilman; N, COPY EMPLOYMENT AGREEMENT • THIS AGREEMENT, made and entered into this day of , 1980, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, hereinafter called "City ", and LAUREN M. WASSERMAN, hereinafter called "em- ployee ", W I T N E S S E T H: WHEREAS, the City desires to retain in employment the ser- vices of said LAUREN M. WASSERMAN as City Manager of the CITY OF RANCHO CUCAMONGA; and, WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set working conditions of said employee; and, • WHEREAS, it is the desire of the City Council (1) to assure that the health of employee is adequate and is regularly veri- fied by competent authority as adequate to continue in said po- sition, (2) to provide a just means for terminating the services of employee at such time as he may be unable to discharge fully his duties due to disability or age or when the City Council may desire to otherwise terminate his employ, (3) to assist in the maintenance of the health and well -being of employee, (4) to re- tain the services of employee and to provide inducement for him to remain in such employment, (5) to make possible full work pro- ductivity by assuring employee's morale, health, and peace of mind with respect to the future security of him and his family, (6) to act as a deterrent against malfeasance or dishonesty for • S7 -1- • personal gain on the part of employee and against morally ques- tionable personal financial dealings, and (7) to establish a clear and mutually understood system of compensating employee; WHEREAS, employee currently serves in said position as City Manager and the City Council wishes to retain said employee in said position; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES. City hereby agrees to employ said LAUREN M. WASSERMAN as City Manager of said City to perform the duties and functions specified in Ordinance No. 2, which was adopted December 2, 1977, and to perform such other legally permissible duties as the City • Council shall from time to time assign. SECTION 2. TERM. The term of this Agreement shall be indefinite and may be terminated by either party as hereinafter provided. SECTION 3. TERMINATION AND SEVERANCE PAY. A. The City Council may terminate the employment of em- ployee at any time, provided, however, that, if such employment is terminated for reasons other than willful misconduct in of- fice or conviction of an illegal act involving moral turpitude, then the City shall pay employee a lump sum cash payment equal to six (6) months' salary, as severance pay. B. In the event employee resigns his position with the City, then employee shall give the City thirty (30) days' not- - ice in advance. S 8 _2_ C. Employee shall be entitled to additional severance com- • pensation such as any accrued leave benefits or other fringe benefits which are, at the time of giving such notice, available to all other City executive management employees. SECTION 4. SALARY. A. The City Manager's compensation shall be adopted by resolution of the City Council. S. City shall review said base salary and /or other bene- fits of employee in such amounts and to such an extent as the City Council may determine at its discretion, but no less fre- quently than an annual review of said employee made at the same time as similar consideration is given other employees. The City Council of the City may, but is not required to, consider an adjustment of salary. • SECTION S. ASSIGNMENT AND USE OF CITY VEHICLE. It is mutually agreed and understood the employee's duties as City Manager require that he have the exclusive use during his employment with the City of an automobile provided to him by the City. City shall pay for liability, property damage and comprehensive insurance and for the lease or purchase, all costs for operation, maintenance repair and periodic replacement of said vehicle. The usage of said automobile shall not include extended trips or vacations without prior approval by the City Council. SECTION 6. OTHER BENEFITS. All other provisions relating to fringe benefits, working conditions and professional development, as approved from time • sq -3- • to time by the City Council of City, which are provided to ex- ecutive management employees, shall be applicable to employee. In addition, City will allocate sufficient funds to pay the actual expenses of employee's necessary costs for travel, registration and lodging and meals when representing the City at conferences and meetings authorized by the City Council. SECTION 7. PHYSICAL EXAMINATIONS. City recognizes its interest in the continued good health of employee, and agrees to pay all expenses for a comprehensive annual physical examination of employee. A copy of the medical report shall be available for the private perusal of the City Council. SECTION B. LIFE INSURANCE. • City agrees to pay annual premium for a whole life insur- ance policy, at standard or preferred rates, in the amount of $50,000.00, with employee to name beneficiary thereof. SECTION 9. DEFERRED COMPENSATION RETIREMENT. A. In addition to the said base salary set out in Section 4 hereof, City agrees to set aside additional sums equal to fif- teen percent (158) of the said base salary or $7,500.00, which- ever is lesser and to invest said set aside sums in a deferred compensation plan. (1) City and employee agree that City has provided the employee with a current copy of the plan. (2) Employee hereby elects to become a participant in the plan and to select plan to defer payments as set forth in • the deferred compensation plan offered to employees by City. &O -4- B. In the event employee accepts employment with another • employer and such other employer shall desire to make the pay- ments into said deferred compensation plan, then the City may at its discretion transfer ownership of employee's share of said program to the new employer. C. It is mutually understood and agreed that the right to the monies which may accrue under said deferred compensation plan pursuant to this Agreement shall not be subject to sale, encumbrance, hypothecation, assignment, transfer, or levy under a writ of execution, of attachment so long as the employee re- mains in the employment of City. SECTION 10. GENERAL PROVISIONS. A. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of employee. B. If any provision of this Agreement shall be held in- valid, the remainder shall nevertheless be deemed valid and effective, and it is the intention of the parties hereto that each provision hereof is being stipulated separately in the event one or more of such provisions should be held invalid. C. This Agreement shall become effective commencing July 1, 1980. IN WITNESS WHEREOF, the CITY OF RANCHO CUCAMONGA has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its Deputy City Clerk, and the employee has signed and executed this Agreement, both in • G/ -5- . duplicate, the day and year first above written. ATTEST: City Clerk (SEAL) J APPROVED AS TO FORM: C it y Att or"115 / 0 -6- Mayor of the City of Rancho Cucamonga, California Lauren M. Wasserman Employee CITY OF R ;kNCHO CUCANIONCA �C�'CA.%j0 MEMORANDUM � F� 1977 DATE: July 22, 1980 TO: Harry Empey FROM: Gary W. Richards, Code Enforcement Officer SUBJECT: Release of T.O.P. Bond for KKA, Inc. Work for the following tract has been completed and the T.O.P. bond is hereby authorized by the Planning Department for release to KKA, INC., 9645 Arrow Highway, Suite K, Rancho Cucamonga, California 91730. • Amount Purpose/ Tract No. Lot No. of Bond Receipt No. Location 9329 1 $2,000.00 Savings Acct. Sales Office/ No. 10- 32217 -0 Garage Conversion Upland Savings Located on the and Loan N.E.C. Of Carrari and Mesada Thank you for your assistance. If you have any questions regarding this bond release, please call. 63 C °,t�`3 x cl {yyD CLAIM FOR DAMAGES SN �' TO PERSON OR PROPERTY 01110101. roe Fltr INSTRUCTIONS Claims for death. injury to person or to personal properly most be filed not later than 100 days after the occurrence. (Gov. Code See. 911.2) 2. Claims for damages to rent properly most be filed not later than I year after the occurrnce. (Gov. Code Sec. 911.2) J. Read entire claim before filing. 1. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim most be filed with City Clerk. (Gov. Code See. 915.) TO: CITY OF RANCHO CUCAMONGA address to which you desire notices or How did DAMAGE or IN/JURY occur? G'. ..Y ,v d4o4SC,1 / "e a4 "`-o Nil ✓, to be sent and State z RESERVE FOR FILING STAMP CLAIM No. Za61C�11UtU 131nj5t6 Age of Claimant (H natural person) Telephone full particulars.`,.lb'to Ali(/ ✓n ✓1'1/ LirlcLc e..46" 0 /9R,fowN�W '.(e re'd 0r-'A I. / // "erg t0 /1 Of H- LLpI<.v AY. .W In GII ea47D JAfck- K.v1'&nK4 67 >,-eo vM6k On did DAMAGE or INJURY occur? Give full particulars, date, time of day: Z�71'.Wi =Y Where ow DAMAGE or INJURY occur? Describe 0 street names and address and measurements from 7r�J. /.Y—L/'SzC...1N or 7r "/:7;v;rrs'v on diagram an reverse s'do of this tlP' /AV /fr 14,,9 JAONJn. where appropriate, What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: f1oCa5 /'✓ tA¢ roe i c i 5m.7�L a(, tcA RrouN A n/aa-Aa1,e e,01/.r-A4,41 add What DA:.IAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: 4 n.•u,ti,N s'/'•Kd.S ANd 6e al� rrJ Uy l/JA' -L!_ CAN /' Hnrti�C. °1'S /Bra �e,v $,I; / /t/• ,CLVe/ What AMOUNT do you C1. 1m on account of each tom of injury or damage as computation: rro .V+ wAd. %L 1,4 N.ILL c I'<. giving rcrr< 3r,yv ES1'1 :1AIMD A::GUN'i as far as known you ciano on account of each item of prnspecrive injury or damage, giving basis o. SEE PACE 2 (OVEII) THIS CLAIM MUST RE SIGNED OS REVERSE SID. 0 nsurance payments received, if any, and names of Insurance Company: /Va NC apendstures made on account of accident or injury: (Date — Item) (Amounll /VU /'/ c7 Name and address of Witnesses. Doctors and Hospitals: ,0AV2 GJM�PL{, 16'? wrist Lam. c LrdN,CA."1,23z`1 ?.-5 035 READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by 'R" and by showing house numbers of distances to street corners. If City Vehicle was involved, designate by letter "A" location of City %chicle when you first saw it. and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -I" and location of yourself or your vehicle at the time of the accident by 'B -I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS Z L SIDEWALK _ CUR" PARKWAY SIDEWALK FF FOR AUTOMOBILE ACCIDENTS I J L� L-1,' L Z PP,P0V NV'YY. X X127 1A4R =N llrvY 1 F al or person filing an his uenau giving I Tvocd Name. I Dale NOTE: Presentation of a false claim is a felony (Cal. Pen. Code Sec. 72). CLAIMS MUST BE FILED WITH CITY CLERK (GOV. CODE SEC. 915v). eo 3 • 9 a'p.n y . I.N A. 1 GEORGE L. WILLIAMS _ 33 East Huntington Drive 2 Arcadia, California 91006 213/445 -2411 3 i fl 4IIAttorney for Claimant p. _ i 5, I 61 7I CLAIM AGAINST THE CITY OF RANCHO CUCANONGA 8I 9 TO: THE CITY OF RANCHO CUCAMONGA 10'iil GENEVA L. WILLIAMS hereby makes claim against 11:I THE CITY OF RANCHO CUCAMONGA for the sum of $113,000.00 and makes 121iithe following statements in support of the claim: 131; 1. Claimant's post office address is 7931 Perlite Court, i; 14 Rancho Cucamonga, California 91730. 15 2. Notices concerning the claim should be sent to I 16jlGeorge L. Williams, Attorney at Law, 33 East Huntington Drive, 17I�!Arcadia, California 91006. 18 3. The date and place of the occurrence giving rise i ],g I to this claim are June 4, 1980, at about 2;00 p.m., on the sidewalk 20 bordering tiie north property line of 7931 Perlite Court, Rancho u 211 Cucamonga, California. 2211 4. The circumstances giving rise to this claim are as 23 follows: The City failed to repair the defective sidewalk after 24 successive notices of the dangerous condition. Said condition 25 was hidden as to northbound pedestrian traffic. Claimant was 26 walking northbound on the sidewalk and was caused to fall due to 27 the defective condition, causing her serious injuries. 28 5. Claimant's injuries are a severe fracture requiring it 11 prosthesis in the hip. 2i 6. The names of the public employees causing the 3'claimant's injuries are unknown. 4 7. My claim as of the date of this claim is $113,000.00. 5 8. The basis of computation of the above amount is 6 as follows: 7 Medical Expenses Incurred to Date: $ 8,000.00 8. Estimated Future Medical 9!I Expenses: $ 5,000.00 10 !; General Damages: $100,000.00 11', Total: $113,000.00 � 12 j Dated: July 21, 1900 i 13 i 14 GENEVA L. WILLIAMS 15 Claimant 16 17! Declaration of Presentation of Claim by Mail 18:1 I am over the age of 18 years and am not a party to 19 the claim affixed to this declaration. I am employed in 20 ii Los Angeles County, California; my business address is 33 East 21I Huntington Drive, Arcadia, California 91006. I presented the 22 : affixed claim by depositing the original thereof in the United ii ; 23 States Mail in Arcadia, California, on July 21, 1980, at the 24','' United States Post office in Arcadia, California, in a sealed 25 envelope, with postage thereon fully prepaid, addressed as 26, follows: City Clerk, City of Rancho Cucamonga, 9320 Baseline Road, 27 28:1i I ji II _2 4-7 i 111 Rancho Cucamonga, California 91730. • 21 Dated: July 21, I% 1980, at Arcadia, California. 1 declare under penalty of perjury that the 4 foregoing is true and correct. 11 5I 6 7 Patricia J. 4ie iberg� 8 9 'I 10', 11'' 121 131 I� 14'' 15 i1 16' II 17 18.. 19 I� 20' 2111 it 22 I 24 25 26! 27 2B ,_ I vM�•a¢� -tS -, CLAIM FOR DAMAGES RESERVE FOR FILING STA14P .a ' TO PERSON OR PROPERTY CLAIM No................ —J•.____.._.. Wlplaal FOR FILE [ 1 _ r ClVi INSTRUCTIONS �. Claims for death, injury to person or to personal property must be filed not later than 100 days after the occurrence. (Gov. Code Sec. 911.2) )_ u. 2. Claims for damages to real property must be filed not later than 1 year after the PM 2. occurance. (Gov. Code Sec. 911.2) Read entire claim before filing. at.1 tZ 3 4 5 6 �IjihClll i l l 1 4. See page 2 for diagram upon which to locate place of accident. l 9 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) TO: CITY OF RANCHO CUCAMONGA Name of Claimant Age of Claimant (it natural person) DAVID LEE NITTLER 38 Rome Address of Claimant City and Slate Home Telephone Number 5790 Arabian Drive, Alta Loma, California Business Address of Claimant City and State Boater. Telephone Number Give address to which you desire notices or communications to be sent regarding this claim: JAMES C. HAZEN, Attorney at Law P.O, Box 342, Alta Loma, CA 91701 How did DAMAGE or INJURY occur? Give full particulars. SEE ATTACHMENT "A" n did DAMAGE or INJURY occur? Give full particulars, date, time of day: — April 3, 1980 at approximately 10:52 p.m. Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and address and measurements from landmarks: 5790 Arabian Drive, Alta Loma, California 91701 - Family Residence What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or dam_ e, if krov:r.: willk 1, abusive and agressive conduct on the part of San Bernardino County Sheriff's Deputies Thomas Anthony Seelig & D. Clark, The office of Sheriff Frank Bland, The County of San Bernardino arid various county employees whose itentities are unknown at the present time. What DA:•IACE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Claimant has suffered injuries and damages in the amount of $500,000.00, said damages being medical expenses, present & future, general damages, pain & suffer- ing. Claimaints herein also allege wilful misconduct on behalf of the officers .ar A ;.Wl,..I do ynu claim on account of earn item a injury or damage as of date of presentation of this claim, Ionfoummn. $500,000.00 General damages and $500,000.00 Punitive damages. •e ESNMA'E:D AMOU'N'T' os tar as known you eimen tilt account of each i:e,n of prns'Pec UVe Inlvey or damage, giving basis of SEE PACE 2 (O \TIU THIS CLAIM MUST BE SIGNED ON REVERSE SIDE CV � ' nsurance payments received, if any, and names of Insurance Company: Currently unknown at present Expenditures made on account of accident or injury: (Date — hom) (Amount) Name and address of Witnesses, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including .Forth, East, South, and West; indicate place of eceident by "X" and by showing house numbers of distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when You first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -I" and location of yourself or your vehicle at the time of the accident by B-V and the point of impact by °X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS SIDEWALK CURN CURB PARKWAY 7 SIDEWALK I FOR AUTOMOBILE ACCIDENTS 71� Signature of Claimant or person filing on his hehall giving Typed Name: Date relau o to Claimant: JAMES C. RAZEN, Attorney ^ 9768 19th Street 7 -9 -1* ( Alta Loma, CA 91701 NOTE: Presentation qo a false claim is a felony (Cal. Pen. Code Sec. 7I). CLAIMS MUST BE FFLED h7T11 CITY CLERK (GOV. CODE SEC. 9I5a). 70 • LI C � � aril 1, 1.980, at approximately 10:52 p.m. there were two .,,i•. •!.nnCipc outside. the residence of Mr. Nittler indicating ., :�,,I !•ti I�:cn a rcpnr.t of a disturbance at that address and . ,ni ili there was a problem. Mr. Nittler informed them rin n„ problem and that the officers could leave. Mr. Il i •:. LI,en i.nfcrmcd that if he didn't let them in they would •i, �f d"'In. Mr. Nittler then answered the door. Officer . •. what the problem was. Mr. Nittler told him that there •I I 'n, that he and his wife were having a family argument. •,i I':r •oi„r., Hr. Nittler told the officers that they had no need •+f. I L% :;crvi.ccs and that they could leave and attempted to shut th,, door. Officer Seelig put his foot in the door without allowing Mr.. Nittler to close it. At this point, the officers, Deputy Seelig and Deputy Clark, r,+l •red Iho residence and persisted in wanting to know what the problem was. At this point Mr. Nittler further told them that they w :`rc I,O leave, there was no need for them to be there, that this was a private, personal matter, that Mrs. Nittler was not in any , danner, she had not been struck nor had-she ever been hit by Mr. Ni!tA or in the twenty years that they had been married. At this I:r•in'!., officor Clark indi.catod to Mr. Nittler that if he didn't I Wrs. Nittler go that they would restiain him so that she could Mr. Nittler then attempted to proceed into another room in the `,•n::.: wi.`.h his wife. Officer Clark then grabbed Mr. Nittler and ;tarred pur.hing and shoving. Officer Seelig grabbed Mrs. Nittler •.ahn atto•upted to persuade both officers that she and Mr. Nittler could resolve the matter without any interference from the deputies. At his point, the officers became more aggressive, pushing . not shoving. No effort was made to act aggressively towards them :cr t:i1n to, move across the floor to another part of the house where this matter could be resolved without their interference. . The pushing and shoving on the part of the officers became more violent, and they began striking Mr. Nittler with their flashlight and night stick. Mr. Nittler was hit several times on the head and on the shoulders. Mr. Nittler was trying to protect himself and his wife as she was being struck and /or restrained in an aggressive manner. The two deputies and Mr. and Mrs. Nittler moved'further towards the north part of the kitch9h. At this point, Mr. Nittler was torn loose from his wife by Officer Clark and she was shoved into the cnunte r. The two officers then shoved Mr. Nittler into the breakfast ar,•a nna cont-inued to strike him with a night stick and flashlight. Turing the scuffle the officers used excessive force and I As the scuffle proceeded, Officer Seelig drew his gun and it aipparently was knocked from his hand and fell on to the kitchen floor. David Nittler, who is 17 1/2 was in the family room / during the entire process and was able to see everything that happened. 0 lJ C i(,rrACIINRNT "A" CONT tUED R\CR -2- - rt• ' :o, tai. ;im (.01 to the floor and he grabbed the gun to prevent Iny i)i, r;sar. fit ing thereof. T,L this point, Officer Clark'was behind Mr. 'Nittler. He "drew his q wi Ind pbinted it at Mrs. Nittler and told her to throw out the gun. She never had the gun. Mrs. Nittler told her son to ' please return the gun, and this occured without incident from Lhe Ni.tticrs. Officer Seelig then went over to the area in the kitchen wh,�rc the gun was laying and retrieved it. At this point, Officer Cln.q a.ill. h,ld Mr. Ni.tticr from behind, put his right arm around his n,ch and tcgin choking him teljing him to drop to his knees . Mr. Iv.f..rlor was unable to drop to his knees due to the excessive hold and force of officer Clark. arn 1this point, Officer Seelig grabbed Mr. Nittler by the right! - 1 '%ic.ked him in the groin area twice. Then Officer Clark ,•.. !„ to the floor and Officer Seelig took his right �•:, �� . %:,- roliv nxt:e.nded and turned around facing away from . I r rtrlddtinq his arm and began to sit on his arm. Mr. ' :, ,,,: ^d to Lhr. Officer to stop. Officer Seelig replied „ I I " lean,{ ^'cessive and abusive language. Shortly thereafter, I •r w_ms h-a,dcuffed and while still - laying on his stomach, :Ii• I.- -,r; c,ml-inued to.beat him with the night sticks and flash- (r S -el.iq kicked Mr. Nittler in the side of the head I. n••i r:nvrrai. times. Further abusive language persisted t'rt r,• .,1 '!,ia entire i.ncidont. n ?. Nittler was cuffed several other officers had n rri, ; on il.�� seen- by this time. Mr. Nittler was picked up by .. . !c•:f f.n 111(1 dr.agijnd to the front door. . ioi.nt in time, Mr. Nittler was thrown into the I,ntially clothed and not allowed to obtain clothing. lax. iA 1,r s ^ in the squad car for approximately 30 minutes dIn �• I .ahi,th I ire the cif Cicers were interrogating Mrs. Nittler. ',. NitIJ(Ir was subsequently taken to Sheriff's Substation it, R1 ic'n] (Iucamonga and booked for battery on a police officer, P.C. 143. 'rhe Officers involved in this incident continually and with- out provocation used excessive force and abusive language diroctcd Lownrd Mr. and Mrs. Nittler. Mr. Nittler in no manner inst'.,iol:ed nor precipitated any such force or language and was . not in aggrcrnor at any time. Claimant has suffered injuries and damages in'the amount " �PJ'.:• '''` of $500,000.00, said damages being medical expenses, present and ful:ur,:, general damagon, pain an suffering. Claimants herein olo,o tLle.,ic wilful misconduct on behalf of the officers involved .. and dllcgc herein a clni.m for $500,000.00 as punitive damages an a resulL of said conduct and activities 'as herein described. - . , .. •...i:, _gip � 0 J CITY OF RANCHO CUCAMIXCA STAFF REPORT DATE: July 16, 1980 U TO: City Council and City Manager 1971 FROM: Lloyd Hubbs, City Engineer SUBJECT: Revision to Ordinance 28 and 58 making provisions for postponement of street improvements Attached for Council approval are Ordinances 28 -A and 58 -B making provisions to allow mechanisms for the Council to postpone improvements currently required to be constructed under existing Ordinances. Where the postponement is approved by the Council a lien agreement will be required to insure future construction of improvements at such time that construction becomes feasible. The Ordinances are general in nature allowing full discretion on the part of the Council. Appeals for postponement will be analyzed by the Staff for recommendation to the Planning Commission who shall forward a recommendation to the Council for final determination. RECOMMENDATION: It is recommended that Council approve Ordinances 2 -A and 58 -B. Respectfully submitted, yobLH:b Attachments -73 ORDINANCE NO. 28 -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, AMENDING SUB- SECTION (f) OF SECTION 2.12 OF ORDINANCE NO. 28 TO PROVIDE CERTAIN EXCEPTIONS TO THE REQUIREMENT THAT ALL OFF -SITE IMPROVEMENTS BE CON- STRUCTED WITHIN A PERIOD OF NINE (9) MONTHS FOLLOWING THE RECORDATION OF A PARCEL MAP FOR EACH LOT UPON WHICH THERE EXISTS A BUILDING OR OTHER USABLE STRUCTURE AT THE TIME OF SUCH RECORDATION. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Sub- section (f) of Section 2.12 of Ordinance No. 28 is hereby amended to read as follows: "The City Council hereby finds that it is necessary for reasons of public health and safety that all off -site improvements be constructed within a period of nine (9) months following the recordation of a parcel map for each lot on which there exists a building or other usable structure at the time of such recordation. The foregoing provisions not withstanding, the City Council, oA reGe4pt of a reeeffmefxiation-fre . the. ay postpone the construction of off -site improvements to such later time as it shall, at its discretion, determine. "No postponement of construction shall be granted by the City Council unless the owner of the subject parcel shall agree in writing to construct required off -site improve- ments at such future time as shall then or thereafter be determined by the City Council. Said contract shall create a lien upon the property to be divided as security for the performance of said agreement. Any such written contract and lien agreement shall be recorded with the County Recorder of San Bernardino County immediately subsequent to the recordation of the subject parcel map. ". SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Oaily 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: Phillip 0. Schlosser, Mayor ATTEST: -7 y ORDINANCE NO. 58 -B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO_ 58 TO PER- MIT THE USE OF LIEN AGREEMENTS AS SECURITY FOR THE FUTURE CONSTRUCTION OF OFF -SITE IMPROVEMENTS. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Section 6 of Ordinance No. 58 is hereby amended to read as follows: "Section 6. Construction of Public Improvements - Prerequi- site to Approval of the Building official. "(a) Except as provided in Section 5, the Building Official shall deny issuance of a building permit, or deny approval for occupancy or deny final approval and acceptance for public utility connections to any building or parking lot until required full frontage improvements exist, or are constructed or their construction is guaranteed by an executed agreement and cash money deposited with the City in a sum approved by the City Engineer based upon one - and - one -half (1 -1/2) times the estimated cost of construction. (b) In the event construction of full frontage improvements • is not required to be completed within six (6) months after the issuance of the building permit, the City Engineer may, at his option, require that a lien upon the property to be improved be created by contract between the owner and the City as security for the performance by the owner of the construction guarantee agreement instead of a cash deposit. In the event a lien agreement is required pursuant to this section, no building permit shall be issued until said lien agreement is recorded in the Office of the County Recorder of San Bernardino County. ". SECTION 2: The Mayor shall sign this Ordinance and the City Clerk s all 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 Clerk 'j s Phillip D. Schlosser, Mayor • -I I CITY OF RANCHO CUCAMONGA MEMORANDUM July 31, 1980 TO: Council /City Manager FROM: Harry Empey 7 '\ SUBJECT: Refuse Contract /Ordinances Attached please find copies of the proposed ordinance and contract for the purpose of franchising certain refuse companies in the City of Rancho Cucamonga. Some time has passed since the original ordinance was presented to Council for its review. However, when dealing with more than one company certain problems are encountered that you would not normally have to face. Mainly, who serves what area, and what are equitable trade offs? Both the ordinance and contract have been reviewed by the City Attorney as well as the attorney for the refuse companies and at this point everything seems to be agreeable to both parties, In a previous memo Council has had the opportunity to review a possible means by which requested rates may be measured as to validity. However, it is recommended that issue be discussed at a later date. Further, it is recommended that Council adopt the enclosed refuse ordinance and authorize the Mayor and City Clerk to sign the necessary contracts to effect the franchise. 7 (o :� CJ r . I • M E M O R A N D U M TO: City Council 6 City Manager FROM: Harry Em e___ SUBJECT: City Refuse Service In an effort to achieve certain levels, of service for its citizens a city must provide the service directly using its own equipment and manpower, or if re- sources are limited, as is the case in Rancho Cucamonga, an alternative method must he used to insure that proper levels of service are attained. - With regard to refuse service in the City of Rancho Cucamonga the alternative to direct service is franchising refuse companies in the area. This method can go a long way in insuring that the citizens of Rancho Cucamonga receive a high level of service and that it is maintained through strict compliance of the ordinance and contract between the City and the refuse companies. The refuse companies are interested in seeing a franchise issued as it provides them with a certain amount of assurances that they will be around for a while and that large sums of money invested in equipment and personnel will have time to be amortized. Also certain apprehensions about buying new equipment will be removed. The City would also be served to the best of the refuse companies capa- • • bilities. Once the refuse companies have been franchised, the residents of the community would have recourse through the City to air their complaints should the need arise. It has been apparent in talking with some of the complaintants that the refuse companies could be somewhat more responsive. At this point it is also important to realize that in dealing with that many accounts it is impossible to satisfy every- one. It may be further to the City's advantage to franchise refuse service as it has been determined by the Federal Government that it is a City's responsibility to maintain the public health and welfare of a community. Franchising would certainly be the proper vehicle for maintaining the necessary control in the area of public health. Enclosed with this memo is a copy of the ordinance, rough contract, and a partial list of some of the compalints received by the City. Staff is prepared at this time to complete the franchising process.' • • % 7 • ORDINANCE NO. 117 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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: Charges for Collection of Refuse. A mandatory monthly charge for the collection of refuse shall be made against the occupants of each residential unit within the City. The amount of such monthly charge shall be fixed from time to time by the City Council by resolution; provided, however, no change in such amounts shall be ef- fective until thirty (30) days after the adoption of the resolution changing the same. The monthly charge may vary within the City if the City Council determines that refuse collection costs in some areas exceed those in other areas because of location, topography or other reasons. SECTION 2: Method of Billing. Refuse collection charges for each residential unit shall be billed by 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. lJ SECTION 4: Penalty for Non - Payment. A penalty of one hundred percent (1008) of the amount billed shall be assessed against any person liable for payment of a collec- tion charge who fails to pay such charge within thirty (30) days following the date on which he is first billed there- for. SECTION J: Adjustment for Vacancies. No collection charges shall be charged during the term that a residential unit is vacant, provided that written notice of the commence- ment of the vacancy is given to the servicing collector, provided, however, that refuse is not set out for collection from such vacant unit. For the purposes of this section, a vacancy stall be deemed to commence on the first (1st) day of the a'm6WIch following the actual beginning of the vacancy, and the vacancy sha4 be deemed to terminate on the first (1st) day of the_t during which the residential unit or commercial establishment is occupied or re- occupied. SECTION Refuse Defined. "Refuse shall mean and include garba e, combustible rubbish and non - combustible _. 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, fist •t , 1. i n (_ J ( 1 i (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 that will incinerate through contact with flames of ordinary temperature. "Com- bustihle 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 that will not incinerate through contact with flames of ordinary tem- perature. "Non- combustible rubbish" shall not include fur- niture, large household appliances, junk autos or parts therefrom, dirt, rock or material from the demolition, al- teration or construction of buildings. SECTION is Other Definitions. For the purposes of this Ordinance, the following 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 busi- ness, 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 fam- ily. 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 busi- ness purposes may be considered a commercial unit for the purposes of assigning charges for special collection purposes. SECTION 8: Receptacles Required. Except as pro- vided in this Ordinance, it shall be unlawful 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. 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 O mentioned, or in wooden or sturdy cardboard boxes, tubs, pla 'mac ,ash similes. recep .es. : cart yard 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 (41) 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 con- tractor- 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)4ik shall be furnished for each multiple of six (6) 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 shall be provided by the occupants of each residential unit or commercial es- tablishment within the City and without expense to the City. SECTION 11: Receptacles: Cleanliness. The exter- iors of the refuse receptacles including covers, shall be kept clean P'�)i�`ititerior of refuse receptacles shall be cleaned periodically to prevent accumulation of grease or decomposing materials. 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 container- ized 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) ">> - cial -tv - t.i nn hi 120 or drop bodies shall be placed in an area which is easily accessible to collection personnel and equipment, with suf- ficient way to safely collect and maneuver without injury to persons or property. SECTION 13: Periods to Set Out Refuse and Time for Collection. Refuse shall be set out for collection not later than 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 for 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 or in plastic adequate to contain it with- out spillage or leakage before it is deposited in a refuse receptacle. SECTION 15: Destruction of Refuse Receptacles Un- lawful. It shall be unlawful for any person to intention- ally 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 combustible rubbish may be placed in the same refuse receptacle for combined collection. SECTION 17: Collection Fr�uency. All refuse gen- erate by residentia units shall be collected a minimum of once a week. SECTION 16: 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 combus- tible rubbish to accumulate for more than one (1) calendar week, or cause or permit non - combustible rubbish to accumu- late for more than one (1) calendar month. Any accumulation of refuse for a period of time in excess of the times pre- scribed 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 pro- visions 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 �' l J a • in accordance with the directions of the County Health Offi- cer. 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 can- not be immediately located, the City shall cause the removal of such dead animal. Any employee of, or other person auth- orized 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 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. The City may contract with persons or companies for the collection, 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 pro- vide for a franchise fee, in an amount determined by the • City Council, to be paid to the City. SECTION 2: Unauthorized Collectors. Except where a person or company is authorized to continue collection ser- vices 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. SECTION 23: Refuse Truck Regulations. Any person or company holding a refuse contract with the City shall pro- vide 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: Ue0osit of waste Prohibited. It shall person be unlawful for any to cause, or permit, any garbage, sewage, commercial or industrial waste, or waste of. ^ other nature, to remain or be deposited or d achdrgedupon the surface of the ground on any public or private property, Q 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 re- sult to the applicant from not granting the exception is a hardship which would not generally apply to other property in the City. (c) The 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 re- siding or owning property within the City may appeal the 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. 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 contin- uing 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 Ordi- nance. 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: 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. • APPROVED and ADOPTED this day of 1980. AYES: $ 3 ABSENT: • ATTEST: • • City Clerk D t Mayor 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. 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, herein- after 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. SECTI017 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, transportion and disposing of accumulations of refuse and the products or residue 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. •SEC. 10!,, 3, COMPLIANCE WITN LAWS. The Contractor shall comply with all laws, ordinances, rules and regulations of the State, County, City and all political subdivisions thereof having Bi 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 soeci- • fications 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 Contractor 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 obligations 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, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; 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 S. DEFAULTS; REMEDIES. A. DEFAULTS. In addition to anything set forth speci- fically herein and referred to as a material default, the occur- rence of any one or more of the following events shall constitute a material default and breach of this 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 Contractor; (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 assignment, 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. q ID )_ B. REMEDIES. In the event of any such material default or breacv, by Contractor, City may at any time thereafter, 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: 40 rights terminate this Agreement and all of Contractor's rights hereunder. In the event of such termination 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 sun paid by City shall be immediately due from Contractor to City and shall bear interest at the rate of twelve percent (12 %) per annun from the date the sun is paid by City until City is reimbursed by Contractor. ARTICLE II TERM AND AREA OF AGREEMENT Y 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 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 performance of such work, provided, however, that the Contractor shall not be required to collect any uncontainerized scattered rubbish or garbage unless such garbage has been thoroughly drained, wrapped and containerized. Except as otherwise provided herein, Contractor shall not be ` required to dispose of excluded items. All of the Work required L �d 7 of the Contractor hereunder shall be done in a good, thorough and workmanlike manner. —. 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 Contractor. Contractor, at its own expense shall pay all costs and charges in connection with said disposal. SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or dropped by Contractor from any vehicle transporting 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 obtaining City's written consent. One consent by City shall not be consent to a subsequent assignment. Contractor's interest 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 involuntarily, 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 Agreement. 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 constitute 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 authorized 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 elsewhere in the City. City shall protect Contractor's rights to an exclusive contract by proper ordinances, and by reasonable enforcement thereof. SECTION 13. FREQUENCY OF COLLECTION. The Contractor shall collect from each residential unit a minimum of once each week, but can provide additional collection aervice at additional charge whenev,.r such service is necessary to prevent excessive accumula- tion of refuse. SECTION 14. COLLECTION- EMMENCY VEHICLE. Contractor agrees to have available between the hours of 8:00 a.m. and 3:00 p.m. an M emergency vehicle and other necessary equipment to take care of any complaints or emergencies which require immediate attention. SECTION 15. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to • furnish without additional or special charge trucks, labor and all other necessary equipment and personnel 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 tm (U).5) In addition to collecti. ❑.9g refuse as defined in the refuse ordinance, Contractor shall also ce§ia' furniture, large household appliances, automobile parts, scrap lumber, and other like items. SECTION 16. RECORD OF NON- COLLECTIONI. 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 ordinance or to the section of City or Contractor's Rule which has been biolated, and which gives grounds for his refusal. This information shall either be in writing or by means of a check system. SECTION 17. 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 collections 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 18. 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 customer shall be responsible for the repair and replacement of his own containers. ARTICLE IV CHARGES FOR COLLECTION SECTION 19. CHARGES. Contractor shall collect from the , occupant or owner of each residenti unit in the Southern Section such disposal fees as are established om time to time by resol- ution of the City Council. The initial schedule, established by City Resolution No. is attached ne o and by reference made a part hereof. Unless required to by feder or state law, or by judicial decision, Git_Z agrees that during the m of this Agreement it will not reduce dtspQsal fees below the leve established by said resolution. SECTION 20. EXCLUDED MATERIAL PICK -UP. Contractor may contraz:t with owners, residents and proprietors of residential property in the Contract Area to collect and dispose of excluded materials on such terms as may be mutually agreeable to Contractor and the customer concerned. gy SECTION 21. FRANCHISE FEE. Contractor shall pay to City, as hereinafter provided, as a franchise fee and as consideration for • entering into this Agreement, the following: A. A sum of money equal to five percent (58) 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 Agreement. 7C~4 B. On or before the tenth (Wh) day of each month Contractor shall pay over to City the City's percentage share of the gross receipts of Contractor collected during the previous calendar month. C. On or before the 6th 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 Contrac- tor. 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 statement 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 (3a) 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 (A) years thereafter, Contractor shall keep and maintain full, complete and proper books, records and accounts of all gross receipts. SECTION 22. 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 complying with each and all of the provisions of Section 1056 of the Code of Civil Procedure of the State of Calif- ornia, 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 to guarantee the faithful performance of the Contract during the term hereof. SECTION 23. 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 respon- sible 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 24. 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, equipment 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 certified public accountant to prepare same and make available for City Administrators' review but such records shall remain confidential. SECTION 25. 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 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 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 26. POLICE POWER. City reserves the right to deter- mine, 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 27. INTEGRATION. This Agreement, upon acceptance by o parties hereto, Con 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 28. 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 29: INVALIDITY• If any term or provision of this • Agrr_e:nent or application thereof is held invalid or unenforceable as to am: party, the balance of the Agreement shall not be affected 9f A/ 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 30. 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 municipal corporation By: RANCHO DISPOSAL, a California corporation By: Title: • ATTEST: By:_ Title: CITY CLERK (ATTACHED TO THIS AGREEMENT IS A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF CONTRACTOR APPROVING THIS AGREEMENT AND AUTHORIZING ITS EXECUTION ON BEHALF OF CONTRACTOR BY THE PERSONS WHOSE SIGNATURES APPEAR ABOVE.) 9 9--J. 0 • T MEMORANDUM July 21, 1980 TO: City Manager - City Council FROM: Building Official SUBJECT: Grading Review Ord nonce Since incorporation, grading "control" in the City has been inconsistent, inadequate and at best a conventional approach to a very uncommon problem. Location of the preponderance of the city on alluvial deposits having relative little cohesion and sloping completely from North to South has created condition's somewhat unique to Rancho Cucamonga. These factors along with indicated civic desires to retain, to the greatest extent possible, the natural features of the community, dictate an innovative approach to grading regulation. The attached ordinance represents the first of three steps toward establish- ment of grading regulations to provide the needed flexibility for retention of naturalness, yet not be so complex as to be exasperating in their app- lication. This first portion creates a Grading Committee for review of grading plans, sets guidelines for their review processes, and establishes procedures for adoption of grading standards. The second part will contain the technical aspects of the 1979 Uniform Building Code grading provisions and will be reviewed as a part of adoption of the new Code in the near future. The final phase of the tripartite approach will extend over a period of time with adoption of grading standards developed through the mechanisms set forth in the attached ordinance. This item has been reviewed by the City Attorney and planning Commission and has been revised to consider their inputs. It is recommenced that the City Council introduce the Ordinance and set the date of August 20, 1980 for hearing on this matter. .� i ORDINANCE NO, jig • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A GRADING COMMITTEE, PROVIDING FOR DEVELOPMENT OF GRADING STANDARDS AND ESTABLISHING POLICIES FOR REVIEW OF GRADING PLANS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: TITLE This ordinance shall be known and referred to as the Grading Review procedure of the City of Rancho Cucamonga. SECTION 2: SCOPE This ordinance establishes regulations for submittal and review of Conceptual grading plans in connection with proposed development, establishes a Grading Committee for review of grading plans, and provides for establishment of standards and guidelines to be utilized by the Grading Committee and other City agencies in review of such plans. SECTION 3: PURPOSE The purposes of this ordinance are: • (a) To minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. (b) To preserve significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from lots directly to a street, storm drain Othrough public or privately maintained easement, sa aypwwd iy tOr Grad"g GeuwMar. (c) To limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. (d) To encourage the use of a variety of housing styles, split -level grading techniques, varied lot sizes, site design densities, maintenance of views and arrangement and spacing to accomplish grading policies. SECTION 4: DEFINITIONS • For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section. (a) CONCEPTUAL GRADING PLAN. Grading plans conforming to the pro- visions of Section 5 of this Ordinance. (b) FINAL GRADING PLAN is a plan showing all detailed drainage information, grade elevations, building locations and floor elevations. (c) PRELIMINARY GRADING PLAN a plan showing building pad elevations, typical drainage methods to be utilized, and similar generalized information, usually excluding finish floor elevations, building locations, and specific drainage details. 94( Ordinance No. Page 2 SECTION 5: ESTABLISBFIENT OF GRADING COMMITTEE There is hereby established a Grading Committee, comprised of one representative from the Building Division, one representative from the Engineering Division, and one representative from the Planning Division. The Grading Committee shall: (a) review all grading plans submitted under Section 6 of this ordinance; (b) compile standards and guidelines relating to grading practices including, but not limited to, topography, drainage structures, slopes, irri- gation, planting, building pad differential heights, accessibility and such other features or functions necessary to accomplish the purposes of this ordinance. Such standards and guidelines shall be reviewed by the Planning Commission and approved by the City Council. When approved, the standards and guidelines shall be utilized in review of all grading plans submitted to city agencies for checking; and (c) act as an initial reviewing body in the event that practical difficulty or undue hardship is created as a result of application of the standards or guidelines, or in the event difference of opinion arises as to their application. The findings of the Grading Committee are final unless modified by the Planning Commission at a regularly scheduled site plan review hearing or through appeal, as set forth in Section 9 of this ordi ,when plans are not subject to review by the Planning Commission.�-�� SECTION 6: GRADING REVIEW PROCEDURES At the time of submittal of a Tentative Tract Map, Tentative Parcel Map, or Site Plan for Development Review, the applicant shall also submit the • following information: (a) A Natural Features Map which shall identify all slope banks, ridgelines, natural drainage courses, rock outcroppings, existing vegetation worthy of consideration for preservation. Also depicted shall be landslides and other existing geologic hazards. Each feature depicted shall be noted for its visual significance, environmental function, or both. (b) A Conceptual Grading Plan including information necessary to determine the proposed grading concepts, elevation of pads, and natural features to be preserved. The following specific information shall be depicted: 1. Areas to be left natural. 2. Areas of proposed cut and fill in contrasting colors, with areas where cut and fill exceed depths established in the hillside development guidelines clearly shown. 3. Contours shall be shown for existing natural land conditions and proposed work. The proposed final grades shall indicate clearly all cuts, fills, and slopes. Contours shall be shown according to the following schedule: Natural Slope Maximum Interval. Feet 2% or less 2 Over 2% d up to 9% 5 Over 9% 10 4. A conceptual drainage and flood control facilities describing planned drainage improvements. • 5. Conceptual landscape treatment plan depicting proposed erosion control measures. 9S Ordinance No. _ Page 3 6. General vicinity of the proposed site. 7. Property limits and accurate contours of existing ground and detail of terrain and area drainage. 8. Limiting dimensions, elevations, or finished contours to be achieved by the grading, and proposed drainage channels, retaining walls, and related construction shown by contour map, cross - sections, or other means. 9. Location of any existing buildings or structures on the property where the work is to be performed and the approxi- mate location and size of any building pads proposed on the land. Adjacent parcels within 50 feet of the property or which may be affected by the proposed grading shall also be shown. (c) A Geological and Soils Report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the preparation as submitted. (d) A Topographic Model, as determined necessary by the Director of Community Development for clarification of the proposed grading plan. The scale must be sufficient to delineate details. The submitted information shall be reviewed by the Grading Committee during pertinent review process. The Grading Committee shall not approve a conceptual grading plan unless it is found to conform with the policies, standards, and guidelines, established by or pursuant to this ordinance. The approved conceptual grading plan shall provide the basis for preliminary and /or final grading plan approval under other city regulations. SECTION 7 •The Community Development Director may waive any or all of the re- quirements of Section 6 of this Ordinance if he determines that any proposed waiver will have no significant effect upon topography, drainage, and /or natural features. SECTION 8 No Tentative Tract Map, Tentative Parcel Map, or Site Plan submitted for Development Review shall be approved until a conceptual grading plan has been approved or has been waived. SECTION 9 Any interested person may, within 14 days after a decision by the Grading Committee, appeal said decision in writing to the Planning Commission pursuant to appeal procedures outlined in the zoning ordinance. SECTION 10 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. 9(P Ordinance No. Page 4 PASSED, APPROVED, AND ADOPTED THIS DAY OF 1980. AYES: NOES: ABSENT: ATTEST: City Clerk Mayor 77 i1 lJ • • 0 • • CITY OF RANCHO Cl K AMONGA STAFF REPORT DATE: August 6, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Revision to Storm Drain Fee Ordinance No. 75 Attached for Council review is a letter from Mindrum Precision Products which points out a problem with the City's current storm drain fee Ordinance. Section 4 (c)(1) of the current Ordinance establishes a one acre minimum for any construction. Mr. Mindrum has pointed out that in cases where minor construc- tion is being completed on a developed property, the fee may be exccessive in relation to the amount of construction being completed. Otherwise desirable improvements are being discour- aged and potentially unsightly storage problems could proliferate. It is Staff's opinion that the City would be better served by deletion of the one acre minimum provision and allow the building official to determine the fee strictly on the interpretation of the developed area. RECOMMENDATION It is recommended that the Council adopt Ordinance 75�, deleting Section 4 (c)(1) from Ordinance No. 75. ( \JRReeesppectfully submitted, LBH:jaa Attachments a ORDINANCE NO. 75 -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF • RANCHO CUCAMONGA, AMENDING SECTION 4 (c) (1) OF ORDINANCE 75. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Amount of Fee. Section 4 of Ordinance No. 75 is hereby amended to read as follows: (a) The fee required to be paid by this Ordinance is $25.00 per 1 /100th of an acre or fraction thereof. (b) Except as otherwise provided in this Ordinance the fee shall be based on the area of the entire parcel with respect to which the building permit is issued. (c) If the parcel with respect to which the building permit is issued is larger than one acre, the fee shall be based on.the- greaser oer (1) The area of the developed portion of the parcel. As used in this Ordinance, the phrase "area of the developed portion of the parcel" means the area of that portion of the parcel lying within a • single rectangle which encloses all improvements, landscaped areas, storage areas, parking areas, required access and required setback lines. (2) Notwithstanding the provisions of Section 4(c) of this Ordinance, the fee shall not be based upon that portion of they area of the developed portion of the parcel which was developed prior to the effective date of this Ordinance and which was developed prior to the effective date of this Ordinance and which remains unchanged, provided, however, that this exception shall not apply once the total area of additions to structures, or new structures, constructed after the effective date of this Ordinance, exceeds fifty percent (50 %) of the area of the structures on the parcel which existed on the effective date of this Ordinance. (d) The amount of the fee and the area for which the fee shall be considered paid shall be determined by the building official. 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: W Ordinance No. 75 Page 2 Phillip D. Schlosser, Mayor • ATTEST: Lauren M. Wasserman, City Clerk I, LAUREN M. WASSERMAN, City Clerk of the City of Rancho Cucamonga hereby certify the foregoing instrument to be a full, true, and correct copy of the original now on file in my office. DATE: LAUREN M. WASSERMAN CITY CLERK BY: Beverly A. Authelet, Deputy Sao • • OF A DRAINAGE PLAN AND THE ESTARLISN)IENT OF DRAINAGE FECS IN CONNECTION THEREWITH. The City Council of the City of Rancho Cucamonga, California, _ d,,os ordain as follows: • SECTION 1: Statement of Intent and Purpose. The City of Rancho Cucamonga is seriously affected by surface and storm waters and the continual subdivision and development of property within the City has placed a serious demand on existing facilities which handle surface and storm waters. In order to plan and develop drainage facilities for the removal of surface and storm waters and to provide an equitable manner for the apportionment of the cost of the development of such facilities, the City Council does determine that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of the facilities described in the drainage plan. SECTION 2: Drainage Plan and Local Area The comprehensive storm drain plans numbers 1 and 2, the index thereto and the appropriate plan sheets for the area lying within the City Limits of the City of Rancho Cucamonga, together with construction costs and other related material, which comprehensive storm drain plans were prepared by the San Bernardino County Flood Control District, are herebv found and declared to be the drainage plan for the City of Rancho Cucamonga. For the purposes of this Ordinance, planned drainage facilities shall mean drainage contained within the drainage plan. The City Council finds that drainage problems are approximately of equal magnitude in all areas of the City, and declares that for the purposes of this Ordinance, • all areas of the City shall constitute one local drainage area. SECTION 7: Payment of Fees. (a) As a condition of approval of a final map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a building permit, the City shall require the payment of a fee as is hereafter provided for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from the local drainage area. The City Council finds that development of property within the local drainage area will require construction bf the facilities described in the drainage plan, and that the fees are fairly apportioned on the basis of benefits conferred on the property in the local drainage area and on the need for such facilities created by the proposed division or development of property In the local drainage area. The City Council further finds that the fee as to any property does not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities pursuant to the drainage plan which would be assessable on any parcel of property if such costs were apportioned on a per acre basis. (b) Fees required to be paid by this Ordinance shall be paid at the time of issuance of a building permit. SECTION 4; Amount of Fee. (a) The fee required to be paid by this Ordinance is $25.00 per 1 /100th of an acre or fraction thereof. (b) Except ns otherwise provided in this Ordinance the fee shall be based on the area of the entire parcel with respect to which tho huilding permit is issued. / O� (1)(=4 The area of the deve Loped portion of the parcel. As us cd in this Ordinance, the phrase "area of the developed portion of the pn reoL'• „,o:ms the area of that portion of the parcel hying within a single roctnuylo which encloses all improvements, landscaped 'areas, •storage .Ir..•as, parking areas, required access and required setback lioes. (2) -( -34 Notwithstanding the provisions of Section 4(c) (2) PC this Ordinance, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was developed prior to the effective date of this Ordinance and which remains unchanged, provided, however, that this exception shall not apply once the total area of additions to structures, or new structures, constructed after the effective dare of this Ordinance, exceeds fifty percent (507) of the area of the structures on the parcel which existed on the effective date of this Ordinance. (d) The amount of the fee and the area for which the fee shall be considered paid shall be determined by the building official. SECTION 5: Deposit and Utilization of Fee. The fee required to be paid by this Ordinance shall be deposited in a "planned drainage facilities fund" and shall be expended solely for the construction of reimbursement for the construction of drainage facilities pursuant to the drainage plan or to reimburse the City ofr ' the costs of engineering planning and administrative services to establish, design and construct the plan and facilities up to twenty —five percent (25n). Initial funds collected may be utilized for specific planning • and engineering studies as designated by resolution of the City Council. SECTION 6: Execeptions. Drainage fees shall not be required as a condition of the issuance of a building permit for: (a) Alterations; (b) reconstruction; (c) an addition to a single family residence when the addition does not exceed 650 square feet in area; (d) construction of garages, carports, storage buildings, patio covers, swimming pools, spas, and similar structures, accessory to a single, family residence. SECTION 7: Single Drainage Fee payment No portion of a parcel shall he subject to payment of a drainage foe morn than once. If a drainage fee has been previously paid with respect to a parcel, or portion thereof, credit shall be given for such prior payment, and a proper apportionment shall be made, toward any fee pn;:mcnl required by this Ordinance. `_'C':_,•I 4: Construction by Dave7oper and Heinbnreena "t. Whrnv ver the construction of planned drainage facilities is �nvicessn n' tar rho proper drainage of a suhdivision, the f.ity "lav require _the vIbdivider to construct such facilities with credit being given by the City coward :uly fee payment required by this Ordinance. If the cost of such "le" rue ti on exceeds rho fee which would otherwise be payable with rcpllEct to ille Subdivision, the City Council may, at its discretion, enter into a reimbursement agreement with the developer. In the event a /0-2. • n' v flii1r COment agreement is entered Into, reimbursement shall be made only ol'cor the fee required by this Ordinance is collected in connection with a Subdivision or development on other property in the area encompassed .Tc the rvimhursument boundaries described in Cite reimbursement agreement. ho basis of reimbursement shall be the developer's actual cost of cnnvtruction of the planned drainage facilities. The term of a reimbur.ement .egreomenl shall not exceed con (10) years. SECTION 9: Severahilitv. If any section, sub - section, sub - division, paragraph, sentence, claues, or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affocc the validity of the remaining sections or portions of this Ordinance or any partThereof. The City Council hereby declares that it would have passed each section, sub - section, sub - division, paragraph, sentence, c Louse or phrase of this Ordinance irrespecitve of the fact that any one or more section, sub - sections, sub - divisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 10: The Mayor shall sign this Odinance 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 Dally 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 18th day of April, 1979. • AYES: Mikels, Palombo, West, Frost NOES: None ABSENT: Schlosser 4 4ayor ATTEST: City Clerk 03 40 1MITN D STREET i, 7/11 July 24, 1980 • PRECISION PRODUCTS RANCHO CUCAMONGA. CALIFORNIA 91730 PHONE: I]IAI 999.1]39 A i '•'r. Jack Lam _ Director of Community Development . .\1 Rancho Cucamonga, CP, 91730 Subject: Drainage fee assessment on small attached storage structures. 1 Reference: City Ordinance i;o, 75 Dear Jack: The attached plans were recently submitted to the city planning department for plan check and fee assessment. The fee assessments for these plans are as follows: Permit Fee $56.50 Plan Check Fee 42,38 Systems Fee 58.40 Drainage Fee 2500.00 The total of all the fees amount to ,12656.28 or approx- inatelp 354 of the estimated building cost. The planned cement block structure will occupy two pre- sently paved parking spaces. It's intended use is to house the factory air compressor and to store oil drums, solvent drums and assorted acid containers currently stored inside the main factory structure. Our goal is to improve fire and health safety considerations. '. :hile it is well recognized that the city must have funds to properly function, it is my opinion that • the proscnt interpretation of Ordinance No. 75 re- garding drainage fees is somewhat similar to an ice cre--m vendor sellin; :;70.00 ice cream cones. Not too many will be sold. • CLECr RGN1C GLASS - QUARTZ AND CERAMICS... I toy Subject: Drainage Fee assessment or, small attached storage structures. (Cont.) . Reference; City Ordinance No. 75 It is my belief that the current drainage fee will tend to deter desirable and esthetically acceptable external additions and modifications to existing buildings through- out the city. Building-owners or their tenants will very likely choose less costly, less desirable and possibly unsightly alternatives for outside storage requirements. Our city is entering a period of very rapid growth in industrial, commercial and residential areas. It is my belief that everyone will agree that we need to control dra . irage as we convert open land to asphalt and con- crete. Horaever, in order to control the anticipated gro -Ah, develop a drainage system and maintain a favor- able workin; relationship betereen City Hall and its constituency I firmly believe a more equitable fee must be established for the small (less than one acre) building projects. Very truly yours, ui ... ,andrurn, rresident 7'indrum :recision :roducts ::.:; :Idmr - nelosure • /040 U • 10 —,TV 11-n., wv9 vl 1 9VI nV \1YA RAFF REPORT DATE: August 6, 1980 TO: City Manager and City Council FROM: Jack Lam, Director of Community Development BY: Barry K. Hogan, City Planner SUBJECT: ZONING ORDINANCE AMENDMENT NO. 80 -01 AND ENVIRONMENTAL ASSESSMENT - Condominium Conversion Ordinance - The development of a Condominium Conversion Ordinance to permit the conversion of apartments into ownership housing. ABSTRACT: As the City Council will recall, late last year the issue of Condominium Conversions arose. Staff suggested a work program for the development of a Condominium Conversion Ordinance and a possible moratorium on the conversion of apartments into condominiums. At that time both the Planning Commission and City Council felt that there was no need to adopt a moratorium for the conversion of apartments into condominiums, but an ordinance should be prepared. Since that time staff has worked with a committee composed of representatives of the Building Industry Association, the Chamber of Commerce, and area developers to come up with an acceptable Condominium Conversion Ordinance. This item was before the Planning Commission on March 26, 1980, April 30, 1980, May 14, 1980, and June 25, 1980. Each time the issue came before the Planning Commission, there were additional changes and revisions made to the Ordinance until its present farm (attached). At the June 25, 1980 meeting of the Planning Commission Zoning Ordinance Amendment No. 80 -01 was recommended to the City Council for adoption. DISCUSSION: The attached ordinance regulates the conversion of apartments into ownership housing, primarily condominiums. It seeks to bring existing apartments into line with current City Standards regarding landscaping, parking, and building code requirements. While on the surface there may be some requirements mentioned within the ordinance that seem stringent, there is an exemption section which allows the Planning Commission to waive certain requirements when they are impracticable, unfeasible or unnecessary. The Ordinance attached is the revised Ordinance that was presented to the Planning Commission after review by the Planning Commission /sub - committee. You will note that there are dashed lines through the sections that the Committee suggested be eliminated. "ANNUAL LIMIT" We wish to draw your attention to section 6 of the Ordinance on Page 13. The Ordinance proposed that there be an Annual Limit on the conversion of apartments into ownership housing. It allows the City the ability to approve the conversion of no more than ', the number of multiple family dwelling units added to the City's housing stock, during the preceeding year, in any one calendar year. Additionally, it also sets forth a sunset clause, expiring Section 6A, 5 years after effective date of the Ordinance. /06 August 6, 1980 Page 2 For a one -time only basis the Ordinance established 264 dwelling units as the number of units available for conversion in 1980. This number was arrived at by adding the number of dwelling units available for conversion • on Sunscape I by Lewis Homes, and on Creekside by C&L Developers. RECOMMENDATION: If the City Council concurs with the recommended ordinance by the Planning Commission, a motion should be made to approve the attached Ordinance. Res P t' vel�5ub fitted, � v Jack Lam, Director of Community Development Attachments: Proposed Ordinance Resolution of Approval by the Planning Commission JL:kp • /67 ORDINANCE NO. 119 /� • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: PURPOSES: A. The City Council finds and determines that the conversions of apartments to community apartments, stock cooperatives and condominiums affect the public health, safety, and welfare; and that such projects, which are subject to the subdivision regulations of the State of California, should be regulated by local ordinance. The City Council determines a need to regulate the conversions of existing buildings to community apartments, • stock cooperatives and condominiums so as to: n 1. Encourage a balanced supply of rental and ownership housing in the community and a variety of choices of tenure, type, price, and location of housing. 2. Maintain and encourage the supply of affordable housing, both ownership and rental, for low -and- moderate income persons and families; and 3. Promote the residential stability and quality of the community by developing neighborhood identity, discouraging displacement of residents, and facili- tating affordable home ownership opportunities and rental ownership opportunities for the community. /O$ 2 The City Council, therefore, states its express intent to set such standards and regulations necessary to insure that apartments and like • structures being converted will be in the best interest of the community. SECTION 2: DEFINITIONS The words and terms used in this Chapter shall have the following meaning unless the context clearly indicates otherwise: A. Community Apartment: Community Apartment as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy, B. Condominiums: Condominiums as defined in Section 1350 of the Civil Code: "An estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space." C. Conversion: The process or act of subdivision, in-accordance with the Subdivision Map Act, of existing rental dwelling units into condominiums, community apartments or stock cooperatives. D. Pest Report: An inspection and written report conforming to the requirements of Section 8516 of the Business and Professions Code of the State of California including documentation of conditions ordinarily subject to attach by wood destroying pests and organisms. • /409 E. Project: Project means a condominium, community apart- n • ment, and stock cooperative. F. Stock Cooperative: Stock cooperative as defined in Section 11003.2 of the Business and Professions Code: property consisting of dwelling units owned by a corporation whereby shareholders receive a right of exclusive occupancy in a portion of the real property owned by the corporation. SECTION 3: APPLICATION INFORMATION REQUIRED No Tentative Map for the purpose of conversion will be accepted for filing unless it is accompanied by an application which in addition to the information required by the Subdivision Map Act and the Subdivision Ordinance, contains all of the following information I, and documentation: A. Specific Requirements: 1. The applicant's projected percentage of the existing number of tenants needed to buy their dwelling unit in order to make the conversion project economically feasible. 2. Estimated market value of each unit; Ito 4 3. Terms of proposed assistance, discount, or other financing program to be offered, if any, to present • residents for the purpose of subsequent unit purchase; 4. Proposed program of relocation assistance to be offered by the applicant, if any; 5. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies; 6. Proposed Homeowner's Association fee; 7. Names and addresses of all tenants. When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community Development Department. 8. The subdivider shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of said notice is not submitted. 9. A report of field test by a qualified independent testing agency as specified in the Uniform Building Code showing that the wall separation and the floor and ceiling separation between units shall provide the same airborne sound insulation as required by 5 the most current Uniform Building Code requirements adopted by the City. If the report shows that these standards are not met then the applicant shall • indicate that he will complete improvements necessary to meet these requirements prior to any sale of said converted apartments. In cases where units are occupied by tenants, who have initiated a contract for the purchase of the units, the improvements for such soundproofing shall be complete prior to the sale of the unoccupied units. 10. A copy of the proposed declaration of covenants, conditions and restrictions which will apply and which shall include an agreement for common area maintenance, including facilities and landscaping, together with an estimate of the initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit. 11. A physical elements reports which shall include but not be limited to: (a) A report detailing the condition and estimating the remaining useful life of each element of 1/^ 6 (b) A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Profession> Code. (c) A building history report including the following: (1) The date of construction of all elements of the project; (2) A statement of the major uses of said pro- ject since construction; 113 the project proposed for conversion: Roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air- conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. (b) A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Profession> Code. (c) A building history report including the following: (1) The date of construction of all elements of the project; (2) A statement of the major uses of said pro- ject since construction; 113 7 (3) The date and description of each major repair or renovation of any structure or n structural element since the date of con- is struction. For the purposes of this sub- section a "major repair" shall mean any repair for which an expenditure of more than $1,000 was made; (4) Statement regarding current ownership of all improvements and underlying land; (5) Failure to provide information required by subsections (1) through (4), inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why said information cannot be obtained. 12. Evidence that a notice of intent to convert shall be delivered to each existing tenant's dwelling unit. The form of the notice shall be as approved by the Community Development Department and shall contain not less than the following: (a) Name and address of current owner; (b) Name and address of the proposed subdivider; W 1/Y r, • a (c) Approximate date on which the tentative map is proposed to be filed; (d) Approximate date on which the final map or parcel map is to be filed; (e) Approximate date on which the unit is to be vacated by nonpurchasing tenants; (f) Tenant's right to purchase; (g) Tenant's right of notification to vacate; (h) Tenant's right of termination of lease; (i) Provision for special cases; and (j) Provision of moving expenses. (k) Tenant's Right to Purchase. As provided in Government Code Section 66427.1(b) any present tentant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least sixty (60) days from the date of issuance of the Subdivision Public Report or commence- ment of sales, whichever date is later. (1) Vacation of Units, Each non - purchasing tenant, not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than one hundred // 5� eighty (180) days from the date of receipt of 9 notification from the owner of his intent to convert, or from the filing date of the Final n Subdivision Map, whichever date is later, to • find substitute housing and to relocate. (m) Other information as may be deemed necessary by the Community Development Department. 13. Other information which, in the opinion of the Director of Community Development, will assist in determining whether the proposed project is con- sistent with this chapter. SECTION 4: PROPERTY DEVELOPMENT STANDARDS A. General Requirements: No Final Map for the purposes of condominium conversion will be accepted for filing unless the following requirements, which shall be conditions of approval of the tentative map are approved: 1. Each dwelling unit shall conform to current noise and energy insulation standards required by the latest adopted Uniform Building Code or other applicable law or regulation. 2. Each unit shall have installed smoke detectors as required by the latest adopted edition of the Uniform Building Code. 3. For each unit there shall be provided a minimum of /1& two covered, on -site parking spaces per unit in a to garage or carport, plus 20% of the total spaces provided for guest parking. 4. Each dwelling unit shall be separately metered for gas, electricity and water unless, the City approves a plan for equitable sharing of communal metering. 5. Each unit shall be provided with separate water shut -off valves 6. Each area for trash placement and pickup shall be adequately designated and all refuse shall be removed on a regularly scheduled basis from the premises. • 7. Permanent mechanical equipment which the Building Official determines is a potential source of vibra- tion or noise shall be shock mounted or isolated, or otherwise mounted in a manner approved by the Building Official to lessen the transmission of vibration and noise. 8. Illuminated addresses, and if found necessary by the Planning Commission, directory maps, for all units shall be prominently displayed from appropriate public or private access within or adjacent to the project. _ 9. At least 125 cubic feet of enclosed, weatherproof, • lockable storage space is to be provided for each ir7 11 unit. This storage space shall be in addition to that ordinarily contained within each unit. it may be either within or exterior to, but shall bear a • reasonable locational relationship to each unit. 10. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. 11. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air - conditioners that are provided are in working condi- tion as of the close of escrow. At such time as the Homeowner's Association takes over management of the development, the applicant shall provide written certification to the Association that any pool and Pool equipment and any appliances and mechanical equipment to be owned in common by the Association is in working condition. B. APPLICATION REQUIREMENTS The applicant shall provide the City with a tentative subdivision map in N /I8 12 conformance with the State Subdivision Map Act and local ordinance and a development plan of the project including, but not limited to: • 1. dimensions and location of each building or unit, and the location of all fences or walls. 2. building elevations indicating the type of construction material existing and proposed; 3. Typical floor plans of existing units with square footages of each room indicated and the number of units per plan; 4. location of common area and amenities existing or proposed; 5. location and dimensions of parking garage, carport, parking area, access -ways, and any other on -site area reserved for vehicular use; 6. location of areas for exterior storage space for individual occupants; 7. landscape plan per City standards which specifies proposed trees, shrubs, plants, and ground cover, and indicates exist- ing landscape massing. Species, quantity, and sizes shall be indicated for proposed landscaping only. !19 13 B. Any other information that the Director of Community Development deems necessary to determine whether the proposed project is • consistent with this chapter. SECTION 5: EXEMPTIONS In the event that any of the Property Development Standards required for the Conversion causes practical difficulties, are determined to be unnecessary or would result in excessive costs, the Planning - Commission may waive, reduce or modify the requirement. Waivers shall only be made for parking, laundry facilities, storage provisions for individual units, and noise and energy requirements. SECTION 6: CONVERSION LIMIT PROCEDURE IN A. Annual Limit. The City shall approve the conversion of no more than one -half (!'s) the number of multi - family rental dwellings added to the City's housing stock (i.e. dwelling units completed and ready for occupancy) during the preceding year, in any one calendar year. The number of multi - family rental units added in one year shall be determined as follows: from January 1 through December 31, the total number of multi - family rental units given a final building in- spection and occupancy permit minus the number of such units demolished, removed from the City, or converted to non- residential use. /170 f • 14 If approval for a project expires prior to recordation of the Final Tract Map for that project, the number of dwelling units provided in the expired project shall be added to the allocation. in the calendar year of expiration. For a one -time only basis, this ordinance shall establish "uij dwelling units available for conversion in 1980. B. Time Limit. Any multi - family rental unit constructed after the effective date of this ordinance shall be allowed to convert to condominiums subject to the pro- visions of this ordinance, five years from the date of the final occupancy of the project. SECTION 7: ACTION BY PLANNING COMMISSION A. The City shall make the following findings in addition to the findings otherwise required for a Tentative Tract Map in order to approve a Tentative Tract Map for the purpose of conversion: 1. the proposal is compatible with the objectives, policies, elements and programs specified in the General Plan and any applicable specific plan. 2, the design or improvement of the project is con- sistent with applicable, general and specific plans. 121 3. the proposal is consistent with the purposes of this 15 chapter. 4. the proposal promotes with the health, safety and • welfare of the residents of the City. The action of the Planning Commission is final unless appealed in writing to the City Council within fifteen (15) calendar days. SECTION 8: 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 2ai1V Report, a news- paper 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 B. Wasserman, City Clerk James C. Frost, Mayor 12a is • • r7 U DATE: TO: FROM: SUBJECT: CITY OF RAN KM CUCAMIXVCA STAFF REPORT August 6, 1980 City Council and City Manager Lloyd B. Hubbs, City Engineer Acquisition of Street Sweeper ��o Ct�cn,HgNC7 � r LL F V Z U > 1977 On July 23, 1980 bids were received for a vacuum street sweeper to be acquired for use in the City's street maintenance program. The Crook Company was low bidder at $70,725.00 with an Elgin Whirlwind II sweeper. The Haaker Equipment Company second at $71,292.42 with the Ecolotec Vacu -sweep Series 400. Both pieces of equipment would appear to be nearly equivalent in capabilities and dependability. Staff has identified two significant areas of difference: (1) the Ecolotec machine in the past has experienced maintenance problems with the drive mechanism for the blower unit. One City has re- placed three centrifugal clutches at $800 each, three drive shafts at $600 each and two transfer cases at $2,000 each. The salesman for Ecolotec has admitted this problem but assures us that it has been repaired in the new series and will guarantee operation. Staff is somewhat sensitive to a piece of equipment with no track record. (2) the Elgin sweeper has a larger volumetric capacity in its hopper allowing a longer sweeping time, a larger blower and intake lead and a wider sweeping width. It is staff's opinion that because both machines are very close in quality and dependability, there is no reason to award to other than the low bidder. Included in the bid package for each bid was a routine maintenance program with provisions for the estimated monthly charge for ser- vices. This information was identified with the sentence "The dealer will fill in the attached form which will be used to eval- uate maintenance charge ". Each bidder reviewed and approved the specification prior to bidding and expressed no questions on this matter. Currently, the Ecolotec representative is contending that his bid includes the first year of maintenance amounting to $600. No where in the bid proposal is this specified and we have no way of validating this claim. Because Haaker Equipment did not com- plete the maintenance questionnaire, there is no way to compare maintenance service cost. Maintenance is therefore not considered in the award of the contract. /;a3 Acquisition of Street Sweeper August 6, 1980 Page 2 0 It is recommended that the Council award the street sweeper contract to Crook Company the lowest responsible bidder at the price of $70,725.00. Respectfully submitted, LBH: j as • • /'ay • RANCHO CUCAMONGA, CALIFORNIA L • PROPOSAL FOR VACUUM STREET SWEEPER RIDS MUST BE SUBMITTED BY 2:00 Y.M., July 23, 1980 iar ENGINEERING DIVISION CITY OF RANCHO CUCAMONGA , 9340 BASE LINE, SUITE B RANCHO CUCAMONGA, CALIFORNIA 91701 CITY OF RANCHO CUCAMONGA BIDDERS NOTICE THE CITY OF RANCHO CUCAMONGA WILL RECEIVED BIDS FOR THE PURCHASE OF ONE (1) VACUUM STREET SWEEPER IN ACCORDANCE WITH SPECIFICATIONS CALLED OUT BY THE CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION. BIDS MUST BE RECEIVED BY 2:00 P.M. ON July 23, 1980 BIDS WILL BE OPEN AT 2:00 P.M. ON THIS DATE. COPIES OF SPECIFICATION MAY BE OBTAINED FROM ENGINEERING DIVISION, 9340 BASE LINE, RANCHO CUCAMONGA, CALIFORNIA 91701. BIDS MUST BE SUBMITTED ON CITY OF RANCHO CUCAMONGA BID FORMS AND PLACED IN A SEALED ENVELOPE AND ADDRESSED: CITY ENGINEER, CITY OF RANCHO CUCAMONGA, POST OFFICE BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730 AND MARKED CLEARLY "BID FOR ONE (1) VACUUM STREET SWEEPER " THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESERVES THE RIGHT TO REJECT ANY AND /OR ALL BIDS SUBMITTED. PUBLISHED: July 7 and 14, 1980 /A • l J • • 0 Department of Engineering P. 0. Box 807 9340 Base Line, Suite B Rancho Cucamonga, California 91730 Bids must be received by 2:00 p.m. and will be opened at that time, on June 23, 1980 City Council City of Rancho Cucamonga Rancho Cucamonga, California 91730 Honorable Council: In accordance with the established specifications, the undersigned bidder agrees to provide the City of Rancho Cucamonga with VACUUM STREET SWEEPER at the following price, including sales tax. Bid price to be exclusive of Federal Excise Tax. ECOLOTEC, INC. VACU -SWEEP Series 400 ITEM (MAKE AND MODEL) HAAKER EQUIPMENT COMPANY Company Name 3505 Pomona Boulevard .Address Pomona, California 91768 City and State John A. Hacker President Title )a7 71,292.42 TERMS: NET 10 days. BIDDER'S STATEMENT • The bidder hereby agrees to provide the equipment and /or material described in the specifications within 90 calendar days from award of bid. The bidder also agrees to extend price protection for the bid for a period of 45 days. The bidder further agrees that price escalations beyond the period of price protection shall be borne by the City at manufacturer's invoice cost. The City hereby agrees to make payment at bidder's cost for all government mandated equipment requirements enacted after the award of bids which affect the bidder's ability to supply the specified equip- • ment. c Signed Joh A. Haaker, President Notary ,�(�� =0:] PFi1CIAl SCAI CAI?OLE A. SIdITH 9oiprtr rUCCG Cnu.CpNq YpI�YCIM I, C[IIf,E RI 105pHL[1E5C001IrY mmuslop EEDlres Morch 7p, IgBO �a8 CITY OF RANCHO CUCAMONGA SPECIFICATIONS FOR VACUUM STREET SWEEPER • GENEM: The sweeper to be furnished herein shall be a vacuum pickup, four wheel truck type with dual rear tires, self - propelled and of the latest model and design. Any additions, deletions, or variations from the following specifications must be noted. All items appearing as standard in manufacturers published specifica- tions are considered to be included in this proposal. Specifications also require that the bidder furnish descriptive literature, complete specifications, and all other necessary data on the equipment he proposes to furnish. NOTE: Bidder shall complete right -hand column, indicating specific size and /or make and model of all components. State "as specified" if the item is exactly as shown in left -hand column. MINIMUM SPECIFICATIONS 1. CHASSIS ENGINE Heavy -duty industrial V -8 Diesel 175 net H.P. @ 2,800 RPM 636 cubic -inch displacement 376 ft. lbs. torque @ 1,400 RPM Dry -type air cleaner • Full -flow oil filter Anti- freeze 50 -50 mixture r 1 U 2. TR.INSMISSION EXCEPTION AS SPECIFIED AS SPECIFIED Allison heavy -duty automatic truck type AT540 — '- Four forward speeds - one reverse speed Two -speed rear axle w /electric shift Speed 55 MPH minimum 3. SERVICE BRAKES AS SPECIFIED Full air S -CAM type 7.25 cu. ft. air compressor Front 15" x 4" - rear 16.5" x 7" 4. PARKING EMERGENCY BRAKES AS SPECIFIED Piggyback type Spring applied - air released Two- compartment cylinder mounted on service brakes iay SPECIFICATIONS - VACUUM STREET SWEEPER Page 2 EXCEPTION 5. CAB AS SPECIFIED • Cab over engine, 84" Wide, all steel Hydraulic assisted tilting Naugahyde adjustable foam seats, ilght E. left Bight hand drive Dual 2 speed electric Windshield wipers 6 washers Full illuminated instrument panel, (Ammeter, •oil pressure, water temperature 6 fuel gauges, hour meter for chassis engine) Fresh air heater 6 defroster Padded sun visors and arm rests, both sides Dual westcoast 16 x 7 mirrors with proximity spots Grab handles Ash tray 6 cigar lighter Speedometer and Odometer Air Conditioning - Rysor 20,000 BTU 6. FUEL SYSTEM AS SPECIFIED Diesel tank - adequate to operate both engines for eight hour day• Fuel pump for each engine Fuel filter 7. STEERING AS SPECIFIED • Right hand drive Heavy -duty hydraulic power 20" steering wheel _ Turning radius not more than 24' 8. TIRES AS SPECIFIED Seven, 10:00 x 20F front and dual rear 12 PLY Disc -type wheels 6 total on vehicle, one spare provided not mounted 9. CHASSIS IIIC CO- 1850 -B 130 AS SPECIFIED Cl SPECIFICATIONS - VACUUM STREET SWEEPER Page 3 • MINIMUM SPECIFICATIONS EXCEPTION 10. ELECTRICAL AND LIGHTING AS SPECIFIED Alternator(s) and battery(s) per manufacturer's specification Sealed multiple beam headlights with dimmer Two (2) combinations stop, tail, back -up'. lights Dome light - clearance lights; identification lights and license plate light as per D.O.T.• requirements Directional signals with hazard switch. 11. AXLES AND SPRINGS AS SPECIFIED Front axle 9,000 Q min. w /12,000 springs Rear axle 18,500 0 minimum capacity two -speed Springs 18,500 0 capacity. With 4,000 b auxiliary springs if required. Rear axle ratio: 7.17 high 9.77 low 12. ACCESSORIES AS SPECIFIED • Hot water heater - dual defrosters Front and rear bumpers Front and rear license plate bracket Reflectors per D.O.T. 12' b" hydrant fill hose with coupling 25' wash -down hose with nozzle Strobe beacon flasher front and rear — "- Water tank level indicator Water tank fill hose pre- filter Back -up alarm Two hooks Flasher light protector n LJ 13. SWEEPER ENGINE AS SPECIFIED Heavy -duty industrial 4 -cyl diesel Full flow oil filter Fuel pump and filter High Temp., low oil pressure safety shutdown system 13/ SPECIFICATIONS - VACUUM STREET SWEEPER Page 4 14. SWEEPER ENGINE INSTRUMENTS Tachometer Engine hour meter Throttle with safety stop Air pressure gauge if required 15. SWEEPER BODY Welded steel plate Dumping to 500 by 2 stage hydraulic cylinder operated by chassis engine. Rear door to be hydraulically operated by chassis engine. Full hopper indicator mounted on dashboard Hopper inspection door in tailgate Safety prop for service Replaceable wear plates of rubber or AR steel at air inlet EXCEPTION AS SPECIFIED AS SPECIFIED 16. BLOWER AS SPECIFIED Drive - direct 6 V -belt or sealed gear box Construction of blower fins - abrasion resistant steel 17. SWEEPER AIR SYSTEM 7.25 C.F.M. air compressor Electric pneumatic valves actuated from operator's position to position vacuum nozzle, raise and lower side broom 18. VACUUM HOSE Flexible rubber, steel. reinforced 19. CUTTERBROOM Quick detach, aluminum or wood filled with minimum 22" oil tempered wire. Hydraulically driven Up and down pressure controlled from cab Cutterbroom to be shock mounted and free floating to follow curb Raised and lowered from cab. AS SPECIFIED AS SPECIFIED AS SPECIFIED 13.0X • • \J SPECIFICATIONS - VACUUM STREET SWEEPER Page 5 • MINIMUM SPECIFICATIONS EXCEPTION 20. EXTENSION BROOM or WIDESWEEP BROOM AS SPECIFIED Pre -fab disposable filled with polypropylene or steel Hydraulically - driven constant speed Raised and lowered by air cylinder 21. VACUUM NOZZLE AS SPECIFIED Raised and lowered from cab Abrasion resistant steel or rubber lined for added life Facility to open nozzle from inside cab to accept large objects shall be supplied Automatic retract when sweeper reversed for Vacuum Nozzle and both brooms 22. SWEEPER HYDP.AULIC SYSTEM AS SPECIFIED Minimum 7 G.P.M. at governed RPM Controls - in cab 23. WATER SYSTEM AS SPECIFIED Minimum 270 gallon water tank with strainer and relief valve Centrifugal or diaphram type pump Water inlets in vacuum nozzle with anti -clog valve Two (2) spray nozzles at side broom Minimum four (4) at extension / widesweep broom Water controls for each nozzle set in cab 24. SWEEPING, SWATH AS SPECIFIED Vacuum nozzle only - 30 " Vacuum nozzle and Side broom - 40 Vacuum nozzle and extension Widesweep Broom - 7 Vacuum nozzle, side broom, and extension /Wideweep - 80 25, WANDERLEAD (Catch basin cleaning hose) AS SPECIFIED Hose extensions with quick disconnects adequate to clean an 8 foot deep catch basin shall be supplied and mounted conveniently on the vehicle. 26. PAINT -- AS SPECIFIED •Undercarriage, and sweeping gear to be painted black. Sweeper body and Chassis cab to be painted WHITE )33 SPECIFICATIONS - VACUUM STREET SWEEPER Page 6 MINIMUM SPECIFICATIONS EXCEPTION • 27. SERVICE AND WARRANTY PLEASE SEE ATTACHED SERVICE AGREEMENT. The vendor shall furnish a standard manufacturer's (12 months) service and warranty policy and shall pay any costs of inspection and adjustment that may be necessary in accordance with the warranty. Because the maintenance of this equipment in good operational condition without protracted time -out for repairs _.is very important, it is essential that repair parts and service be adequate and readily available. State location of bidder's service and repair parts facility and duration and type of warranty on chassis and sweeping unit. 28. SERVICE MANUALS AS SPECIFIED The vendor shall furnish parts manual, technical maintenance manual and operating manual with instructions on sweeper at time of delivery. 29. DELIVERY AS SPECIFIED Sweeper to be bid F,O,B. destination and shall be • installed by a qualified serviceman. Each unit _ is to be delivered in first class operating con- dition with acceptance subject to purchaser's inspection and approval. 30. DELIVER TO: AS SPECIFIED Engineering Division CiLy of Rancho Cucamonga 9340 Base Line, Unit B Rancho Cucamonga, California 91701 714- 989 -1851 31. DELIVERY DATE: Complete unit shall be delivered within 90 days after receipt of our purchase order. 32. COMPLIANCE AS SPECIFIED Deviation from the minimum specifications is to be indicated with specifications of alternate proposal. The bidder proposed to furnish equipment in accordance with these specifications unless indicated specifically otherwise. Failure to sully complete information called for on this bid form • may render bid as non -responsive. /sy i July 17, 1980 HAAKER EQUIPMENT COMPANY 1505 POMONA eOULEVARe POM ON A, CALIFORNIA 91766 7141596.2906, 2707. 2706 City Council City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Subject: Bid - Vacuum Street Sweeper Honorable Council, We are pleased to respond to your request for bids by offering to furnish the City of Rancho Cucamonga with the most modern and efficient vacuum sweeper on the market today - VACU -SWEEP by ECOLOTEC, INC. The NEW VACU -SWEEP 400 Series Sweeper is the ultimate in vacuum sweeping technology. The VACU -SWEEP incorporates the design features of one of the • WORLDS major manufacturers of vacuum sweepers with over 7,000 machines sold throughout the world since 1959. No other sweeping vehicle in the world today has the history of success, acceptance, superiority, and versatility that the VACU -SWEEP has established in the past decade. It was the first in the field, the first Vacuum Sweeper in America, and today is still the first in performance, reliability, long life and economy. Recently, the City of Los Angeles ordered two VACU - SWEEPS and entered it's name to the valued list of over fifty California VACU -SWEEP owners. We look forward to adding the name of the City of Rancho Cucamonga to the growing list of owners who benefit from VACU - SWEEP'S superior performance. We direct your particular attention to that part of our bid covering our Service Agreement. This agreement will be administered by our Vice President Mr. John W. (Bill) Hacker who makes his home at 8071 Beechwood Drive, in the City of Rancho Cucamonga. His service knowledge of the VACU -SWEEP will be of great benefit to the city over the life of the equipment. Thank you for the opportunity to be of service. Sincerely, C �,,.. +./ John A. Haaker President • cyh Enclosure 137 ZHAAKER EQUIPMENT COMPANY SSOS POMONI, 90ULEVARO POM ON A. CALIFORNIA 91766 7141598-2706,2707.2706 6 SERVICE AGREEMENT The following agreement is designed to provide the City of Rancho Cucamonga hereafter referred to as City, with a program for the proper service and maintenance of the City owned VACU -SWEEP Vacuum Street Sweeper. This agree- ment will remain in effect until cancelled, in writing, by the City thirty (30) days in advance of the cancellation date. WARRANTY: The VACU -SWEEP owned by the City is warranted for a period of twelve (12) months in accordance with the terms of the manufacturers warranty and Haaker Equipment Company's (hereinafter referred to as HEC) Delivery and Warranty Policy. (Copies of each are attached and are to be considered as part of this agreement.) OPERATOR TRAINING: HEC will train the City operator for a period of not less Than two (2) days at the time the equipment is delivered in the proper operation and routine service functions to be performed by the operator. It shall be the • During the first thirty (30) days HEC will follow -up on a weekly basis to check on the equipment and answer any questions the operator might have. There will be no charge for the above operator training and service. MONTHLY SERVICE: Commencing at the time of delivery and for twelve (12) consecutive months thereafter, HEC will provide a scheduled inspection,utilizing the Equipment Inspection Report, of the equipment every thirty (30) days For the purpose of determining proper performance of the equipment and your personnel. No charge will be made for this service during this 12 month warranty period. Folloving the warranty period a charge of $50.00 per month will be made for this scheduled inspection service. Should our inspection indicate a part or parts not covered by warranty, requiring replacement, then or shortly thereafter, we will report this fact and an estimate of the cost of repairs and request written authority from the City to repair or replace the part or parts needed. Repairs or parts replacements will be done either in the field or at our Pomona shop as deemed appropriate by us. The cost of transporting the equipment shall be borne by the City. Price of parts and labor will be charged for at the prices and rates in effect at the time. • /3$ NEC - Service Agreement 2 SEMI - ANNUAL SERVICE: At the end of the first year of operation and semi - annually thereafter, HEC will require the machine be delivered to our Pomona shop at City expense for a complete inspection and subsequent written report on its condition. A written estimate of the cost of repairs, if any, necessary to place the equip- ment in prime operating condition will be submitted. No repairs will be made without written authorization by the City. CHASSIS SERVICE: The chassis (truck) portion of the VACU -SWEEP is a standard international Harvester Model C01850B. It carries a warranty of twelve (12) months or twelve thousand (12,000) miles which is administered by any IHC Truck Dealer. The nearest servicing IHC Dealer is Valley International Truck Sales located at 1551 E. Mission Boulevard, Pomona, California. HEC will coordinate any chassis warranty required during the twelve (12) months warranty period on the following basis: HEC will, along with the equipment operator, determine the nature of the problem, confer with and schedule the re- quired warranty service with the IHC Truck Dealer. The City will be responsible for delivery and pick -up of the equipment to and from the IHC Truck Dealer. The City will be responsible for any charges made by the IHC Truck Dealer not covered by the IHC warranty. At the end of the twelve (12) month warranty period, HEC will, when requested to do so, handle the chassis service on the following basis: Any repair work re- quired to be done by other suppliers on the chassis, engines, transmissions, elec- trical, brakes, wheels and tires, etc., will be coordinated by HEC and charged for separately with a ten (10) percent service charge added to cover our costs. • UNEXPECTED BREAKDOWNS OR ACCIDENTAL DAMAGE: HEC will respond within twenty -four 24) hours to a phone call from the City advising us of a problem. We will in- spect the equipment at the City Yard and report on our estimate of what is re- quired to return the equipment to service as promptly as possible. A $50.00 charge will be made for this inspection service. Work will not proceed without written authorization by the City. • This SERVICE AGREEMENT dated: /'� IR" �'9JD Submitted By: HAAKER EQUIPMENT COMPANY By T7'b.[a"tle: Approved By: City of Rancho Cucamonga By: Title: l37 HAAKER EQUIPMENT COMPANY 3BOS POMONA BOULEVARD roMONA. CALWORN IA 11 766 )I4(S963706. 2)0), 2706 e+MYlyd7 'y52}:i Signed Operator or rechanic Date of next SO day rnapve Lion. I have checked ell items noted and have made any nr,(c. ;;ary odjua Lment:;, corrections or recommen- daLauna required corder the scape of the agrccvin� Signed Do to Serviceman JYm VACU -SWEEP ' MONTHLY INSPECTION REPORT NOTE: Consult with the Operator and /or Mechanic prior to starting your . inspection to determine if any specific problems exist. Check out those problems and then proceed with your inspection. .. IN CAB INSPECTION CHASSIS INSPECTION Check for air leaks in cab. _ Check all air lines for leaks. Check electrical connections. Check water hoses and clamps. Check low air light and buzzer. _ Check hydraulic filter, hoses and fittings. Check dual steering. SWEEPING COMPONENT INSPECTION _ Check throttle operation. _ Check suction nozzle, tires, rubbers. Check transmission operation. _ Check nozzle trunking & inlet tubes. _ Check brake operation. _ Check hydraulic tank oil level. IHC ENGINE COMPARTMENT ` Check gutterbroom latch & suspension. Check all V -belts for tension & wear. _ Check gutterbroom tilt & angle. Check all hoses and hose clamps. Check vacuum efficiency. Check air cleaner. _ _ Check widesweep broom. • ENGINE COMPARTMENT _ Check operation of gutterbroom motor. - Check bevel gear box oil. _ Check operation of widesweep motor. Check transfer gear box oil. _ Check water control valves. _ Check hydraulic pump. _ Check water spray jets operation. Check fuel lines. _ Check hopper interior coating & screens. _ Check all V -belts for tension & wear. _ Check rear door lock & seal. _ Check clutch for proper operation. _ Check wanderlead & hose extensions. Check ground cable. _ Machine condition: Good _ Fair _ Poor_ Check water pump and hoses. COMMENTS & RECOMMENDATIONS: Check Rotaflex coupling & driveline. _ Check impeller fan. _ Check all body and fan seals. _ Check air cleaner. PARTS NEEDED: Signed Operator or rechanic Date of next SO day rnapve Lion. I have checked ell items noted and have made any nr,(c. ;;ary odjua Lment:;, corrections or recommen- daLauna required corder the scape of the agrccvin� Signed Do to Serviceman JYm 1. Stop sweeper along curb at start of sweeping route. Set parking brake and turn on beacon warning lights. 2. Start auxiliary engine - check all gauges. 3. Lower sweeping gear - Nozzles, gutterbroom and widesweep (only if needed). 4. Turn on water valves as required. Sweeping nozzlo valve must. be open at al[ times when sweeping. 5. Increase Auxiliary engine RPM up to operating speed. 6. Release parking brake. 7. Place Auto -Trans gear selector in drive position. 0. Place Rear axle speed selector ,witch in low range. 9. Check traffic conditions and proceed to sweep. 10. SWEEPING SPLED. is dependent upon varying conditions ... light debvi, 5 to 6 MP11, heavy debris 1 to 3 MPII. 11. BE ALERT: varyinq traffic conditions, parked cars, 0 -turns etc., require care when operating. If you are nut. ccrLain vait for traffic to ease. If •IS UUTCR TO BE A SAFE DRIVER AT ALL 1lPlE S. 12. DUMP I`,0: pick a Level surface, engage P.I.U., open rear raise the body. After dump is mode pull anead a few fnot down hose aL the rear wauh the ucroen, body and rear door the body check the vacuum pick -up tube for obstructions. Y'1 / door FIRST then and usinq the wash seal. Bufure lowe.rinq OPERATOR CHECKLIST " • THIS INSPECTION CHECKLIST CAN BE PERFORMED AT THE START OR END OF A SHIFT. 1. Check Truck engine - Oil Level. . 2. Check Truck engine - water level. .. 3. Check fuel tanks and fuel levels - gas and diesel. 4. Start truck engine"- check oil pressure and temperature gauges. 5. Check brakes for proper operation 6. Engage P.T.U. 7. Raise sweeper body - install safety prop. 8. Check Auxiliary engine - oil level. 9. Check Auxiliary engine - water level. 10. Check Bevel Gear Box oil level. 11. Check Transfer Gear Box oil level. 12. Check air cleaner and connections. 13. Check water pump drive belt. 14. Check Rotaflex coupling and lubricate drive line. 15. Remove safety prop and lower sweeper body. 16. Disengage P.T.O. 17. Lubricate Cutterbroom. 10. Check operation of all lights. 19. Inspect all tires and check tire pressure - 75 pounds. 20. Start Auxiliary Engine - check oil pressure and temperature gauges. 21. Increase engine RPM up to maximum - 2200 RPM. Listen for smooth clutch engagement. If clutch chatters call HEC service manager (714)598 -2706. 22. Lower and adjust widesweep broom for V pattern. 23. Lower sweeping nozzle and check ground clearance at rear. • 24. Lower gutterbroom and check adjustments. 25. Open water valves and check nozzles for proper operation. Be sure and check the nozzles located in the sweeping nozzle. 26. Lower RPM to idle. 27. Shut -off auxiliary engine. CALL HEC (714)598 -2705 if you have any questions. swEEPING OPCRATIONS 1. Stop sweeper along curb at start of sweeping route. Set parking brake and turn on beacon warning lights. 2. Start auxiliary engine - check all gauges. 3. Lower sweeping gear - Nozzles, gutterbroom and widesweep (only if needed). 4. Turn on water valves as required. Sweeping nozzlo valve must. be open at al[ times when sweeping. 5. Increase Auxiliary engine RPM up to operating speed. 6. Release parking brake. 7. Place Auto -Trans gear selector in drive position. 0. Place Rear axle speed selector ,witch in low range. 9. Check traffic conditions and proceed to sweep. 10. SWEEPING SPLED. is dependent upon varying conditions ... light debvi, 5 to 6 MP11, heavy debris 1 to 3 MPII. 11. BE ALERT: varyinq traffic conditions, parked cars, 0 -turns etc., require care when operating. If you are nut. ccrLain vait for traffic to ease. If •IS UUTCR TO BE A SAFE DRIVER AT ALL 1lPlE S. 12. DUMP I`,0: pick a Level surface, engage P.I.U., open rear raise the body. After dump is mode pull anead a few fnot down hose aL the rear wauh the ucroen, body and rear door the body check the vacuum pick -up tube for obstructions. Y'1 / door FIRST then and usinq the wash seal. Bufure lowe.rinq VACU -SWEEP WARRANTY Vacu -Sweep Mark Modification Serial Number Ecolotec, Inc. hereby extends this warranty on the subject Vacu -Sweep equipment. This warranty is not applicable to the chassis on which the equipment is mounted, nor does it apply to the auxiliary- engine which operates the Vacu -Sweep equipment. Both of these items are warranteed by the respective manufacturers. The Vacu -Sweep warranty goes into effect on the date that the warranty reply card is postmarked but, in any case, fourteen days after shipment from Kenilworth. It extends for a period of one year from that postmark date (the actual expiration of the warranty will be 365 days after postmarked date). Ecolotec will repair, or replace, free of charge, any defective part sup- plied to the customer. This does not apply to replacement of parts subject to normal wear and tear, such as brooms, rubber curtains, body wear plates, etc. The following provisions apply to this warranty A. Written notice of the defect must be given to the company within seven days of discovery uf:'the defect;' ^.yyY B. At Ecolotec': request)Ithe�.part is, re umed, prepaid, to Ecolotec for 3� examjnation. -�IQ the event of the 'part ,. being declared defective and jilaceZ, ihZonglnal'part become4 the;property of Ecolotec. ;¢ iii!]] !' vlv}/ v ✓.y" %:. -i'' •v .. :" iJle:>.) C. If Ecolotec finds thedefea or failure has been caused by carelessness ,,j]d e,�• or improper treatment,' 6rinadequate'7bbrtcation, such warranty will ,J notapply. w'. .,.., F +'�•: it a... ...i •.. ,_d :��? • - :.. D. Ecolotec shall not be liable for any labor or other costs incurred in the removal or replacement of the defective part. -E. The guarantee period will be proportionately reduced if the equipment is run more than eight hours per day. The replacement part will be delivered by Ecolotec, prepaid, to the same address from which the defective part was shipped. This warranty and remedy is exclusive and we assume no liability for general or specific damages claimed to arise under this warranty agreement. Ecolotec products are manufactured with care, under strict engineering super- vision. Every effort is made to assure you of completely satisfactory operations of your equipment. We are proud of the Vacu•Sweep product you have purchased. We hope you obtain every satisfaction which you anticipated when you entered your purchase order. ECOLOTEC, INC. John P. Horton President • HAAKER EQUIPMENT COMPANY 9505 POMONA BOULEVARD POMONA. CALIFORNIA 91760 714/596 -2706 EQUIPMENT DELIVERY LIMITED WARRANTY POLICY MAILING AODRe S P. o. BOX 2705 POMONA. CALIFORNIA 91766 HAAKER EQUIPMENT COMPANY is pleased and proud to represent several prominent equipment manufactur- ers. By virtue of our representation, we have accepted the responsibility to perform pre-delivery service on the equipment and promptly administer the respective manufacturer's warranty on the products we sell. fn recogni. tion of this responsibility we have established the following policy to guide us in fulfilling those responsibilities to our manufacturers and our customers. HAAKER EQUIPMENT COMPANY DELIVERY RESPONSIBILITY 1. Pre-Delivery Service: Prior to delivery to the customer we will service the equipment in accordance with the manufacturer's recommendations, including inspection to determine if any observable parts or com- ponents are missing, misaligned or damaged and correct such deficiencies, if any. 2. Delivery Service: At the time of delivery we will: a. Check the equipment with the customer's authorized representative to determine that the equipment is in accordance with the customer's specifications. If deficiencies are noted we will take whatever steps are necessary for their correction. b. Set a date and time for instructing the customer's operating and maintenance personnel in the correct procedures to follow to assure maximum efficiency and productivity from the equipment. 3. Follow -Up Service: We will inspect and observe the operation of the equipment on a minimum schedule of 30, 60, 120 and 180 days after delivery. A written report will be submitted to the customer as a result of our inspection. HAAKER EQUIPMENT COMPANY WARRANTY RESPONSIBILITY 1. Warranty Defined and Explained: At the time of delivery we will present to the customer a copy of the Manufacturer's Warranty along with a copy of this Policy Statement. We make no warranty beyond description of the equipment. The equipment is guaranteed by the manufacturer's warranty only and seller makes no warranty expressed or implied, of merchantability or otherwise, or of fitness for any particular purpose that extends beyond the description of the equip- ment. 2. Warranty Claims: Upon being notified of a Customer claim against the Manufacturer's Warranty, we will promptly assist the Customer in establishing and satisfying the claim within the scope of our Manufacturer's defined authority to do so. 3. Disputed Warranty Claims: Instances involving claims that may be disputed by the Manufacturer will be resolved as promptly as possible without causing the Customer loss of the use of the equipment. For this reason all Warranty Claims require the Customer to fulfill their responsibility as defined below. 4. Truck Warranty: Warranty of Truck Chassis is the responsibility of the Truck Manufacturer and their Dealer Organization. We will assist the Customer in obtaining warranty service in those instances when we are requested to do so. 5. Secondary Warranties: In many cases component parts supplied by various manufacturers are incorporat- ed in u,a equipment sold by us. These component parts are, in many instances, separately warranted by the component manufacturer and as such are out of the scope of our authority. We will assist the Custo. mer in obtaining warranty service in those instances when we are requested to do so. 1113 6. Warranty Labor: Inmost instances the Manufacturer's Warranty does not include the labor to install the warranted part. If the Customer requests installation by our Service Department, the following Labor and Mileage charges will apply: a. Labor —Shop ............................... $ 2'5.00 per hour C b, Labor — Field - °•••• ..... *..•••- °••• ^••••• $ .i0.00 per hour . c. Mileage— 22 cents per mile both ways When equipment has been bid and Warranty Labor is a requirement of the bid, the above will not apply. In that instance our bid includes a charge for this service during the warranty, 7. Warranty— Freight: I n most instances the Manufacturer's Warranty does not include the cost of freight on the warranted part. We will prepay the freight and invoice same to the Customer. When equipment has been bid and Warranty Freight is a requirement of the bid, the above will not apply. In that instance our bid includes a charge for this service during the warranty period. CUSTOMER RESPONSIBILITY UNDER MANUFACTURER'S WARRANTY 1. Operation: It is the Customer's responsibility to properly operate the equipment in accordance with the Manufacturer's recommendations. 2. Equipment Maintenance: It is the Customer's responsibility to properly maintain the equipment in accord- ance with the Manufacturer's recommendations. 3. Discrepancies in Specifications: Promptly (within 10 days of delivery) notify us of any specifications discrepancies in the equipment. 4. Request for Warranty: Should warranty service be required the Customer shall: a. Contact us by phone immediately (714/598 -2706) and give us a brief explanation of the problem. b. Issue a Purchase Order to cover parts, freight and labor. No charge will be made against the order unless the problem is found to be outside the scope of the Manufacturer's Warranty; a judgement and agreement with the Customer will be made before any work proceeds. We hereby pledge that the established Goal and Policy of HAAKER EQUIPMENT COMPANY is to satisfy the `. Customer's needs for on the job availability of the equipment sold by HAAKER EQUIPMENT COMPANY in a prompt, fair and businesslike manner. H \AA /KBE R�EQUIPMENT COMPANY CO, Y y � - lea John A. Haaker President (_ 0 ky Y 0 • RANCHO CUCAMONGA, CALIFORNIA PROPOSAL FOR VACUUM STREET SWEEPER BIDS MOST BE SUBMITTED BY 2:00 P.M., July 27, 1980 Jyr ENGINEERING DIVISION CITY OF RANCHO CUCAMONGA 9340 BASE LINE, SUITE B RANCHO CUCAMONGA, CALIFORNIA 91701 CITY OF RANCHO CUCAMONGA BIDDERS NOTICE THE CITY OF RANCHO CUCAMONGA WILL.RECEIVED BIDS FOR THE PURCHASE OF ONE (1) VACUUM STREET SWEEPER IN ACCORDANCE WITH SPECIFICATIONS CALLED OUT BY THE CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION. BIDS MUST BE RECEIVED BY 2:00 P.H. ON July 23, 1980 BIDS WILL BE OPEN AT 2:00 P.M. ON THIS DATE. COPIES OF SPECIFICATION MAY BE OBTAINED FROM ENGINEERING DIVISION, 9340 BASE LINE, RANCHO CUCAMONGA, CALIFORNIA 91701. BIDS MUST BE SUBMITTED ON CITY OF RANCHO CUCAMONGA BID FORMS AND PLACED IN A SEALED ENVELOPE AND ADDRESSED: CITY ENGINEER, CITY OF RANCHO CUCAMONGA, POST OFFICE BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730 AND MARRED CLEARLY "BID FOR ONE (1) VACUUM STREET SWEEPER THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESERVES THE RIGHT TO REJECT ANY AND /OR ALL BIDS SUBMITTED. PUBLISHED: July 7 and 14, 1980 141(o 0 • • • Department of Engineering P. 0. Box 807 9340 Base Line, Suite B Rancho Cucamonga, California 91730 Bids must be received by 2:00 p.m. and will be opened at that time, on June 23, 1980 City Council City of Rancho Cucamonga Rancho Cucamonga, California 91730 Honorable Council: In accordance with the established specifications, the undersigned bidder agrees to provide the City of Rancho Cucamonga with VACUUM STREET SWEEPER at the following price, including sales tax. Bid price to be exclusive of Federal Excise Tax. ITEM (MARE AND MODEL) FREEMAN EQUIPMENT DIVISION CROOK COMPANY�- 11ISO FIRESTONE BLVD. I NORWALK, CA 90650 (313) 866501 • (714) $334900 CLAY FREEMAN • TWX 910.5834813 City and State By• �� - rJ1lLEV Title ly7 BIDDER'S STATMIM The bidder hereby agrees to provide the equipment and /or material described in the specifications within calendar days from award of bid. The bidder also agrees to extend price protection for the bid for a period of =O days. The bidder further agrees that price escalations beyond the period of price protection shall be borne by the City at manufacturer's invoice cost. The City hereby agrees to make payment at bidder's cost for all government mandated equipment requirements enacted after the award of 40 bids which affect the bidder's ability to supply the specified equip- ment. Signed_wz ir_ .✓ • IyQ CITY OF RANCHO CUCAMONGA SPECIFICATIONS FOR VACUUM STREET SWEEPER 0 GENERAL: The sweeper to be furnished herein shall be a vacuum pickup, four wheel truck type with dual rear tires, self - propelled and of the latest model and design. Any additions, deletions, or variations from the following specifications must be noted. All items appearing as standard in manufacturers published specifica- tions are considered to be included in this proposal. Specifications also require that the bidder furnish descriptive literature, complete specifications, and all other necessary data on the equipment he proposes to furnish. NOTE: Bidder shall complete right -hand column, indicating specific size and /or make and model of all components. State "as specified "'if the item is exactly as shown in left -hand column. MINIMUM SPECIFICATIONS EXCEPTION 1. CHASSIS ENGINE Heavy -duty industrial V -8 Diesel p� 175 net H.P. @ 2,800 RPM Ar 636 cubic -inch displacement 376 ft. lbs. torque @ 1,400 RPM Dry -type air cleaner •Full -flow oil filter Anti- freeze 50 -50 mixture 9 2. TRANSMISSION Allison heavy -duty automatic truck type AT540 Four forward speeds - one reverse speed B,a��F /�D Two -speed rear axle w /electric shift Speed 55 MPH minimum 3. SERVICE BRAKES Full air S -CAM type 7.25 cu. ft. air compressor? Front 15" x 4" - rear 16.5' x 7" 4. PARKING EMERGENCY BRAKES Piggy -back type Spring applied - air released Two- compartment cylinder mounted on service brakes iti9 SPECIFICATIONS - VACUUM STREET SWEEPER Page 2 MINPMN SPECIFICATIONS 5. CAB Cab over engine, 84" wide, all steel Hydraulic assisted tilting Naugahyde adjustable foam seats, right 6 left Right hand drive Dual 2 speed electric windshield wipers.6 washers Full illuminated instrument pannel, (Ammeter,-oil pressure, water temperature 6 fuel gauges, hour meter for chassis engine) Fresh air heater 6 defroster Padded sun visors and arm rests, both sides Dual westcoast 16 x 7 mirrors with proximity spots Grab handles Ash tray 6 cigar lighter Speedometer and Odometer Air Conditioning - Xysor 20,000 BTU 6. FUEL SYSTEM Diesel tank - adequate to operate both engines for eight hour day Fuel pump for each engine Fuel filter 7. STEERING Right hand drive Heavy -duty hydraulic power 20" steering wheel Turning radius not more than 24' 8. TIRES -Seven, 10:00 x 20F front and dual rear 12 PLY Disc -type wheels 6 total on vehicle, one spare provided not mounted 9. CHASSIS INC CO- 1850 -D /50 EXCEPTION U %2s Sr'ac.r -•ca ►I • ma ° °facco-cat s g2Y (s1 Pat ct+ di�li61'cs 5 Pi nP an beaa11J'1. La o �. y oP, ty; i et D c .n °e 1i 1 ObL ay P s Wi�b bazata y�icCb. 'YRINGS 1 pp0 sP cno 5Pa x11ia2Y 'i u � caPaei 4 ppp 4 n• p00 G m}O� c4 Nicb W ;01 °a4aci 9 �� to tieanite LY b18t` 1• ci °' Sp� anal aeit °5cea¢kec bt act b it use Plact ¢OnP11n8 et p,0 i tiOy¢ Jo?i ¢ teat 'S ta £ose ,fit 4tonc and s y aO flash e di °scot ;1cet . beacon del ine YS¢,4 °k le l boy ca fil n`F to k 1,, c tot b .5 bet g�R R� al 4,cY1 d�esal cd °.an sYscam p _ cY end Eilc t ya£ecY 5bn Heavy f1 °u oa d f>1p11 PSe5sU2¢ Ent vmP Foel �emY.. HiSb r5 �� SPECIFICATIONS - VACUUM STREET SWEEPER Page 4 14. SWEEPER ENGINE INSTRUMENTS Tachometer Engine hour meter Throttle with safety stop Air pressure gauge if required 15. SWEEPER BODY Welded steel plate Dumping to 500 by 2 stage hydraulic cylinder operated by chassis engine. Rear door to be hydraulically operated by chassis engine. Full hopper indicator mounted on dashboard Hopper inspection door in tailgate Safety prop for service Replaceable wear plates of rubber or AR steel at air inlet 16. BLOWER Drive - direct 6 V -belt or sealed gear box Construction of blower fins - abrasion resistant steel 17. SWEEPER AIR SYSTEM 7.25 G.F.M. air compressor Electric pneumatic valves actuated from operator's position to position vacuum nozzle, raise and lower side broom 18. VACUUM HOSE Flexible rubber, steel reinforced 19. GUTTERBROOM Quick detach, aluminum or wood filled with minimum 22" oil tempered wire. Hydraulically driven Up and down pressure controlled from cab Guttecbroom to be shock mounted and free floating to follow curb Raised and lowered from cab. r EXCEPTION G_O 17o.', I,- —,?/, L3'l.E i0'ys- b7-1 • SPECIFICATIONS - VACUUM STREET SWEEPER Page 5 . MINIMUM SPECIFICATIONS 20. EXTENSION BROOM or WIDESWEEP BROOM Pre -fab disposable filled with polypropylene or steel Hydraulically- driven constant speed Raised and lowereO by air cylinder 21. VACUUM NOZZLE Raised and lowered from cab Abrasion resistant steel or rubber lined for added life Facility to open nozzle from inside cab to accept large objects shall be supplied Automatic retract when sweeper reversed for Vacuum Nozzle and both brooms 22. SWEEPER HYDRAULIC SYSTEM Minimum 7 G.P.M. at governed RPM Controls - in cab • 23. WATER SYSTEM EXCEPTION Minimum 270 gallon, water tank with strainer and relief valve Centrifugal or diaphram type pump Water inlets in vacuum nozzle with anti -clog valve Two (2) spray nozzles at side broom — Minimum four (4) at extension /widesweep broom Water controls for each nozzle set in cab 24. SWEEPING SWATH Vacuum nozzle only - " Vacuum nozzle and Side broom Vacuum nozzle and extension Widesweep Broom - Vacuum nozzle, side broom, and extension /Wid eweep 25. WAL'DERLEAD (Catch basin cleaning hose) Hose extensions with quick disconnects adequate to clean an 8 foot deep catch basin shall be supplied and mounted conveniently on the vehicle. 26. PAINT •Undercarriage, and sweeping gear to he painted black. Sweeper body and Chassis cab to be painted WHITE IS-3 i W // cy / qqS e- FUFi Ezi �S j�LcC /F /GJ� SPECIFICATIONS - VACUUM STREET SWEEPER Page 6 MINIMUM SPECIFICATIONS EXCEPTION . 27. SERVICE AND WARRANTY The vendor shall furnish a standard manufacturer's (12 months) service and warranty policy and shall pay any costs of inspection and adjustment that may be necessary in accordance with the warranty. Because the maintenance of this equipment in good operational condition without protracted time -out for repairs :. is very important, it is essential that repair parts and service be adequate and readily available. State location of bidder's service and repair parts facility and duration and type of warranty on chassis and sweeping unit. 28. SERVICE MANUALS The vendor shall furnish parts manual, technical maintenance manual and operating manual with instructions on sweeper at time of delivery. 29. DELIVERY Sweeper to be bid F.O.B. destination and shall be installed by a qualified serviceman. Each unit is to be delivered in first class operating con- dition with acceptance subject to purchaser's inspection and approval. 30. DELIVER TO: Engineering Division City of Rancho Cucamonga 9340 Rase Line, Unit B Rancho Cucamonga, California 91701 714 - 989 -1851 31. DELIVERY DATE: Complete unit shall be delivered within S— days after receipt OE our purchase order. 32. COMPLIANCE Deviation from the minimum specifications is to be indicated with specifications of alternate proposal. The bidder proposed to furnish equipment in accordance with these specifications unless indicated specifically otherwise. Failure to ;upply complete information called for on this bid form may render bid as non - responsive. /Sy • 0 .. CITY OF RAl`KM CDC —ANKMA STAFF REPORT DATE: August 6, 1980 TO: Members of the City Council FROM: Jack Lam, Director of Community Development SUBJECT: Financial Task Force The Planning Commission feels that fiscal planning should be an integral component of the City's planning program. Therefore, the Commission at its July 23, 1980 meeting upon its own initiative,unanimously recom- mended to the City Council the creation of a Financial Task Farce that would contain representation from the Planning Commission to study the various ways in which local government may be able to fund public im- provements, public utilities, and other infrastructure requirements. It was felt by the Commission that given the changes in which governments must now befinanced, an investigation of innovative approaches to capi- tal financing would serve the City well, The makeup of the committee would consist of City representation and private sector participants who might be knowledgeable in the areas of fiscal planning. As envisioned by the Planning Commission, the task force would utilize the private se for expertise in assisting the City in identifying and explpring new �nd innovative financing methods. JACK LAM, Director of Community Development JL:jk cc: Lauren Wasserman /S7 L J • CITY OF RANCHO CUCAMONGA MEMORANDUM July 30, 1980 To: City Council and City Manager From: Bill Holley, Director, Community Services Subject: State Constitutional Amendment No. 26 (Craven) SCA. No. 26 IS THE MOST SIGNIFICANT LEGISLATION TO OCCUR IN CALIFORNIA SINCE PROPOSITION 13. This legislation will once again permit the local voters to approve, by 2/3 majority, general obligation bonds to make capital improvements within their area, such as parks, libraries, storm drain systems, bridges, etc. They do not currently have this option available. There is no known opposition to SCA No. 26, however, no wide support is being sounded either. I have pounded the drum of support at every available opportunity and I request that those who would agree with that position also do so vocally. Further, I would request that Council, if so inclined, formally endorse and urge passage of SCA No. 26 at the first regular meeting in October. This is a Statewide issue, so we alone do not have complete control. We can only hope others around the State will be active in their support to sustain a victory. Should SCA No. 26 pass in November, the City can put a park bond before the voters in 181. The bond issue is the best answer to park acquisition and development in Rancho Cucamonga. Currently, we are using methods that should serve supplementary roles, that of the fee and the grant. Without the ability to bond, however, we have no choice but the current one. With education about and support of SCA No. 26, we can have a choice after November 4th. -F �/'W BH /mw S 8 AMENDED IN SENATE JANUARY 21, 1980 SCA 26 Senate Constitutional Amendment No. 26 Introduced by Senator Craven June 14, 1979 Senate Constitutional Amendment No. 26—A resolution to propose to the people of the State of California an amendment to the Constitution of the state, by amending Section 1 of Article XIII A, relating to taxation. L"t LEGISLATIVE COUNSEL'S DIGEST �4 SCA 26, as amended, Craven. Property tax limitation. Existing constitutional law limits ad valorem property taxes to 1% of the full cash value of the property, except for property taxes to pay the interest and redemption charges on indebtedness approved by the voters prior to July 1, 1978. This measure would also provide an exception from the property tax limitation for interest and redemption charges on indebtedness for the acquisition of real property, the improvements thereon, including replacement of such improvements, or contracts for wafer supply approved by % of the voters voting on the proposition on and after July 1, 1978. Vote: %. Appropriation: no. Fiscal committee: no. State - mandated local program: no. 1 Resolvedly the Senate, theAssemhlyconcurrige;That 2 the Legislature of the State of California at its 1979 -80 3 Regular Session commencing on the fourth day of 4 December, 1978, two-thirds of the members elected to 5 each of the two houses of the Legislature voting therefor, 6 hereby proposes to the people of the State of California 7 that the Constitution of the state be amended by 8 amending Section 1 of Article XIII A to read: �t -1 SECTION 1. (a) The maximum amount of any a 2 valorem tax on real property shall not exceed one percent 3 (1 %) of the full cash value of such property. The on 4 percent (1 %) tax to be collected by the counties an 5 apportioned according to law to the districts within th 6 _counties. 7 (b) The limitation provided for in subdivision (a) sha 8 not apply to ad valorem taxes or special assessments t 9 pay the interest and redemption charges on an 10 indebtedness approved by the voters prior to the tim 11 this section becomes effective, or to interest an 12 redemption charges on indebtedness for the acquisition 13 of real property, the improvements thereon, including 14 replacement of such improvements, or contracts for 15 water supply thereafter approved by two - thirds of th 16 votes cast by the voters of a local agency voting upon 17 proposition to incur such indebtedness. C • rimy roc o n Nv— ! rA AAMY'! c�CA•V,n� STAFF REPORT July 31, 1980 TO: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Proposed Law and Jus ice Center As the Council is aware, the County Board of Supervisors has approved the concept of constructing a court facility adjacent to the Guasti Regional Park. While there is no doubt concerning the need for such a facility to serve the expanding population in the West End, there is a concern with the proposed location. The proposed site for the court complex is adjacent to Guasti Regional Park and will be partially on land originally purchased for park use with State Recreation and Park Bond Act funds. Although the County has allegedly made a commitment to provide alternative land for park purposes, the key issues.appear to be as follows: 1. The compatibility of a court complex with a regional park facility. 2. The advisability of reducing the regional park land available to the citizens of the County. This concern is partially important in view of the proposed growth in population which may be anticipated over the next 10 -20 years. If the City Council wishes to take a formal position either favoring or opposing the location of the proposed Law and Justice Center, it would be appropriate to communicate that position to the following officials: 1. San Bernardino Board of Supervisors 2. San Bernardino Regional Parks Commission 3. Presiding Judge, San Bernardino County Superior Court 4. Other West End Communities 5. State of California Park 8 Recreation Department LMW /vz Attachment & C) uyn rml As the Council is aware, the County Board of Supervisors has approved the concept of constructing a court facility adjacent to the Guasti Regional Park. While there is no doubt concerning the need for such a facility to serve the expanding population in the West End, there is a concern with the proposed location. The proposed site for the court complex is adjacent to Guasti Regional Park and will be partially on land originally purchased for park use with State Recreation and Park Bond Act funds. Although the County has allegedly made a commitment to provide alternative land for park purposes, the key issues.appear to be as follows: 1. The compatibility of a court complex with a regional park facility. 2. The advisability of reducing the regional park land available to the citizens of the County. This concern is partially important in view of the proposed growth in population which may be anticipated over the next 10 -20 years. If the City Council wishes to take a formal position either favoring or opposing the location of the proposed Law and Justice Center, it would be appropriate to communicate that position to the following officials: 1. San Bernardino Board of Supervisors 2. San Bernardino Regional Parks Commission 3. Presiding Judge, San Bernardino County Superior Court 4. Other West End Communities 5. State of California Park 8 Recreation Department LMW /vz Attachment & C) uyn ,• -. . • M E M D R A N D DATE: December 6, 1979 TO: Lauren Wasserman FROM: Jim Robinson yf- SUBJECT: Proposed West End Law and Justice Center/Cucamonga- Guasti Park. This morning Bill Holley and myself met with Catherine Bridge regarding the proposed use of 17 undeveloped acres at Cucamonga - Guasti Park for a new West End Justice Center. The proposed site is situated just north of the existing park. The attached article from the Daily Report and memo from the County Administration office to the Board of Supervisors outlines the current and projected need for expanded court facilities in the West End. Mrs. Bridge has raised the question as to the wisdom in using scarce park land for this purpose. As you know park sites are limited in Rancho Cucamonga and the Cucamonga - Guasti Park is heavily utilized by Rancho Cucamonga and West End residents. • Bill Holley will contact the County as to the feasibility and intent. of this County proposal and what impact it would have on the City of Rancho Cucamonga. Bill will be preparing a report on this matter prior to the December 19, 1979, Council meeting which will hopefully include what position, if any, that other cities have taken with regard to the proposal. • JHR:1k cc: Bill Holley, Community Services Director I s' Buildin ry fina ' :,� ncing plan unveiled � ''' ;• -,',r s ';5upervi� ors" eyei�ustice ceri eras 1 - •'1'BY CARLTON liMYIH a•'. _ Adminlstulln 011lar Earl scidon to the Increase area. !building This Procedure. different than a Stall Writer - 'Goodwin. - AOltlelikeapiloturertamolhist4: Goodwin offered the board a'• Currently, the bulk law and.' the private construction to bmanage for Instruments in a dense fog, San; comprehensive new center sport in o bully, ; justice tUlmgenc oltilheiedi— the facets of the fconstruc%onnProject- .. � Bernardino county mDervison, °.� proposed ? lowed an eventual closer anding anlhe °sue were will) ¢. and asbalw clear that.,: proration, public oroner, defender. marshall, for a fixed lecture b IandsaPing„ Warily - I proposed West End law and Justice 1M9 were eautlan. sherill, and clerk —are heated at -.- Thla. said Goodwin, would li center. f, Noting that recent population : Sixth gtreel and MowUin Avenue in, of bolding the newe facility. all 1_. Allemptin{btilk the hood down,_• Projections for the West Endpegged ,.y Ontario. roved WalrlY: b venal apervnaon hope will D<a the area's year SPDe population al These facilities are now �. 'offers the county Imp s smooth runway to better Justice all '; nrwre than rro.oeo. Codwlo was,:. overcrowdd. and would be replaced control. Goodwin aid the facility could be t not a mountain of debt was County Iirtn1Y 4ulatenl that the trod must r Goodwin told rboard members _ financed by bonds to be issued by A now ;, Monday that there Is a possibility Joint power autmrllY• but he aid ' J �1'�i11® rate rift$.. �' 0 -Kt, that same l7 undeveloped ores At join with public c county i which vmule ,� a /O � "`1 :' . Cucmronp.GWsti Regional Park - 1 Join with the county In Issuing the Fourth Street and Archibald,: bonds has not yet been selected. t - - IhRed Press inteemtka - - a• Avenue In Ontario could be used as ;Dissuasions with several local - Several of the nation's big balls Tuesday raised their prima cafe fr..,i relieving oNehbmrdl of 1Ne expense' . Gaadwiatm "d� are continuing. U ( business loans to a recrd I5 percent m reau%on to lCa skYal o coot °t obtaining funds to lend. of loving b purchase pHvalely Although Coodwlthe _ Morgan Guaranty Trust Co, thendim's fifth largest Denk'rtude the Jlnt �- owned land.- .irecommendatlons on the 1 ;move and was quickly followed 6y Chace Mmhaltal —No. d N the rouna4Y The park land was acquired ; construction mmagamml aspect of Haan of Nev, York. Banker Trust, (]temlcal Hank and Enrop through state park band funds, said : ;the project were approved by board American HatlkOf New Yrk. PkBadelphia's First Pemsylvada and Heals' Goodwin, so permission would have' : members, that did not come until at . Chicago. N - ' to be obtained from the slate to use ' ' least one supervisor "Pressed some 1 B The recod I rot m the prima ran Nat tanks charge m topraled'? . :.the lad N that manner. reservations, and mother talked .,business loans follows m nnprecedenld one percentage Pohl Jump last '.•d But, he mid, assuming that the .'entirely. ' week from Igo. percent to 14% percent alter the Federal Rmerve took C, •,sate #ppcows. the location would � spending In Jtusl one eDlau� ` strong Move, W make money harder Joe banks to I aln. be beneficial to the community in ;' p 4 f While the prime rate he& iq Itnmdlate stfeM m regulated commnr that It would be centrally, located In , observed board Chairman James +' loans, with the exception of mortgage lose& Name area, the squesm m -the War to come. Mayfield of the rice tal. estimate ir- i money stands m mate lam race difficult to obtain, especially fr tM- --.:: Goodwin rmommerdd that the r fSS.P million price m{. Maylid mortgage postwar and Ir the small boa °war' board solicit proposals from said be likes to "spread the mme- The cost squeeRm banks aim h , Ugly 1phurt NelemNaowratder• i.,!private, thdepedent construction groundallttle more." prate burrower. rsranagsmmt Itrrrt��jb Mesa the; Cmoludd m Pages 7,. col mP - a !r •, 4 s �.'�' J. -., is 1 -r _ ... - ' 1pervisors study new justice center coed Isom Page 1, Column / the new center will not be more and when th a law a deluaticelfun cut then, said Narfield. he is "klly. world be transferred to the net Lied that the hoard might Hansberper said he was center except for file shenl :rn he ds a gone its net of mourned that all the dnphcatmn of department, which would remain veers ago. when rt e meted a four rnurt facility in hurting clerks and other law and the Sixth and Jl ounlain sn justice su persaoncl m two primarily to keep the lad facll ddlen•nl tt'rsl F;nd locations might West there In close proximity to I . Goodwin said the (nice films be too expensive various police departments who s would nononue to operate. ROweve r. Robert bse rt, rmegtme the it new courts h would he included in the new tedout that the Townsend Mmlyd out that with the overcrowded conditions al L.A. Olympics r Allncethrr. said Gmdwm. the Sixth and % iunt aof ILim an the Six -aunty would hale rroom for 25 ll'rst to enormous amount of ume and oust TV rights ok d is in the End, enough Pasohne Is currently being wasted Ire the estimated year :000 N pAtee ntl¢rals, attomevs and latmn, witnesses who must drive to San NAGOYA. Japan rpPh — 7 ut Supervisor Dennis Bernardino for court hearings. International Olympic Commit today approved a $100 mill xherger. a viral proponent of t rger. aavoc said he could Board members finally voted m •. contract, giving the Amens be counted on to supp+rt the new accept Goodwin s recommends. lions 1.0, with Ilansherger Broadeashng Corp, the televis tights for the 1034 0!y rnplc game: ltly until he is cons land that the +_rahnn n(lhc CNnu faclhiy from abal anong ,., _ ,r.v.- . ✓- - - -� 4ns dneel®4,a zpc4.o,M,Z Ss'e -- P1 k, DATE FROM TO SUBJECT The study projocLCd n 1999 I,.n; and du::t,icu ;;pace nu —1 at • 6th and Flountain of 251,000 ...m are fuut. Review of the Gruen Plan This office has reviewed the assumptions of growth in the original report to verify the space prouram. The revie-w considered the accelerated population growth occurring in the two years since the study was done. In addition, the City of Rancho Cucamonga has incorporated, and a firmer development. plan is now underway for the Chino hills area. This review was needed before any recommendation could be presented to obligate planning funds included in the 1979 -80 budget for the West Valley Law and Justice Center. Based on County Planning Department data, the review projected growth in the 61e5t Valley area to the year 2000. This has shown that the growth estimates for the area are higher than presented in the Gruon study. By 1995, there will be approx- imately 400,000 people compared to a Gruen estimate of 315,000. It is further estimated that the population will grow to about 425,000 by the year 2000. Other changes reviewed included the space needs for the Rancho Cucamonga contract law enforcement program and • the impact which the Chino Bills development will have on the size and location of law enforcement facilities needs. Suitability of the 6th and Mountain site After its submission, the Gruen report was reviewed by County departments, the Courts and the Board. That review revealed: -- The need for substantial additions to the current facilities would likely produce interim program disruption and an inefficient structure from a court administrative viewpoint. -- Given the total snnarc footngo required, it might bu economically advantaueous to relOea Le the entire complex Lo another loc,rlicn. -- The population cunturs served I.y the facility were moving furLhor from the Curront. si.tc, and the City of Ontario was concerned abutlL the potential increasing congestion ill the GLh and Mountain area, Given all these factors and U10 initial asso::sment of cost and • ef:icicncy of a MAIM faCll ay, a nc'4 uiLe for a Lao and Justice Center i:; justiiicd. SlY.L AND SCOPE OF U' ST l'i•.L111.. I�i,4J AND .(U5'NCH C!::!TEJ! Based on the updated test V,il I,:y ltu✓ and justice needs and • the projected service pOpuldLiOn, a space progr. -gym for the construction of a new Center is recommended to include 21 court and hearing roolas and sufficient space to house court related functions by 2000. Sheriff lata enforccment space and jail Looking facilities should be located else- where. These are discussed in detail below. Tile West valley area needs facilities for 25 judicial positions and related activities The judicial workload projections for the tiest valley area, including Chino, will require 25 Superior and Municipal court and hearing rooms for adults and juveniles by the •roar 2000. of this, 21 courtrooms sliould be provided in the now Center. This is four more than projected in the Gruen report. This increase is primarily due to a larger projected population and extending the planning period to the year 2000. This projection assumes some future relief by the diversion of traffic violations to the Department of :Motor Vehicles and some possible saving through non - judicial arbitration of snill • claims matters. Both there issues have been discussed by the Legislature. Offsetting this, however, is the increasingly long periods of court time required For felony preliminary hearings, appeals, and personal injury filings. No rcducticns in projected court space have been made to reflect possible major Statewide court reform or consolidation. The Chino County building currently houses one court for the Chino Municipal Court Division. The facility was constructod to provide four courtrooms in the building. The twenty -year workload projections indica Le that 25 tlest Valley court and hearing rooms will be necessary. 'rhi.s office recommends that part of that need be met by fully utilizing the four Chino courtrooms. Space is needed at the new Centcr for court related departments including thL Die LricL ALLOrncy, public Dctoo& r, Marshal, County Clcrl :, Ptobul. ion Dopar t;,lent, Public Adatioisl.ral.or and Sheriff. The original l,rogr,ua cnf. iin., l.od shout 17,000 square feet a:cnild be nucars,ny ba:;cd of cpurL workload prOjoctions. Givan Lhe revised program for added court space and the extended planning till'", Lhc spucu needs a:ill be approximately 62,000 square feet. It is likoly Lhal. in bpi ldiny for future Cal+aCity, a separate, • loan exln:nse office bpi Idiuy .Or M0::L 0f Lhune fuIIctioils may be more desirable. Such .i plan .will periAL the County to rnaF:e interim u,<_ of : om-, rpa,:c for other ivittcr, until court workload dcutaiul:: ;,quire 1l1a ::iml1m occupancy. In addition, a detailed rcviv.r of the activities of the support departments will be done to deturtnine if curtain functions can be performed more efficiently and economically in space other than at a major justice facility. The espandcd West Valley substation at 6th and Mountain will be aucauate ahrougit l.'Pl0 The hest Valley substation is being expanded this year as part of the interim space program p-esonted in the Gruen report. This will provide for 67 employees which will be adequate to serve an unincorporated area population of about 35,000 based on Sheriff workload. The expanded site at 6th and Mountain also provides a centralized booking facility to the West Valley police agencies. It had been anticipated that a new regional substation would be included in the proposed complex. As a result of the Rancho Cucamonga Sheriff law enforcement services contract, the City has indicated a strong desire to have space within its boundaries to house this function which eliminates the • need for a centrally located substation. 11ajor unincorporated area growth trends are in the Chino area. If these areas remain outside of cities, and territory not, adjacent to West valley cities is annexed over the next five to ten years, a permanent replacenent for the Nest valley sub- station in the Chino area may be the most efficient method for providing general law enforcement service. Such a decision need not be addressed at this time, however. West valley jail facilities will be adognite through 1990 The jail facility located adjacent to the substation at 6th and r•lountain currently can hold 25 prisoners. The intermediate expansion program recommended by Gruen will be completed later this year and will increase the prisoner capacity to 7J. Thy+ current prisuucr pohtilatioo avera ,.p.:s about 36 per day. It is prnjectoa that the exp.nndcd facility will be adayuatc as a booking cantor through 1990. butention space for prisoner:; appu,ari.m) in court will be built in the new Law and Juuticc Cunt-cr. This rccommonci,ttion assumes a con - Linucd prisoner Lr.tn9pu'tation nyslcm Lc Lwecn the Hest Valley and Ulu Central Jail thcoucih 1790. Occnusc of incrct,inq i;uunc•; tridu population, by 1990 additional prc-scnf.cnccd laic spncr. .;ilt be ne.:dat. L;mtcdiatc cans idu raC ion should be given to PLC ui:w and l.tcation for additional jail faCilitlOB. IC u is wade to construct a major !(07 -,.. pre - sentenced jail facility in the Pic::[ Val I,:y, tlmn police agency book. ings will bu accn. -.; orintcd at a nw•w jai and Cl:e bt1: • and Mountain facility will L". r,bandoncd. GEOGRI•.PHIC•1L LOCAT10N OF A WEST VALLEY LAW AND JLISTTCE CL::T.ER i.and prices in this area are high. CensuyumtLLy, if the County can find land already in public or:nership on which to build a Center, a savings of nearly a million dollars will be achieved. In reviewing possible sites, it wn:: determiucd that the County now owns a suitable undeveloped parcel of land at Cuc:amonga- Guasti Regional Park. The property was purchased with State Park Bond funds which restrict its use to recreational purposes. Reoresentatives of the County have met with the State Director of Parks and Recreation to explore the potential for using part of this sita for a Law and Justicu Center. The State Director initially indicated that he has a substantial con- cern with respoct to the alternative uses of park lands without providing replacement resources. However, he was also favorably impressed with the possibility that some features of a Law and Justice Center on a site adjacent to the park would be compatible with uses for the park program. To address the State's concerns, the Public ;corks Agency is preparing a detailed analysis proposing compatible uses of • a portion of the Cucamonga- GUasti site for the Law and Justice Center incorporating common parking, a development program which would emplisize landscaping and public recreation uses of the maximum amount of space, and the possible "trade offs" of recreational land for that which would be lost to building space. This site at 4th and Archibald in the City of Ontario offers significant advantages for the development of a Law and Justice Center. It is centrally located, and it has arterial access from the major blest Valley population centers. Also, it is in an area which is not yet fully developed and, therefore, could accommodate future court related private sector develop- ment. tie will report the details of a ..grccment ::ith the State Department of Parks and Recreation for use of this site prior to making any recouunmldations to incur contr,- ,ctoal obligations. DCVCLJP;;C:;T COST AND l'IHA1MC 4; PUTHIUtl In Jul:', the Hoard was pr.::u:ntCd a fin,ui,:inq report on both the I'*cst Valley L.na •u::l ,1u! ;LICu Gm[cr owl the proposed Ccun'.y Covr.rnnucnL Center. 'H.•! prulucted COSL for dovclop- • moral. (,f a tic:rt. Valley Los: rani .I U:a.iu: C,nlor was c::Limated at $:6.: mi,l Lioo pre:lica Lcd .at Lhe uriciin,tl dcvelupmenL plan 751 ,. pre -sen Lenced jail fac i.l ity it the Plcaa Val bzy, then police agency bookings will Le acc� �., �`dnlcd at a n.w* jaii and the 6th and 'mountain facility trill b. abandoned. GEOGR'•.PHICAL LOCAT10N OF it MIST VALLEY L.,M AND JUSTTCG CENTER Land prices in this aroa are high. Cnnsuyucn Lly, if the Count, can find land already in public olanership on which to build a Cunter, a savings of nearly a million dollars will be ElchieVC6. In reviewing possible sites, it war determined that the County now owns a sui Lable undeveloped parcel of land at Cucamonga - Guasti Regional Park. The property was purchased with State Park Bond funds which restrict its use to recreational purposes Representatives of the County have met with the State Director of Parks and Recreation to explore the potential for using part of this site for a Law and Justice Center. The State Director initially indicated that he has a substantial con- cern v:ith respect to the alternative uses of park lands without providing replacement resources. however, he was also favorably impressed with tine possibility that some features of a Law and Justice Center on a site adjacent to the park would be compatible with uses for the park program. . To address the State's concerns, the Public Works Agency is preparing a detailed analysis proposing compatible uses of a portion of the Cucamonga - Guasti site for the Law and Justice Center incorporating common parking, a development program which would empinsize landscaping and public recreation uses of the maximum amount of space, and the possible "trade offs" of recreational land for that which would be lost to building space. This site at 4th and Archibald in the City of Ontario offers significant advantages for the dove lnpment of a Law and Justice Center. It is centrally located, and it has arterial access from the major West Valley population centers. Alva, it is in an area which is not yet fully dcvelopcal and, therefore, could accommodate future court related private sector develop- ment. We will rcpOrt ChL details of an agreement with the State Department of Parks and Rccreation for use of this site prior to making any reconunendacions to incur contractual obligations. DEVRLONIENT COST AND 1- MANC1CG METHOUB In Ju Ly, the hoard war, pro:4untc.6 a fin;in.: inn report on both • the West YaLle7 L,-,w nml du:aicu R:n Lut .11111 the propo'ed Cc,MLY ❑ovcrno,enL (!etitt`1'. 'I ko pru)octc,l cost for dcvulop- monl oC a Flr.:;t ';alley Low ot; i Center was entimatcd at $26.2 million prodicalcd al Lhe urinival developtnetlt plan 161? as presented by Gruen and A::!;.wi.at.us, LuF. the alternative siLC of CU(:al0Onn park. The co::ts included planning and construe Lion o! :hu faci.li.tics alonq wi. tl: tho necessary costs to landscape ,Ind comple Le the park site at Cucamonga- Guasti. The revised program outlined in this report indicaLCS that 21 rather than 17 courts will be nuedel. Now estimates for the project have been developed reflecting this and other chrcges. A space program providing nbouL 270,000 snucre feet will cost an estimated $26.9 million. This includes all landscaping necessary to make the facility compatible with the adjacent park property and development of the remaining State bond purchased park land. A program of this scope needs to be financed at least oartiall; through long -term financing. It is possible. to use cash financing for many parts of the program. The current budget includes $1.8 million Lo begin the project. Of the total $26.9 million projected cost, we can cash finance all costs of an office structure, parking, landscaping and development of the park. 'These total $6.9 million. As outlined in the July report, this cash financing is possible because the Board has not obligated $10.1 million which was available at the end of 1977 -78. The construction cost for the courthouse building will be approximately $20 million based on escalated costs to 1980 -81. • It is recommended that this portion be financed by long -term bonds. The annual repayment obligation for the bonds would be about $1.6 million per year. Based on the County's past experience, it is estimated that this obligation could be met within a cash financed capital improvemen LS program which has been about $6 million annually. A long -term obligation of this amount can therefore lie acconunoda Led within the allowable e::penditure ceiling which may be imposed on us through Proposition •1. Creation of a joint powers authority will allow the sale of bonds at whot. is lir;el: Lo be the lowest intercrt rates. VL: should prncr:cd immociini_cly to (1Xploru Lhis and ally similar financing arrangements. pro,n:�r, ursLC,r. ,va; rupclr:c,LG:: The LJCSt Valley Law and ,Justice Ccn LCr will be the larciost cu:a;Lt'ncLion projdct. undo; La Y.ou by Lit-, Cr.un Ly. Allurnativc method:; of the pi,,,lram U, .i a::a n: Linlcly comL)lCtioll at the lowQuL pivaibla pl Lcu u: inq,,•t'al ivy.. '1'hcrc arc throu priucil,al mu Lhod!! whi,:h are ,nLLLin -d brlow: • ito 9 a. A convcn Lionel system n!.,:s au atchiLnct to prf -[.are • plans and Th-.!n the Ccun Cy supovvises the bidding and dircccl; manages the project. b. A performance plan and specification system rcrluires the bidding contractors to assumblc an architectural and mulincering tenm so that design and construction preparation proceed togo, her, thereby reducing project construction time. A construction manager,.cnt approach provides for tile County to hire a construction management firm s:ho works with the County, architect and contractor throughout the project. Tile construction manager is the County's representative with principal responsibility for controlling costs. The firm is usually paid a flat fee for this service. The County has previously used both the conventional and per- formance plan methods. The construction manager concept has recently gained substantial recognition in public entity projects and is widely used in the private sector. The construction management system assists in the preparation and review of bid packages as well as supervising the project during construction by employing various specialists through- out the term of the project. This tends to assure the County of rcceivi.ug the best techniques of construction, materials and scheduling. The cost of this method vari.os depending on the amount of service desired and is negotiated on a fixed fee basis rather than a percentage of the project cost. Using this and other negotiated incentives, the construction manager can often complete the program ahead of schedule and for less than originally estimated. In ari(l.ition, by using an outside firm, the County avoids the expense of adding specialized staff to supervise the project. LG: nm cc: Su!)erior Court llunicipal Cuur-C Counv; Clcrk Sheriff L)I8Lrict ALtorncv pul)lic Dc Cc!der • rcoi!.ttiol Plat !; h., l public Adn!inis U'aLor Law 6 JuuLicc Agency - public P:orks %gene_•• Audito'- Controller /70 If 'Id 01 r,, ,1111 CENTRAL Pamela J. Wright, 1'rVj,j(jjj Glen F 09den, < lerA R01, A M.,,e, 1h,,ibi,r SCHOOLDole E. Taylor, ljtvqj,,r LNILDREp Di... M DISTRICT fit. ALLOWED Norman C Gu;th, Ed. D, Snyrmravalrn! ).ha A. WCI., 9457 Foothill Boulevard Rancho Cucamonga, California 91730 Tel. 714-989-8541 CT! _ 1g60 L July 28, 1980 V PM TO: City and Governmental Officials, Concerned citizens, and organizations The Central School District Board of Trustees urges you and your organization to actively campaign against the proposed law and justice center being placed on the Cucamonga-Cuasti Park Site. If I may be of assistance to you, please do not hesitate to call. Norman C. Guith, Ed. D. Superintendent NCG:vs Enclosure 1-71 • CENTRAL SCHOOL CUCAMONGA JUNIOR HIGH SCHOOL 1)0NA MERCED SCHOOL VALLE VISTA SCHOOL 7935 Archibald Ave. 7611 Hellman Aye. 10333 Palo Alto St. 7727 Valle Vista Drive Tel. 714-987-2541 Tel. 714987-1788 Tel. 714-980.1600 Tel. 714981 .8697 CENTRAL SCHOOL DISTRICT 9457 Foothill Boulevard Rancho Cucamonga, California Resolution No. 1 (80 -81) PARK USE WHEREAS, parks and recreation programs vastly enhance our urban environment; and WHEREAS, leisure and open spaces in both urban and rural areas are a necessity to life, since they have a substantial effect on mental and physical health, economic productivity and social problems; and WHEREAS, recreation programs can particularly aid in the amelioration of prob- lems such as juvenile delinquency and senior citizens in transition; and WHEREAS, children, adults, and seniors use Cucamonga - Guasti Regional Park, San Bernardino County, at a very low cost; and WHEREAS, Cucamonga - Guasti Regional Park, San Bernardino County; was purchased with State Beach -Park Recreational and Historical Facilities Bond • Act of 1974 funds with the intended use as a county regional park; and WHEREAS, open space is rapidly disappearing due to the phenominal growth rate in the West End of San Bernardino County; and WHEREAS, the Cucamonga - Guasti Regional Park, San Bernardino County, is unique in characteristics and facilities in the general vicinity; and WHEREAS, Cucamonga - Guasti Regional Park, San Bernardino County, was developed as, and is restricted to, park and recreational use, and use for any other purpose would forever preclude the intended use; and WHEREAS, a regional park greatly enhances energy conservation by requiring less travel to more distant park and recreational facilities by citizens; and WHEREAS, the County of San Bernardino is proposing that 16.56 acres of Cucamonga - Guasti Regional Park, San Bernardino County, be designated as a site for the proposed West Valley Law and Justice Center; and WHEREAS, the purposes of the proposed Law and Justice Center are inconsistent with parks and recreation facilities, and WHEREAS, placement of the proposed West Valley Law and Justice Center adjacent to the Cucamonga - Guasti Regional Park, San Bernardino County, will • bring the criminal element and their associates to the park facility; and /%.2 z Resolution No. 1 (80 -81) Page 2 WHEREAS, parking facilities made available-to the park by the Law and Justice Center are a minuscule incentive in return for use of park land in the proposed location; and WHEREAS, the proposed high -rise complex is inconsistent with a park setting; and WHEREAS, our county officials are responsible for protecting irreplaceable re- sources for use by future generations; now, THEREFORE, be it resolved that the Central School District strongly urges the San Bernardino County Board of Supervisors to consider alternate locations for the placement of the proposed West Valley Law and Justice Center. Passed and Adopted this 24th day of July , 1980, by the Central School District Board of Trustees. ember /� Member �ereta ry to the Board /73 W • • A program of regular preventative maintenance in addition to the factory standard twelve month warranty will be preformed by the dealer. Every 120 hours or 30 days, whichever occurs first, a service report will be made. All work will be for labor and portal rates only. Parts, oil and filters will be either supplied by the City or furnished by the dealer and billed at fair market value. Work will be done at the City's corporate yard, 111 N. Grove, Upland. The dealer will fill in the attached form which will be used to evaluate maintenance charges. Alternate detailed proposals will be entertained in addition to this form. GENERAL SWEEPER • Check for air leaks in cab pack Check electrical connections Check low air light and buzzer CHASSIS Check steering Check throttle operation _ Check transmission operation, replace ATF at factory recommended intervals Check brake operation Check all V -Belts for tension and wear Check all hoses and clamps Check air cleaner . Check all air lines for leaks Check hydraulic hoses, clamps and filters . SWEEPER ENGINER COMPARTMENT Check hydraulic pump Check fuel lines, replace fuel filter at facotry recommended interval Check clutch for proper operation, adjust if needed Chq,V g,,,,,4 rahle Check water pump and hoses Check impellor fan Check all body and fan seals Check air cleaner, replace at factory recommended interval Check oil and oil filter, replace at factory recommended interval _ Check bevel and transfer gear boxes, replace oil at factory recommended interval Check rotaflex coupling and driveline Check all V -Belts for tension and wear, adjust if needed Cheek engine RPM 2300 3 5'" WATER SPRAY SYSTEM Check suction screen, stainer and nozzle Check tank and pump drains Check and adjust spray pump V -Belt Check pump and volume controls Check relief valve SWEEPING COMPONENT INSPECTION Check suction nozzle, tires, rubbers Check nozzle trunking and inlet tubes Check hydraulic tank oil level, fill accordingly Check gutterbroom latch and suspension Check gutterbroom tilt and angle. Check vacuum efficiency Check extension broom Check operation of gutterbroom motor. Check operation of motor Check hopper interior coating and screen Check rear door lock and seal Check hose extensions To perform the above service, the City can reasonably expect to pay $ SEE ATTACHEDper month. ,Additionally, cost for replacement parts at current dollar figures are as follows: Gutter Broom $ 55.00 Extension Broom $ 178.50 -POLY, $198.50 -WIRE Pneumatic Solenoids $ 275.72 COMPLETE VALVE ASSEMBLY ' Nozzle Trunking $ 248.00 Rear Door Seal $ 172.48 Impellor Fan $ 876.26 Water Pump $ 133.50 COMPLETE REPAIR KIT. CITY OF RANCHO CUCAMONGA CITY COUNCIL MEETING Regular Meeting 1. CALL TO ORDER The regular meeting of the City Council was held in the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, August 6, 1980. The meeting was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the pledge to the flag. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palumbo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren Wasserman; Assistant City Manager, Jim Robinson; City Attorney, Sam Crowe; Director of Community Development, .lack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; Director of Communitv Services, Bill Holley; and City Planner, Barry Hogan. Approval of Minutes: Frost requested the following change: Page 1 under announcements, item b should be as follows: "Mayor Schlosser announced that pre- liminary funding far a Rancho Cucamonga high school and elementary school had been approved by the State." Mikels requested that on page 5, sixth paragraph, last sentence should be as follows: Councilman Mikels stressed that cost assessments should be distributed equitably." Motion: Moved by Frost, seconded by Palumbo to approve the minutes of July 16. 1980 as corrected. Motion carried 5 -0. 2. ANNOUNCEMENTS a. Schlosser requested that something be done with the honor roll on Amethyst in Alta Loma; it was being destroyed. Council directed that this be placed on the next Historical Commission agenda to search out and make a recommendation to Council for a new location. b. Neighborhood Block Watch would be having a picnic on August 10 in the Vineyard Park from 2 to 6 p.m. At 3 o'clock there will be a discussion led by Tom Tyrrell of the Rancho Cucamonga Sheriff's Substation. c. On Sunday, August 11 from 11 a.m. to 3 p.m. there would be a program by the Sun Power Systems of Arizona at the Vangard Center, 9209 Archibald Avenue. d. On Saturday, August 16 at 10 a.m. there would be a groundbreaking ceremony for the North Town improvement project. e. Council had received a letter from Don Hardy, president of the Chamber of Commerce, with information regarding the Sister City Program. It was recommended that Hamilton, New Zealand be a sister city. Council felt this should be looked into further. I. Councilman Mikels stated he had attended a SANBAG meeting and.outlined the city's position on the commuter rail line. He said he talked with Jack Petty, Caltrans District Director, to have someone come to the September 3rd Council meeting to make a presentation and answer questions. Mikels stated that there were several other cities that took similar positions as we did. g. Frost announced that on August 15 the Southern California Gas Company would be presenting an award to Schlosser Forge for their outstanding energy conservation efforts. August 6, 1980 Page 2 h. Councilman Frost suggested that the Council direct the Planning Commission to appoint one of its members to serve on the BEST (Build Essential Schools Today) Committee. Council concurred with the suggestion. 1. Mr. Wasserman requested item 1 on the Consent Calendar be removed to item 6E of the City Manager's staff reports. Council concurred. j. Councilman Palumbo requested that Consent Calendar items f, h, i, j, and n be removed for further discussion. Councilman Frost requested Consent Calendar item e be removed for discussion, and Councilman Bridge requested that item m be removed for discussion. 3. CONSENT CALENDAR. Motion: Moved by Mikels, seconded by Palombo to approve the Consent Calendar with items e, f, h, i, j, 1, m, and n deleted. Motion carried 5 -0 with Frost abstaining on item b. The Consent Calendar as follows: a. Approval of Warrants - Register No. 80 -6 -80 for $238,920.80. b. Award Carnelian Channel Design Contract. Recommendation of execution of design contract with L.D. King Engineering for the design of the Carnelian Channel storm drain. c. Rental of Maintenance Facility House. It is recommended that the Council approve .he rental of the Maintenance Facility house to the City Maintenance Supervisor for $100 per month. The Supervisor will be responsible for all maintenance of the facility, security, property management and will be available to receive and either dispatch or make all emergency repairs. d. Release of the following bonds: Parcel Map 4594: Release of bonds. Located at the northeast corner of Jersey Boulevard and Haven Avenue. Owner: C S L Homes. The Cucamonga County Water District approved installation of the sanitary sewer and water systems on April 8, 1980. Performance Bond (water) $ 14,724 Performance Bond (sewer) 13,390 Parcel Mao 4320: Release of bonds. Located at 9th Street and Hellman Avenue McKinley Industrial Park) Owner: A. H. Reiter Development Co. The road con- struction has been approved as being in accordance with the road improvement plans, and it is recommended that the City Council accept the roads. Performance Bond (road) $ 53,000 Tract 9521: Release of bonds. Located on Archibald Avenue, north of Hillside. Owner: Lewis Homes of California. The road construction has been approved as being in accordance with the road improvement plans, and it is recommended that the City Counr,i.l accept the roads. Performance Bond (road) $150,000 Tract 9427: Release of bonds. Located on the north and south sides of Banyan between Hermosa Avenue and Haven Avenue. Owner: Lesney /Wilshire Properties. Performance Bond (landscaping) $ 12,000 'Tract 9446: Release of bonds. Located on the south side of Ninth Street, west of Baker Avenue, north of the A.T. 6 S.F. Railroad. Owner: Kingsway Con- struction Company. The road construction has been approved as being in accord- ance wita the road improvement plans, and it is recommended that the City Council accept the roads. performance Bond (road) $216,000 Director Review 76 -56: Located at 12940 Whittram. Owner: Second. Colombero. Release of portion of Improvement Security Instrument $ 6,000 Tract 9366: Release of bonds. Located north of 19th Street and west of Haven Avenue. Owner: Valley Verde Development Corp. The County of San Bernardino has received final monumentation for Tracr. 9370 and has requested the City Council to authorize release of the cash staking bond. Cash staking bond $ 1.400 Tract 9370: Release of bond. Located north of 19th Street and westerly of Haven Avenue. Owner: Valle Verde Development Corp. The County of San Bernardino has received final monumentation for Tract 9370 and has requested the City Council to authorize release of the cash staking bond. Cash staking bond $ 1,750 Tract 9429: Release of bond. Located north of 19th Street and westerly of Haven Avenue. Owner: Valle Verde Development Corp. The County of San Bernardino has received final monumentation for Tract 9429 and has requested the City Council to authorize release of the cash staking bond. Cash Staking Bond $ 1,450 ec-- Yeeneien- ef- Eenter- Avenge. - -- Eel- Pnb }fe- Hearins -£er- September- } ;q- }98H -fer in teneien- ef- vaent }ng- enaler }r -6- feel- ef- Eeneer- Avenge - between- Feeeh } } }- Ben }evard end- Ehereh- Street. Item removed for discussion. Item removed for discussion. g. Tract 9637: Acceptance of Map, Bonds, and Agreement and Annexation into Maintenance District No. 1. Recommendation that the City Council adopt a resolution approving the tract map and accept the bonds and agreement; plus allowing annexation into Maintenance District No. 1 for exterior landscaping. RESOLUTION NO. 80 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREE- MENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9637, RESOLUTION NO. 80 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. I TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION N0, 80 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. I TO LANDSCAPE MAINTENANCE DISTRICT N0, 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. he - -A -Re se} ae ien- reeegn4r4ng- ehe- firae- meyer -e£ -Rene he- 6aeemenge. (Removed for discussion) RESOLUTION NO. 80 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING JAMES C. FROST AS RANCHO CUCAMONGA'S FIRST MAYOR. is - -A -Rene }Helen- eemmendins- }eera- 3enea- (Removed for discussion). RESOLUTION NO. 80 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMENDING LAURA JONES FOR HER CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING . } - - -A -Rene }Helen- eemmend£ng-derge- 6ereie. (Removed for discussion). RESOLUTION NO. 80 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMENDING JORGE GARCIA FOR HIS CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COMMISSION. k. Proclamation for City Paid Deferred Compensation. It is necessary to adopt the attached prolamation modifying the City's contract with Glendale Federal in order to provide the Council approved deferred compensation benefit to Executive Management and Mid - management employees. }___Hed £ fieae£en -ee- 64th- 9ffieea. (Removed for discussion). -- 6- Pe < -f£iei renal- Pnrt4e £pnt4en- Adv4serr- Eeimn4tlee�. Request to review terms of appointment for current C -Pac members. (Item removed for discussion). n--- Re<emmendatien- te- Adepe -£ nip} erment- Agreemene- w }eh- 6 }ev- Hertegee- ee- Rer4aed- (Item removed for discussion). 0. Release of T.O.P. Bond for RRA, Inc. Tract 9329: T.O.P. Bond $ 2,000 p. Refer claim for damages in the amount of $31.50 by Dayle S. Scott to the City Attorney for handling. q. Refer claim for damages in the amount of $113,000 by George L. Williams to the City Attorney for handling. r. Refer claim for damages in the amount of $500,000 by David Lee Nittler to the City Attorney for handling. DInCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR: Item e. Vacation of Center Avenue. Frost commented that the buffer on the east side of Center Avenue should remain and that staff should look at this more closely. He expressed that this should not be vacated. Bridge also concurred and expressed that the landscaping should remain. Motion: Moved by Frost, seconded by Bridge to approve the setting of the public hearing for September 17 for the intention of vaca- ting the easterly b feet of Center Avenue between Foothill Boulevard and Church Street. M,tion carried 5 -0. .ut NO. 80 -,) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CENTER AVENUE AS SHOWN ON MAP NO. V -008 ON FILE IN THE OFFICE OF THE CITY CLERK. Item f: Pipe Line License. Palomho questioned why this was necessary. Mr. Hobbs stated that it needed to be maintained and if the city did not, there would not be anyone else who would. Mr. Crowe concurred that this was true; the responsibility would be the city's. Motion: Moved by Palombo, seconded by Frost to approve the maintenance of the pipe line and authorize the City Engineer to sign the license with Sante Fe Railroad, and approving Resolution No. 80 -76. Motion carried 5 -0. RESOLUTION NO. 80 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PIPE LINE LICENSE. Item h: A Resolution Recognizing the First Mayor of Rancho C among . Palombo stated he had this removed in order for the Resolution to be read -in full. City Clerk Wasserman read Resolution No. 80 -72 in full. Motion: Moved by Palombo, seconded by Mikels to approve Resolution No, 80 -72. Motion carried 4 -0 -0 -1 (Frost abstaining). RESOLUTION NO. 80 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING JAMES C. FROST AS RANCHO CUCAMONGA'S FIRST MAYOR. Item f and is Resolutions commending Lauren Jones and Jorge Garcia. Palombo said he wanted these read in full also. City Clerk Wasserman read Resolution No. 80 -73 and Resolution No. 80 -74 in full. Motion: Moved by Mikels, seconded by Palombo to approve Resolution Nos. 80 -73 and 80 -74. Motion carried 5 -0. RESOLUTION NO. 80 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMENDING LAURA JONES FOR HER CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COMMISSION. RESOLUTION NO. 80 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMENDING JORGE GARCIA FOR HIS CONTRIBUTION AS PLANNING COMMISSIONER ON THE CITY'S FIRST PLANNING COMMISSION. Item m: C -Pac (Citizens' Participation Advisory Committee). The agenda stated Council was to "review" terms of appointment for current C -Pac members. Mr. Holley explained to Council what needed to be done. He said Council had recommended pre- viously to continue the C -Pac Committee. It was necessary to make new appointments since the terms of appointment for the present C -Pac Committee ended July 31. Motion: Moved by Bridge, seconded by Mikels to appoint the existing members to new terms and to write letters expressing appreciation for their work. Motion carried 5 -0. Members reappointed to the C -Pac Committee: Nacho Gracia, Chairman Ramon Rodriquez, Vice Chairman Celia Martinez, Secretary Catalina Montez Enrique Vasquez Arturo Ayala Jenny Gonzales Item n: Recommendation to Adopt Employment AFreement with City Manager as revised. Palombo stated he had some questi . �on7 regarding the agreement and desired to call an Executive Session. Council concurred this should be done at the close of the meeting. 4. PUBLIC HEARINGS. 4A, POSTPONEMENT OF STREET IMPROVEMENTS AS A CONDITION OF SUBDIVISION AND DEVELOPMENT - (REVISION TO ORDINANCE NOS 28 AND 58). The proposed Ordinances will allow the Council to postpone street improvements for developed parcels of a subdivison or under such other cases where con- struction would normally be required but is impractical at the current time In all cases, a lien agreement will be required to insure future construction. City Clerk Wasserman read the title of Ordinance No. 28 -A. ORDINANCE NO. 28 -A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION (f) OF SECTION 2.12 OF ORDINANCE NO. 28 TO PRO- VIDE CERTAIN EXCEPTIONS TO THE REOUIRE4ENT THAT ALL OFF -SITE IMPROVEMENTS BE CONSTRUCTED WITHIN A PERIOD OF NINE (9) MONTHS FOLLOWING THE RECORDA- TION OF A PARCEL MAP FOR EACH LOT UPON WHICH THERE EXISTS A BUILDING OR OTHER USABLE STRUCTURE AT THE TIME OF SUCH RECORDATION. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried 5 -0. Mayor opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Mikels, seconded by Palombo to approve Ordinance No. 28 -A. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. City Clerk Wasserman read the title of Ordinance No. 58 -B. ORDINANCE NO. 58 -B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 58 TO PERMIT THE USE OF LIEN AGREEMENTS AS SECURITY FOR THE FUTURE CONSTRUCTION OF OFF -SITE IMPROVEMENTS, Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 5 -0. Mayor opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Palombo, seconded by Mikels to approve Ordinance No. 58 -B. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. 4B. REFUSE CONTRACT AND ORDINANCE. Harry Empey presented the staff report for a refuse contract and ordinance for the purpose of awarding a franchise for refuse service in the City of Rancho Cucamonga. Councilman Mikels questioned Section 4 of Ordinance No. 117 regarding the 100 percent non - payment penalty charge. Francis Passarelli of Rancho Disposal explained the 100 percent penalty. He said the average refuse bill is approximately five dollars per month, therefore, it would not be a large amount a person would be paying. This was to be an incentive for people to pay. This was a normal procedure for refuse companies. Mr. Empey suggested that this section be removed and be considered with the resolution establishing fees. Also, addressing Council were: Jim Avakian and Phil Gentile, The City Attorney suggested the following should be inserted in Section 4: "A penalty shall be determined by Resolution of the City Council from time -to -time establishing a charge for those who fail to pay the regular charge within 30 days following the date on which they are first billed thereof." Council concurred with this change for Section 4 of Ordinance No. 117 Councilman Mikels questioned Section 5 as to how it related to vacations. After some discussion, Council concurred in changing the word "month" with the word "week ". City Clerk Wasserman read the title of Ordinance No. 117. ORDINANCE NO. 117 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE CONTROL. COLLECTION AND DISPOSAL OF REFUSE. Motion: Moved by Palombo, seconded by Frost to waive further reading. Motion carried 5 -0. Mayor opened the meeting for public hearing. Addressing Council was Robert Sergel, 7771 Matterhorn, Cucamonga. Mr. Sergel had complaints and questions re- garding the refuse service. After some discussion, Mayor Schlosser suggested to Mr. Sergel that the line of questioning was not pertinent to the ordinance and directed Mr. Sergel to meet with himself and Mr. Wasserman the next day to help resolve his problems. There being no further response from the audience, Mayor Schlosser closed the public hearing. He set August 20 for second reading of Ordinance No. 117. Mayor called a recess at 8:45 p.m. Council reconvened at 9:00 p.m. with all members of the Council and staff present. 4C. GRADING REVIEW ORDINANCE. Staff report by Jerry Grant, Building Official. The Ordinance is the first part of a three -part program for development of grading control. The Ordinance sets forth policy and guidelines for review of grading plans, creates a staff Grading Committee, and provides for establishment of grading standards. City Clerk Wasserman read the title of Ordinance No. 118. ORDINANCE NO. 118 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A GRADING COMMITTEE, PROVIDING FOR DEVELOP- MENT OF GRADING STANDARDS, AND ESTABLISHING POLICIES FOR REVIEW OF GRADING PLANS. Motion: Moved by Palombo, seconded by Frost to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. Barry Hogan, City Planner, presented a slide program which demonstrated some standards they would be trying to achieve. Councilman Mikels questioned Section 7 of Ordinance No. 118 and requested that the City Council approve any waivers. After some discussion, .lack Lam explained that this section refers only to applications or submittal materials and not to grading practices. Doug Hone, Hone and Associates, also stated that this refers to preliminary files. Mikels withdrew his request saying that he was premature at this stage of the program and would deal with the subject when we reached the second or third stage of the program. There being no further discussion from the audience, the Mayor closed the public bearing. Mayor Schlosser set August 20 for second reading of Ordinance No. 118. 4D. REVISION TO THE STORM DRAIN FEE ORDINANCE (ORDINANCE NO. 75). Staff re- port by Lloyd Hobbs. The purpose of the Ordinance is to remove the one acre minimum drainage fee on parcels under one acre in size. City Clerk Wasserman read title of Ordinance No. 75 -A. ORDINANCE NO. 75 -A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 4(c)(1) OF ORDINANCE NO. 75, Motion: Moved by Palombo, seconded by Frost to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mayor Schlosser set August 20 for second reading. 4E. ZONING ORDINANCE AMENDMENT NO. 80 -01 AND ENVIRONMENTAL ASSESSMENT. Staff report by Barry Hogan. Through the work of a Condominium Conversion Ordinance Committee composed of the Building Industry, Chamber of Commerce, area developers, and the Planning Commission an ordinance was developed. City Clerk Wasserman read the title of Ordinance No. 119. ORDINANCE NO. 119 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. Motion: 'Moved by Frost, seconded by Bridge to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mayor Schlosser set August 20 for second reading of Ordinance No. 119. 5. CITY MANAGER'S STAFF REPORT, 5A. AWARD OF STREET SWEEPER CONTRACT. Staff report by Lloyd Hobbs. Bids had been received on July 23 for a vacuum street sweeper to be acquired for use in the city's street maintenance program. The Crook Company was the low bidder at $70,725 with an Elgin Whirlwind II sweeper. The Hacker Equipment Company was second at $71,292.42 bid with the Ecolotec Vacu -sweep Series 400. Staff was re- questing Council to award the bid. Motion: Moved by Bridge, seconded by Frost to award the bid to The Crook Company for the Whirlwind IT sweeper at $70,725.00. Motion carried 5 -0. A Start report by Jack Lam. Bridge said he felt this was a good idea, however, the timing was wrong since there was not enough staff time to oversee this. He felt this should be put off for several months until the completion of the General Plan. Motion: Moved by Bridge, seconded by Mikels to defer the creating of a Financial Task Force until after the General Plan was adopted. Jeff Sceranka stated that this was very important and should be started now. Kay Matlock, Lewis Homes, also expressed this should be started soon and encouraged Council to do so. Bridge said after further consideration, he felt this should be looked into further. He withdrew his motion and stated this should be considered on the August 20 City Council agenda. Mikels concurred and withdrew his second of the motion. Wasserman said that several things needed to be considered if Council desired to proceed with this such as a schedule, membership, goals, etc. Council concurred. Motion: Moved by Palumbo, seconded by Bridge to bring the request to create a financial task force back for consideration on August 20. Motion carried 5 -0. 10 5C. STATE CONSTITUTIONAL AMENDMENT N0, 26 Bill Holley, Community Services Director, made a report to Council concerning SCA No. 26. He said he felt this was the most significant legislation to occur in California since Proposition 13. SCA No. 26 will permit the local voters to approve general obligation bonds for capital improvements within their area for projects such as parks, libraries, storm drain systems, bridges, etc. Approvals must be by a 2/3 vote. Mr. Holley said he was not seeking for Council's review or endorsement at this time. He was merely apprising Council of this amendment. Council thanked Mr. Holley for the report. 5D. PROPOSED LAW AND JUSTICE CENTER. Staff report by Lauren Wasserman The County Board of Supervisors has approved the concept of constructing a court facility adjacent to the Guasti Regional Park, Mr. Wasserman stated that there was no doubt concerning the need for the court facility, only the location of the facility. After some discussion, Council concurred that they would not take a position at this time. However, there was to be a meeting the following week regarding this matter. Council felt they should attend this meeting first and to continue this discussion at the August 20 meeting. 5E. MODIFICATIONS TO CITY OFFICES. Staff report by Lauren Wasserman. Bids had been received from four companies for modifications to the city offices. The lowest bidder was Darac Construction Company. However, when their bid was received, it was minus a signature. Mr. Grant called them and asked them to sign the bid. When the bid was return, figures had been changed. Therefore, staff was requesting that this bid be rejected. Council concurred, and rejected the bid. The next lowest bidder was Jon Young Construction Company at $23,760. This amount was considerably higher than what Council had previously allocated for the work. Council looked at the bids and plans of the modifications. Motion: Moved by Frost, seconded by Bridge to award the bid for modifications to the city offices to Jon Young Construction Company for the amount of $23,760. Funds are available through the general fund as a result of increases in revenue sharing funds. Motion carried 5-0. 7. CITY ATTORNEY'S REPORTS. There were none Council adjourned at 11:07 p.m. to an Executive Session. The meeting reconvened at 11:45 p.m. Item n of the Consent Calendar: ADOPTION OF EMPLOYMENT AGREEMENT WITH CITY MANAGER. Motion: Moved by Palombo, seconded by Frost to approve the Employment Agreement with the City Manager. Motion carried 5 -0. 8. ADJOURNMENT Motion: Moved by Palomho, seconded by Bridge to adjourn the meeting. Motion carried 5 -0. The meeting adjourned at 11:50 p.m. Respectfully submitted, cspl�I"'C'/" (C"' C7CZELt Beverly Au[helet Deputy City Clerk