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HomeMy WebLinkAbout1981/06/03 - Agenda Packetc ?. CITY OF j° CI'TY COUNCIL AGE I NDA U�Y 1977 June 3, 1981 All items submitted for the City Council Agenda must be in writing. The ,ead- line for submitting these 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. Flag Salute. B. Roll Call: Frost 1 Mikels__4-, Palombo-*.-, Bridge, and Schlosser . C. Appi wal of Minutes: May 6 and May 20, 1981. If 1.4 �- v • 2. ANNOUNCEMENTS. a. Historical Commission: June 9 at 7:00 p.m. - Lion's Park Community Center, 9161 Base Line Road. 3. CONSENT CALENDAR. The following Consent Calendar items are expected to be routine and noncontro- versial. They will be acted upon by the Council at one time without discussion. A. Approval of Warrants, Register No. 81 -6 -3 for $184,738.57. 1 B. Alcoholic Beverage License Application for James W. 3 Blalock, The Spirit Shoppe, 8760 Base Line. Off -Sale Gen. C. Alcoholic Beverage License Application for Lucky Stores, 4 Inc., 9080 Foothill Blvd. Off Sale General. D. Approval of resolution establishing fee increases for dog 5 licenses. RESOLUTION NO. 81 -79 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A FEE SCHEDULE FOR THE LICENSING OF DOGS IN THE CITY OF RANCHO CUCAMONGA. • 1 City Council Agenda -2- E. Vineyard Avenue Right -of -Entry at Santa Fe Railway. It is recommended that Council approve the license submitted by Santa Fe Railroad and pay the requested $150 processing fee. RESOLUTION NO. 81 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A RIGHT -OF -ENTRY LICENSE WITH THE SANTA FE RAIL- WAY COMPANY. F. Acceptance of Parcel Map 5767 - Fink. Located on the west side of Dakota, east of Haven Avenue. RESOLUTION NO. 81 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 5767. G. Acceptance of Parcel Map 5803, Agreements, and Security - Hone and Associates. Located at the southwest corner of Haven Avenue and Lemon Avenue. RESOLUTION NO. 81 -82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 5803. IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. H. Approval to quitclaim vehicular access and all rights for construction and maintenance of storm drain for Parcel Map 5803 located at Lemon and Haven Avenues. RESOLUTION NO. 81 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR QUITCLAIM OF VEHICULAR ACCESS AND ALL RIGHTS FOR CON- STRUCTION AND MAINTENANCE OF STORM DRAIN PRE- VIOUSLY DEDICATED AT LEMON AND HAVEN AVENUES. I. Acceptance of Parcel Map 6070 - Hughes Development Corp. Located at the southeast corner of Highland and Sapphire. RESOLUTION NO. 81 -84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 6070. June 3, 1981 6 14 15 16 17 24 25 26 27 • City Council Agenda -3- June 3, 1981 J. Acceptance of Parcel Map 6246 - Immanuel Baptist Church Located on the south side of 19th Street, east of Amethyst. RESOLUTION NO. 81 -85 A RESOLUTION OF THE CITY (OUNCIL OF THE CITY OF RANCHO CUCAMONGA', CALIFORNIA, APPROVING PARCEL MAP 6246. 29 K. Forward Claim by James V. Galluci, Jr. to the CAy Attorney, 31 for handling. L. Review of Victoria Drainage Master Plan. Authorization 32 to retain Bill Mann 8 Assoc. to review and make recom- mendation on the drainage master plan for the Victoria Planned Community. M. Roberti - Z'berg Block Grant Application for 1980 -81. Approve grant funds for Lion's Park Community Center exterior lighting. • RESOLUTION NO. 81 -86 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR LION'S PARK COMMUNITY CENTER EXTERIOR SAFETY ILLUMINATION. N. Fee Increase and Amending Resolution No. 79 -1 for Wide 40 and Heavy Vehicle Load Permit, House Moving Permit, and Annual Permit. RESOLUTION NO. 79 -1 -A 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 79 -1, SECTION 4.0. 0. Lease and Royalty Agreement for use of Computer Program for Fiscal Model. Request approval of agreement. P. Set Public Hearing Date of June 17, 1981 for P.D. 80 -01 (TT 10762)- Acacia. A Planned Development of 84 condo- miniums on 9J6 acres of land, zoned for R -3, located at the southwest corner of Baker Avenue and Foothill Blvd. 10 APN 207- 191 -31 and 40. City Council Agenda LJ -4- Q. Release of Bonds and Notice of Completion: Tract 9444 - located at Aemthyst and Banyan Streets. Owner: Nubank International, Inc. Monument Bond $2,200 June 3, 1981 Site Approval No. W91 -55 - located at the southeast corner of Beryl and Banyan Streets (St. Peter and St. Paul Catholic Church). Owner: Earle T. Casler & Earle T. Casler, Inc. AJV. Faithful Performance Bond (road) $34,6)0 4. PUBLIC HEARINGS 52 A. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT N0. 81 -01. Amending the - permitted uses, a rng a minimum dwelling width and depth, and requiring a design review for all dwellings; to implement SB 1960, • B. [J ORDINANCE NO. 123 -A (second reading) AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.024A OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE NO. 123 BY ADDING SECTIONS 61.024(a)(6), 61.024(9), AND 61.024(h) TO PROVIDE FOR MOBILEHOMES WITHIN THE R -1 ZONE, MINIMUM DWELLING UNIT WIDTHS, AND DESIGN RE- VIEW FOR ALL RESIDCNTIAL DWELLINGS. homes when placed on individual lots to be subject to the same school fees as traditional single family homes in all the school districts. ORDINANCE NO. 69 -B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 16.24 FINANCING FOR INTERIM SCHOOLS, SECTION 16.24.080 AMOUNT OF FEES, TO REQUIRE THAT MOBILEHOMES ON SINGLE FAMILY LOTS BE CLASSI- FIED AS A SINGLE - FAMILY DWELLING TO PAY THE ESTABLISHED FEE FOR SINGLE- FAMILY DWELLINGS. 54 55 E7, C City Council Agenda -5- June 3, 1981 • C. AMENDMENT TO MUNICIPAL CODE> CHAPTER 3.24, PARKS AND RECREATION TAX. The or would require mo ilehomes to be subject to the same park and recreation tax as traditional single family homes when placed on individual lets. ORDINANCE NO. 8 -C (second reading) > AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 3.24 PARKS AND RECREATION TAX, SECTION 3.24.040 TAX - AMOUNT, TO REQUIRE A MOBILEHOME UNIT ON INDIVI- DUAL LOTS TO PAY THE PARK TAX EQUAL TO A SINGLE FAMILY DWELLING, $300. D. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -14 HE ROBERTS GROUP. A change o zone from - - 5`60-711 ngle family residential) to R -3 -PD (mulle family /planned tip development) for the development of a planned development consisting of 76 condominiums on 6.4 acres of land located on the west side of Hermosa Street approximately 330 feet north of 19th Street. APN 202- 171 -20 and 38. ORDINANCE NO. 146 (second reading) 59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 171 -20 AND 38 FROM R -1 -8,500 TO R -3 -PD FOR 6.4 ACRES OF LAND LOCATED ON THE WEST SIDE OF HERMOSA AVENUE, NORTH OF 19TH STREET. E. All AMENDMENT TO CITY COUNCIL RESOLUTION NO. 79 -7M1 THE 60 RESIDENTIAL ASSESSMENT SYS E Amending definition of Affordable Housing in accordance with the adopted General Plan. RESOLUTION N0. 79 -74 -A 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 5 OF CITY COUNCIL RESOLUTION NO. 79 -74 THE DEFINITION OF AFFORDABLE HOUSING IN THE RESIDENTIAL ASSESSMENT SYSTEM TO BE CONSISTENT WITH THE ADOPTED GENERAL PLAN. F. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 63 811 -02, n amendment to the Growth Management Plan, amending the Rancho Cucamonga Municipal Code Chapter 17.04 Section 71.04.080 to eliminate the tri- annual review period and allow projects to be filed on an open basis. City Council Agenda -6- June 3, 1981 • ORDINANCE NO. 147 (first reading) 67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 17.04, GROWTH MANAGEMENT PLAN, SECTION 17.04.080 TO ELIMINATE THE TRI- ANNUAL REVIEW PERIODS. 5. CITY MANAGER'S STAFF REPORTS. A. The Rancho Cucamonga Chamber of Commerce has requested financial assistance from the City in the amount of $24,000. The Chamber has proposed an agreement between the City and Chamber to provide specific services to the City. Representatives of the Chamber of Commerce Board of Dir :ctors will be in attendance at the City Council meetin; to present the proposal. In view of the City's critical budget situation, combined with the uncertainty of pending state legislation regard- ing local subventions, it is recommended that no action be taken at this time. 6. CITY ATTORNEY'S REPORTS. 7. ADJOURNMENT. 11 The regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lion's Park Community Center, 9161 Base Line Road, on Wednesday, June 3, 1981. The meeting was called to order at 7:04 p.m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Jim Robinson; Deputy City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hobbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: The following correction was requested by Councilman Palombo on the May 20 minutes, page 10, second paragraph: His reason for not voting in favor of Resolution No. 81 -78 should state that he was not in favor since it lacked clear definition as to where the funding would be coming from as far as the city was concerned. Motion: Moved by Palombo, seconded by Frost to approve the minutes of May 6 and Mav 20, 1981 as corrected. Motion carried unanimously 5 -0. 2. ANNOCNCF.MENTS a. Mr. Wasserman presented an oral update on the DEer Creek project. He said the cities had come to an agreement, and this would be presented to the Board of Supervisors on Monday, Jvne 8, for approval. b. Councilman Mikels briefly reported that the SCAG Board had taken a position on AB- 950, regarding transportation financing, and that was to officially take "No position." C. Mayor Schlosser presented a Proclamation to the Espinoza family. d. Mr. Wasserman requested that council set another budget session. Council agreed to Monday, June 22, at 7:00 p.m. in the Lion's Park Community Center. 3. CONSENT CALENDAR, Councilman Palomborequested that items "B" and "C" be removed for discussion. Councilman Mikels requested that items "D" and "L" be removed for discussion. He also requested to abstain on item "P ". Councilman Bridge requested item "J" be removed and to set June 17 for an appeal of the item. Council agreed to discuss the items first. Item B: Alcoholic Beverage License Application for James W. Blalock, the Spirit Shoppe, 8760 Bas. Line - Off -Sale General; and Item C: Alcoholic Beverage License Application for Lucky Stores, Inc., 9080 Foot- hill Boulevard. - Off -Sale General. Motion: Moved by Palombo, seconded by Frost to deny Consent Calendar items "B" and "C" on the basis of :%% Blalock's past record, and since the application for Lucky Stores, Inc. was not complete; sections 9 and 10 were not answered. Motion carried unanimously 5-0. Councilman I <els said there were some changes in the fee shcedule, and Mrs. Fryman was present to explain those changes. Mrs. Fryman said the senior citizen license that the Chaffey Humane Society offers to the citizens of the four cities that they service is predicated on a Board motion by the Humane Society. There is nothing in the State Code or the County Code that says senior citizens are entitled to a license at a lesser rate. She said their Board came up with the idea of offering half price licenses to senior citizens. It was their intent that the number of licenes an individual senior citizen could obtain would be limited to the number of dogs the zoning within the city would allow. The Board felt that if a senior citizen could afford to feed and care for more than that number of animals, then they do not belong in the low income. Therefore, there is a restriction of the number of licenses which is sold at half rate. Mrs. Fryman said this is not spelled out in the Resolution. So that this be clarified and all would understand, the Board suggested the change to include a limit of three animals to citizens of 65 years of age and over. After considerable discussion, Council concurred that the zoning only allowed two dogs in Rancho Cucamonga, therefore, the Resolution should reflect this number. Councilman Mikels suggested the following language for the fifth paragraph: "Be it further resolved that senior citizens over sixty -five years, with proof of age, shall be charged one -half of the applicable license fee, for a maximum of two dogs, not includine any penalty owed." Motion: Moved by Palombo, seconded by Mikels to approve Resolution No. 81 -79 with the suggested change by Councilman Mikels. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: Frost ABSENT: None. Councilman Frost said he wanted to see the Resolution stand as it was originally because to further restrict this adds some additional costs in staff time, some public inconvenience, and the possibility this might discourage people from ownership be- cause of economic reasons where the primary rationale in dog license is disease control. We need to encourage licensing so we have control on rabies vaccinations in particular. He said that restrictions on this might not encourage that end. Item I.: Councilman Mikels asked for clarification of the statement in Mr. Mann's letter referring to subsequent review of improvement plans. Mr. Hubbs stated that there would not be any subsequent review of plans. He outlined the process to Councilman Mikels'satisfaction. Motion: Moved by Falombo, seconded by Bridge to approve the Consent Calendar with the deletion of items "B ", "C ", "D ", and "J ". Motion carried unanimously 5 -0. Councilman Frost abstained on item "L" and Councilman Mikels abstained on item "P ". At 8:00 p.m. Mayor Schlosser called a recess. The meeting reconvened at 8:15 p.m. with all members of staff and council present. Councilman Bridge stated that during the break he talked with staff regarding item J His concerns were not related to the acceptance of the Parcel Map. He, therefore, moved to approve Item J. Seconded by Palombo. Motion for approval of P.M. 6246 was carried unanimously 5 -0. H. A4 eehe } }e- 8eveteirb£eeroe- App }feel ion-€ er- 3ewee- Wr- $ }e }e<ka- 4he- Sp£r}i Shepee;- 8 }6B -8eee- Sine--- e€ € -6e }e- 6enere }, Item removed for discussion, see above. C. A }ceha } }e- $evetege -b }tenet- App}£ eei£en- €et- Leeky- Seeree;- Ine -,- 9886- FeeihiII 8 }ad--- Bkf -6e }e- 6enere }, Item removed for discussion, see above. D. Approve } -e €- rote }neien -tee eb}iehinR- €e<- inereesee -for- des- }£tenses. Item removed for discussion, see above. E. Vineyard Avenue Right -of -Entry at Santa Fe Railway. It is recoamiended that Council approve the license submitted by Santa Fe 'ailroad and pay the re- quested $150 processing fee. RESOLUTION NO. 81 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A RIGHT -OF -ENTRY LICENSE WITH THE SANTA FE RAIL- WAY COMPANY. F. Acceptance of Parcel Map 5767 - Fink. Located on the west side of Dakota, east of Haven Avenue. RESOLUTION NO. 81 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 5767. G. Acceptance of Parcel Map 5803, Agreements, and Security - Hone and Associates, Located at the southwest corner of Haven Avenue and Lemon Avenue. RESOLUTION NO. 81 -82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 5803, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. H. Approval to quitclaim vehicular access and all rights for construction and maintenance of storm drain for Parcel Map 5803 located at Lemon and haven Avenues. RESOLUTION NO. 81 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR QUITCLAIM OF VEHICULAR ACCESS AND ALL RIGHTS FOR CON- STRUCTION AND MAINTENANCE OF STORM DRAIN PRE- VIOUSLY DEDICATED AT LLMON AND RAVEN AVENUES. I. Acceptance of Parcel Map 6070 - Hughes Development Corp. Located at the southwest corner of Highland and Sapphire. RESOLUTION NO. 81 -84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 6070. OF HO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 6246. K. Forward Claim by James V. Galluci, Jr. to the City Attorney for handling. L. Review of Victoria Drainage Master Plan. Authorization to retain Bill Mannand Assoc. to review and make recommendation on the drainage master plan for the Victoria Planned Community. M. Roberti- Z'berg Block Grant Application for 1980 -81. Approve grant funds for Lion's Park Community Center exterior lighting. RESOLUTION NO. 81 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR LION'S PARK COMMUNITY CENTER EXTERIOR SAFETY ILLUMINATION. N. Fee Increase and Amending Resolution No. 79 -1 for Wide and Heavy Vehicle Load Permit, House Moving Permit, and Annual Permit, RESOLUTION NO. 79 -1 -A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 79 -1, SECTION 4.0. 0. Lease and Royalty Agreement for use of Computer Program for Fiscal Model. Request approval of agreement. P. Set Public Hearing Date of June 17, 1981 for P.D. 80 -01 (TT 10762) - Acacia. A Planned Development of 84 condominiums on 9.6 acres of land, zoned for R -3, located at the southwest corner of Baker Avenue and Foothill Blvd. APN 207- 191-31 and 40. Q. Release of Bonds and Notice of Completion: Tract 9444 - located at Amethyst and Banyan Streets. Owner: Nubank Inter- national, Inc. Monument Bond $ 2,200 Site Approval No, W91 -55 - located at the southeast corner of Beryl and Banyan Streets (St. Peter and St. Paul Catholic Church). Owner: Earle T. Casler S Earle T. Casler, Inc. AJV. Faithful Performance Bond (road) $34,600 star.: report. Prior to the meeting Council had received a map with all the areas marked where mobilehor..es would be permitted under this ordinance. Councilman Mikels had re- quested this and he thanked staff. He said that alth­gh he did not drive through each area for a personal inspection, he said that it looked like we could live with the language in Ordinance No. 123 -A, City Clerk Wasserman read the title of Ordinance No. 123 -A. ORDINANCE NO. 123 -A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.024A OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE NO. 123 BY ADDING SECTIONS 61.024(a)(6). 61.024(g), AND 61.024(h) TO PRO- VIDE FOR MOBILEHOMES WITHIN THE R -1 ZONE, MINIMUM DWELLING UNIT WIDTHS, AND DESIGN REVIEW FOR ALL RESIDENTIAL DWELLINGS. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried unanimously 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Palombo, seconded by Bridge to approve Ordinance No. 123 -A. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. SCHOOLS. The ordinance would require mobilehomes when placed on individual lots to be subject to the same school fees as traditional single family homes in all the school districts. City Clerk Wasserman read the title of Ordinance No. 69 -B. ORDINANCE NO. 69 -B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 16.24 FINANCING FOR INTERIM SCHOOLS, SECTION 16..4.080 AMOUNT OF FEES, TO REQUIRE THAT MOBILEHOMES ON SINGLE FAMILY LOTS BE CLASSIFIED AS A SINGLE - FAMILY DWELLING TO PAY THE ESTABLISHED FEE FOR SINGLE - FAMILY DWELLINGS. Motion: Moved by Palombo, seconded by Mikels to waive further reading. The motion carried unanimously 5 -0. Mayor Schlosser onened the meeting for public hearing. There being no response, the hearin^ was closed. Notion: Moved by Mikels, seconded by Palombo to approve Ordinance No. 69 -P. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. NO. ., . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 3.24 PARKS AND RECREATION TAX, SECTION 3.24.040 TAX - AMOUNT, TO REQb IRE A MOBILEHOME UNIT ON INDIVIDUAL LOTS TO PAY THE PARK TAX EQUAL TO A SINGLE FAMILY DWELLING, $300. Motion: Moved by Frost, seconded by Mikels to waive further reading. Motion carried unanimously 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response the public hearing was closed. Motion: Moved by Mikels, seconded by Frost to approve Ordinance No. 8 -C. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. YU. G.YV IRV.Vi1L.V 1eU. NJJLJ JI1LlV1 AAU 1L 11LU UGVLLurm'Nl NU. OU -14 — I= Ku=K1J GROUP. A change of zone from R -1 -8,500 (single family residential) to R -3 -PD (multiple family /planned development) for the development of a planned develop- ment consisting of 76 condominiums on 6.4 acres of land located on the west side of Hermosa Street approximately 330 feet north of 19th Street. APN 202- 171 -20 and 38. City Clerk Wasserman read the title of Ordinance No. 146. ORDINANCE NO. 146 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSORS PARCEL NUMBER 202- 171 -20 AND 38 FROM R -1 -85,00 TO R -3 -PD FOR 6.4 ACRES OF LAND LOCATED ON THE WEST SIDE OF HERMOSA AVENUE, NORTH OF 19TH STREET. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Palombo, seconded by Mikels to approve Ordinance No. 146. Motion carried by the following vote: AYES: Frost, Mikels. Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. Owner- occupied. An affordable housing unit is defined as one which has been purchased and occupied by a household whose income is less than 120' of the most current median family income in the regional market area as periodically defined by Southern California Association of Governments (SCAC). Renter- occupied. Fair market rent in San Bernardino County, as defined by Section 8 of the Housing and Consnunity Development Act, which shall be readjusted periodically. Mayor Schlosser opened the meeting for public comments. There being none, the public portion was closed. Motion: 'loved by Mikels, seconded by Palumbo to approve Resolution No. 79 -74 -A and to waive the entire reading. Motion carried unanimously 5 -0. City Clerk Wasserman read the title. RESOLUTION NO. 79 -74 -A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 5 OF CITY COUNCIL RESOLUTION NO. 79 -74, THE DEFINITION OF AFFORDABLE HOUSING IN THE RESIDENTIAL ASSESSMENT SYSTEM TO BE CONSISTENT WITH THE ADOPTED GENERAL PLAN. 4F. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 81 -02. An amendment to the Growth Management Plan, amending the Rancho Cucamonga Municipal Code Chapter 17.04, Section 71.04.080 to eliminate the tri- annual review period and allow projects to be filed on an open basis. Staff report by Jack Lam. Citv Clerk Wasserman read the title of Ordinance No. 147. ORDINANCE NO. 147 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 17.04, GROWTH MANAGEMENT PLAN, SECTION 17.04.080 TO ELIMTNATE THE TRI- ANNUAL REVIEW PERIODS. Motion: Moved by Mikels, seconded by Palumbo to waive further reading. Motion carried unanimously 5 -0. Mayor Schlosser opened the , neeting for public hearing. There being no response, the public hearing was closed. There being no questions or comments by Council, Mayor Schlosser set June 17 for second reading. Lauren Wasserman presented the request stating that in view of the City's critical budget situation, combined with the uncertainty of pending state legislation regarding local subventions, staff recommended that no action be taken at this time. Mavor Schlosser opened the meeting for public comment. Addressing Council in favor o? Council suppor::.ng the request were: Don Hardy, President of the Chamber of Commerce Bob Sal.;zar, Board member of the Chamber John Mannerino, Board member of the Chamber Council made the following comments Councilman Mikels stated that while he sees some problems with the request as stated, he felt it may be worthwhile to bath the City and Chamber to explore the feasibility of some projects from which a joint effort might result in some cost savings to both organizations. He said he would be in favor of the Mayor appointing a committee to explore those possibilities. Councilman Mikels volunteered to serve on that Committee. Councilman Palumbo stated he also volunteered to serve on the Committee. Councilman Bridge stated he was a supporter of and a believer in a Chamber of Commerce within a city. He said he was not in favor of the city funding the Chamber. There were times when the Chamber could have opposite ideas from the City Councii and staff. This viewpoint was necessary and good, however, if the Chamber were being aided financially by the City, this would preclude their benefit in this area. Bob Salazar stated that he did not feel they were there to plead for financial aid. He said the Chamber does a job for the city. There are a lot of things which if the Chamber did not do, the City would have to do. He felt they were asking for something for services rendered. Mayor Schlosser said the Chamber received a letter from him in which he stated he did not approve of the City giving financial support to the Chamber. The Council had just received a memo from the Finance Director this evening that the City will be losing funds amount to $750,000. He did not see how the City could help support the Chamber financially. Councilman Frost said that as for as his position he would reiterate what the others had said. As far as budgetary allocations, he also felt that it was not appro- priate in that it is questionable what position the City is going to be in financially, although he realized this was a matter of priorities. He did feel that the suggestion for representatives of Chamber and Council to get together to come up with alternatives to where the City can benefit the Chamber by providing an atmosphere where there are not direct ties, but areas of assistance so the Chamber can provide their own funding was a good one. He said that as far as a budgetary commitment from the City, it was not appropriate at this time. Councilman Palumbo stated that rather than voting, he would rather leave this open and explore the possibilities. He felt the City and Chamber should work together to do this. Mr. Hardy said they were not asking for a gift, but were asking for assistance. He liked Councilman Mikels' suggestions. Jeff Sceranka requested that Council consider a two man committee to meet with the Chamber during the next two week period as Councilman Mikels suggested. Motion: Moved by Mikels, seconded by Palombo to appoint a two -man committee to address philosophical issues and look at some ways some specific projects could be done within the confines of the existing budget. Motion carried unanimously 5 -J. Mayor Schlosser said they had two volunteers to serve on the committee to work with the Chamber. They were Councilmen Mikels and Palombo. Councilman Frost stated that the Council was really for the Chamber and did not want the action taken to be construed as being against the Chamber. Added Item: Mayor Schlosser asked Councilmen Mikels and Bridge if they had a name to present Council for approval to fill the vacancy on the Historical Commission. Councilman Bridge said that they would like to recommend the appointment of Millicent Arner. Motion: Moved by Bridge, seconded by Mikels to appoint Millicent Arner to the Historical Commission. Motion carried unanimously 5 -0. 6. CITY' ATTORNEY'S REPORTS. Mr. Dougherty reported that the Mark III case will be continued to the 26th of June. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn to an Executive Session not to reconvene this evening. Motion carried unanimously 5 -0. The meeting adjourned at 9:10 p.m. to the next regularly scheduled meeting on June 17, 1981. Respectfully submitted, Beverly Authelet Deputy City Clerk __ - - - -_ - - - -- - - - -- -------- - - - - -- 3.167 CITY Of RANC110 CUCAMONGA WARRANT RECONCILIATION 6103/81 / PAGE 1 �y O WARR E YEN I V E N 0 0 R N A M E WARE PE EI1MM. DISCOUNT NET G56 0120 )b947 0125 6948 0165 �1u949 0000 1950 1130 {'osz 1110 ..4.953 1555 :6954 )0955 1T67 76 6956 1'100 - 3,lST 2041 )6958 2300 ]1.960 2335 -3696I 7525 3,.v 63 I1?l 3tA64 ?LOW ee5 '015 ^11546 2641 159&7 r72.1 11968 27.3 Ic9 &9 2905 )+970 3010 16971 4001 In-172 4.150 11,73 101. 14974 41115 )6915 4101) )69T& 4725 00977 4197 34978 4:136 ,:.979 4151 )1.990 4915 —3bval 59 W 369a2 5110 )69X3 5130 16994 5140 J69a5 5275 )6986 521. 16991 6510 )&9SR 6579 PoR9 6513 )1 <911 6619 991 6635 351'&992 6540 11.993 61N3 31,994 6430 :6995 637S 3/.996 7177 J699i 1191 '32.00 I ou. 00 so .0u 90.00 9.186.75 1 21591.00 81.12 20.00 29a.10 81123.73 5T8. 31) 2.5U5.50 IR 21505.50 6)9.45.. 1150D.00- , 51 91 91 891 31 1p61 CITY OF RANCHO CUCANUNGA WARRANT RECONCILIATION 6103/81 PAGE 2 JJ 4ARR A YEN ! V E N 0 0 0. H 0. M E DATE R FLKEN L E DISCOUNT NET FINAL TOTALS 201.60 116.nJ IL 50 2f1 .2 f 4U A9 A.VU L 6F.51.75 2.0U.L0 l /2•� O tl9.00 55.14 . 215.03 03 91.110 151.00 30.44 2.41 194.40 204.65 1.520.90 1.229.0 50.440 38.04 1.231.20 1.504.08 185.50 1.]96.24 314.84 102.96 171.40 11.31 22.00 57.60 148.5n 25.08 15.50 3.90 85.59 181.3] 291.99 31.80 165.00 19.00 {{65.60 B.d 73.00 96_17 3O1.81 1f.GG 2.5n5.s0- 184.138.57 . I i L • copy...,-oh- ...... ..... f4.. APPLICATION FOR ALCOHOLIC BEVERAGE LECENSEI51 Te: D.Iofit nl of Ak.W. h...... Caroei 1}15054x1 Sew....... Colil. 9581, &an E05:9T tCo --- ... a......mx: TAe.MmR,ed MnbP epplin br lict —i dxmbW or follu.e: I, "FELS) Of LICENSE(5) FILE NO. 02T GALS GE7 -tL Applied und., Sn. }q„ ❑ ERURx Dam I9GL:WGO fEE NO. GEOGRANIICAL CODE Dolr lu." }, N4AE(S) Of APPLICANT(S) Temp Permn . Off, e0.1. BL1L00B .IRm..s Y. 0. TYPE(S) Of TRANSACTION(5) IFE LIC. BYFE y en ^ A Nom. of Minn. The FDirit CT S. Lwonon el 8rtinm —NUmbx ." Slr.x 6960 Baseline Cln vm np C.d. carnn''In P".Cho ryna50Dre 41709 RLflQjir!rn•Ir:�CEIPT W. — I Y i TOTAL y 6. If Premix. Limed, 9. A. Pnmbx nid. 5F— Trp.en;ex ? " + ^6i'Ip Cin Lm:m ._eq 6. Mal, Addren (if cliff ... n. from 5) —N..W, aM S,,. R..el Va.l P. No,. you x., b... e-wned of o felony? 10. Noe you evx .idol" ony el Th. P-11mm of If. AkoA.El Eewo9. Con4ol A[I w rpvkdem of If. NI.,I enl per rv,Z,, ro d:e Ax? tv • IL feplom o "TES° onl .r mr 9 er 10 on en eno07,,n .•M1IoFr J:oll be deem d pon of IN, oppliranbn. ;(alb: 2u2(.H:(ehD` — rai ^_ ;.,J.':^ _JL. @. AppLmm upreo I.) IFor ony manager employed if role I--d w-- .ill Fm..11 IFe euollRmemr o1 o It m.....I E (b) Ibol he -4 nol .,,I *Pe or [o ar permil to be . ;,(,I,d vny of the prey r:om .1 'he Aleof.h: Brrero9e Canlrol Arl, 13 . 5TATE Of CALIFORNIA Caunn of L ° °fU: Bemrdino Dole .rMrw .M.rv.r. x"e ^' N •Mnw 0. .e4'.. .rrvp...uwry w AN SIGN HERE de __ APPLICATION BY TRANSFEROR 15 STATE Of UufORNIA Cnrnn of CDT, BCr•le2'QLIO Co. 16 Nemell) o(Oumee(flry 'r r. . .e.h * °• o'M I] S:enelu 10 a1 1; ren...10 IR Du:... Nvm1.1.1 :SRI:. ".:..•;. eat Ir. m[nl:en Numb., and S4..t C, end op Code eown On A'nl IVIrb Nrlm. TAit I,;m: I'nr Dgxlrnrrrnl I'.. N,,I, — Almded. T; 9emrd•d -1, , ❑ Pduooq �p..t @)Renrwol. Ix of °'91 ^. ^r.ida Lan 1! 1. rn1 rdiZ0 OR,- j / ^ " /q ". Ern:pt No �,'! Ir. m[nl:en Numb., and S4..t C, end op Code eown On A'nl IVIrb Nrlm. TAit I,;m: I'nr Dgxlrnrrrnl I'.. N,,I, — Almded. T; 9emrd•d -1, , ❑ Pduooq �p..t @)Renrwol. Ix of °'91 ^. ^r.ida Lan 1! 1. rn1 rdiZ0 OR,- j / ^ " /q ". Ern:pt No �,'! APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE($) I. TYPES) OF NCENSE(S) FILE NO. To: De9onmenl of Alcoholic 6emoo9e Control FEE NO, 1215 O Sneer Sovomemq Calif. 95811 ..r.m .............m. •ra .1 GEOGRAPHICAL cooE -r— : ..1; The mmla,a9ned 6'.6, .,,1 To, L " "" ° ip"f' b Dan Yaenln devnbed mlolloa: Cf.D 9115/81r Issued _ Temp. Permn 2, NAME(S) OF AFPLICANT(S) Applied undr Sec. tau .[} E &env Dab. - Eea ue Ome J, TYPi OF YRANSACTION(51 FEE LIC, TYPE 3 -l+r JJ llJ.7J A Nam..F Buumme M.7TTAL S. LocaNao of Buunm- Number and Shelf 9080 Ppoah111 R1Vd. City and zip Code Rancho CucamovX 91739 Sa 6, II Rene LicemW. 1. be 11-11. I mce She -Is, of ticenw — CITY lmint 8. MaiLng Add.... (if diflnenl from ShNrmber pool $Irpr I6.P IFr•nl 6565= .- Ave.. Meca .'aCyCa_T_0520 wwv. ::- ✓rn +..� .�_..: •:..` ..... � )�r...l, P. Hme. you seer been c-oll d of e Wmm'9 TO Noce You — mi leard any of IFe ocormcone of Ib Alcoholic III Control Act at regulaeonl of IM Deparhmm per. nim9 to Me Act) 1I, Eeplain A "YES" corm— bilemrP or 10 an an effacement +hch shall be deemed part of this opplrcathm. 12. Apphronf a,—, (al thnl any manger employed in ms,i licensed prtmna will ewe all the puolifim6am of a lionise, and (bl 11.1 be -,If not violate or taut. ....... 1 to be .ialaNd any of the pro+aanf of the Alcoholic be.a•age Cashel Act. `U STATE OF CALIFORNIA County of 1 Di s. m e. qn 'm _ is • wR�l�^ ~i.wm••n..r riwnrm..le� 1 .n. as •.r��n« «r er .ale.. �0. ^• •re4•n w n• ywrr. _n .• .nJ.n e•4ur •• mr i I 4;'A2PlICANT !- SIOIyNFRE STORES INN .. . ......... ... .. APPLICATION BY TRANSFEROR 15, STATE OF CALIFORNIA County el Dab nl_ruy.r..M a, li• —_ /'v F +•-•A �✓ hL l :rf .. 5!nun[ 0•r-:nu - Iblcon 018ri - pan . On xnr III Ill I ,if 1, loci 1'nr 1)," arm 11r flydq ArraaM1ed -i Rao•d.d mm�r. (� Fdnnnrl lraPerf. _ [] COPIES MAItEO C] K... al reeld J.• %'Paid al Tr -r " {LO ORO an Relief NO ly n r.o rye .r... -.. n u RESOLUTION no. !91-7? A RESOLL7ION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA4)NGA, CALIFOILYIA, ADOPTING A FEE SCHEDULE FOR THE LICENSING OF DOGS IN THE CM OF RANCHO CUC.VIONGA. WHEREAS, the law of the State of California require. that dogs kept within the State be licensed. NOW THEREFORE, BE IT RESOLVED that the City of Rancho Cucamonga, California, shall impose a fee requirement for the Ile easing of dogs. BE IT FURTHER RESOLVEO that the following charges are established: Is BE IT FURTHER RESOLVED that senior citizens ever sixty -five (65) years, with proof of age, shall be charged one-half (1/2) of the applicable license iee, not including any penalty ..ad. BE IT FURTHER RESOLVED that the owner of any dog, which owner wed into the City from another community, upon the presentation of a rabies ccinarion receipt signed by a licensed veterinarian and a license receipt from another community for the current year, may be issued a Rancho Cucamonga llcrnse tag upon she payment of two and na /1001h. ($2.00) to cover the cast of In. tag. BE IT FURTHER RESOLVED that any dog reaching the age of four (4) months between July 1 and December 11 of the cc,raml year shall be subject to the regular annual license fee. Any dog reaching the age of four (4) months but.cen January 1 and June 30 shall be subject to one -half (1 /2) of the annual license fee. MrE T: PASSED. APPROVED and ADOPTED this 3rd day of ,tune, 1981. AYES: NOES: ARSEYT: City Clerk t� 1. For each male or female dog, twelve and no /IOOths ($12.00); 2. Far each neutered g, male dog, with proof of neuterin six and no /100ths ($6.00); 3. For each spayed female dog, with proof of spaying, six and no /IOOths ($6.00); 4. For each rabies vaccination shot received at the clinic .pon..red by the Humane Society of the Cluffey Community, Inc., two and b /100t1c. ($2.0m ; 5. For impound fee, first offense, twelve and no /100ths, ($12.00); 6. For impound fee, second offense, eighteen and Do 1100th., ($18.00); 1 7. For board., per day, on impounds or quarantine holding, two and 50 /100ths, ($2.50). • Be II FURTHER RESOLVED that a penalty in the amount of .ix and no /100ths ($6.00) hall be added to each license fee far failure to pay such fee within thirty (30) days after such license fee shall fail due. Is BE IT FURTHER RESOLVED that senior citizens ever sixty -five (65) years, with proof of age, shall be charged one-half (1/2) of the applicable license iee, not including any penalty ..ad. BE IT FURTHER RESOLVED that the owner of any dog, which owner wed into the City from another community, upon the presentation of a rabies ccinarion receipt signed by a licensed veterinarian and a license receipt from another community for the current year, may be issued a Rancho Cucamonga llcrnse tag upon she payment of two and na /1001h. ($2.00) to cover the cast of In. tag. BE IT FURTHER RESOLVED that any dog reaching the age of four (4) months between July 1 and December 11 of the cc,raml year shall be subject to the regular annual license fee. Any dog reaching the age of four (4) months but.cen January 1 and June 30 shall be subject to one -half (1 /2) of the annual license fee. MrE T: PASSED. APPROVED and ADOPTED this 3rd day of ,tune, 1981. AYES: NOES: ARSEYT: City Clerk t� • • CITY OF RANCI-10 CUCANIO. \GA STf1rr REPORT DATE: June 3, 1981 UL TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Vineyard Avenue Right -of -Entry at Santa Fe Railway The attached resolution is for the acceptance of the license which has been prepared by Santa Fe Railway Co. in regards to reconstruc- tion of Vineyard Avenue from Eighth Street to Arrow Route. The City is to pay the necessary fees required by the railroad to accomplish the processing of the license. The purpose of the license is to allow the City to enter upon the railroad's property for construction and grading of the new street. RECOMMENDATION It is recommended that Council adopt the attached resolution author- izing the Mayor to sign the license on behalf of the City and author- izing the issuance of a check in the amount of $150.00 payable to the Santa Fe Railway Co. Respectfully submitted, LBH: 1.3" Attachments L- 0 E IL wn CITY OF RANCHO CUCAMONGA title; ,j � R,G HPOG•ENt RV ENONF.ERING DIVISION T tiU vuaNiTV niAr IV 77 Sant> Fc'0d9L:al Form 1617-8 Standard t.tearo..0 er n.e.,� sw "w LICENSE THIS LICENSE, Made as of BM -56145 l9 81.._, betwrca ----- THE. ATCHISOM, TOPEKA AND SANTA FE RAILWAY COMPANY _ Delaware wrpomtion (hereinafter called "Licensor ") . __ . ___......__.....—. _._� — , .and ............ OF__ RANCHO ._000AMONGA,__a._municipal_ corporation (hcrcinaftcy whether one party or more, called "Licensee "). WITNESSET3, That the parties hereto for the considerations hereinafter expressed covalent and agree as follows; 1. Licensor bereby licenses Licensee to use, subject to the rights and casements hereinafter excepted and rey,/ served and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises ") situated at or ours Y o - - shown s aded Stnteof .__Calrn ifoia___ ^outImodmr veering on the print hereto attached, No.fiQ.'41, 0�_._, marked "Exhibit All and made a part hereof, for a term beginning on....._._--- May 1 19--11, and ending when this license shall be terminated as hereinafter provided. 2. Licensor hereby excepts and reserves the right, to be exercised by Licensor and by any others who have ob- tained or may obtain permission or authority from Licensor so to do, (a) to operate, maintain, renew and relocate any and all exUnng pipe, power, and communication lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, strew and • relocate such additional facilities : of the same character as will not unreasonably interfere with the use of the Promises by Licensee for the purpose specified in paragraph 6 hereof. S. Licensee shall pay to Licensor as compensation for the use of the Promisee the sum of —.._ One Hundred Fifty and No /100 Dollars ($-159,4D - -) payable in advarim Said compensation shall be subject to revision at five (6) year intervals. 1. Licemee covenants mid warrants that Licensee either owns, or has obtained from the owner or owners thereof the right to use any improvements now on the Promises shown or described on said Exhibit A as "Licence's Existing Improvements." Such improvements, if any, together with any other improvements hereafter placed upon the Prcminw by or for account of Licensee are hereinafter called "Improvements." -5: — Lieeosre shall pay before the same become-dehnquent all taxes,-charge,- ratearand assessments which may, during the term of d" license, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect of tiro Improvements; and where any such tax, rate, charge, or.assessment may be embraced in the general amount of taxes chareed upon the Premises separately or in connection with other property of Licensor and Licensor sbal pay all of Enid taxers, then Licensceshall promptly repay or refund to Licensor the amount or part of the tax, charge, rate or asse<sment equitably or fairly apportionable to the Lnprovermuts: G. Licensee shall use the Premises exclusively as a site focSlCdS�jIl�.dq.�r.0.d,((V9A 'L491L4iT1lGL.19A the nbjeet of Licensor being to facilitate the convcn i,irrnsnr, and the trimartlnn of business thereon. In ever than above mentioned, then Licensor may deco manning upon the Premises, with or without process Premises ne against Licensor. , at the rauroan, tetegmpn arm teiepnone uses or shall use the Premise: far any other purpose what. at an end and prevent Licensee from using or re- Isee shall not have lire exclusive possession of the T. Licenses shall keep and maintain the Prrmimsand Improvements insuch safe, sanitary and sightly condition m shall be satisfactory to Licensor, and, if required by Licensor, AMR paint the Improvements with paints of a color i., • •approved. by.Licensce; and if Licensee fails or refuses within fifteen (le) days after receipt of any request by Licensor so to de, Licensor may. it its option, perform such work, and in such event Licensee shall within thirty (30) days after the rendition of bill therefor reimburse Licensor for the cost so incurred. S. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon, Licensee shall comply with any and all requiremeuts imposed by federal or state Statntrs, or by ordinances, orders, or regulations of nnv governmental body having jurisdiction thereater. In the event the Pronrdes or Improve- ments shai! be used for the loading, unloading, storing, or othernise Imndfing of any petroleum products, Licensee shall comply with all rep lotions and recommendations from time to time promulgated by the Bureau of Explosives of the Assoe!ation of American Railroads, or any Successor agency. All artificial lighting In pump houses, warebou -ca, or other enclosures upon the Premises, where oil or other inflammable fluid supplies are handled or stored by Licensee, except in pnb:oken on nuad containers, shall be electricity, and such electrical installation and any other electrical installation upon the Premises site!] at ill times conform to and be maintained in accordance with the provisions of the then cut: out edition of the 'National Electsoal Code with respect to Clas; 1 hazardous locations. Licensee shall promptly pay and discl.argc app and all liens arising out of env construction. alteration or repair work done, or suffered or norrirtcu to be done, by Licensee on the Premises, and Licensor is herebv authorized to post any notices or take are other va iur. upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of tiny Fuel. liens to the Promises; provided, however, that faihme of Licensor to take any such action shall not relieve Licensee of See obligation or liability under this or any other parncraph hereef. 0. Licensee shall at all times keep a space of six (0) feet from the nearest roil of any railroad track entirely clear of structure„ ombsial and obstructions of every sort and shall observe in overhead clearance of not less than twenty - live (Psi) feet above the top of rail; but, nevertheless, Licensee may erect lending platfonus which shail not be more than three u3'i feet and six !(;) inches higher than the top of the rails, find which it no point Shall be nearer than four (3) feet to the nearest side of the head of the nearest rail of suet: track; provided, however, if by statute or order of competent publio authority different clearances shall be required, then Licensee shall .strictly comply with such statute or order. 10. Licensee agrees to indemnify and save harmless Licensor against all loss, damage or expense which Licensor may sustain, inner or become linble for, including loss of or damage to property or injury to or death of persons and fines or penalties imposed upon or assessed against Licensor, arising in any manner out of (a) the use of the Premises or Improvements by Licensee, (b) any breach by Licensee of the terms, covenants or condition, in this instrument contained, or (c) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons or boitocs of Lieensae in, on or about the Promises or Improvements, except that if Licensor shall participate in :my such contributim, acts o. omissions, then the loss, damage or expense ac=ing therefrom shall be borne by the parties hereto equally. 1!. Neither Liccn,oc, nor the heirs, legal represmdtdves, successors or assigns of Licensee, nor any subsequent s;rn,c, shall trans( ^r fir Jesse the Premises or the Improvements, or any part thereof, nor assign or transfer this liem.se or any interest herein, without the written consent and approval in each instance of Licensor. 12. In cac of the eviction of Licensee by any one owning or claiming title to or any interest in the Premises. Licensor shall not be linble to Licensee for auy danmge of any nature whatsoever, or to refund any compensation paid hereunder, except the proportionate part of any compensation paid in advance. la, If any rompensntion hereunder shall be due and unpaid, or if default shall M made in any of the covenants or =cemcats of Licensen herein eontained, or in rase of any nssignmrnt or trinsfer of this license by operation of law, Liremor may, at its option, terminate thin license by =erring five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any default or detmLs shall not constitute a waiver of the right to terminate this license for any subsequent default or defaults. H. This l;cenm, mav be terminated at any time by either rarty upon thirty (30) dries ratite in wr8ing to be sensed upon theotrmr parry, stain; u,emn tie late umtsuch tel shall take place, and upon the expnut!on of the time specified in nieh native this license and nil rights of Licensee hereunder shall absolutely cease and de- termine; but upon any such temunatien Licensee shall be entitled to have. refunded by Licensor a proportionate part of any compensation paid in advance. 15. dry notice to hn ninon by Licensor to Licensee hereunder shall Is deemed to be property seared if the sans be delivered to Licensee, or if left with any of the agents, eon:mts or employes of Licensee or if posted on the Premises, or if deposited in the Post Office, postpaid, addressed to Licensee fit._—_.__._._ ____._._...._ ................ .. ............. 1G. L•ppp" terminntien of this license in any manner hornin provided, Licensee shall forthwith surrender to ,� Licensor thy. pnsmssion of the Premises and shall renmve the Improvements and restore the premises to substantially the elate in which t!cy were prior to the consinmtien of the Improvements, and in cage Licensee shall fall within thirty I.. ",01 days after the duty of such termination to make such removal or restoration, then licensor may, at iw elect.. to he rxercised within thirty BO) flays thereafter, either remove the Impmvomeits ind restore the Premises for the account of Licensee, and in such event Licence shall within thirty (3O) days after the rendition of bill therefor reimburse License; for the cut so incurred. or rang Like and hold tee Improvements as its gets property. 1:. U Licensee fails to surrender to Licensor the Promises, upon any termination of this liceoee, all the liabilities and obligations of Liceu ee hereunder shall continue in effect until the Premises am surrendered; Lod no termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any net,, omsions or events happening prior to the date of termination or the date, if later, when the Improve - • mcuts are removed and the Premises restored or Licensoreleats to take and hold the Improvements as its sole property as heminabove in paragraph 16 provided. 1S. In the event that Licensee consists of two or mom parties, all the covenants and agreements of Licensee herein contained shag be the ;oint and several covenants and agreements of such parties. 19. All the cov cnants and agreements of Licensee herein contained shall be binding upon the heirs, legal repre- seatatives, sucecssors and assigns of Licensee, and shall mom to the benefit of the successors and assigas of Licensor. Attached hereto and made a part hereof is Rider "A" identified by the signature of K. M. Sanchez. rf WITNESS YVIL3EOP, This license has been duly ezecuted in duplicate by the parties hereto as of the day and year first above written. • Ilia Ajf,4,J,$,(),y.,..I4PJ:g_A_AHR SAYjA,_fE_RAILWAY COMPANY ( Liceosor). Approved as to deRription: ._. ... ..... —.._._._. _...__ ..................... Chief Engineer. APPROVED J _.CITY OF RANCHO CUCAMONGA, Its (Attach print here.) !o • RIDER "A" • RIDER to license agreerent dated April 23, 1981 between THE ATCHISON, TOPM% NOD SN11A FE P.AILWAY COXPANY and CITY OF RANCHO CUCAMONGA 20. Any contractor or subcontractor performing work on or in connection with grading and roadway cpnstruction work shall for u:e purpose . . ,a agreement, and particularly for the purposes of Section hereof, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. '_1, Licensee shall indemnify and hold harmless Licensor against all claims, demands, damages or costs which Licensor may sustain, incur or become liable for, in- c:u'_inc loss or damage to property or injury to or death of persons and fines or pcnalt :es ."Pon. upon or assessed against Licensor, arising in any manner out of the use of or presence or or about, the Premises or Improvements by Licensee, its employees, agents or contr rotors; provided, further, that Licensee shall fully indemnify and hold harmless L.ceosor against all such claims, demands, damages or costs arising in any manner from the installation, maintenance, use, state of repair or presence of any obstructions placed on, alo:,g, i rc: s, over, under or adjacent to any railroad track rurn' -rag on, along, across, over, under or adjacent to the Premises notwithstanding the joint or concurring neglicc -.ce of Licc.n sin z. C 24. Licensee or Licensee's contractor shall notify Licensor five wor ling days before performing any wort on or adjacent to the property or track of Licensor. Licansee or L:cpnsOe's contractor shall not pile or store any rster:als nor Aerate or oaf:; his equipment close: than 10' -0" horizontally from center line of thu nnaru.t ra :.road crack. Licensee or Licensee's contractor shall perform: his work in such manner and at soon times ae shall not endnnner or interfere with the safe operation of the track and protect. r -etsor and the traffic moving on such track, as well as wires, signals and other property of Licensor, its tenants or licensees, at or in the vicinity of the wor'!. 27. Lrconsec shall, upon completion of the work covered by this agree -pent to be performed '� Lic¢rsce or Licensec's contractor upon the Premises of Licensor, promptly remove from the Promises Of Licensor all of Licensee's or Licensee's contractor's tools, impicwin is oral other mate cia ls, whether brought upon said Premises by said Licensee, Licoboe's contrutor, or any Licensee's subcontractor, a nlcyee or dgent if Licensee's peering for or of any subcontractor, and cause said Premises to be left in a clean am! [ce:en t: Ale coed :C :on. 2n. In connection with work performed over, under, across, or odiacuot to sail Pro isr s. :.icen:r.'s rep, even to t ives, conductors, flagmen, or watchmen will be prov:ded Licensor to c; o; act its focriit:ec, property and movement o`. its trains or er711"5, who, i in t._ .,ir. of LICOnsor's roprescrLative, same is necessary due to the Ltcegssa',: or :.:guns-( 's^ contractor's operations while working on or adjacent to said Premises. I - Any work performed on the Premises by Licensee or Licensee's contractor shall be done in a satisfactory workmanlike manner and in accordance with plans and seem IIca eons approved by Licensor, including plans covering any falsew'ork, b"ol'g, or cri"lin th.3t may be necessary to use over, under or adjace.-.t to Licensor'. track„ are. no • wOr Y. shall be permitted until said plans and specifications have been approved by Licensor. 23. It is expected that the Licensor will cooperate with the Licen5ee or :. censee's contravt, to the and that the work may be handled in an efficient rnannar, bit the Licepsee of L_wags^e's contractor shall he, no claim for damage or extra compensation in the i..,..h .:s wor�. is hold uo by the Licensor. C 24. Licensee or Licensee's contractor shall notify Licensor five wor ling days before performing any wort on or adjacent to the property or track of Licensor. Licansee or L:cpnsOe's contractor shall not pile or store any rster:als nor Aerate or oaf:; his equipment close: than 10' -0" horizontally from center line of thu nnaru.t ra :.road crack. Licensee or Licensee's contractor shall perform: his work in such manner and at soon times ae shall not endnnner or interfere with the safe operation of the track and protect. r -etsor and the traffic moving on such track, as well as wires, signals and other property of Licensor, its tenants or licensees, at or in the vicinity of the wor'!. 27. Lrconsec shall, upon completion of the work covered by this agree -pent to be performed '� Lic¢rsce or Licensec's contractor upon the Premises of Licensor, promptly remove from the Promises Of Licensor all of Licensee's or Licensee's contractor's tools, impicwin is oral other mate cia ls, whether brought upon said Premises by said Licensee, Licoboe's contrutor, or any Licensee's subcontractor, a nlcyee or dgent if Licensee's peering for or of any subcontractor, and cause said Premises to be left in a clean am! [ce:en t: Ale coed :C :on. 2n. In connection with work performed over, under, across, or odiacuot to sail Pro isr s. :.icen:r.'s rep, even to t ives, conductors, flagmen, or watchmen will be prov:ded Licensor to c; o; act its focriit:ec, property and movement o`. its trains or er711"5, who, i in t._ .,ir. of LICOnsor's roprescrLative, same is necessary due to the Ltcegssa',: or :.:guns-( 's^ contractor's operations while working on or adjacent to said Premises. I - 29. Licensee agrees to furnish and keep in force or arrange to have furnished and keep in force insurance of all kinds and amounts specified below during the period of •operation on Licenser's Premises. (a) Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licenser's right of way and /or track, furnish or arrange to have furnished (i) 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 the limit for each person, One Million Dollars (51,000,000) 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 (01,000,000) for each occurrence for all liability arising out of damage to or lass or destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single Policy of insurance complying with the requirements of this sub - section (a) or in separate policies maintained during such periods as such contractors and /or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee shall insure Licensee's contractual liability in favor of Licensor contained in Section 21 hereof. (b) Licensee shall, with respect to the operations it or any of its contractors or subcontractors perform upon, beneath or adjacent to Licensoe's right of way and /or track• furnish or arrange to have furnished in favor of Licensor, (i) policy or policies of insurance satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person or persons, INCLUDING LICENSOR'S EMPLOYES, occasioned by or resulting, in whole or in part, from the operation of the Licensee or any of its subcontractors, on or contiguous to Licensors property (except liability due solely to Licensee's negligence), with limits of not less than One Million Dollars (01,000,000) for all damages arising out of bodily injuries to or death of one person and subject to such limitation. One Million Dollars (01,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident or occurrence; and (ii) policy or policies of insurance satisfactory to Licensor which will protect Licensor against lia- bility for damage to or loss or destruction of property, including property in Licensor', care, custody or control, occasioned by or resulting, in whole or in part, from the operations of Licensee, its contractors or subcontractors (except liability due solely to Licensor's negligence) with limits of not less than One Million Dollars (01,000,000) for • each occurrence. 30. Licensee agrees to furnish or arrange to have furnished to Licensor cer- titicates reflecting the insurance coverage or certified copy of insurance policy, if requested by Licensor, as required by sub - section (a) of Section 29 hereof and to furnish, or arrange to have furnished, an original Railroad Protective form policy required by sub- section (b) of Section 29 specified in favor of The Atchison, Topeka and Santa Fe Railway Company, One Santa Fe Plaza, 5200 East Sheila Street, Los Angeles, California 90040. Certificates reflecting the coverage required by sub - sections (a) and (b) shall unqualifiedly require 10 days' written notice to Licensor of cancellation or modification of the insurance referred to in such certificates. 31. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified b/ the Licensor that insurance furnished pursuant to Section 29 hereof is satisfactory. 32. Licensee will assume all costs of installation and other related costs in connection with the grading and roadway construction work During the G¢rm of this agree n— gent, if dny rar or other property of Licensor, its tO r.]rt9 or licensees is damaged at or in the vicinity of the work, Licensee will pay for all costs incurred by reason thereof. Identified by R °G 1(^T IT 2 INSTRUCTIONS FOR OBTAINING INSURANCE FOR .A & 1110ENSE • SALIENT ITEMS Furnish certificate in duplicate. JAmounts as shown. Contractual liability. .J Description and location of project. V Additional Insured - Name of Licensee when contractor performs work. V Not less than 30 days' cancellation notice. IMPORTANT (Certificate must reflect the follow- ing or equivalent) This policy does not contain any exclusion pertaining to railway company agreements with save harm- less provisions therein. SALIENT ITEMS Oj Furnish original oP licy. (2� Railway Company as Insured. 13 Not less.than 30 days' cancellation. Note: For train operation over tracks involved call: It. C. Schultz, Office Engineer 1170 W. 3rd Street San Bernardino, Ca. 92410 Clione: (714) 884 -2111, Ext. 258 Refer to his file I-1 Name of Insurance Company O Policy No. Name of Insured: (Name of contractor or Licensee if no contractor involved) Liability Effective Data Each Person Each Occurrence Limit Public (Actual $500,00 - - $1,000,0oc Date) Property (Actual - - $1,000,000 11000,00C Damage Date) Q3 Liability includes Contractual liability as per written agreement. Description and location of project: (brief description including street, �city, state, etc.) CI Fr Qaxeli. CwACC> rti O Additional Insured. n ( ame of Licensee -,*hen contractor involved) © At least 30 days' cancellation notice in writing. Name of Insurance Company RAILROAD PROTECTIVE (D Policy No. Name of Insured: The Atchison, Topeka and Santa Fe Railway Company One Santa Fe Plaza 5200 East Sheila Street Los AnReles, California 90040 Liability Effective Date Each Person Eath Occurrence Limit Public (Actual $500,00C $1,000,000 Date) Property (Actual - - $1,000,000 1,000,000 Damage Date) Description and location of project: (brief description including street, city, state, etc. Name of contractor: ) At least 30 days' cancellation notice in writing. Detail plans required if jacking pit within �7 of center line of track. RESOLUTION NO. 91-Srd • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING RIGHT OF ENTRY LICENSE ON VINEYARD AVENUE AT THE SANTA FE RAILROAD. WHEREAS, the City Council has approved processing of plans and specifications for the construction of Vineyard Avenue by Federal Funds; and, WHEREAS, said processing requires a license for right of entry into Santa Fe Railway rights -of -way; and, WHEREAS, the Santa Fe Railway Company has provided the City with a license to be used as an agreement with the City to grant said entry within said company's rights -of -way. NOW, THEREFORE, BF IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said license is accepted and the Mayor is authorized to sign said license bet:•:een the City and Santa Fe Railway Company, on behalf of the City. Further the Finance Department is authorized to issue a check in the amount of $150.00 payable to the Atchison, Topeka & Santa Fe Railway Company. • PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk • 14 Phillip D. Schlosser, Mayor • • I STAFF REPORT DATE: June 3, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer SUBJECT: Acceptance of Parcel Map 5767 - Fink The subject map is submitted by Frank J. Fink to divide approximately 0.49 acres of land into two (2) parcels located on the northeast cor- ner of Haven and Lemon. Dakota Avenue has been previously dedicated and contains full street improvements. It is recommended that Council adopt the attached resolution approv- ing Parcel Map 5767 and direct the City Engineer to forward same for recording. Respectfully submitted, LBH:JS:jaa Attachment )✓ IS TENTATPJE PARCEL MAP N0. 5767 ...,T .,,YLLT,. IIIGY,gt IN THE CITY OF RANCHO CUCAMONGA o„r„„,rti ..,,, BEING A NVISION W COT 20, TRACT NO 9475 AS PECMOEO IN 60001 115, HOES 93 ANO H, RECORDS W SAN I ENNANOINO COUNTY, CALIIONFO l r Iii', I RtOC M!N' an1vEn'� t11.: Lnpe SCALEI1'r 40' �I i �R .neu+.e.. • rin rf. a+m• ,NAS. ` - Q rr�Nnw • , 4a� ALM LOMA TY •n IV 0."V' (9MC[ll •-'y -Z VEE-mry r p t s 1 I Y .J, +ryry r^ I V • I S -q1 i r Iii', I RtOC M!N' an1vEn'� t11.: Lnpe !pai1DU... arntn :1 luj • I SCALEI1'r 40' NOTES .neu+.e.. • rin rf. a+m• .r� ^7 ` - Q rr�Nnw • , 4a� !pai1DU... arntn :1 luj • I RESOLUTION NO. Ff -8( • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5767. (TENTATIVE PARCEL MAP NO. 5767) WHEREAS, Tentative Parcel Map Number 5767, submitted by Frank Fink and consisting of 2 parcels, located on the northeast corner of Haven Avenue and Lemon Avenue, being a division of Lot 20, Tract 9475; and, WHEREAS, Parcel Map Number 5767 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 5767 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City L er • Philip D. Schlosser, Mayor It 0 • IV STAFTvREPORT v ` DATE: June 3, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Parcel Map 5803, Agreements and Security - Hone and Associates The subject map received approval from the City Engineer on March 17, 1980 for the division of 4.5+ acres into 4 parcels to facilitate a neighborhood shopping center located on the southwest corner of Lemon and Haven Avenues. To guarantee the installation of off -site improvements, the subdivi- der, Hone and Associates, has submitted an agreement and bonds in the following amounts: Faithful Performance Bond $86,000 Labor and Material $43,000 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 5803 and accept the bonds and agreement. Respectfully ubmlit/t tend, LBH j as Attachments TENTATIVE PARCEL MAP NO 5803 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO. CALIFORNIA, CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREE ?:ENT FOR PARCEL MAP NO. 5803 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Cade and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, by and between said City and ereinafter referred to as the Developer WITHMETH: THAT, WHEREAS, pursuant to said Code. Developer has requested approval by the City of Parcel Map Number - 'M'- in accordance with the provisions of the report of th City and any amendments thereto; located at the southwest turner of Haven Avenue and Lemon Avenue and, WHEREAS, the City has established certain requirements to be met by said Dev- eloper prior to granting the final approval of the parcel map; and. WHEREAS the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the pupose of securing said approval; NOW, THEREFORE, It is hereby agreed by and between the City and the Developer • as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on page 3 hereof within nine months from the date hereof, as per Section 2.12 of Ordinance No. 28. 2. The tern of this agreement shall be nine months commencing on the date of execution hereof by the City. This agreement shall be in default on the day following the last day of the term stipulated, unless said tern has been extended as hereinafter provided. 3. The Developer may request additional time in which to complete the pro- visions of this agreement, in writing not less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. In consideration of such request, the City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. d. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any lawful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense incurred in so doing. S. Encroachment pemits shall be obtained by the Developer from the office of the City Engineer prior to start of any work within the public right Of way, and the Developer shall conduct such work in full compliance with the re. gulations contained therein. Non- compliance may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public right of way improver. enl work required shall be constructed in can - fnrmanCe with approved impmavmment plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. �U Page 2 • IMPROVEMENT AGREEMENT 7. Mork done within existing streets shall be diligently pursued to comple- tion: the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 8. The Developer shall be responsible for replacement, relocation, or re- moval of any component of any, irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right of way resulting from work done an the adjacent property or within said right of way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney. The principal amount of said improvement security shall be not less than the amount shown below: IMPROVEMENT SECURITY SUM iTTED: Faithful Performance Bond STATE 01 CAI II ON \IA $86.00D Material and Labor Bond 1 courvrr of __ __ $13,000 on. ---May 22, 1981 kill- -. me nwa.r.MU . 9aary more n uw W vow Sw le. s.rwrwnv •rnareJ Lbuglap K. Hcne and 1 • IN WITNESS MER50F, 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: VM IAL IIAL nrcwed m..nw 'I'll :ary,, RA 0EVELO ER BY: f'T / -_ }��iLf �rT.. .2 �- .�111TE:S -. '✓n�v l` �^l 1 O tVUnn "V: 4 I,ny,n f. Ifw WITNESS: DATE: CITY OF RANCHO CUCAMONGA, CALIFORNIA a municipal corporation BY: MNYUK ATTEST: .CITY CLERK Ila rvNwn ®ref InsaAANCE rl L/ • STATE 01 CAI II ON \IA Ss $en �ma d q � 1 courvrr of __ __ on. ---May 22, 1981 kill- -. me nwa.r.MU . 9aary more n uw W vow Sw le. s.rwrwnv •rnareJ Lbuglap K. Hcne and 1 Kathleen L. Rine .S •.r. _— . • •wn-NA t In M IM 1e In rn< .nnrn4n IIlm.nlnamm xlr... kJPN INm _ _ VM IAL IIAL nrcwed m..nw 'I'll :ary,, RA WI \I SS my n.nJ vnJ nl nr.l v.l 1 oOIE , Onniu A l r. l` �^l 1 O tVUnn "V: 4 I,ny,n f. Ifw L/ • INPE0:E:IE:1T AGRE_:ENT PAGE .ITY OF RAI:CIIO CCC.VIONCA • C1,3TRUCTIOA AID BONO ESTI .tTE ENCROACIDIENT PERMIT FEE SCHEDULE (Attach to "Inspector's Copy ") • DATE; 5113/81 PEIMIT :10. CO.PUTE[I BY C G File Reference PM 5803 Olt, Ora.ing No. NOTE; Wes not include current fee for vri[ing Remit or pavement replace- ment depost[s. - CONSTAUCTIOR COST ESMATE ITEM OCA.YTITY UNIT UNIT COST S A.OI,NT —111 CORSi'RUCTIOA ❑i i'F.CTIOI - uf f,m,lln Cr L•n Cnot F11i,l Oe L.F. 5 1.5 8" C.F. Ii t. L.F. 6.00 M10 ?.C.C. Curh only N' C.F. P F,'U: ":^ PP...:,.EVf PcP L. \I1 F:t, q r L.F. 5.50 3,102 A.C. Bc rm [5]00 vin) STORE •' IT :v. l,ll. 19 ".,•WIT- q ° -V,\'i L.F. TOTAL ON I" P.C.C. Sid-,.Lk 4Sfil S.F. 1.75 7,982 6" Drive Aonr.ach 3 S.F. 2.10 4,941 T' P.O.L. Cross Cutter S.F. $ Scree[ E Vatian eETAnn4aent C.Y. 5 tmaorced C.Y. Preearncfon of Sub rade Ugnn S.F. 75— 4940 rA • — al— ( "a ♦h' S.F. A.C. r1300 [..A) TON A.C. 1900 to 1300 tons) TON A. g. (und, 500 EA 900 co TON 1 45.00 29,160 AwC. (under 50C nc) TON Patch A.C. nchl S.F. _ I" Thick A.C. Overlav 3800 S.F. .JO 1,740 Ad+oc R. 0 Crade EA. 200.00 200 Ad,ua[ Sever C.O. m Grade EA. Ad'nst 'Water V3 1—s to Grade F.A. c 'ieht1 4 FA. —1590 0O 6 000 Street Sies. EA. Stroe[ Trees 1 EA. AC RFMOVAI 44 .pp111Tnp1 9 IA nn 70 24" DIP fis L.F. .00 2.340 MP L.S. z,0UUwUU 2,000 TRAFFIC SIGNAMATION STREET SIr,12ING RETAVIT:3 VALLi RLOf.IGALLS L.F. LANDSCAPE 6 IRRIGATION I L.U. TOTAL CONSTRUCTION COST 78.000 INSPFCTrON FFF.S ITi4 AV %NTIT'Y I ';IT 1111T I';T —111 CORSi'RUCTIOA ❑i i'F.CTIOI - uf f,m,lln Cr L•n Cnot F11i,l Oe 1.. 5. I.. E. 1.5 Ii t. 10% CONTINr, ESC 1ES . 5 3• ngy P F,'U: ":^ PP...:,.EVf PcP L. \I1 F:t, q r DESIGN FEES (101 ut Total Construction L.r. . STORE •' IT :v. l,ll. 19 ".,•WIT- q ° -V,\'i TOTAL ON Faithful Perfucnanes Band - S86,090 1. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . 5 3.635 II. s Cmmaerm TF.ST FEF . . . . . . . . . . . . . . . . . . . .S Ii t. 10% CONTINr, ESC 1ES . 5 3• ngy - IV. DESIGN FEES (101 ut Total Construction Cast Estivate) . . . . TOTAL ON Faithful Perfucnanes Band - S86,090 Material and Labor Bond $43,000 Ma in [enan<e Bond $ Cash 9onumentin8 Deposlt 5 IMPROVEMENT SECURITY IHSTP.UMENT City of Rancho Cucamonga, California, For the Project Known As Parcel Map 5803 THIS AGREEMENT, made and entered into this day of , 196 by ana e� twef en Bank of America National Trust of Saving Asiociation liereina ter "Len er ", Hone and Associates , hereinafter "Borrower ", anE CITI AO CLCAONGA, CALIFORNIA, hereinafter inaf te[ TH "City ", provides as follows: W I T N E S S E T H: WHEREAS, Lender is a financial institution subject to regulation by the state or federal government within the meaning of California Government Code Section 66499(a) (3); and, WHEREAS, from the proceeds of a loan from Lender to Borrower, Lender has on deposit, for the account of Borrower, the sum of $ 4i_nn0_nn one -third (1/3) of which shall constitute and be referred to as the "payment fund "; and, WHEREAS, Borrower has entered into an Agreement, herein- after "the Agreement ", with the City whereby Borrower agrees to install and complete certain designated public improvements, which said Agreement, dated 198_, and identified as referring to Pro Sect arcel Mao 803 is F_reby referred to and made a part hereof; NOW, THEREFORE, in consideration of the Citv giving final approval to the Project known as parcel Ma 5803 and authorizing the recordation of any tract or parcel map pertaining thereto, Lender and Borrower agree: (1) The performance fund is security pledged to the City to insure that Borrower, its heirs, successors, executors and administrators, shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and provisions of the Agreement and any altera- tion thereof made as therein provided, on Borrower's part to be kept and performed at the time and in the manner therein specified and in all respects according to its true and lawful meaning, and to insure that Borrower, its heirs, successors, executors and administrators, shall indemnify and save harmless City, its officers, agents and employees as stipulated in the Agreement. (2) Lender shall disburse the performance fund to the City in such amounts as the City demands, promptly upon re- ceipt of written demands signed by the City Englehef of the Cib;, and specifying therein that Borrower is in default under the Agreement or this Agreement. (3) In the event City co^mances legal action to re- cover all or any portion of the performance fund, then the City shall be entitled to recover, in addition to the amount Of the performance fund, costs and reasonable expenses and fees, including reasonable attorney's fees. • c^ -1- r� u (4) Lender and Borrower agree that the payment fund is security pledged for the pavmene of all contractors, sub- contractors, laborers, materialmen and that persons em- ployed in the performance of the Agreement and who are referred to in Title 15 commencing With Section 3083) of Part 4 of Division 3 of the Civil Code of the State of California for materials furnished or labor performed of any kind, or amounts due under the Unemployment Insurance Act with respect to such work or labor, and that Lender will pay the same in an amount not exceeding the payment fund, and in case suite is brought will pay, in addition to the payment fund, costs and reasonable expenses and fees, including reasonable attorney's fees. (5) This Agreement and the payment fund shall inure to the benefit of any and all Persons, companies and corpora- tions entitled to file claims under Title 15 (commencing with Section 3083) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Agreement or against the payment fund. (6) No change, extension of time, alteration or addi- tion to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect this Agreement or Lender and Borrower's obligations hereunder, and they do hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specification. This Agreement shall become effective upon acceptance by the City and shall remain in full force • and effect until such time as the City shall release the performance fund and payment fund as hereinafter provided. IN WITNESS WHEREOF, Lender and Borrower have executed this Agreement on the day and year first above Written. Is �U LENDER Bank of America National Trust and av15— 'nssac�at oT�; BYNa^e a ^` (Title) Manager, Alta Lama Branch BORROWER: Hone and Associates I By: Nime /, // / Il�pouglasK. qH 0e� (Ti t1al .LCLrLsL.F,.' -lam / Kathleen L. one The City of Rancho Cucamonga, California, hereby accepts the foregoing Improvement Security Instrument and agrees: (1) Upon final completion and acceptance of the re- quired work, and the performance of all acts specified in the Agreement, City will release any part of the performance fund not claimed by the City in accordance with the above provisions, net needed as security deemed necessary by the City for any guarantee or warranty period or not needed as security for costs and reasonable expenses and fees of the City, including reasonable attorney's fees. (2) Six (6) months after the compietion and acceptance of the required work, City will release the payment fund except such part thereof as equals the total of all claims on which an action has been filed and notice thereof given in writing to the City council of the City. ATTEST: City Clerk ;7` CITY OF RANCHO CUCAMONGA, a municipal corporation BY: Mayor r1 u • • RESOLUTION NO. 8( -8 d • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5803, (TENTATIVE PARCEL MAP NO. 5803) IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 5803, submitted by Hone and Associates, and consisting of 4 parcels, located on the southwest corner of Haven Avenue and Lemon Avenue, being a division of a portion of lots 5 and 6 of Foothill Frostless Fruit Company's Tract No. 2 was approved by the City Engineer of the City of Rancho Cucamonga on March 17, 1980; and, WHEREAS, Parcel Map Number 5803 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an improvement agreement guaranteed by acceptable improvement security by Hone and Associates as developer; NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said improvement agreement and said improvement security submitted by said developer be and the same • are hereby approved and the Mayor is hereby authorized to sign said improvement agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map Number 5803 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. 'Wasserman, City Clerk Phillip D. 7'c— hlosser, Mayor ✓i� • • CITY OF RANCHO Cl.'G:\IO \C\ oc'�^ STAFF REPORT DATE: June 3, 1981 U TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer SUBJECT: the West A request was made by Hone and Associates to quitclaim the vehicular access rights along the west right -of -way line of Haven Avenue and the easement for storm drain purposes along the previously vacated frontage road on Haven Avenue. City Council Resolution No. 78 -11 vacated a portion of land previously dedicated for frontage road on Haven Avenue at Lemon and Planning Commission Resolution No. 80 -07 approved vehicular access with reciprocal easements on Haven Avenue. The City would like to maintain a minimum 10 -foot easement along the easterly property line for future storm drain construction. It is recommended that the City Council approve the attached resolu- tion execution of said instruments by the City Engineer. Res ectfully s bmitted, LBH:JS:jaa Attachments J/ TENTATIVE PARCEL MAP NO 5803 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO. CALIFORNIA. RESOLUTION NO. SI-S3 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA FOR QUITCLAIM OF VEHICULAR ACCESS AND ALL RIGHTS FOR CONSTRUCTION AND MAINTENANCE OF STROM DRAIN PREVIOUSLY DEDICATED AT LEMON AND HAVEN AVENUES. WHEREAS, the City Council has heretofore vacated a portion of that land previously dedicated for Frontage Road on Haven Avenue at Lemon by Council Resolution No. 78 -11, retaining certain rights, including vehicular access rights along the west right -of -way line of Haven Avenue; and, WHEREAS, Planning Commission Resolution No. 80 -07 approving Site Approval No. 80 -01 was adopted February 25, 1980 approving vehicular access with reciprocal easements on Haven Avenue; and, WHEREAS, it is the best interest of the City that vehicular access to said site heretofore granted to the City and that all rights far construction and maintenance of storm drains, except for the east 10 feet thereof, be quitclaimed. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Rancho Cucamonga that the City shall, and the City does hereby quitclaim its rights to vehicular access along Haven Avenue, and the right to construct and maintain storm drains across the said portion of land described in Vacation Resolution No. 78 -11 of said City Council, • recorded in Book 9395, page 1207 through 1208, as Document No. 802 of official Records of the County Recorder of San Bernardino County. Reserving from said quitclaim the right at any time to construct and maintain storm drains and appurtenances within the east 10 feet of said land described in Resolution No. 78 -11. PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor 0 • D CITY OF RANCHO CUCvvIO \GA STAFF REPORT DATE: June 3, 1981 TO: City Council and City Manager PROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer SUBJECT: Acceptance of Parcel Map 6070 - Hughes Development Co. The subject map is submitted by Hughes Development Corporation to divide approximately 9.32 acres of land into two (2) parcels loca- ted on the east side of Sapphire between 19th Street and Highland Avenue. The applicant will be required to install full street improvements at the time of development. RECOMMENDATION It is recommended that Council adopt the attached resolution approv- ing Parcel Map 6070 and direct the City Engineer to forward same for recording. Respectfully �submitted, LBH:JS:jaa Attachmr_nt SCALES I'+ IOd MMGE JT+TCET /p10 1c)Flex,47` . ZONe- R'/` /,� / Z �C P� A'OP0J5lY SHEET I OF I SHEET I I -T- I I r- �-- T- -r1- � I I I I I,1.R I i l l l TENTATIVE PARCEL MAP N0. 6070 IN THE CITY OF RANCHO CUCAMONGA. STATE OF CALIFCRl IA A PORTION OF THE WEST OYE -HALC OF LOT S. B' 9OC 19, CLICA"NGA HOVCS EAU ACCOCT"'I"N LANDS. PER MAO SFCORDED IN SOCK 6. PACE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY 2 "Il i- 4a wEr a¢D roo I HUGHES DEVELOPMENT CORPORATION 510 WEST OTWS EDGE GLENWNe, CAE1F NiNCTCE '/F.' S'Tn ECT 9NEMAEO �� J P KAPP AND ASSOCIATES. INC D1 lC9 ONIVF T^nn.CEN e, Ceuf SHEET I OF I SHEET I I -T- I I r- �-- T- -r1- � I I I I I,1.R I i l l l TENTATIVE PARCEL MAP N0. 6070 IN THE CITY OF RANCHO CUCAMONGA. STATE OF CALIFCRl IA A PORTION OF THE WEST OYE -HALC OF LOT S. B' 9OC 19, CLICA"NGA HOVCS EAU ACCOCT"'I"N LANDS. PER MAO SFCORDED IN SOCK 6. PACE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY RESOLUTION NO. V/_-, • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6070. (TENTATIVE PARCEL MAP NO. 6070) WHEREAS, Tentative Parcel Map "lumber 6070, submitted by 4ughes Development Corporation and consisting of 2 parcels, located on the east side of Sapphire Street, between 19th Street and Highland Avenue, being a division of a portion of the west one -half of lot 5, block 19, Cucamonga Homestead Association Lands; and, WHEREAS, Parcel Map Number 6070 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 6070 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Is Phillip D. Schlosser, Mayor f 0 E 1 CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: June 3, 1981 OIL "c 197 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer SUBJECT: Acceptance of Parcel Map 6246 - Immanuel Baptist Church The subject map is submitted by Immanuel Baptist Church of Pomona and is requesting the division of 6.55 acres into two parcels. One parcel will facilitate the use of a Church and Sunday School while the other parcel will be for future subdivision into single family homes. 19th Street will be fully improved as a condition of development. RECOMMENDATION It is recommended that Council adopt the attached resolution approv- ing Parcel Map 6246 and direct the City Engineer to forward the same for recording. Respectfully submitted, LBH: JS: jaa Attachment GCA }E, I'p 80' SNEET I OF I54tEE-TS S ARCEL MAP Na 6246 IN -THE CITY OF RANGIO CUCAMONGA, COUNTY Of SAN SERNAROIRO, STATE OF CALIFORNIA. . [ir[uNcOFr . w M:O u °eeiirweu %s,a Fio�ieo iooa i'. F r«.ceFw Oix c wr,o x .ixn[,x r .. aoF..F.Ip [OUFii,ai.i[ Y uLxPF ri„r .d .rw „.. e,o-[. ,V,rr[ w.rnr.FUrn:. rnnnF.un •�•, .r„o.,Far „e.r nw.o s[worlrmr cavxn. NrI /F.,T cnra.w..rr aao- rru�.vmiusre.. rw+�.:'v� I vvc vr.rrn v.eFS.oMr js' arw.rt� s n �...w w � � ,.. .,.. ..u.r 14 [ eeer• .`trr'Vr.r = if f T �' [4I.N �� V 1.�` r Y F •' -.��• a .w_sii eii•:..�a A: �,^; -» �[' ;i .'..':r'ii. r rFwRfdI F'O •r •aY .iMFC. e)rawrl,ymrv[c[[naeFpy H'✓u •- rvn. .n.+ �M�.Yrrn✓a. w�,H e+.r.�at re H.+ arv[I »N rorin `uf �FVn r[[M.[. uua(,f • • I RESOLUTION NO. 8( _%6 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6246. (TENTATIVE PARCEL MAP NO. 6246) WHEREAS, Tentative Parcel Map Number 6246, submitted by Immanuel Baptist Church of Pomona and consisting of 2 parcels, located on the south side of 19th Street, between Archibald Avenue and Amethyst Street, being a division of a portion of the west one -half of Lot 1, Block 8, of Cucamonga Homestead Association Lands; and, WHEREAS, Parcel Map Number 6246 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 6246 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor i✓ 1 • 2 3 4 5 6 7 8 9 10 } 1 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25++ 26 Is 27 28 In the Matter of the Claim of JAMES VIIXENC GALLOCCI JR. vs. The City of Rancho Cucamonga and The CMmty of San Bernardino. 1. The Clalmant,James Vincent Galluci Jr., hereby presents this claim Pursuant to Section 910 of The California Covernment code. 2. All correspondence regarding this matter is to be addressed to Claimant in care of Allen Bartle:an, Attorney at taw, 7253 Carnelian Av. Rancho Cucamonga, CA 91701. _ 1. On or about February 8, 1981 in 'the City of 'Rancho Cucamonga Claimant was operating his motor vehicle in a southerly direction on Carnelian Ave. between Baseline and Foothill Streets when water on the street caused Claimant's vehicle to skid and collide with other vehicles. Said water on the street was caused by the negligent design and/or maintainence of the roadway and drainage system by agents of the above entities. 4. Insofar as Claimant can determine his damages to date amount to approximately $11,000. aamputed on the basis of the damage to Claimant's vehicle, loss of wages and medical expenses. In additiouClaimarlt believes that his pain and suffering ray continue and he will potentially Ce damaged in a sum not yet determined. Baled: Fay 15, 1981 James Vincent Ga11uai�'��.r~A� V _ � 1! i • • 10 - 111 n,....1111!.111..1r.111 ,•CAS- S"Uff REPORT DATE: June 3, 1981 TO: City Council and City Manager FROM- Lloyd B. Hubbs, City Engineer SUBJECT: Retain Consultant to Review Victoria Drainage Plan 1977 Attached for Council review is a proposal from Bill C. Mann 6 Associates to provide review and comment on the proposed storm drain master plan for the Victoria Planned Community. Staff had originally received approval for a contract with L. D. King for this work. Since that time, Mr. Mann who was principal engineer on the project, has begun his own firm. To retain continuity with the City Master Plan, Staff would re- commend that this work be contracted with Mr. Mann. RECOMMENDATION It is recommended that Council approve a contract with Bill C. Mann and Associates to review the Victoria Planned Community Drainage Master Plan and authorize $3,950.00 from Storm Drain fees. Respectfully submitted, LBH: j as Attachment 7 � Bill c. Yarn 6 Associates 823 Val liar Road San Bernardino, CA 92404 • (Temporary Address) (714) 886 -2979 mi"1V 15, 1931 File: 81 -03 lk'. Lloyd Hubbs City of Rancho Cucartanga 9340 Baseline Rancho Cucamonga, California 91730 Subject: Review of Drainage and Flood Hazards - Victoria Development Dear Lloyd: In accordance with our recent discussion, I am submitting a pmeosal for reviewing the "Drainage Study and Flood Control Concepts for the Victoria Develocren." prepared by Hall 8 Foreman. Althoughwill review�an report work wi.il be the review of the drainage report, on the flood hazards to the area in general and make recoomendations thereto. • I would recorsnd the following Scope of Work: 1. Review flood hazards to the site and make specific ,,cormendations to reduce the flood hazards. The drainage report will be reviewed as it relates to flood hazards. 2. Review the hydrology methodology in the report and prepare addi- tional hydrology as necessary. 3. Review proposed flood control and drainage facilities proposed in the report. 4. Review proposed development and flood control measures as it relates to Deer and Day channels. 5. I ^.eet with City staff, developer and development Engineers as necessary. G. ihv�pare. a dr- zi.no7e an- 3lysis report on the development with rncortmen- d at: innn. Ci�j of Pancho Cucamonga May 15, 1931 Page 1`wo ,he above Scope of Work will be acccmplished on an hourly basis with a not to exceed budget of 5,450.00 without prior approval. Subsequent review of improverent plans, or any additional review of the proposed development plan can be accomplished on a negotiated basis. If the above meets with your approval, the review can be initiated inr..ediately with submittal bi approximately 3 to 4 weeks. Cordially, izi-C. a n, 811i �. �anr., P.E. Consulting -�ngmeer BCN:me n L • • 0 • 11 W STAFF REPORT Date: To: City Council and City Manager From: Bill Holley, Director, Community Services Department Subject: 80 -81 Roberti - Z'bert Block Grant As the Council is aware, the $12,000 in State money from the above referenced program must be committed by June 30, 1981. It is a 75/25 State /Local non - competitive allocation. The City will have to match $4,000 from the park development fund to give viability to the project, netting therefore, a project valued in the area of $16,000. Application on this grant has been kept in a "holding pattern" until this point to determine whether an acquisition project would materialize where the $12,000 could be played to full advantage within that area. While possible acquisition projects have been initiated, to withhold application on this particular money any longer would be cutting our safety margin too thin, jeopardizing this allocations availability to the City. Therefore, I would recommend that the City submit its application to the State, with appropriate Council Resolution, on a lighting project for Lions Park. As the Council will recall, we looked into this project about a year ago, after many valid comments were received regarding the very poor lighting in and about the parking and walkway areas surrounding the community center. The price tag was estimated at $10,000- $15,000 depending upon how much area was to be lighted and the sophistication of the selected equipment. The project was not pursued at that time due to available dollars. The park fund, while still small, can currently support the $4,000 expenditure. COUNCIL OPTIONS: 1. Initiate lighting project as referred to above at Lions Park Community Center; 2. Select a project of similar scope ($16,000) as an alternative; or 3. Delay until the end of June for possibility of an acquisition project. STAFF RECOMMENDATION: It is recommended that the Council exercise Option Cited above. If I can provide any further information, please advise. Sbb of California — The RewurM Agency Check One DEPARTMENT OF PARKS ANO RECREATION • ROBERTI.Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM Block Grant El Need Basis Grant ❑ APPLICATION FOR LOCAL ASSISTANCE GRANT v. p,etl r,.rr Estimated Total Project Cost s 16,000 Lions Park Community Center Exterior Safety Illumination Amount of Grant Request S 12,000 Amount of Matching Funds S 4,000 I appl¢am lateral .. aetl mt mcL no coact City of Rancho Cucamonga Source of Matching Funds City P.O. Box 807 9320 Baseline, Suite IT" Rancho Cucamonga, California 91730 P.a,rt Loca,mn caan„ San Bernardino Neelesl crt, Rancho Cucamonga 32 Addirsf and Nearest Cross Street' I Sint sin.,. Distills No 9161 Baseline Road...Lion Street t. Aa,mbl, 0....... Na 35 and 36 rAppl,unu P•yner.unvc Ararme .01 ro Retaluoun Director, time, William L. Holley Community Service Department 17141 989 -1851 INamel ITalel IPhonel Pe..nn wrp L, ,O Oly rtnor,,hrh,y Ipr Proles, Id drfbrrm from authpnaed reMelrnta,rvrl Same Islamel (Title, "horn ! n u"Plao al N.", term r A development project to illuminate the parking and walkway facilities surrounding the ComEmunity Center within Lions Park (an improvement itself made possible through Roberti- Viterg in 1978). Purpose of improvement is to provide safety and security , to the evening program participants, persons and property while entering and exiting I the Community Center. Currently the only lighting provided is spillage from adjacent uses and is sorely inadequate. I l 1. rl,e q.n J`+ ,..lnrrn. eon r ­a, lhn apehcalrnn. nClrNrnq reml,red allaehm.'nlf r, ayre le and Ina l hare r•atl mrd vnaertlJntl I r r r 11 nlnnnal.nn a.W it moon, an Iht renbte of Ihn trim SN. ✓d __ _ June 4. 1981 i A.whca ^I o,horvrd Rnl .fdr,niva,n Shown .n Rliiih, car, Darn 1 r, ,vlrY '"'.1, Ifni. to nYnlr.,,lnI his 'ler. or so,11 meol all facial, Ito It ar local en r I,r,,: I,11, lrulrr( hrllih, r•I eci ran, a'firmar. vt-I or. r,rle.. • rs,l,r,.rm.rn, am .,I of het ..Ir an,, ale cnee., laws. ar,d re9w l,l t n.,1. ro the e.aund.I ria of me ',a I first IP.r Wr r l:. rte rAi% 1. rs..art i 111. Ilrr m.. r,ry lull, render lol.dt Ihal ,Is, slo a orp +nro ll,'If P.ntn and Re,11ro' , von rut effort, a. v re,on.r4Llm. m .. . rp. a,. I'll-I bit Iewn.,, 111 Is I Ine a, onset, .aw, Y, .If. Ill r,. hl; ,hest In. oepar, man, slit, condor ..In ascs, Ia a. me.. rp,"llI w .ignnl Leas, Gaumerl City of Rancho Cucamonga, California Anrl,c.m IIPR E3] 1111901 fora,)_, June 4, 1981 Oatt Sail. of CaLlarrva —Th. R.nuece, Agmcv DEPARTMENT OF PARKS AT RECREATION GRANT AGREEMENT URBAN OPEN SPACE AND RECREATION PROGRAM • APPLICANT City of Rancho Cucamonga __.PROJECT NUMBER PROJECT TITLE Lions Park Community Center Exterior Safety Illumination Umer Me iTirms and conauons of this agreement, me Implicit., egrtm Id cpmplme the Pod,, as esscnMd in he pane.. descnpnan, and she Sue of Caoforrva, acting through its Dueclpr of Parts and Reaemion pursuant m the Robeh Z'be, Urban One, Space and Recitation Program An, IPnblrt Resources Code Section 562r If agrees to fund Ili, pplectlst up to the total state gram amount mdtcared PROJECT DESCRIPTION (Indicate acnmHbon or development) A development project to illuminate the parking and walkway facilities surrounding the Community Center within Lions Park (an improvement itself made possible through Roberti - Z'berg in 1978). Purpose of improvement is to provide safety and security to the evening program participants, persons and property while entering and exiting the Community Center. Currently the only lighting provided is spillage from adjacent uses and is sorely inadequate. Total St,do Gnnl (not In exceed the grant entitlement not to exceed 75 percent of Protect cost) $12,000 City of Rancho Cucamonga ApPL4n1 ey William L. Holley The General Provisions attached are made a part • of and are incorporated into the Agreement. Srgnelu,e m1 4umury.d R•oremtrtan,re Tale Director, Community Service Department Date June 4. 1981 13y_ Title Date STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By CERTIFICATION OF FUNDING HACT;.II:RCR IFUNo AMOUNT OF THIS ESTIMATE APrROPRIATtON 5 URNAN GRANT$ UNENCUAtRERED RALANCE ITEM CHAPTER .STATUTES FISCAL YEAR AU11NOiLA51NG fNI:11A1NHAV( E TI)YIa ION 5 • ADa OECRETSIPIG f NCUbann'TCE LIVE ITEM AIL�iMENT 5 I Rt••my Cmtdv wne v t mr Duman ✓mwl•doe Ih,I nudrP: Td - Td; _779A No e R Nn SIGNAiU R E O F A C C0 r N T I NG 04 F I C 6 R l DaR DPR 633 1 I 2 'ao, RESOLUTION NO. 15P; -(0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN - SPACE AND RECREATION PROGRAM FOR LIONS PARK COM- MUNITY CENTER EXTERIOR SAFETY ILLUMINATION WHEREAS, the legislature of the State of California has enacted the Roberti - Z'berg Urban Open -Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Depart- ment of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; and WHEREAS, said applications contain a certification that the applicant will comply with all federal, state, and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with einphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application under the Roberti - Z'berg Urban Open -Space and Recreation Program; and 2. Certifies that said agency understands the general provi- sions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the projects) funded under this program; and 4. Certifies that said agency has or will have available prior to commencement of any work on the project(s) included in this application matching money from a nonstate source; and 'JP 5. Certifies that the project(s) included in this application ii conform to the recreation element of any applicable city or county general plan; and 6. Appoints the Director of Community Service Department as agent of the City of Rancho Cucamonga to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on which may be necessary for the comple- tion of the aforementioned project(s); and 7. Appoints Samuel Crowe or Robert Dougherty, City Attorneys, as legal counsel for said agency with authorization to sign the certification on page 1 of application. PASSED, APPROVED and ADOPTED this 3rd day of June, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. 'Wasserman, City Clerk Phillip D. Schlosser, Mayor 1 • CITY OF RANCHO CUC:k \10 \GA aCv_ _ic) \� STArr REPORT Ci a F DATE: June 3, 1981 1977 TO: City Council and Citv Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Fee Increase and Amending Resolution No. 79 -1 for Wide and Heavy Vehicle Load Permit, House Moving Permit and Annual Permit Sine the City incorporated, the fees for the subject permits have not increased. Listed below are the fees the Cities of Ontario and Upland charge for their permits: Ontario - Wide and Heavy Load Permit: $10 /day (Over 14' wide)$20 (over 80,000 lbs) $20 House Movin Permit: $30 + $5.00 each section (4 sec g tions per house) Annual Permit: $250 /year • Upland - Wide and Heavy Load Permit: $30 /day House Moving: 30 + $ per section (4 sections per house) Annual Permit: $268 /year Rancho Cucamonga - Wide and Heav Load Permit: $3/48 hrs (Over 14' wide) l0 (Over 80,000 lbs.) $10 House Moving: $25 Annual Permit: $25 /year Because of the time of issuing permits, and the time involved in reviewing the traveled route by the Public Works Engineer and the Police Department because of possible damage to roads, the Engineer- ing Department recommends that the fees increase as follows: Wide Load (Under 14 feet) $10.00 (If over 18 feet high (Over 14 feet) $20.00 contact Utilities) Heavy Toad (Under 80,000 Lbs)$10.00 (Over 80,000 Lbs) $20.00 (Contact Public Works Engineers and Police Dept.) House Movinic: $40 per caravan Annual Permit: $150.00 /year U� Fee Increase and Amending Resolution No. 79 -1 for Wide and Heavy Vehicle Load Permit, House Moving Permit and Annual Permit June 3, 1981 Page 2 • RECOMMENDATION It is recommended that Council approve the increase in the fees as listed; a resolution is attached should Council concur. Respectfully subb/�miitttte, edd LBH:UJAA:jaa Attachment ;/I • • • WIDE AND HEAVY VEHICLE LOAD PERMIT PROCEDURES 1. Applicant calls or comes in for permit. 2. Check file for "Certificate of Insurance" for carrier, if no insurance on file, $500 deposit required before permit is issued. 3. Complete form with pertinent information. 4. House moves or widths greater than 25 feet must move from midnite to 6:00 am only. 5. Pilot cars are required for widths over 15 feet. cc: Police Dept.; Monte Prescher 6. Loads over 18 feet in height contact utilities (carrier notifies) cc: Police Dept.; Monte Prescher 7. eernit is valid for 24 hours from effective date. 8. Sign permit after applicant has paid fee. Make copy of receipt for file and copy of applicant for carrier. • 9. Record permit in wide/heavy load permit log. FEES Houses (max 4 sections)$40 per caravan Wide Load (under. 14 feet) $10.00 wide Load (over 14 feet) $20.00 Heavy Load (under 80,000 #)$10.00 Heavy Load (above 80,000 #)$20.00 (contact Police Dept.) ANNUAL PERMIT 1. Valid one year from date of permit issuance. 2. Applicant fills out out all pertinent information. 3. Applicant must still notify Engineering Department (Judy) of a move after annual permit is issued - no charge. 4. No house moves are permitted on annual permit. FEE !� $150.00 /year RESOLUTION NO. 79 -1 -A • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 79 -1, SECTION 4.0 INCREASE OF FEES. The City Council of the City of Rancho Cucamonga does hereby resolve to amend Resolution No. 79 -1, section 4.0 as follows: 4.0 Wide and Heavy Vehicle Load Permit House Moving Permit, and Annual Permit 4.1 t Deposit: Before issuing the permit, the City Engineer small require or the applicant a deposit of a sum of money equal to twice the amount of the estimated expense to indemnify the City for such expenses, as well as against any loss or damage which the City may sustain by reason of damage or injury to any street, sidewalk, fire hydrant or other prooerty of the City. Such deposit shall not be less than $500.00 or a Certificate of Insurance on file in the office of the City Engineer. 4.2 House Moving Permit: A fee for four (4) sections are subject to permit fee of 40 per caravan shall be paid by the applicant who applies for a house moving permit. is 4.3 Wide Loads: (Under fourteen (14) feet: $10.00 (Over fourteen (14) feet): $20.00 4.4 Heavy Loads: (Under 80,000 lbs.): $10.00 (Over 80,000 lbs.): $20.00 4.5 Annual Permit: For loads nor more than fourteen (14) feet and heavy loads not more than 80,000 lbs. No House Moving Permits. $150.00 /year. ATTEST: PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981. AYES: NOES: ABSENT: City Clerk a CITY OF RANCHO CT AMONGA STArr REPORT DATE: June 3, 1981 TO: City Manager and Members of the City Council FROM: Barry K. Hogan, City Planner BY: Tim J. Beedle, Senior Planner SUBJECT: LEASE AND ROYALTY AGREEMENT FOR USE OF COMPUTER PROGRAM FOR FISCAL MODEL Attached for your review and approval is a copy of the proposed Lease and Royalty Agreement between the City and the consultant firm MKGK for the continued use of the Fiscal Model Computer Program. This Lease and Royalty Agreement gives the City the right to use the computer pro- gram designed for the Fiscal Model. The Agreement establishes a royalty for use of the computer model based upon the amount of computer data input contained within the program. The royalty for each model run would be less than $50 per use. The terms of this Agreement shall run for a period of no less than twelve (12) months. RECOMMENDATION: It is recommended that the City Council direct Staff to enter into the Agreement for the Lease and Royalty of the Fiscal Model Computer Program between the City and MKGK, Incorporated of San Francisco. lly submitted, _PV'AJ " -e i BARRY K. H City Planet �KH:TJB"jr Attachment LICENSE AND ROYALTY AGREEMENT • This Royalty Agreement is entered into as of the date of acceptance indicated below by and between MKGK Incorporated "MKGK", whose principal offices are located at 1095 Market Street, Suite 300, San Francisco, California 94103, and ( "Customer ") whose principal with reference to the following facts and circumstances: A. MKGK has developed a fiscal impact development planning and budgeting model (the "Model "). The model consists of computer software in two parts. Each part is owned separately -- one part is owned by MKGK, the other part is owned by Kenneth Leventhal & Company. MKGK is licensed to sublicense the part owned by Kenneth Leventhal & Company. The license to customer to use the model consists of the following: 1. A direct license to customer of the software owned by MKGK. 2. A sublicense to customer of the software owned by Kenneth Leventhal & Company. • MKGK desires to grant to Customer a non - exclusive right to use the Model and its related manual, input sheets and other documentation (sometimes collectively referred to as "documentation ") for the purpose of creating a public cost fiscal impact model(s). B. Customer is desirous of obtaining a license to use the Model and the documentation under the terms and conditions set forth below. NOW, THEREFORE, MKGK and Customer do hereby mutually agree as follows: 1. By its written acceptance at its San Francisco office, MKGK grants to Customer and Customer hereby accepts on the terms and conditions set forth herein a non- transferable license to use the Model and related documentation in which the license fees are set forth below. 2. The term of this Agreement shall commence on the date of acceptance by MKGK and shall remain in force for a period of twelve (12) months unless sooner terminated by MKGK as herein provided. Thereafter, it shall �m continue until terminated by either party upon giving the other party one month's written notice of such • termination. In consideration for the use of the Model and its related documents and the services provided by MKGK hereunder, Customer shall be obligated to pay the following fees to MKGK. a. Fees paid by Customer shall entitle Customer to the use of MKGK's manual and other documentation during the term of this Agreement solely for the purposes set forth herein. Any training, consult- ing or installation services required or desired by Customer shall be paid for by Customer in accordance with MKGK's established policies in effect at the time such services are rendered. b. Royalties for the use of the Model are computed as follows: (i) Twenty -five cents (25¢) for each line of data input; plus one -half cent (I/2¢) for eava numeric line of data output multiplied by the number of columns printed; plus one - eighth cent (I 18j6) for each non - numeric line of data output multiplied by the number • of columns printed. (ii) The royalty computed in accordance with the foregoing will not exceed $350 during any calendar month and will not exceed $3,500 per year. C. In the event Customer requests additional consult- ing, training, installation, maintenance or other support services, such services will be provided at the then current hourly billing rates of MKGK. All payments due under the terms of this Agreement shall be paid within thirty (30) days after receipt of the invoice from the sublicensee. Should default be made in the payment of any sums due hereunder, such defaulted sum shall bear a service charge of one percent (I3) per month on the unpaid balance. Upon any default in the payment of any amount when due in accordance with the terms of this Agreement, MKGK may, at its option, terminate this Agreement. All assistance requested by Customer hereunder shall be provided by MKGK during normal business hours after reasonable notice from Customer. Any services . FiiJ - 3 - rendered by MKGK hereunder will be performed in a • professional manner. S. In addition to any license fee or other charge here- under, there shall be added to the amounts to be paid by Customer under this Agreement amounts equal to any sales and /or use tax, excise tax, tariff, duty, prop- erty tax, or any other tax in lieu therefore imposed by any governmental authority with respect to this Model, its documentation or the services provided by MKGK hereunder. f. 6. It is understood and agreed by Customer that the Customer's "use" of the Model shall be limited to the utilization of the Model through remote terminal devices connected with a time - sharing service bureau which has the Model stored in its program files under an agreement with MKGK and subject to the terms and conditions of any Agreement entered into between such service bureau and Customer. Customer shall not be given possession of the Model on any media whatsoever nor shall Customer be entitled to access to the Model except through remote terminal devices and then only for the purposes of executing fiscal impact develop- ment planning and budgeting problems with the assis- tance of the Model. The rights granted to Customer hereunder may not be sublicensed, sold, offered for • sale or otherwise disposed of or exploited. The Customer is responsible for satisfying itself as to the qualifications of the service bureau and as to the suitability of the service bureau for Customer's pur- poses. Furthermore, Customer shall be solely respon- sible for negotiating and signing a contract with such service bureau for the time - sharing services required to enable Customer to utilize the Model and for obtaining its own terminals and other equipment or other services necessary therefor. MKGK shall have no responsibility whatsoever for any time - sharing or terminal charges incurred by the Customer or any other obligations or responsibilities of Customer in connec- tion with the use of the Model, nor shall MKGK be responsible for any malfunctions of any hardware or software utilized in connection with Customer's use of the bureau. In the event Customer does not find the service bureau at which the Model is then currently stored to be acceptable to Customer, Customer may request in writing that the Model be stored at a time - sharing service bureau of Customer's choice upon not less than sixty (60) days' prior written notice, provided that any such new service bureau has equip- ment and softfware which is compatible with any service bureau which is then storing the Model for the type of use contemplated by this Agreement and such f. _ q _ new service bureau agrees to such terms and conditions as are requested by MKGK in its sole discretion with • respect to the storage, protection, and use of the Model. All costs of transferring, converting and maintaining the Model at the new service bureau selected by Customer shall be borne solely by Customer. At the option of MKGK, the Model may be moved from the service bureau being utilized from time to time by Customer and other users of the Model, provided that Customer is given at least one month's written notice prior to such change. MKGK shall not be responsible for any costs or expenses incurred by Customer as a result of any such change. Furthermore, all the provisions of Paragraph 6 above concerning Customer's relationship with the service bureau currently storing the Model shall apply to any new service bureau to which the Model is moved irrespective of whether such move is requested by MKGK or Customer. MKGK shall have the right at all times and from time to time during the term of this Agreement to change or otherwise modify the Model, and such modifications shall be transmitted to Customer. MKGK shall not be responsible for any changes in the input, output or machine time usage necessitated by any such modi- • fications or otherwise. However, no Customer fees shall be charged on output required to effect a change on the Customer which result from such MKGK modifications. 9. Customer shall be responsible for insuring that all of its employees who are involved in the use of the Model are familiar with procedures to be followed in error detection and for the entire supervision, management, and control of the use of the Model and its related documentation including, without limitation, internal controls to insure proper use of the Model, security, insurance and all other activities necessary to insure that results which are adequate for Customer's needs are obtained from the use of the Model. 10. MKGK shall provide the Customer with one copy of a manual which describes the operation of the Model and which sets forth instructions for its use. Customer may make additional copies of the manual only for any Purposes of its own. Subject to availability, addi- tional copies will be made available to Customer at MKGK's then current charge for such copies. Upon any termination of this Agreement, Customer agrees to return to MKGK all copies of the manuals in his possession. • r � - 5 - 11. It is expressly understood and agreed that the Model, • the manual, the input sheets and other documentation related thereto constitute valuable proprietary pro- ducts and trade secrets of MKGK embodying substantial creative efforts and confidential information. Cus- tomer agrees to observe reasonable confidentiality with regard to all information relating to the Model provided to Customer with the limitation that disclos- ing and otherwise permitting access to such informa- tion may be made by the Customer where a public agency is involved. The public agency will be then free to utilize the model output as public information; how- ever, the basic construction of the Model information shall not be provided or otherwise made available to other public agencies, private contractors, or the public, whether gratuitously or for a valuable con- sideration, in any form to or for the benefit of any person or entity. 12. Notwithstanding anything to the contrary contained in the manual or in any other documentation provided to Customer, MKGK shall not be responsible for the adequacy or suitability of any results obtained by Customer from the use of the Model. MKGK's sole responsibility for errors in the Model shall be limited to correcting such errors within a reasonable period of time after notice from Customer of the • existence of such errors. 13. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND FITNESS FOP, A PARTICULAR PURPOSE. 14. It is understood and agreed by Customer that the use of the Model being granted hereunder is intended for Customer's own use. The Customer hereby agrees to indemnify and hold MKGK harmless from any claims by any persons not a party to this Agreement arising in a manner out of the use of the Model by Customer. 15. Upon breach by Customer of any term or condition of this Agreement, MKGK shall be entitled to pursue any remedy available to it at law or equity or otherwise in addition to any specific rights or remedies set forth herein, including the right, at MKGK's option, to terminate immediately this Agreement and the license granted hereunder. Because of the unique and proprietary nature of the Model and its related manual and documentation, it is understood and agreed that MKGK's remedies at law may be inadequate and that MKGK shall be entitled to equitable relief, including A� without limitation injunctive relief, specific perfor- mance or other equitable remedies. - 6 - 16. Should any of the provisions of this Agreement, or portions thereof, be found invalid by any court of • competent jurisdiction, the remainder of this Agree- ment shall nonetheless remain in full force and effect. 17. All notices, requests or other communications here- under shall be in writing and shall be deemed to have been duly given if delivered personally or mailed, by United States certified or registered mail, prepaid, return receipt requested, to the parties or their permitted assignees at the addresses indicated above (or at such other address as shall be given in writing by either of the parties to the other). 18. This Agreement shall be constructed and enforced in accordance with the laws of the State of California. No action or proceeding based upon this Agreemert or arising out of its performance shall be instituted by either party more than one year after the cause of action has accrued. In no event shall MKGK's liability arising out of or based upon this Agreement exceed the license fees or other amounts paid by Customer hereunder. 19. Any publications involving the use of the Model shall reference and give credit as "FISCOM, a computerized • Fiscal Impact Model developed by MKGK Incorporated, San Francisco, California." 20. MKGK and Customer acknowledge that they have read this entire Agreement and that this constitutes the entire understanding and contract between the parties hereto and supersedes any and all prior or comtempor- aneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. It is expressly understood and agreed that no employee, agent or other representative of MKGK has any authority to bind MKGK with regard to any statement, representation, warranty, or other expres- sion unless the same is specifically included within the express terms of this Agreement. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by both of the parties hereto. 0 -T- 21. This Agreement shall be binding upon the respective parties hereto and their successors and permitted assigns. CITY OF RANCHO CUCAMONGA City Manager ATTEST: • City Pianner DATE: APPROVED AS TO FORM AND CONTENT City Attorney 9 ACCEPTED BY 014NER: MKGK, INCORPORATED BY: DATE: • • 31 DATE: TO: FROM: SUBJECT: CITY OPRAINCHO CUCAPotO \Gk o�`c�Wptic STAFF REPORT? a June 3, 1981 F a, z U y City Council and City Manager 1977 Lloyd B. Hubbs, City Engineer Consent Calendar, Release of Bonds and Notice of Completion Tract 9444 - located at Amethyst and Banyan Streets OWNER: Nubank International, Inc. 2062 Bussiness Center Dr., Suite 110 Irvine, California 92715 Monument Bond $2,200.00 Certification from Associated Engineers indicates that all final monuments have been set and they have been paid in full. Site Approval No. W91 -55 - located at the southeast corner of Beryl and Banyan Streets (St. Peter and St. Paul Catholic Church) OWNER: Earle T. Casler E Earle T. Casler, Inc. AJV P.O. Box 1270 1094 E. 9th Street Upland, California 91786 Faithful Performance Bond (Road) $34,600.00 The street improvements have been constructed in accordance with the approved plans and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. LBH:blc rr: 0 RECORDING REQUESTED BY CITY OF RANCHO CUCA.MONGA Post Office Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO CITY CLERK CITY OF RANCHO CUCAMONGA Post Office Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate i9: Site Approval Ms. N91-55 • 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Baseline Road, Post Office Box 807, Rancho Cucamonga, California 91730. 3. On the 314 day of June 1981 , there was com- pleted on the hereinafter described real property the work of im- provement set forth in the contract documents for Site Approval No. V91 -55 4. The name of the original contractor for the work of im- provement as a whole was Earle T. [aster S Earle T. Caster, Inc. AJY . S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Site Approval No. W91-55 The street address of said property is: N/A DATED: , 19 CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner BY: (Tame) (Title) ORDINANCE NO. 123 -A • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.024A OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE NO, 123 BY ADDING SECTIONS 61.024A(a)(6), 61.024A(g), AND 61.024A(h) TO PROVIDE FOR MOBILEHOMES WITHIN THE R -1 ZONE, MINIMUM DWELLING UNIT WIDTHS, AND DESIGN REVIEW FOR ALL RESIDENTIAL DWELLINGS. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Section 61.024A(a) of the Rancho Cucamonga Interim Zoning Ordinance is hereby amended by adding a new subsection consisting of 61.024A(a)(6), to read as follows: (6) One (1) mobilehome, which is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and which was constructed after October, 1976, is permitted on legal lots of record 7200 square feet or less in area and zoned R -1 -7200, if placed on a permanent foundation system in compliance with all applicable building regulations and the Health and Safety Code, Section 18551. The Design Review Committee shall determine if such placement is compatible to the immediate area in which it is being placed, in accordance with Design Review Ordinance No. 89 • and the following criteria: (A) The design of the mobilehome unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof over- hangs, roof materials and exterior materials. (B) All building setbacks, parking, coverage, height, width and sign requirements of the R -1 -7200 zone shall apply and shall be complied with. (C) Lots larger than 7200 square feet and zoned other than R -1 -7200 are found not to be compatible with mobilehome usage and are not permitted as such usage, based upon the significant difference in unit size, height and design associated with dwellings on large lots or within large lot subdivisions. SECTION 2: Section 61.024(A) of the Rancho Cucamonga Interim Zoning Ordinance is hereby amended by adding a new subsection 61.024(A)(9) and sub - title, to read as follows: (g) DWELLING UNIT WIDTH AND DEPTH REQUIREMENT: All dwellings within this zone shall have a minimum width of twenty (20') feet, and a minimum depth of twenty (20') feet, excluding the garage. J � Ordinance No. 12? ^ Page 2 SECTION 3: Section 61.024(A) of the Rancho Cucamonga Interim • Zoning Ordinance is hereby amended by adding a new subsection, 61.024(A)(h) and sub- title, to read as follows: (h) DESIGN REVIEW REQUIRED: Pursuant to Ordinance No. 89, all residentail dwellings and structures are subject to Design Review by the Design Review Committee and shall be reviewed in conformance with the criteria contained within that Ordinance. SECTION 4: The City Council of the City of Rancho Cucamonga, California, hereby finds that these amendments will not cause significant adverse impacts on the environment and issues a Negative Declaration for this Amendment. SECTION 5: The Mayor shall sign this Ordinance and the City Clerk shal 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 , 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Sch osser, Mayor • ORDINANCE NO. (,9- d • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 16.24 FINANCING FOR INTERIM SCHOOLS, SECTION 16.24.080 AMOUNT OF FEES, TO REQUIRE THAT MOBILEHOMES ON SINGLE LOTS BE CLASSIFIED AS A SINGLE- FAMILY DWELLING AND PAY THE ESTABLISHED FEE FOR SINGLE- FAMILY DWELLINGS. The City Council of the City of Rancho Cucamonga, California, does amend as follows: SECTION 1: 16 24 080 Amount of fees and time of payment. A. When fees are required by this chapter such fees shall be as follows: 1. For development within the Alta Loma Elementary School District, eight hundred ninety -three dollars per single - family dwelling or a mobilehome on a single lot and i.,r hundred forty -six dollars per mobilehome space or each unit of a multiple -unit dwelling structure which contains two or more bedrooms. • 2. For development within the Central School District, nine hundred eight dollars per single - family dwelling or a mobilehome on a single lot and four hundred fifty -four dollars per mobilehome space or each unit of a multiple - unit dwelling structure which contains two or more bedrooms. 3. For development within the Cucamonga School District, seven hundred dollars per single - family dwelling or a mobilehome on a single lot and three hundred fifty dollars per mobile home space or each unit of a multiple - unit dwelling structure which contains two or more bedrooms. 4. For development within the Chaffey Joint Union High School District, six hundred dollars per single- family dwelling or a mobilehome on a single lot and three hundred dollars per mobile home space or each unit of a multiple -unit dwelling structure which contains two or more bedrooms. 8. Any room which is designated for sleeping which has a closet is a bedroom for the purposes of this chapter. C. The City Council may require dedication of land in lieu of fees, or a portion thereof, with respect to any subdivision A containing more than fifty parcels. Ordinance No. Page 2 D. When fees are required by this chapter, such fees shall be . paid at the time the building permit is approved and issued. Fees shall be held in trust for the City until transferred to the affected school district or districts. E. No disbursement shall be made to any school district until such district has complied with Government Code Section 65976. F. When a building permit is issued by an enforcing agency other than the City, the fees required by this chapter shall be paid directly to the City Building Department and not to the enforcing agency. (Ord. 74 S1, 1979; Ord. 69A.01 S1, 1979; Ord. 69A S1, 1979: Ord. 69 S1, 1979: Ord. 56 S1, 1979: Ord. 30 S1, 1978). SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 1981 AYES: NOES: • ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk l J ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 3.24 PARKS AND RECREATION TAX. SECTION 3.24.040 TAX - AMOUNT, TO REQUIRE A MOBILE HOME UNIT ON INDIVIDUAL LOTS TO PAY THE PARK TAX EQUAL TO A SINGLE - FAMILY DWELLING, $300. The City Council of the City of Rancho Cucamonga, California, does amend as follows: SECTION 1: 3.24.040 Tax -- Amount. Every person constructing any dwelling unit within the City sa pay the City the following: A. For each single family dwelling unit or mobilehome on a single lot, the sum of $300.00; B. For each multiple dwelling unit, the sum of $180.00; C. For each mobile home unit within a mobilehome park and not on a single lot, the sum of $150.00. Ord. B S4, 1977). SECTION 2: The Mayor shall sign this Ordinance and the City • Clerk shal 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 1931. AYES: NOES: ABSENT: ATTFST: Lauren M. Wasserman, City err 10 Phillip D. Schlosser, Mayor f�C ORDINANCE NO. 14 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 171 -20 & 38 FROM R -1 -8,500 TO R -3 -PD FOR 6.4 ACRES OF LAND LOCATED ON THE WEST SIDE OF HERMOSA AVENUE, NORTH OF 19TH STREET. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental • impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. Assessor's Parcel Number 202- 171 -20 & 38 is changed from R -1 -8500 (single family residential) to R -3 -PD (Planned Development). Said property is generally located on the west side of Hermosa Avenue, approximately 330 feet north of 19th Street. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 1981. AYES: NOES: ABSENT: y • • 10 QTY OF RAnQ-IO CLrANK;\'GA STAFF REPORT C ICAMO . !✓�O hC7 P 7' r O -('� O L D 2 U > 1977 DATE: June 3, 1981 TO: City Manager and Members of the City Council FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: AN AMENDMENT TO CITY COUNCIL RESOLUTION N0. 79 -7A (THE RES DENTIAL ASSESSMENT SYSTEM - Amending definition of Affordable Housing in accordance with the adopted General Plan. ABSTRACT: In the adoption of the General Plan and the housing policies contzined therein, the definition of affordable housing was changed to meet the desires and the goals of the City. During the public hearings at the Planning Commission, they adopted Resolution No. 81 -06 which rec- ommended amending the definition of affordable housing in the Draft Gen- eral Plan, which was ultimately presented to the City Council and adopted. Since the definition of affordable housing is contained within the Resi- dential Assessment system under the Growth Management Plan, it is neces- sary to amend that Resolution to reflect the City's current definition. RECOMAENDATION: It is recommended that the City Council adapt the attached Resolution. ctfully submitted, :MV :jr Attachments: Proposed Resolution RESOLUTION NO. 79 -74 -A • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING, SECTION 5 OF CITY COUNCIL RESOLUTION NO. 79 -74, THE DEFINITION OF AFFORDABLE HOUSING IN THE RESIDENTIAL ASSESSMENT SYSTEM TO BE CONSISTENT WITH THE ADOPTED GENERAL PLAN. WHEREAS, the City Council of the City of Rancho Cucamonga has adopted a complete General Plan including a Housing Element; and WHEREAS, the Planning Commission of the City of Rancho Cucamonga has recommended adoption of the amended definition. NOW, THEREFORE, BE IT RESOLVED by the City Council that Section 5 of Council Resolution No. 79 -74 be amended as follows: SECTION 5: AFFORDABLE HOUSING The Growth Management Committee shall review all projects for the provisions of adequate housing for all segments of the population in order to create diversified neighborhood environments and income groups, avoiding concentrations of any single income group in one particular neighborhood. Those residential development projects which provide • "affordable" housing shall be given additional points. For purposes of this section, Affordable Housing is defined as: Owner- occupied. An affordable housing unit is defined as one which has been purchased and occupied by a household whose income is less than 120% of the most current median family in- come in the regional market area as periodically defined by Southern California Association of Governments (SCAG). Renter - occupied. Fair market rent in San Bernardino County, as defined by Section 8 of the Housing and Community Development Act, which shall be readjusted periodically. Criteria 1. Affordable housing shall be evaluated using the following criteria: a. Project provides 15% or more affordable housing (6 points). b. Project provides 5 to 15,; affordable housing (4 points). ut No. 79 -74-A Page 2 C. Project provides 1 to 5% affordable housing (2 points). • (NOTE: For projects submitted as Planned Communities, P.U.D.'s, phased master planned developments, etc., Affordable Housing shall be evaluated for the entire project and the points shall be applied to each phase of that project). PASSED, APPROVED, and ADOPTED this 3rd day of June, 1961. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor i � • A 0 (11 CITY OF RANCHO CUCk1VI0 \GA STAFF REPORT DATE: June 3, 1981 TO: City Manager and Members of the City Council FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 81 -02 - An amendment to the Growth Management Plan - An amendment to the Rancho Cucamonga Municipal Code amending Chapter 17.04, Section 71.04.080, to eliminate the tri- annual review period and allow projects to be filed on an open basis. ABSTRACT: Under the provisions of the Growth Management Plan, resi- dential projects can only be submitted three times during the year; April, August, and December. By limiting filing of residential pro- jects to these periods, problems have been created for both the devel- opers and the Staff. Staff has found that the filing periods have createu rush filings and pressures on private engineers and architects. It is felt that elimination of the filing periods, in favor of an open filing, would allow developers ample opportunity to design projects of higher quality. The Planning Commission, at their meeting of May 27, 1981, held a public hearing to consider such amendment. Please find attached a copy of the Staff Report to the Planning Commission and a Resolution of the Planning Commission recommending approval of such amendment to the City Council. During the course of the public hearing at the Planning Commission meeting, no one spoke in opposition to the amendment. Please find attached a copy of the proposed Ordinance amendment for your review and consideration. This amendment does not affect any other por- tion of the Growth Management Plan or the review process that has been established. RECOMMENDATION: It is recommended by the Planning Commission that the City Council consider said amendment and adopt the attached Ordinance. Res,pAHO62N ubmitted, -D ,`./City, P a 6r BKH:MV:jr Attachments: Planning Commission Staff Report of May 27, 1981 Proposed Ordinance r 0 CITY OP IZA \CI -10 CUC-( OXG.A STAFF REPORT DATE: May 20, 1981 ' TO: Members of the Planning Commission FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZOA 81 -02 - AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN --An amendment to the Rancho Cucamonga Municipal Code, amending Chapter 17.04, Section 17.04.080, to eliminate the tri- annual review period and allow projects to be filed on an open basis. ABSTRACT: In an effort to continue the improvement to the Development Review process, Staff is proposing an amendment to the Growth Management Plan that would eliminate the tri- annual review periods and allow open filing for residential projects under the Growth Management Review pro- cess. Originally, it was thought that the limiting the filing periods would allow a more logical and reasonable processing procedure for pro- jects. However, we have found that these deadlines have created burdens for developers, private engineers and architects, and City Staff. Over the last 3 filing periods we have found that there is a large crunch at the end of the period in order to get projects ready for submission. This has also led to the filing of projects which have been put together on the spur of the moment and do not reflect the quality or thought that the Commission desires. By opening up the filing periods, it is anti- cipated that developers and engineers will take more time to prepare a quality package and allow Staff the ability to phase projects in the review process as they are submitted, rather than trying to deal with a bulk of projects all desiring to be reviewed simultaneously. In addition to this amendment, Staff is also requesting the City Council to amend Council Resolution No. 79 -74 (the Residential Assessment System) to reflect the definition of Affordable Housing, as shown in the adopted General Plan. The Commission adopted this definition through Commission Resolution No. 81 -06, which is attached for your information. Please find attached a copy of the proposed Ordinance which is planned to be presented to the City Council at its meeting of June 3, 1981. Staff is seeking concensus of the Planning Commission on this revision and a recommendation of approval to the City Council. 6,q ITEM F Staff Report • ZOA 81 -02 -2- May 20, 1981 RECOMMENDATION: It is recommended that the Planning Commission conduct a public hearing to consider any input relative to this matter. upon conclusion of the public hearing, Staff recommends the adoption of the attached Resolution which recommends adoption of the amendment as outlined in the attached Ordinance. Respectfull submitted, ARRY.�K. HOG City,' Planner/ Attachments: Resolution of Approval Proposed Ordinance • Commission Resolution No. 81 -06 • I RESOLUTION NO. 81 -63 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 81 -02, TO ELIMINATE THE TRI- ANNUAL FILING PERIOD OF THE GROWTH MANAGEMENT PLAN, TO THE CITY COUNCIL. WHEREAS, the Planning Commission held a duly advertised public hearing to consider Zoning Ordinance Amendment No. 81 -02; and, WHEREAS, the Planning Commission seeks to improve the development review process. SECTION 1: The Rancho. Cucamonga Planning Commission hereby recommends to the City Council, approval of Zoning Ordinance Amendment No. 81 -02, which ammends Chapter 17.04, Section 17.04.080 of the Municipal Code, as shown on the attached proposed ordinance. SECTION 2: The Rancho Cucamonga Planning Commission finds that this amendment will not cause significant adverse impacts upon the environment and therefore recommneds issuance of a Negative Declaration. APPROVED AND ADOPTED THIS 27th DAY OF MAY, 1981. • PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard Dahl, Chairman ATTEST: Secretary of the Panning Commission I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of May, 1981 by the following vote to- wit: AYES: COhMISSIONERS: REMPEL, SCERANKA, KING, TOLSTOY, DAHL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE E ORDINANCE NO. 4'7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, CHAPTER 17.04, GROWTH MANAGEMENT PLAN, SECTION 17.04.080, TO ELIMINATE THE TRI- ANNUAL REVIEW PERIODS. The City Council of the City of Rancho Cucamonga hereby ordains the following: SECTION 1: Chapter 17.04, Section 17.04.080 of the Municipal Code is hereby amended to read as follows: 17.040.080 Review and processing procedures for residential development. A. Establishment of a residentia assessment system. 1. A residential assessment system adopted by the council shall establish five basic categories and each category shall be assigned a maximum total points which will then be divided into sub - categories for rating purposes. The five basic categories are: public services, design quality, affordable housing, planned communities and planned unit developments, and orderly development. 2. Applications for total development shall be rated by the growth management committee for (1) public services, (2) affordable housing, (3) planned communities and planned unit developments (PUD) and • (4) orderly development, and by the design review committee for design quality. 3. Applications for custom lot /tract subdivisions shall be rated by the growth management committee for (1) public services, (2) site orientation and street design and (3) orderly development. 4. After rating, if the project meets or exceeds the threshold point limit, the subdivision will proceed to the planning commission for review and action. For those custom lot subdivisions that are proposed to be built as a whole or total project and for tract subdivisions that have received planning commission approval, reapplication under total development, Section 1, Resolution No. 79 -74, a copy of which shall be on file in the office of the city clerk, shall be required as a condition of approval to be satisfied prior to approval and recordation of final map. 5. Projects shall be evaluated under the residential assessment system by the community development director. Applications may be filed with the Planning Division. Complete applications will be accepted for processing. 6. A threshold point limit shall be established by the city council as part of the residential assessment system. This threshold point limit shall constitute the minimum number of points a project is required to achieve if it is to be given consideration for approval by the planning commission. 7. Those tentative tract applications that were previously filed under the county but not approved by the county planning commission shall not proceed with processing or filing until Review Period 1 as Ak stated above. IV Page 2 8. Within five days after the paint rating determination, the community development director shall cause a written notice to be mailed (certified) to the applicant stating the point rating for his residential development project and whether his application has received the required threshold point limit for further consideration by the planning commission. B. Appeal of Ratings. 1. Ratings of applications by the growth management committee and /or the design review committee may be appealed to the planning commission by an aggrieved person or body, public or private, within fourteen days after the day of decision. 2. The decision of the planning commission of any such appeal may be appealed to the city council by any aggrieved party in the same manner and time limitations as are set forth for the filing of an appeal with the planning commission. The decision of the city council shall he final. (Ord. 86 S6, 1979). PASSED, APPROVED, and ADOPTED this 3rd day of June, 1981 AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor • ATTEST: Lauren M. Wasserman, City Clerk r �� 11 PROPOSAL FOR DEER CREEK PFG= FUNDING OF [MTCHING SHARE June 2, 1981 In order to meet the local commitment of $5.9 million for the matching share of the $35 million Cucamonga Creek project, a small group of City and County representatives has met and proposes the following: 1. A one -time benefit assessment would be approved in order to raise $4 million of the required $5.9 million matching share. 2. Private sector developers would be asked to raise the re- maining $1.9 million by submitting irrevocable letters of credit to the County of San Bernardino. As reimbursements are received from the State, the County will reimburse develop- ers for their contributions. 3. Assessments will be different for those cities which are within the watershed area and for those cities which are within Zone I, but are outside of the watershed areas. 4. The maximum assessment per unit for property outside of the watershed area will be approximately $4 -10. The specific figures are not available at this time, but will be available on June 2, 1981. -2- 5. A "unit" equals a "typical" R -1 lot (7,200 square -feet x benefit coefficient). The benefit coefficient is being worked out by the engineers assigned to study the benefit assessment district. 6. Development fees to finance local drainage projects are already levied or are being considered by most cities. It may also be appropriate for the County to consider a similar fee structure for unincorporated areas which have major flood control or drainage problems. 7. Land use assessments would be as follows: Vacant /Unimproved - Exempt Agriculture /Dairies - Exempt Residential - Assessment on unit basis Commercial s Shopping Centers - Assessment on unit basis Industrial /Downtown - Assessment on unit basis It is important to note that the one -time benefit assessment is to solve our immediate problem to generate the $5.9 million which is the matching share of the $35 million Deer Creek project. It is essential that the private and public sectors make a commitment to resolve the area's long -range flood control problems within the next several months. In order to make certain that the long - range problems of our area are resolved, it is proposed that a technical subcommittee be appointed to consider the following: V 3 -3- 1. Preparation of a comprehensive benefit assessment district to be submitted to the electorate in the near future. 2. Preparation of a plan for financing operation and maintenance of the existing network of flood control facilities. 3. Preparation of a plan for the repayment of loans made by the County to the Flood Control District. While it is recognized that the short -term, Board- approved benefit assessment fails to provide a permanent, long -range solution to our problem, it is essential that we raise the $5.9 million local share in order to be certain that the $35 million. Deer creek fund- ing is not diverted to other areas of our nation. The various public agencies and the private sector must form a partnership to guarantee that our region retains the $35 million in funding which will help solve our flood control problems. The Deer Creek improvements will solve regional flood control problems; therefore, it seems appropriate that the entire region work together to raise the local matching share of the $5.9 million. INTER - OFFICE MEMO AMh. DATE May 29, 1981 >;n u•nemino FROM Thomas Wickum, Captain PHONE Rancho Cucamonga Sheriff's Station TO Lauren Wasserman, City Manager City of Rancho Cucamonga SUBJECT ABC Background Investigation -- James W. Blalock Pursuant to your request and upon receiving the applica- tion for an Alcoholic Beverage License the background investigation was made on James Wallace Blalock. The following information was found. 1. Suspect in a battery incident September 20, 1973. No additional information. 2. Victim of a grand theft August 28, 1974. 3. Suspect and arrested for assault with a deadly weapon (felony) September 28, 1978 -- released, no complaint issued, "detention only." 4. Victim of a burglary June 6, 1979. 5. Suspect in sales of alcoholic beverage to a minor December, 1980 -- plead guilty and paid $500 fine. a. In addition to the above charge as listed on the ABC application, an additional charge of 24200 (a and b) appeared on the application. That section is not a violation, but a require- ment of the arresting agency to report the arrest to ABC. The only other entries found were in his driving record when he received two speeding tickets, one on January 1, 1979 and the other on January 16, 1979, where he paid a $25 and $45 fine respectively. If you need any additional information please advise me. '/ W TW:jec 12•1367'000 R.. 1/17 BL IMK Jamea w. Effective Date: 13_aInDee Effective Dale: �,. r•.)wo 3. TYPES) OF TRANSACTION(S) FEE LIC. TYPE P- H.2EF. E "2 ^4 00 ^1 4, Nome of Business The Enirit Shomp CT 20 5. Location of Business— Number and Street 8760 Baseline City and Zip Code CouctySi= Rancho twcamonra 9'11701 eTnq RECEIPT NO, TOTAL a) ?� � (_- i � n 6. If Premises Licensed, 7. Are Premises Inside Show Type of license 21 -74712 City Limits? Yeg 8, Mailing Address (if different from 5)— Number and Street throw) (F.'.) 9. Hove you ever been convicted of a felony? �! �T 10. Hove you ever violated any of the provision, of the Alcoholic y�-�-.a„ Beverage Control Act or regulations of the Department per. --r-1 Pr•' taining to the Act? Yea 11. E.ploi o "YES" answer la items 9 or 10 on an attachment which shall be deemed It of this application. 12/80- 25658(a) & 24200(aW ow oai3 5500.00 ii RaS.Ri -4 _ 11. Applicont agrees -(o) -that arty mmrcger employed in on -sole licensed premises will have all the qualifications of a licensee, and IN) the, he will not violate or cause or permit to be violated any of the provisions o/ the Alcoholic Beverage Control Act. 13. 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LIM with M. lmn knoolknoon ar u v riloo, a Mdx.nu , r it D .ilk no el hpnlhrpr car b dillnutl w ;nlwra any wWrtw of rr.n,larw; (1) IMI IM Iron,lx apt i<aliw may b wiMtlnwn ab,•ailMr IM1a .plvenl w M Iknw +bn no nwlrinv linbiluy la Ib aophrMOnr. 16. Name(,) of licensee(,) 17. Sigrwlo,e(,) of Licensee(,) 18. License Number(,) NRIS MAr. F nest .,f ✓...— .—h-.p �-. �,. r•.)wo PCi:4JART. 19. Location Number and Street City and Zip Cade County R7 Pnnoliinr_ a h C f- i(•T33� ow ns •ftA BaFnar - "Inc Do A'nt Write Below This Line; For Department Use Only Attached: ZI Recorded notice, ❑ Fiduciary papers, ❑ .......... .. ............ . ................. ...._....._.._............................. COPIES MAILED ._.. _5/ 2,1/ 81......_. ._....._....................... Ia,H..l ... r t C e RmewoL Fee;,O. �.!�OP,id at San Hernsrdiao...... Office on �.5/21/8,.j'% ..Receipt No..._C�_I, J .... ........ .. ._.. Ago .III I LU AGE 7ti OUD 120,130 FBI iIT ti 00 SEX* WT 20(} NARC* CLET 00000 RCSP 00057 1. L ,v The regular meeting of the City Council was held in the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, May 20, 1981. The meeting was called to order at 7:10 p.m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also Present: City Manager, Lauren M. Wasserman; Deputy City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: Councilman Frost requested that the words, "at a future meeting" be deleted from the motion to present Mrs. Gorczyca, Laura Jones, and Jorge Garcia city plaques as stated on page three of the April 15 minutes. Motion: Moved by Frost, seconded by Mikels to approve the minutes of April 9 and April 15, 1981 as amended. The motion carried unanimously 5 -0. 2. ANNOUNCEMENTS. A. Opening on the Historical Commission: Councilman Frost suggested that the Council establish a screening process since he did not know one of the applicants at all. Council concurred with this suggestion and appointed Jon Mikels and Art Bridge to proceed with the screening and bring their recommendations back to Council. B. Mr. Wasserman announced that at the next meeting there would be a recommenda- tion. before Council for consideration regarding the Etiwanda Specific Plan. There would be an Advisory Committee to select plus some goals, etc. Councilman Frost, along with some of the others on the Council, stated that they wanted to gat with staff regarding the formulation of these recommendations. Mr. Wasserman said staff would be in contact with each individual councilman during the formulation process in order to obtain all their input. C. Mayor Schlosser announced that he, along with the city engineer, city manager, and Councilman Frost, attended a meeting with the Board of Supervisors. The item under discussion was the Deer Creek Flood Control Channel. In order to complete the project, there was a need for $5.9 million by the 1st of July. The County does not have the funds to complete the project. D. Mr. Wasserman announced the following changes in the agenda: Removal of consent calendar items "g" and "i ". Removal of Staff Report items 5A and 5G. Add staff report item 5H, Authorization to seek bids for the purchase of a vehicle. w by o1 _ to No. 8i -78 with the understanding that it is a compromise bill and insufficient to take care of the problems the State has, and to waive the entire reading. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: Palombo. ABSENT: None. (Palumbo stated he was not in favor since the tax was not sufficent to do the job intended. Mikels stated he approved the Resolution with reservations). Motion: Moved by Frost, seconded by Bridge to approve Resolution No. 81 -78 and to waive the entire reading. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: Palumbo. ABSENT: None. (Palombo stated he was not in favor since the tax was not sufficient to do the job intended. Mikels stated he approved the Resolution with reservations). City Clerk Wasserman read the title of Resolution No. 81 -78. RESOLUTION NO. 81 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING SUPPORT FOR SENATE BILL 215 TO INCREASE FUNDS FOR THE MAINTENANCE AND CONSTRUCTION OF THE STATE TRANSPORTATION SYSTEM. 5C. CONSULTANT'S REPORT ON DEVELOPMENT OF FISCAL MODEL. An oral report was presented by Kent Meek, the consultant from MKGK. MKGK had prepared and developed the fiscal model for the City of Rancho Cucamonga. The development was now complete, and this was the final presentation to Council. The fiscal model was an information resource tool which would simulate the results of decisions made about land use or fiscal issues. Council received and filed the report. 5D. PARK IMPELEMENTATION PLAN. The park implementation plan was presented by Bill Holley which addressed the manner and method as well as financial considerations involved in developing Rancho Cucamonga's Municipal park system. Motion: Moved by Frost, seconded by Palombo to proceed with the Plan and to authorize staff to proceed with the implementation of the plan. Motion carried unani- mously 5 -0. SF`UQ FRE ST FOR CITY COUNCIL TO CREATE A COMMITTEE TO SELECT REDEVELOPMENT CONSUL- TANT. Staff report by Jack Lam. Mr. Lam said that staff had been sending out RFPs to consultants. He suggested that Council form a consultant's selection committee comprising of two council members, one planning commissioner, city manager, and community development director. Council concurred in selecting Jon Mikels and Mike Palombo and for the Planning Com- mission to pick their own representative.